Municipal Board of Zoning Appeals

Agenda Gallatin Municipal Board of Zoning Appeals Thursday, August 31, 2017 Municipal Board of Zoning Appeals - 5:30 p.m. DR. J. DEOTHA MALONE COUNCIL CHAMBERS CITY HALL • Call to Order • Invocation • Pledge of Allegiance • Roll Call  No Minutes to Approve REGULAR AGENDA 1. GMBZA RESOLUTION NO. 2017-08 B-4651-17 MURPHY, RICK & LINDA – VARIANCE GREENLID DESIGN, LLC PUBLIC HEARING THE OWNER AND APPLICANT REQUEST A VARIANCE OF 8.5 FEET TO PERMIT AN EXISTING HOUSE TO BE 11.5 FEET FROM THE WEST SIDE LOT LINE AND A VARIANCE OF 10.4 FEET TO PERMIT A PROPOSED ADDITION TO THE SOUTHEAST CORNER OF THE EXISTING HOUSE TO BE 9.6 FEET FROM THE EAST SIDE LOT LINE. SECTION 06.03.020. C. OF THE GALLATIN ZONING ORDINANCE REQUIRES A TWENTY (20) FOOT WIDE SIDE YARD SETBACK. THE APPLICANT ALSO REQUESTS APPROVAL OF A VARIANCE OF 0.06 (6%) FROM SECTION 06.03.030.A.MAXIMUM LOT COVERAGE, AND APPROVAL OF A VARIANCE OF 0.06 (6%) FROM SECTION 06.030.030.B. FLOOR AREA RATIO (F.A.R.). THE 0.43 ACRE LOT IS ZONED R40-LOW DENSITY RESIDENTIAL AND IS LOCATED AT 940 LAKESHORE DRIVE, TAX MAP PARCEL 136D/A/008.00, OF THE LEELAND HEIGHTS SUBDIVISION. 2. OTHER BUSINESS 3. MOVE TO ADJOURN  ITEM I GMBZA Resolution No. 2017-08 RESOLUTION OF THE CITY OF GALLATIN, TENNESSEE, MUNICIPAL BOARD OF ZONING APPEALS APPROVING A VARIANCE OF 8.5 FEET TO PERMIT AN EXISTING HOUSE TO BE 11.5 FEET FROM THE WEST SIDE LOT LINE AND A VARIANCE OF IO.4 FEET TO PERMIT A PROPOSED ADDITION TO THE SOUTHEAST CORNER OF THE EXISTING HOUSE TO BE 9.6 FEET FROM THE EAST SIDE LOT LINE. SECTION 06.03.020. C. OF THE GALLATIN ZONING ORDINANCE REQUIRES A T\ryENTY (20) FOOT WIDE SIDE YARD SETBACK. THE BOARD OF ZONTNG APPEALS ALSO APPROVES A VARTANCE OF 0.06 (6%) FROM SECTION 06.03.030.A.0 MAXIMUM LOT COVERAGE AND A VARIANCE OF 0.06 (6%) FROM SECTTON 06.03.030.8., FLOOR AREA RATIO (F.A.R.). THE 0.43 ACRE LOT IS ZONED R4O.LOW DENSITY RESIDENTIAL AND IS LOCATED AT 940 LAKESHORE DRTVE, TAX MAP PARCEL 136D/A/008.00, OF THE LEELAND HEIGHTS SUBDTVTSTON (MBZA FrLE# 8-4651-17) WHEREAS, THE CITY OF GALLATIN, TENNESSEE MUNICIPAL BOARD OF ZONING APPEALS considered the request for a variance of 8.5 feet to permit an existing house to be I l 5 feet from the west side lot line and a variance of 10.4 feet to permit a proposed addition to the southeast corner of the existing house to be 9.6 feet from the east side lot line. Section 06.03.020. C. Of the Gallatin Zoning Ordinance requires a twenty (20) foot wide side yard setback, and a variance of 0.06 (6%o) ftom section 06.03.030.4., Maximum Lot Coverage and a variance of 0.06 (6%) from section 06.03.030.B., Floor Area Ratio (F.A.R.). The 0.43 acre lot is zoned R40-Low Density Residential and is located at940 Lakeshore Drive, Tax Map Parcel136DlN008.00, of the Leeland Heights Subdivision (MBZA File# B-4651-17) at its regular meeting on August 31,2017; and \ryHBREAS, THB CITY OF GALLATIN, TENNESSEE MUNICIPAL BOARD OF ZONING APPEALS reviewed the application materials and supporting documentation submitted by the applicant, the analysis, findings and recommendations presented by City Staff and in the Municipal Board of Zoning Appeals Staff Report, and evidence and testimony presented during the meeting; and WHEREAS, THE CITY OF GALLATIN, TENNESSEE MUNICIPAL BOARD OF ZONING APPEALS is required in its deliberations, pursuant to the Gallatin Zoning Ordinance to indicate the specific requirement under which the variance is being considered and state specific findings and specifically identify the hardships warranting such action by the Board; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF GALLATIN, TENNESSEE MUNICIPAL BOARD OF ZONING APPEALS makes the following findings pursuant to T.C.A. Section l3-7-206; Section 13-7-207(3); and Section 15.05.030 of the Gallatin Zoning Ordinance: Section L The request for a variance of 8.5 feet (west side) from the required 20 foot side yard and 10.4 feet to permit a proposed addition to the southeast  tTErt t comer of the existing house, per the City of Gallatin Zoning Ordinance, Section 06.030.020.C., Tax Map Parcel 136D1N008.00. at 940 Lakeshore Drive, meets all nine (9) of the Standards for a Variance as described