Municipal Board of Zoning Appeals

Agenda Gallatin Municipal Board of Zoning Appeals Thursday, September 28, 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  Minutes: July 27, 2017 and August 31, 2017 Gallatin Municipal Board of Zoning Appeals Meeting REGULAR AGENDA 1. GMBZA RESOLUTION NO. 2017-09 B-5576-17 CARMACK, RONALD - CONDITIONAL USE PERMIT CARMACK, RONALD E., SR. PUBLIC HEARING THE OWNER AND APPLICANT REQUEST APPROVAL OF A CONDITIONAL USE PERMIT FOR A THREE (3) UNIT, MULTI-FAMILY DWELLING USE AT 237 HAWKINS AVENUE, PER SECTION 06.05.020.C OF THE GALLATIN ZONING ORDINANCE, ON A 0.845 (+/-) ACRE LOT ZONED R15 – MEDIUM DENSITY RESIDENTIAL (S.B.E. TAX MAP 126N/J/031.00). 2. OTHER BUSINESS 3. MOVE TO ADJOURN  , Offi$ffiEruAL MINUTES OF THE GALLATIN MUNICIPAL BOARD OF ZONING APPEALS MEETING July 27,2017 Members Present Staff Present Jimmy Moore, Chair Robert Kalisz, Assistant Director of Planning Homer Vaughn, Secretary Sharon Burton, Planner I Jeannie Gregory Marianne Mudrak, Board Secretary Absent Others Present John Puryear, Vice Chair Applicants The Gallatin Municipal Board of Zoning Appeals met in a regular meeting on Thursday, July 27, 2017 at 5:30 p.m., in the Dr. J. Deotha Malone Council Chambers of Gallatin City Hall. Mr. Jimmy Moore, Chair, called the meeting to order. A copy of the meeting agenda is attached to these minutes as Exhibit A. Chair Moore led the opening prayer and Mr. Vaughn led the pledge of allegiance. Ms. Mudrak called roll. Approve Prior Minutes Chair Moore presented the minutes of the June29,2017 Municipal Board of Zoning Appeals regular meeting for approval. Chair Moore motioned to approve the minutes as presented. Mr. Vaughn seconded the motion and the motion passed 3 ayes, 0 nays. 1. GMBZA Resolution No. 2017-08 (B-4651-17) - Murph)¡. 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 6 feet from the east side lot line. Section 06.03.020.C of Gallatin Zoninp Ordinance reouires a twentv 120) wide side yard setback. The 0.43 (+/-) acre lot is zoned R40-Low Density Residential and is located at 940 Lakeshore Drive of the Leeland Heiehts Subdivision. Ms. Sharon Burton, Planner I, said the existing home is already encroaching into the 20 foot side yard and is 12.3 feet from the side lot line. The applicant is requesting a variance of an additional 8.5 feet encroachment into the west side lot line. The home was built before the current zoning designation. The size of the lot is non-conforming in size and the initial encroachment occurred before the current homeowners bought the house. Staff recommends denial of Resolution 2017-08. Mr. Robert Kalisz, Assistant Director of Planning, showed slides of the home and the adjacent property. He notified the Board that the request is for the side yard setback only; however, staff discovered that the home does not meet the floor area ratio or maximum lot coverage. If the setback variance is approved, the Gallatin Municipal Board of ZoningAppeals Meeting Minutes 2 July 27,2017 applicant will have to come back before the Board of Zoning Appeals with a request for a variance for the maximum lot coverage and floor area ratio. The Board could ask staff to investigate rezoning of the four adjoining properties, with similar lot sizes, to R20-Residential zoning. Mr. Andy Leath, Greenlid Design, LLC, representing the applicant, said the issue is the R40- Low Density Residential does not fit the lot and the zoníng should be R20- Low Density Residential. Both adjacent property owners submitted a letter stating they did not object to the addition to the home. (A copy of which is attached to these minutes as Exhibit B). Mr. Rick Murphy, applicant, said the family's two-story home was sold and this one-story home was purchased because his wife has Rheumatoid Arthritis and has difficulty navigating the stairs. A letter from Ms. Murphy's doctor was submitted to staff. (A copy of which is attached to these minutes as Exhibit C). Chair Moore convened Public Hearing. No one came forward to speak; therefore, Chair Moore closed public hearing. Chair Moore recoÍrmended rezoning the property and the other three (3) adjacent properties Ms. Gregory asked if one neighborhood could have mixed zoning. Mr. Kalisz said a neighborhood could have mixed zoning. If the property was rezoned there would be less of an encroachment. Ms. Gregory suggested that the variance request be deferred until the property can be rezoned and asked the Murphy's timeframe for moving into the house. Mr. Leath clarified that the homeowners cannot build anything because the home exceeds the floor ratio maximum lot coverage. He asked if the Murphy's should initiate rezoning the property. Mr. Kalisz said the City would initiate the rezoning and notify the neighboring property owners. Chair Moore motioned to defer Resolution 2017-08 until the next Municipal Board of Zoning Appeals meeting in 30 days. Mr. Vaughn seconded the motion and the motion passed 3 ayes, 0 nays. Mr. Kalisz said the City would publish a public notice for all three variance requests for next month's Municipal Board of Zoning Appeals meeting. He verified that the board wanted staff to proceed with rezoning. Chair Moore said the Board would like staff to proceed with rezoning. 2. Other Business There was no other business to discuss 3. Adiourn There being no further business to discuss, Chair Moore adjourned the meeting at 5:53 p.m. Gallatin Municipal Board of Zoning Appeals Meeting Minutes J Iuly,27 2017 Respectfully submitted: Marianne Mudrak, Board Secretary Approved: Jimmy Moore, Chair Homer Vaughn, Secretary  Agenda Gallatin Municipal Board of Zoning Appeals Thursday, July 2712017 Municipal Board of Zoning Appeals - 5:30 p.m. DR. J. DEOTHA MALONE COUNCIL CHAMBERS CITY HALL a Call to Order a Invocation a Pledge of Allegiance a Roll Call Approve Prior Minutes: June27,2017 Gallatin Municipal Board of Zoning Appeals REGULAR AGENDA 1. GMBZA RESOLUTION NO. 2OI7.O8 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 TI{E SOUTHEAST CORNER OF THE EXISTING HOUSE TO BE 9.6 FEET FROM THE EAST SIDE LOT LINE. SECTION 06.03.020.C. OF THE GALLATTN ZONTNG ORDTNANCE REQUTRES A TV/ENTY (20) FOOT V/IDE SrDE YARD SETBACK. THE 0.43 ACRE LOT rS ZONED R40- LOV/ DENSITY RESIDENTIAL AND IS LOCATED AT 940 LAKESHORE DRTVE, TAX MAP PARCEL I36DIAIOO8.OO, OF THE LEELAND HEIGHTS SUBDIVISION. ,, OTHER BUSINESS 3. MOVE TO ADJOURN ïi .,., !;f "' ffi¡isusÏfrffiil $ ffi  ORIGINAL MINUTES OF THE GALLATIN MLINICIPAL BOARD OF ZONING APPEALS MEETING August 31,2017 Members Present Staff Present Jimmy Moore, Chair William McCord, Director of Planning John Puryear, Vice Chair Robert Kalisz, Assistant Director of Planning Homer Vaughn, Secretary Sharon Burton, Planner I Marianne Mudrak, Board Secretary Absent Others Present Jeanne Gregory Applicants The Gallatin Municipal Board of Zoning Appeals met in a regular meeting on Thursday, August 3I,2017 at 5:30 p.m., in the Dr. J. Deotha Malone Council Chambers of Gallatin City Hall. Mr. Jimmy Moore, Chair, called the meeting to order. A copy of the meeting agenda is attached to these minutes as Exhibit A. Chair Moore led the opening prayer and Mr. Vaughn led the pledge of allegiance. Ms. Mudrak called roll Approve Prior Minutes There were no prior minutes to approve. GMBZA Þoo^ ,,+;^- NT )^17-ñe l\frrmhr¡ ÞioL .2, I inrlq - \/ anance (Þ._aÁ 5 1-1 7\ - fìreenlirl Tìpsio- LLC - Public Hearins - owner and aoolicant reouest a variance of 8.5 feet to permit an existins house 5 feet from the west toa southeast comer of the exi stins house to be 9.6 feet from the east side lot line. ection 06.03.020.C. of the Gallatin 7.oninç Ordinance reouires a20 footwide side vard setback- The annli cant also reouests aooroval of a variance of 0.06 (6o/n\ from 06.03.030.8 Floor Area Ratio. Mr. William McCord, Director of Planning, explained that ex-parte communication, related to this case, was provided to at least one Municipal Board of Zoning Appeals member. He said he spoke to the City Attorney who concurred that this is a highly irregular activity and is discouraged. Vice Chair Puryear asked Mr. McCord to distribute to all members the information sent to local officials, including the Municipal Board of Zoning Appeals member. The materials were provided to each Board member. Ms. Sharon Rurton, Planner I, saicl the variance requested does not comply with the standards required by the Gallatin Zoning Ordinance. The applicants were told of an existing setback encroachment prior to Gallatin Municipal Board of Zoning Appeals Meeting Minutes 2 August 31,2017 purchasing the property. The property is zoned R-40 Low Density Residential. The applicant applied for a setback variances. In addition, a Maximum Lot Coverage variance is requested. Ms. Burton said, at the previous Municipal Board of Zoning Appeals meeting, staff was asked to research changing the zoning from R-40 Low Density Residential to R-15 Medium Density Residential. Staff reviewed the possibility of rezoning four (4) lots; however, there is a concern that multi-family residential is allowed in the Rl5 zone and would not be appropriate for the existing R40 zoned homes in the neighborhood. Ms. Burton said the request does not meet any of the standards for approving a variance. Chair Moore asked if letters were submitted from neighbors. Ms. Burton said there are copies of emails, from neighbors, submitted on the applicant's letterhead saying they are not opposed to the variance. Chair Moore opened public hearing. No one came forward to speak; therefore, Chair Moore closed public hearing. Mr. Andy Leath, with Greenlid Designs, representing the applicant, said