in the body of the Staff Report and as set forth in Gallatin Zoning Ordinance, Section 15.05.030: A. The particular physical surroundings, shape, topographic conditions of the specific property involved would result in a particular hardship upon the owner as distinguished from a mere inconvenience, if the strict application of this Ordinance were carried out; B. The conditions upon which the petition for a variance is based would not be applicable, generally, to other property within the same district; C. The variance will not authorize activities in a zone district other than those permitted by this Ordinance; D. Financial returns is not be considered the basis for granting the variance; E. The alleged difficulty or hardship was not created by any person having an interest in the property after the effective date of this Ordinance; F. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures, or buildings in the same district; G. The variance is the minimum variance that will make possible the reasonable use of the land, building, or structure; H. The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the area in which the property is located; and I. The proposed variance will not impair an adequate supply of light and air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values within the area. Section 2 Action - The Gallatin Municipal Board of Zoning Appeals hereby approves: 1) a variance of 8.5 feet (west side) from the required 20 foot side yard and 10.4 feet to permit a proposed addition to the southeast comer of the existing house, per the City of Gallatin Zoning Ordinance, Section 06.030.020.C., 2) a variance of 0.06 (6%) from section 06.03.030.4., Maximum Lot Coverage and, 3) a variance of 0.06 (6%) from section 06.03.030.8., Floor Area Ratio (F.A.R.), for property located on Tax Map Parcel136D1N008.00. at940 Lakeshore Drive. BE IT FURTHER RESOLVED BY THE CITY OF GALLATIN, TENNESSEE MUNICIPAL BOARD OF ZONING APPEALS that this resolution shall take effect from and after its final passage, the public welfare requiring such. IT IS SO ORDERED PRESENT AND VOTING  rTEtü I AYE NAY: DATED: 0813112017 Jimmy Moore, Chair Homer Vaughn, Secretary APPROVED AS TO FORM: SUSAN HIGH-MCAULEY CITY ATTORNEY  ITEM 1 PLAI\NING DEPARTMENT STAFF REPORT 940 Lakeshore Drive - Variance Request-B-4651-17 Located on Lakeshore Drive, South of Nashville Pike Date: August 3lr2017 REQUEST: THE OWNER AND APPLICANT REQUEST A VARIANCE OF 8.5 FEET TO PERMIT AN EXISTING HOUSE TO BE 11.5 FEET FROM THE \ryEST SIDE LOT LINE AND A VARIANCE OF 10.4 FEET TO PERMIT A PROPOSED ADDITION TO THE SOUTHEAST CORNER OF THE EXISTING HOUSE TO BE 9.6 FEET FROM THE EAST SIDE LOT LINE. SECTION 06.03.020. C. OF THE GALLATIN ZONING ORDINANCE REQUIRES A TWENTY (20) FOOT WIDE SIDE YARD SETBACK. THE APPLICANT ALSO REQUESTS APPROVAL OF A VARIANCE OF 0.06 (6%) FROM SECTTON 06.03.030.4.0 MAXTMUM LOT COVERAGE, AND AppROVAr, OF A VARTANCE OF 0.06 (6%) FROM SECTION 06.030.030.8., FLOOR AREA RATrO (F.A.R.). THE 0.43 ACRE LOT IS ZONED R4O.LO\ry DENSITY RESIDENTIAL AND IS LOCATED AT 940 LAKESHORE DRIVE, TAX MAP PARCEL 136D/A/OO8.OO, OF THE LEELAND HEIGHTS suBDrvrsroN (MBZA FrLE# B-4651-17) O\ilNER: RICK AND LINDA MURPHY APPLICANT: ANDY LEATH, GREENLID DESIGN,LLC STAFF RE,COMMENDATION: GMBZA RESOLUTION NO. 2OI7-08 STAFF CONTACT: SHARON BURTON M'BZA MEETING DATE: AUGUST 3I,2OI7 PROPERTY OWRWEW: The owner and applicant request a variance of 8.5 feet to permit an existing house to be 11.5 feet from the west side lot line and a variance of 10.4 feet to permit a proposed addition to the southeast corner of the existing house to be 9.6 feet from the east side lot line. Section 06.03.020. C. of the Gallatin Zoning Ordinance requires a twenty (20) foot wide side yard setback. The applicant also requests approval of a variance of 0.06 (6%) from Section 06.030.030.4.n Maximum Lot Coverage, and approval of a variance of 0.06 (6"/o) from Section 06.030.030.8. Floor Area Ratio (F.A.R.). The 0.43 acre lot is zoned R40-Low Density Residential and is located at 940 Lakeshore Driveo Tax Map Parcel 136D/A/008.00, of the Leeland Heights Subdivision. (Attachment 1-1 and Attachment 1-2) Dwelling One-Family Detached is a permitted use in the R40 zone district. 