he understands Staff s concern, but the applicant is trying to meet R40 zoning restrictions on what should be an R15 zoned lot. It makes good sense to grant the variance in order to keep the zone district at R40. The setbacks are in compliance with Rl5. The Murphy's spoke to neighbors and a letter, voicing their agreement with the variance, could be provided if necessary. The emails sent to the Murphy's show the neighbors are not against the variance. Mr. Rick Murphy, applicant, said his request is based on the medical needs of Mrs. Murphy who has Rheumatoid Arthritis. He distributed a photo of the applicant's father-in-law who also suffers with Rheumatoid Arthritis and told how the planned addition to the home would accommodate possible, future wheelchair needs of Mrs. Murphy. He said if the lot was zoned R-15, it would meet requested the setbacks. He said some of the neighbors supported the request. Ms. Linda Murphy, applicant, said the extra wide hallways, doors and grab bars in the showers are for her future ability to navigate as her condition worsens and she faces the possibility of using a wheelchair. She said an additional six (6) inches of hallway width makes a big diffèrence when trying to move in a wheelchair. Vice Chair Puryear suggested thata variance could be granted if the addition was reduced to 20 feet in width so that it would not increase the existing building setback non-conformity. Mr. Leath said he understands if the addition is 20 feet wide the lot coverage variance is still required. The square footage is not as important as the dimensions of the addition. He agreed that it would be prudent to grant a variance for an addition that would not increase the non-conformity. He suggested the City review and consider other standards for granting variances, such as medical hardship from the Gallatin Zoning Ordinance. Vice Chair Puryear asked what is preventing the addition from coming off the back of the house. Mrs. Murphy responded that a pond is located at the back of the house. She said that if the variance is granted Gallatin Municipal Board of ZoningAppeals Meeting Minutes 3 August 31,2017 for an addition equal to the original building the bathroom could be configured to allow her access. She asked that the variance meet the original house plan. Mr. Leath reiterated that the house is not parallel to the property line. Mr. Puryear said he is agreeable to the addition staying with the same plane as the house. Mr. McCord suggested the Board consider discussing if the addition would accommodate the applicant at 10 feet 6 inches side yard setback variance. Vice Chair Puryear motioned to allow the24 foot building extension along the current plane of the east side building setback to approximately 12.3 feet. Mr. Vaughn seconded the motion and the motion passed by unanimous vote. Mr. Leath will provide accurate dimensions to staff for the Resolution. 2. Other Business Mr. McCord mentioned the upcoming Planning Commission/Board of Zoning Appeals training will be in November or December. Vice Chair Puryear suggested the Municipal Board of Zoning Appeals recommend to the Planning Commission and City Council that consideration of hardship cases be in the standards. Vice Chair Puryear added that a separate category should be considered for properties platted before the zoning was created. Chair Moore directed staff to review the changes to the standards. 3. Adjourn There being no further business to discuss, Chair Moore adjourned the meeting at 6:05 p.m. Respectfully submitted: Marianne Mudrak, Board Secretary Gallatin Municipal Board of Zoning Appeals Meeting Minutes 4 August 3I,2017 Approved: Jimmy Moore, Chair Homer Vaughn, Secretary  Ganarin nnooi"ipurTiÏlJ zoningAppeats "t Thursday, August 31, 2017 Municipal Board of Zoning Appeals - 5:30 p.m. DR. J. DEOTHA MALONE COUNCIL CHAMBERS CITY HALL a Call to Order a Invocation Pledge of Allegiance a Roll Call No Minutes to Approve I GMBZA RESOLUTION NO. 2OI7.O8 B-4651-17 MURPHY, RICK & LINDA - VARIANCE GREENLID DESIGNN LLC ) PUBLIC HEARING THE OWNER AND APPLICANT REQUEST A VARIANCE OF 8.5 FEET TO PERMIT AN EXISTING HOUSE TO BE 1 1.5 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 TV/ENTY (20) FOOT WIDE SIDE YARD SETBACK. THE APPLICANT ALSO REQUESTS APPROVAL OF A VARIANCE OF 0.06 (6%) FROM SECTION O6.O3.O3O.A.MAXIMUM LOT COVERAGE, AND APPROVAL OF A VARIANCE OF 0.06 (6%) FROM SECTION 06.030.030.8. FLOOR AREA RATIO (F.A.R.). THE 0.43 ACRE LOT IS ZONED R4O.LOW DENSITY RESIDENTIAL AND IS LOCATED AT 940 LAKESHORE DzuVE, TAX MAP PARCEL 136D/A/OO8.OO, OF THE LEELAND HEIGHTS SUBDIVISION. 