940 Lakeshore Drive - Variance (8-4651-17) August 31,2017 CASE BACKGROUND: Property Hístory and Previous Approvals On April 8, 1954, the Leeland Heights Subdivision plat, consisting of 12 lots on the west side of Lake Shore Drive, was recorded by the Sumner County Registrar. (P.B. l, Page 209) before establishment of the R40 zoning. (Attachment 1-3) In 1956, a2,053 square foot residence was constructed on Lot #5, which is 940 Lakeshore Drive. The east side of Lakeshore Drive has much larger lots than those on the west side. The lots on the east side are part of Leeland Heights #2. Many of the houses on the east side were constructed in the 1960s. Zoning Maps prepared by the State of Tennessee, at least as far back as 1979, show this area zoned R40 - Low Density Residential. Most of the lot sizes in this area conform to the R40 minimum lot area requirement. Those on the west side of Lakeshore Drive, along the lake shore do not. However, all buildings/structures must meet the restrictions of the zone in which they are located, even if the lot area does not conform. Requested Yaríance The owner and applicant requests several variances from the Zoning Ordinance requirements to construct an addition to a residence located on a pre-existing legal nonconforming lot at 940 Lakeshore Drive in the Leeland Heights Subdivision. The owner is proposing to construct a 24' x 22' addition which would increase the nonconforming condition of the property. The applicant initially inquired about this property in early June,2017 and was informed by staff that the existing structure appeared to be nonconforming and that nonconformity did not necessarily constitute grounds for a variance. The current owners executed a deed of trust on June 15,2017. The application for a variance was received by the Planning Department on June 26,2017. The Gallatin Municipal Board of Zoning Appeals (MBZA) met on July 27,2017 to hear the request for a variance. However, only the setback request was advertised. At the meeting, the Board was informed that the applicant also needed to request a variance for the Maximum Lot Coverage and Floor Area Ratio, and would need to reappear before the Board. After discussion at the meeting, the Board acknowledged that the lot was nonconforming, and possibly, three (3) to four (4) neighboring properties also were nonconforming. 2 940 Lakeshore Drive - Variance (8-4651-17) August 31, 2017 The R4O-Low Density Residential zone district has the following Bulk Regulations: TABLE 1 R4O DISTRICT MINIMUMAVIAXIMUM STANDARDS BULK REGULATIONS ORDINANCE PERMITTED/ EXISTING PROPOSED WREQUEST SECTION REQUIRED 06.03.0304 Max. Lot 15% (2,830 s.f.) 3,568 s.f. 4,096 s.f. 2l.7lYo Coverage 18.91% 06..03.040A,8,C AREA/ YARD REOUIREMENTS **Min. Req'd. Lot 40,000 s.f 18,865 s.f. 18,865 s.f. Area Front Yard Setback 50' 68', 68', Side Yard Setback 20' 10.7'1t2.3' 10.7'19.6' West/East Rear Yard Setback 30' 69s', 50' **Min. Lot Width r20' 100' 100' **No variance required since this is a pre-existing non-conforming condition 06.03.030 BulkRegulations The bulk regulations appearing below apply to buildings or other structures located on any zone lot or portion of a zone lot, including all new developments, enlargements or conversions; provided, however, that all bams, sheds, silos, or other buildings used exclusively for agricultural purposes shall be exempt from these regulations. A. Maximum Lot Coverage Permitted - the maximum zone lot coverage for all structures, including accessory structures, shall not exceed fifteen (15) percent ofthe total lot area. B. Maximum Floor Area Ratio - the maximum floor area ratio shall be .15. Originally, no specific variance was requested for exceeding the Maximum Lot Coverage or Maximum Floor Area Ratio. These conditions were not included in the initial advertisement sent to the newspaper. The Table 1 describes variance requests from the bulk regulations. The existing house now exceeds the maximum permitted bulk regulations for the lot. The 3 940 Lakeshore Drive - Variance (8-4651-17) August 31,2017 maximum permitted lot coverage in the R40 zone district is l5Yo of the lot while the existing house covers 18.91% of the lot. With the addition,2I.To/o of the lot will be covered by buildings. If granted, the variance would increase the nonconformity. 