2. OTHER BUSINESS 3. MOVE TO ADJOURN EMHIB$T &  lTEr$ t GMBZA Resolution No. 2017-09 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A 3-UNIT MULTI. FAMILY RESIDENTIAL USE 0.845 (+/-) ACRE, ZONED R-15 MEDIUM DENSITY RESIDENTIAL, LOCATED AT 237 HAWKINS AVENUE (S.B.E. TAX MAP #126N / J t03 1.00). (B-ss76-1 7) WHEREAS, THE CITY OF GALLATIN, TENNESSEE MUNICIPAL BOARD OF ZONING APPEALS considered the Conditional Use Permit request for a 3-unit Multi-family Residential Use, located at237 Hawkins Avenue, submitted by the applicant, Ronald Carmack, owner, at a regular meeting on September 28,2017; and WHER-EAS, THE 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 held a public hearing as required by Article 15, Section 15.06.020 G.Z.O.; and WHEREAS, THE CITY OF GALLATIN, TENNESSEE MUNICIPAL BOARD OF ZONING APPEALS is required in its deliberations, pursuant to Gallatin Zoning Ordinance Section 15.04.028.F, to indicate the specific section of the Zoning Ordinance of Gallatin, Tennessee under which the permit is being considered and state specific findings and any special conditions imposed in granting a Conditional Use Permit; and WHEREAS, the Section 06.05.020.C of the Zoning Ordinance of Gallatin, Tennessee classifies Multi-family use as a Conditional Use in R-15 Medium Density Residential zone district and; WHERß'AS, the use complies with the General Requirements for a Conditional Use Permit as described in Section 15.06.040 and the Special Conditions for a Multi-family Dwelling use as a Residential Activity as described in Section 15.06.080.4. NOW, THEREFORE, BE IT RESOLVED BY THE GALLATIN MUNICIPAL BOARD OF ZONING APPEALS in its deliberations finds that the applicant meets the Standards for a Conditional Use set forth in Gallatin Zoning Ordinance Section 15.06 as follows: Section I The Gallatin Municipal Board of Zoning Appeals in its deliberations finds that the proposed use and plan of the development meets the General Requirements set forth in Gallatin Zoning Ordinance $ 15.06.040 as follows: A. The use is so designed, located, and proposed to be operated so that the public health, safety and welfare will be protected. B. The use will not adversely affect other properties in the area in which it is located. C. The use is within the provisions of "Conditional fJses" as set forth in this Ordinance.  D. The use conforms sions of this Ordinance for the R- 15 Medium Density Residential district and is necessary for public convenience in that location. Section 2 The Gallatin Municipal Board of ZoningAppeals in its deliberations finds that the proposed use and plan of development meets the Special Conditions for Multi-family Dwelling Activities set forth in Gallatin Zoning Ordinance Section 15.06.080.4. as follows: 1 . The location of such facility has availability of necessary public utilities. 2. All of the bulk regulations of the R-15 zone district shall apply to the property and are depicted in the site plan. 3. The location of such facility will not materially or significantly increase traffic on surrounding streets. 4. The location of such facility does not create an adverse effect of the surrounding properties. 5. The location of such facility shall not contribute to the overcrowding of schools. BE IT FURTHER RESOLVED THAT THE CITY OF GALLATIN, TENNESSEE MUNICIPAL BOARD OF ZONING APPEALS approves a Conditional Use Permit request for a 3-unit Multi-family Residential Use at 237 Hawkins Avenue (Tax Map 126N, Group J, Parcel 031.00) with the following conditions: 1. The Conditional Use Permit shall be consistent with the plan submitted by Ronald Carmack, of 237 Hawkins Avenue, dated August 30,2017. 2. Provide one handicapped parking space. 3. Submit three (3) corrected and folded copies of the Conditional Use Permit plans showing the handicapped parking space to the Planning Department for review and approval. 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 AYE NAY: DATED: 0912812017 Jimmy Moore, Chair  I rÏril Homer Vaughn, Secretary APPROVED AS TO FORM: Susan High-McAuley City Attorney  ITEM 1 PLANNING DEPARTMENT STAFF REPORT Carmack Multi-family Conditional Use Permit Request 237 Hawkins Avenue; (Fite #B-3564-17) Date: September 28, 2017 PUBLIC HEARING REQUEST: THE OWNER AND APPLICANT REQUEST APPROVAL OF A CONDITIONAL USE PERMIT FOR A 3-UNIT MULTI-FAMILY DWELLING USE AT 237 HAWKINS AVENUE, PER SECTION O6.O5.O2O.C OF THE GALLATIN ZONING ORDINANCE, ON A 0.845 (+/-) ACRE LOT ZONED R-1s MEDTUM DENSTTY RESIDENTIAL (S.B.E. TAX MAp #r26NtJt031.00). OIilNER: RONALD AND ELIZABETH CARMACK APPLICANT: RONALD AND ELIZABETH CARMACK STAFF RECOMMENDATION: DENIAL OF GMBZA RESOLUTION 2017-09 STAFF CONTACT: SHARON BURTON NIB.ZA MEETING DATE: SEPTEMBERZg,2OI7 PROJECT OVERVIEW: The owner and applicant request approval of a Conditional Use Permit for a 3-unit Multi- family Dwelling use, per Section 06.05.020.C. of the Gallatin Zoning Ordinance, on a 0.845 (+/-) acre lotn zoned R15, Medium Density Residential, located at 237 Hawkins Avenue (S.B.E. Tax Map #126N/J/031.00) (Attachment 1-1 and Attachment 1-2). The existing structure was built in 1965 as a Single-family Detached Dwelling, on 2-ll2 lots of the Halewood Estates Subdivision (P.8. 