06.03.40.1 Area and Yard Requirements A. General Provisions - General provisions applicable to all residential districts concerning visibility at intersections, permitted obstructions in required yards, obstructions prohibited at street intersection, adjustments for lot area remainder, exceptions to these provisions and other regulations are contained in Articles 12.00 and 13.00 of this Ordinance. B. Minimum Required Lot Area - the minimum required lot area shall be 40,000 square feet. C. Basic Provisions - The basic yard regulations appearing below apply to all zone lots located within R40 Districts, except as provided in Section 12.12. Greater yard and building setbacks may be required when the R40 zoned properties are located adjacent to a separate zoning district to comply with bufferyard requirements of Article, 13, Section 13.03. Front Yards - a minimum of fifty (50) feet. Side Yards - a minimum of twenty (20) feet. Rear Yards - a minimum of thirty (30) feet. Setbacks from roadways scheduled for widening shall meet the setback from the projected future right-of-way line as identified in the Comprehensive Plan. D. Minimum Lot Width- the minimum lot width at the building line shall be one-hundred- twenty (120) feet." According to the recorded plat, and the Zoning Maps, the four adjoining lots on the west side of Lakeshore Drive do not meet the Lot Area Requirements, nor do they meet the Minimum Lot Width requirement in the R40 district, and many of the structures do not appear to meet the side yard setback requirements (20'). This may be due to the fact that they were built prior to the zoning being adopted. Upon establishment of zoning, many of the lots and structures became nonconforming. According to Gallatin Zoning Ordinance, 15.05.040 Non-Conformitv Does Not Constitute Grounds for Granting of a Variance No non-conforming use of neighboring lands, structures, or buildings in the same district, and no permiued or nonconforming use of lands, structures, or buildings in other districts shall be considered grounds for the issuance ofa variance. The applicant bought the residence at940 Lakeshore Drive knowing it was a pre-existing nonconforming lot and structure. 4 940 Lakeshore Dríve - Variqnce (8-465I-17) August 31,2017 The MBZA suggested that staff investigate the possibility of re-zoning the property to a district that would eliminate the need for a variance. The only zoning district that would eliminate the nonconformity would be the RlS-Medium Density Residential district. Staff evaluated the possibility of rezoning the lot and four adjoining lots, but moving to an Rl5 district would also allow for multi-family uses not consistent with the neighborhood. The difference in permitted and conditional uses in R40 and Rl5 also need to be taken into consideration. R40 Permitted: A. Principal Permitted Uses and Structures - Within the R40 Low Density Residential Districts as shown on the Gallatin Zoning Map, the following activities as described in Section 03.05: Residential Activities Dwelling One-Family Detached/S ingle-family residence Community Residential Home Community Facility Activities Essential Services Agricultural Activities Crop and Animal Raising Agricultural Uses and Purposes R40 Conditional: C. Conditional Uses - The following activities may be permitted only as conditional uses in accordance with Section 15.06 Community Facility Activities Limited Child and Adult Care Nursing Home Community Assembly Non-assembly Cultural Utility and Vehicular Intermediate Impact Place of Worship Community Education Bed and Breakfast Home Assisted Living Facility Agricultural Activities Plant Nursery 5 940 Lakeshore Drive - Variance (8-465I-17) August 31, 2017 R15 Permitted: A. Principal Permitted Uses and Structures - Within the Rl5 Medium Density Residential Districts as showing on the Gallatin Municipal Regional Zoning Maps, the Following activities as described in Section 03.05 are permitted: Residential Activities Dwelling One-Family Detached/ Single Family residence Community Residential home Community Facility Activities Essential Services Rl5 Conditional: C. Conditional Uses - The following activities may be permitted only as conditional uses in accordance with Section 15.06: Residential Activities Multi-Family Bed and Breakfast Home Community Facility Activities Place of Worship Community Education Utility and Vehicular Intermediate Impact The regulations for the Rl5 zone district are as follows 06.05.030 Bulk Regulations The bulk regulations appearing below apply to buildings or other structures located on any zone lot or portion of a zone lot, including all new developments, enlargements, extensions or conversions located in any Rl5 District. A. Maximum Lot Coverage Permitted - the maximum zone lot coverage for all structures, including accessory structures, shall not exceed thirty-five (35) percent ofthe total lot area. B. Minimum Development Area Per Dwelling Unit - no dwelling unit shall be permitted on a zone lot with a total development area of less than 1 1,250 square feet per dwelling unit. C. Maximum Floor Area Ratio - the maximum floor area ratio shall be .24 06.05.040 Area and Yard Requirements 6 940 Lakeshore Drive - Variqnce (8-4651-17) August 31, 2017 A. General Provisions applicable to all residential districts concerning visibility at intersections, permitted obstructions in required yards, obstruction prohibited at street intersections, adjustments for lot area remainder, exceptions to these provisions, and other regulations are contained in Articles 12.00 and 13.00 of this Ordinance. B. Minimum Required Lot Area - the minimum required lot area shall be 15,000 square feet. C. Basic Provisions - The basic yard regulations appearing below apply to all zone lots located within Rl5 Districts, except as provided in Section 12.12. Greater yard and building setbacks may be required when the Rl5 zoned properties are located adjacent to a separate zoning district to comply with bufferyard requirements of Article, 13, Section 13.03. 1. Front Yards- a minimum of forty (40) feet. 2. Side Yards - a minimum of ten (10) feet, except as provided in Section 12.05. 3. Rear Yards - a minimum of twenty-five (25) feet. Setbacks from roadways scheduled for widening shall meet the setback from the projected future right-of-way line as identified in the Comprehensive Plan. D. Minimum Lot V/idth - the minimum lot width at the building line shall be seventy-five (75) feet During research, staff found that according to the Gallatin Zoning Ordinance, Article 02.02 Definitions, Floor Area Ratio, ... One-Family detached dwellings shall be exempt from the Floor Area Ratio requirement. However, if exempt from the Floor Area Ratio requirement, the Maximum Lot Coverage requirement still applies. According to the applicant's submittal, by changing the zoning so that there would only be a ten-foot side yard requirement the applicants would still be allowed to build the addition they desire without a variance. Without a proper survey of all of these nonconforming properties, there is no way to tell how much encroachment into yard areas exist. From recorded documents, rezoning the properties to Rl5 would only make the lot size conforming for all of them. The only other property to gain any other benef,rt from rezoning, would be Lot 4, which exceeds the Maximum Lot Coverage of the R40 district by only 0.02 (2%). The remaining two (2) lots meet or are below the Maximum Lot Coverage. No other owners of lots have requested any variances, rezoning, etc. The Variance provisions of the Gallatin Zoning Ordinance that apply to this case are listed below 15.05 Zonins Variances The Board of Zoning Appeals may grant variances where it makes findings of fact based upon the standards prescribed in this section. 