1, Page 262). The property has been in use as a Multi-family Dwelling, since 2007. A Multi-family Dwelling use requires a Conditional Use Permit in the R15 zone district. The surrounding property owners were notifïed by mail about the Conditional Use Permit request and a Public Hearing shall be held on the item at the meeting. Staff recommends denial of the Conditional Use Permit request, with the conditions listed in the GMBZA Resolution No. 2017-09, since the project does not meet the General Requirements (Attachment 1-3), nor the Special Conditions for the Multi-family Dwelling use. (Attachment 1-4). Carmacþ Multi-famíly Conditional Use Permit Request File #B-5576-17 September 28, 2017 CASE BACKGROUND: Previous Approvøls The residence at 237 Hawkins Avenue, was constructed in 1965 as a Single-Family Detached Dwelling (1-story ranch style) with a basement and a garage as part of the basement. The parcel was part of the Halewood Estates subdivision. In May, 1979, the City of Gallatin instituted zoning. According to the Ordinance adopted at the time, Dwelling Two-Family Detached was a permitted use in the Rl5 zone district. Multi-family Dwelling was a Conditional Use. In 1998, the City adopted a revised Zoning Ordinance. This Ordinance did not list Two-Family Dwelling as a Permitted Use; therefore, the new code made the Two-Family Dwelling a nonconforming use. A section of the Ordinance was devoted to Provisions Goveming Non-Conforming Uses and Non- Complying Buildings or Other Structures (Article 14). Multi-family dwellings; are still listed as a Conditional Use. The current owner acquired the property in October, 2000. At the time, a second dwelling unit (840 square feet), existed in a portion of the building, and was being used by the owners as rental property. The nedcurrent owners continued this arrangement until 200612007, when they constructed an addition to the building, additional third dwelling unit. Thus, the structure became a multi-family dwelling, as defined by the Zoning Ordinance, rather than two-family. There is no record of an owner applying for a Conditional Use Permit. Acccording to the applicant, family members occupied the two apartments, a daughter and a mother-in-law. The mother-in-law lived in one of the apartments until her death in20l1. The daughter occupied the other unit until 2014. The applicant has rented the apartments, for extra income, since each became vacant. DISCUSSION: Anølysß Until recently, the owner was not aware that his property use was a non-conforming use. The owner and applicant is now requesting approval of a Conditional Use Permit for a 3-unit Multi-Family Dwelling to comply with the Zoning Ordinance so that he can continue its use. According to the Zoning Ordinance, there are several general criteria that must be met before being granted a Conditional Use Permit. The General Requirements are: Zoning Requirement: A. Is so designed, located, and proposed to be operated so that the public health, safety and welfare will be protected. Applicant Response: The current structure has been in existence since 1965. It has had two dwelling units in use since at least before 2000. There are no conditions associated with the property that would harm the public health, safety, or welfare. Zoning Requirement: B. Will not adversely affect other property in the area in which it is located. Applicant Response: There are no conditions associated with the property that could adversely affect other property in the area. Z Carmack, Multïfamily Conditíonal Use Permit Request File #8-5576-17 September 28, 2017 Staff remarks: The owner indicates that the residence has been functioning as a 3-unit multi- family development without a conditional use permit, for some time; however separate utility meters have not been used at the site, although there are two (2) mailboxes. As proposed, granting the conditional use permit for a multi-family use would not visually impact the overall design of the structure and would continue to match other structures in the neighborhood. However, allowing three (3) units on the lot would change the character of the neighborhood. The property is well-maintained, but permitting three units on the property simply because the lot contains a greater area than the minimum required by the Zoning Code does not fit with the development characteristics of the neighborhood. Even the non-conforming two-unit structure is unusual for the immediate area. Many of the other homes in the neighborhood are built on a combination of one or more lots which also may qualify for consideration of a Conditional Use Permit to establish more than one unit per lot. This could set a precedent and significantly disrupt the established development pattem of the neighborhood and should be discouraged. Zoning Requirement: C. Is within the provisions of "Conditional Uses" as set forth in this Ordinance Applicant Response: The property is zoned Rl5. The Rl5 Zoning, Section 06.05.020.C. lists Multi-Family as a Conditional Use. Staff Remarks: Residences in the Rl5 zone must comply with standards listed in Sec. 15.06.080. The building consists of a former single-family residence divided into three separate units, most as the result of additions made to the house. No CUP was obtained when the third unit was added, even though the City issued permits. It is unknown how the request for the third unit was presented but the proper procedure would have been to obtain a CUP for multi-family use before issuing a building permit for the third unit. A cursory review of other uses in the immediate neighborhood indicates that it appears all other homes in the immediate vicinity are single-family homes and do not contain even two units as was previously permitted under a previous code. Authorizing a third unit in an area surrounded by single-family homes would be highly irregular unless the lot or property were adjacent to other multi-family uses or possibly non-residential uses. The applicant owns 2 and3/clots. This would indicated that at least two units should be permitted if a single family home was placed on each lot. However, a third unit should not be permitted or considered unless at least three complete lots were provided. The lot is 38,000 square feet. Rl5 requires a lot of 15,000 sq. ft. This property complies with all applicable provisions of the Gallatin ZoningOrdinance. The Residential-Rl5 zone district requires a 15,000 square foot lot. This lot is 38,000 (+/-) square feet. The zone district also states that no dwelling unit shall be permitted on a zone lot with a total development area of I1,250 square feet per dwelling unit. With a 38,000 (+/-) sq. ft. lot, up to three (3) units could be permitted. Zoning Requirement 3 Carmack, Multi-family Conditional Use Permit Request File #B-5576-17 September 28, 2017 D. Conforms to all applicable provisions-of this Ordinance for the district in which it is to be located and is necessary for public convenience in that location. Applicant Response: The proposed use conforms to the Residential-15 provisions as follows: Resídentíal - RI5 Zoning Ordinance Requirements The Rl5 Zoning District requires that lots within the district have a minimum Lot Area of 15,000 square feet. The property at237 Hawkins is a corner lot and has approximately 38,600 square feet of lot area. The current/main residence has 1,536 (+/-) square feet. The lower level/basement has the same amount. An additional T15 (+/-) square feet was added in2006, for a total living area of 2,251 (+l-) square feet of living area on the lower level. The residence now has total living space of 3,787 (+l-) square feet. The residence meets all the requirements of the R15 district. The R15 requires a minimum development area of 11,250 square feet per dwelling unit. The calculation for a 38,600 square foot lot shows that this lot would be conforming with 3.43 dwelling units. The Maximum Floor Area Ratio (F.A.R.) for the R15 is 0.24. With the current square footage calculations, this lot has an F.A.R. of 0.10. The Maximum Lot Coverage permitted in the Rl5 zone district is35Yo. This calculates to 13,510 The current use has a lot coverage of 6%o. The Zoning Ordinance requires two (2) parking spaces per dwelling unit. The applicant is showing and has stated that there is a minimum of 6 parking spaces available on the property. The applicant needs to mark one of the spaces as handicapped. Speciøl Condítíonsfor Multi-family Dwelling ønd Mobile Home Park Actìvìtíes Special Conditions for Multi-family Dwelling and Mobile Home Park Activities - In addition to the standards contained in this Ordinance, for these type developments, the Board of Appeals shall specifically find that there will be no adverse impact upon adjoining properties or the neighborhood in which such use is proposed. In making this finding, the Board shall consider the effect upon traffic congestion, overcrowding of schools, availability of necessary public utilities, and suitability of the site for the use, and such other factors as the Board may deem necessary. The existing multi-family use has been in existence for approximately 9-10 years. Staff has no record of complaints lodged against the owner due to the use as a multi-family dwelling. The proposed use should not significantly impact the traffrc congestion since there will only be the three (3) dwelling units, or possibly a maximum of 6 cars (4 additional to the Single-Family