15.05.030 Standards for Variances Section 15.05.030 of the Gallatin Zoning Ordinance states the Board of Zoning Appeals shall not grant a variance unless it makes findings based upon evidence presented to it as described in nine (9) specific criteria that are listed below. The applicant responded to these standards in writing 7 940 Lakeshore Drive - Variance (8-4651-17) August 31,2017 (Attachment l-4). The Board shall determine if this variance request meets all nine (9) of the following standards for a variance as required by the Gallatin Zoning Ordinance as described below. A. The particular physical surroundings, shape, topographic conditions of the specific property involved that would result in a particular hardship upon the owner as distinguished from a mere incoAnvenience, if the strict application of this Ordinance were carried out must be stated. . Applicant response: The existing house and the setbacks are already being encroached present the hardship. Staffresponse: The size ofthe parcel and the setbacks required by the adopted zoning are limiting features of this property and contribute to the difficulties of constructing a larger residence to meet the desire of the owners. However, these are only limits, not 'hardships' as defined above. The lot has a buildable area with a depth of approximately 188 feet (at its centerline) and a width of approximately 100 feet. When subtracting yard areas, there is a buildable area of 108 feet in length and 80 feet in width buildable footprint. While this is not the smallest lot in the subdivision, its proportions do contribute to the lot's challenges. Any additions would need to be to the front or rear of the property. B. The conditions upon which the petition for a variance is based would not be applicable, generally, to other property within the same district. . Applicant response: Other properties in the area also encroach upon the setbacks and the request is within a reasonable distance of other encroachments. Staff response: This variance request is subject to this property only. Most of the other properties on the west side of Lakeshore Drive would also need to ask for a variance if they wanted to enlarge their building footprint to the point of exceeding the maximum lot coverage of their residences. No other properties would be entitled to a variance if the Board agreed to grant this variance. They must request their own. C. The variance will not authorize activities in a zone district other than those permitted by this Ordinance. . Applicant response: No unauthorized activity for this zone is being requested. Staff response: This variance will not authorize any use or activity that is currently not permitted in the R-40 zoning district. D. Financial retums only shall not be considered as a basis for granting a variance. . Applicant response: There is no financial benefit to the owners of this property by receiving the variance. a Staff response: If granted, the variance would permit the property owner to construct a 528 square foot addition to the residence. E. The alleged diffrculty or hardship has not been created by any person having an interest in the property after the effective date of this Ordinance. . Applicant response: The hardship was not created by anyone with an interest in this property. I 940 Lakeshore Drive - Variance (8-4651-17) August 31, 2017 o Staff response: The alleged difficulty or hardship has been created by a person having an interest in the property after the effective date of the Ordinance. As stated above, health is not considered an applicable hardship. The applicant recently purchased the property knowing that it was nonconforming for the zoning district and that they might, one day, have health restrictions. F. That granting the variance requested would not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures, or buildings in the same district. o Applicant response: V/e feel this request is a reasonable request and would be as such for any other property in the area. o Staff response: If granted, this variance would confer on the owner a special privilege that is currently denied by the Gallatin Zoning Ordinance to any other property or building within this zone district without also obtaining a variance. Other residents could construct similar additions to homes but would also find it difficult to meet the R40 regulations and likely may need to request variances, if an actual hardship existed G. The variance is the minimum variance that will make possible the reasonable use of the land, building, or structure. o Applicant response: The minimum variance needed is being requested. a Staff response: According to the applicant's site plan, the requested variance is the minimum variance necessary for the size and location the property owner desires. However, the applicant could construct the addition within the code required setbacks in the rear. If this was done, the addition would comply with required setbacks. However, variance would still be needed for the Maximum Lot Coverage. H. The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the area in which the property is located. . Applicant response: The granting of this request is not detrimental to the public welfare or injurious to other properties in the area. o Staff response: If granted, the variance could affect adjacent property or nearby owners or properties since the encroachment will place the structure even closer to the neighboring property line. The applicant provided a letter with the application indicating the two adjacent owners do not object to this request. However, it was not signed/sent by these owners. I. The proposed variance will not impair an adequate supply of light and air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values within the area. . Applicant response: The request will not impair the supply of light and air to adjacent property or increase the congestion in the area. a Staff response: If granted, the variance will impair an adequate supply of light and air to adjacent property, but will not increase traffic or otherwise endanger public safety. It will place the structure closer to the neighboring property line. No information was provided to assess the impact on adjacent property values. I 940 Lakeshore DrÌve - Variance (8-465I-17) August 31,2017 The applicant's response to the first checkprint comments is also attached (Attachment 1-5) since it varies slightly from the originally submitted comments in that the applicant acknowledges in #6 that it was "understood that standards are not met." 15.05.060 Conditions and Restrictions by the Board The Board may impose such conditions and restrictions upon the premises benefited by a variance as may be necessary to comply with the provisions set out in Section 15.05.030 to reduce or minimize the injurious effect to such variations upon srÍrounding property and better carry out the general intent of this Ordinance. The Board may establish expiration dates as a condition or as a part of the variances. If this variance request is approved, the owner shall submit a plot plan for the parcel, per Gallatin Zoning Ordinance Section 15.03.020.C, for review by Staff to acquire building permits. ENGINEERING DEPARTMENT COMMENTS The Engineering Division reviewed the variance request, and had no comments. OTHER DEPARTMENTAL REVIEW COMMENTS Other City Departments reviewed the variance request, and none had any comments RECOMMENDATION Staff does not recommend that the Gallatin Municipal Board of Zoning Appeals approve GMBZA Resolution No. 20 1 7-08. ATTACHMENTS Attachment 1-1 (A)Location Map, (B)Enlarged Aerial Photo Attachment l-2 Murphy Variance Exhibit (B-465 | -17) Attachment 1-3 Plat of Leeland Heights Attachment l-4 Applicants response to the Standards for Variance dated |wrc26,2017 Attachment 1-5 Checkprint Comments Responses dated July 14,2017 10  S@tmoe italGlobe, GeoEye, Earthstar Geographics. CNES/Airbus DS lD, lGN, and the GIS User Community lo ùÆiDA, ffiË-'l ffir$åffiffi',ä ,- r GM BZA8-4651-17 Legend Murphy Variance Request ? 940 Lakeshore Dr ÆfïA#|tffiffiru'È t-t(Ð .* looÒÔt oq JY I ,ô\ -ô- ç^ l'.i t_ ORtVÊ -- f (Ár(â 4pe4 _ co oonoEfÉ U¡g I G ca o J I ) \ \0ñRÊ!E e t/ <i z u ) ru. É!.a6r.o PLAT OF f '-3 * LEELAND HE¡G}IÎS . 