Dwelling). This is essentially the same trip generation if individual houses were constructed on the lots. 4 Carmack, Multi-family Conditional Use Permit Request File #8-5576-17 September 28, 2017 The use should not adversely affect schools. At least one of the units is large enough to accommod ate a lar ge family. The site has all utilities available. However, the owner has only one connection for the entire site, of electric, gas, water, etc. (Attachment 1-7) This may be one reason that the building addition permit was granted in 2005/2006. Since no additional meter was applied, the Building Department may have expected that the addition was for an existing unit. The additional dwelling units are not visible from Hawkins Ave., but are visible from Spencer Ave. One mailbox is placed along 237 Hawkins Avenue and one on the Spencer Ave, driveway (2378). (Attachment l-5 -A and B) Signs No signs are shown for the Multi-family Dwelling. Other Depørtmental Comments No other departments provided any review comments on the Conditional Use Permit request. Findings The applicant's responses addressing the Special Conditions, pertaining to the proposed Conditional Use Permit for a Multi-Family Dwelling, are included in Attachment 1-6. RECOMMENDATION Staff recommends that the Board deny GMBZA Resolution No. 2017-09. ATTACHMENTS: Attachment 1-1 Location Map Attachment l-2 Aerial Location Map Attachment 1-3 General Requirements for Conditional Use Permit Attachment l-4 Specific Standards for Residential Activities Attachment 1-5-A Photo of property from Hawkins Avenue Attachment 1-5-B Photo of property from Spencer Avenue Attachment l-6 Applicant's response to Conditions Attachment l-7 Utility Location Map of Property 5 Æå$ïffiffiffiffiffiT t- I  J tøtn@ tølw rwEøw@ tølEW@ t ) rw@ e ti rwHrøffifu JI l, ì- ßi W a a t rNW ry Iø]MM HAWKINS ,+ IWÞW løpw rÆp@w l¡ -r ì Þ I q @ o u¿ qa. l\..ã¡,, 4 ,*j lÆpw rÆlw tøHt@ @@fu tetw¿,oøl@ 6t t ,,'l a-' ,l JOSLIN c t@w w ! /i' ,i i FilÊÍ u@ tæw@ @W ry, W ræMW: ræM@ I t ,M S@nre M* rww@ ræwJ TÆIÐ4, t-{ r lÀ l-;. 15.06 Conditional Use Permits 15.06.010 ConditionalUses The Board of Appeals may hear and decide, in accordance with the provisions of this Ordinance, requests for conditional use permits. For the purposes of administration of this Ordinance, conditional uses shall be construed as synonymous with special exceptions, as controlled by Sections 13-7-205 (b), Tennessee Code Annotated. 15.06.020 Application for Conditional Use Permit. Notice of Public Hearing The application for a conditional use permit shall be made by the property owner or his designated agent and filed in writing with the Board on forms provided by the Board, and shall contain information and exhibits as may be required under Section 15.03.020, or in the case of buildings or other structures or uses to be located within floodplain districts, as may be required by Section 10.03. Not more than 60 days after filing such application, a hearing shall be held on the application, unless otherwise withdrawn or postponed upon written request by the applicant. Notice of hearing shall be held in accordance with Section 15.06.101. A fee payable to the City of Gallatin shall be charged to defray cost of review and processing for each application for a conditional use permit, except that the fee may be waived for any government agency. 15.06.030 Requirements for Conditional Use Permit General requirements are hereby established which shall apply to all applications for conditional use permits, and specific standards listed shall apply to the issuance of a conditional use permit as appropriate. The Board may impose such other conditions and restrictions upon the premises benefited by a conditional use permit as may be necessary to comply with the provisions set out in Section 15.06.040 through 15.06.090 to reduce or minimize the injurious effect of such conditional use upon and ensure compatibility with surrounding property and to better carry out the general intent of this Ordinance. 15.06.040 GeneralRequirements A conditional use permit shall be granted provided the Board finds that it: A. Is so designed, located, and proposed to be operated so that the public health, safety and welfare will be protected; B. Will not adversely affect other property in the area in which it is located; C. Is within the provisions of "Conditional Uses" as set forth in this Ordinance; and D. Conforms to all applicable provisions-of this Ordinance for the district in which it is to be located and is necessary for public convenience in that location. 15.06.050 SpeciFrc Standards for Communitv Facilitv Activities Ì-3 ÂTTnffiffiryf t-3  15.06.070 Reserved. 