5UÈDIV¡SON CIVIL OISTRICT OF SUMNER COUNIY- TENNESSEE SUMNER COUNÎY c't_Egrgi tEE JEÈIESSEE __. _ __ oêvEtoFEÊ :::ä;j ,:¿* 41. =:--"*P.a, lti sc^,. r r"¿H- too'  n ftþofqenlD-DesLg 26 June2OLT JUN 2 6 TTfi City of Gallatin L32 West Main Street Gallatin, Tennessee 37 066 Re: Variance Request 940 Lakeshore Drive Gallatin, Tennessee 37056 Planning: The current owners of the referenced property would like to request a setback variance for the side setback along the eastern property line. The lot is a non-conforming lot with existing encroachments into the west and east side setbacks of 8.5' and 7.7' respectively. The request is for an additional encroachment for a proposed addition to the southeast corner of the existing home. The proposed addition would encroach into the side setback L0.4' at the closest location to the property line. The existing house and that the setbacks are already being encroached present the hardship. Other properties in the area also encroach upon the setbacks and the request is within a reasonable distance of other encroachments. No unauthorized activity for this zone is being requested. There is no financial benefit to the owners of this property by receiving the variance. The hardship was not created by anyone with an interest in this property. We feel this request is a reasonable request and would be as such for any other property in the area The minimum variance needed is being requested. Ærï-KülfltrËruT ,-rl GreenLlD Design, LLC 114 B West Main Street Gallatin, TN 37066 (T): 615-230-7269 ß'y'¿Jtl' t7  ábo:"s."nhLP.P,,*:.tg* The granting of this request is not detrimental to the public welfare or injurious to other properties in the area. The following are copies of emails from the adjacent property owners provided to the requestor in support of the granting of the variance. Dear Linda and Rick, We have reviewed the proposed plan to renovate your property at 940 Lakeshore Drive and have no objection to the proposed addition. We reside at 936 Lakeshore Drive. Best, Dan and Deborah Grimes I think that the neighbor's plans are o.k. with me Sorry for the delay. Thanks, Michael (ThiCpen) The request will not impair the supply of light and air to adjacent property or increase the congestion in the area. The granting of this variance will not impact the public good or the intent and purpose of the zoning plan and zoning. With this cover letter we are also submitting the application, agent letter, fee, and 12 exhibits (3 full size, and t half size). lf our office may be of further assistance to you on thís project please contact us at your convenience. Sincerely, á hn A. Leath, P.E GreenLlD Design JUN 2 6 \Afl ATTA0H[$lHffiï l-.}.,n*T. GreenLlD Design, LLC 114 B West Main Street Gallatin, TN 37066 (T): 615-230-7269 ß-4¿gl-t7  âb"ss*"nhL?P,s:"tç^ L4 July 2017 City of Gallatin 132 West Main Street iul rtzolz Gallatin, Tennessee 37 066 Re Variance Request 940 Lakeshore Drive Gallatin, Tennessee 37066 Ms. Sharon We are submitting one (1)fullsize and eight (8)half-size plans of the above mentioned project. Addressed below are the project comments dated 7-\O-^OL7 . Planning Department t. Legend updated to current symbols. 2. Property dimensions and area are shown. 3. Lot 6 driveway shown. 4. R-O-W and pavement width of Lake Shore Drive shown. 5. Clients primary reason for wanting to add the extra room was ease of access. Client has rheumatoid arthritis and believes that getting from bedroom to the kitchen and living area will one day become difficult. Addition willinclude 22'by 24'master bedroom, bath and closet. *0. Understood that standards are not met. 7. Owners corrected to match agent letter. 8. Ground coverage and floor area provided in Bulk and Area Regulations table. 9. No P.U.D.E.S. are shown, per plat. L0. Certification of Compliance provided. LL. Statement of Financial Responsibility provided. 12. FEMA information provided. 13. Property owners across R.O.W provided. 14. See Note 19 under General Notes, HVAC located on side of house. Engineering Division No Comments n+.:>, '¡'*1. * ,.,:ìÞ I l',. 1.i , i;., ,i ,, .,¡ il i:i iir, L'* ,.,Ì i 'o ## ' IE ,, ¡ Buildins Department No Comments üruailçd,¡ I m¡ ffi hi ffi ä Hm Public Utilities Department GreenLlD Design, LLC 1L4 B West Main Street Gallatin, TN 37066 (T): 615-230-7269 ÅffiTl-s ß-//-f/'/7  44":.s-*,hLP.P,s:rç^ No Comments Police Department No Comments JUL 1 4 2017 Fire Department No Comments Department of Electricitv No Comments lf our office can be of any assistance on this project please contact our office at your convenience Sin rely, á A. Leath, P.E. GreenLlD Design ffi''i * 'i,.:.. i'i '' æ"*o* H-';: r'-' f,d ü'K **,# ud# # e'u *j ff, H r. Aä L 114 B west 3_==__' Ì=: ;-rn_t r, 37066 ÏfltñffiË¡T=f | -.t -, Ò [i i:E:::;l:Ï", l- /7 ß_ I L5