15.06.080 Standards A conditional use permit shall not be granted for the residential activities specified below unless the standards established therein are met as a part of the conditions for issuing such permit in the applicable zone districts. A. Special Conditions for Multi-family Dwelling and Mobile Home Park Activities - In addition to the standards contained in this Ordinance, for these type developments, the Board of Appeals shall specifically find that there will be no adverse impact upon adjoining properties or the neighborhood in which such use is proposed. In making this finding, the Board shall consider the effect upon traffic congestion, overcrowding of schools, availability of necessary public utilities, and suitability of the site for the use, and such other factors as the Board may deem necessary. B. Special Conditions for a Mobile Home - A mobile home may be permitted on an individual lot where in the opinion of the Board such use would not be detrimental to other adjoining uses. In making this determination the Board shall consider the relative closeness of structures, the overall character of the neighborhood, and the type (e.g. single-wide, double- wide) and appearance of the mobile home. Any mobile home permitted shall be set upon concrete blocks or steel piers which are constructed upon a concrete footing, and each mobile home shall be anchored with approved anchors. Foundation plants and landscaping shall be required. Mobile homes shall be skirted and have permanent steps with handrails at each door. No mobile home shall be permitted on a lot with another mobile home or conventional house. C. Special Conditions for Dwelling, One Family Detached in the PNC District 1. The residential structure shall not front on an arterial or collector roadway. 2. The residential structure shall not create adverse effects on adjacent commercial uses. 3. The residential structure shall be connected to central water and sewer service. 4. The grounds of the residential structure shall be landscaped at least three deciduous trees and shrubs exterior along the front foundation of the house. D. Special Conditions for Bed and Breakfast Inns and Homestays ÅTTEü*Íþf;ffiT I + t5 -34 iæ içÀ* 't..d€f¡'*F" -. $ I Written Description about how the proposed CUP will meet the specific standards and special conditions for the proposed use contained in Section 15.06.30 Project Name: Ronald E Carmack, Sr. AUG 3 0 7017 CUP Contact Name: Ronald E Carmack, Sr. Tax Map: 126N-J-3L-00 000 General Requirements: The property is an existing2 story ranch style home built in 1965 as a residential property. When we purchased the property in.2000, there was an existing separate apartment in the basement with approximately 840 square feet being rented out and u¡ed by the former owners as such. At the time the apartment was built by the former owners, the property was zoned for a duplex per Sharon at the planning dept. ln 1998 the zoning was changed to R15 giving it a multi residential zoning. The home is |ocated on a corner lot on Hawkins Ave and Spencer Ave. The lot itself per Sharon at the Planning Dept said it has about 38,000 square feet. ln 2006 / 2OO7 we added on to the property completing the second apartment making it three different residences. For years, oEr daughter lived in' one apartment and my mother in law lived in tht other. ln 20l4our daughter moved away and in ZOLI my mother in law passed away. Since then we have rented out t a¡- b ø-551b-t1 both apartments for supplemental income. I had gotten all permits to build including building, plumbing, and electrical permits. We even received a certificate of occupancy from the city in 2O07. Since it was zoned R15 I assumed I was in compliance. lt wasn't until recently I was told I needed a CUP or conditional use permit. This is why I am applying now to get into compliance. The property is designed located and is operating to protect the public health, safety, and welfare with many years of success. ln no way does this property adversely affect other property. We live on a corner lot and have a wrap around driveway that gives us access from both Hawkins Ave and Spencer Ave making the flow of traffic move safely and easily. The yard is large enough to accommodate all tenants and owners. There will be no traffic congestion or overcrowding of schools as a result of this CUP. The property is sharing one Electric, Water, and Gas meter. The property is very suitable for this setup. Each tenant have their own yard and privacy. We feel we can and will conform to all applicable provisions of this ordinance for the district.  8t2t2017 WebPro c-c Ze^fal'^ftU ;{^ Bhi Érea Ey l¡bel : t3 BASE = lf3ü 0PF = lS4 BMU = l?ü [+Ê EhlF = f,fl ËFF B$F = S?fr - llVÀs T4 ËPF = lS8 BA$E sTlt uf\fr ñ¡¡tt EfF ËFF = lüü t4 11 h5 B$F = l$Ð Tûtal: 3B3l \.[n'Ê http://sumnertn.patriotproperties.com/PictureView.asp?lMG=sketch/39000/166001.jpg 1t1 Planning Notes: Property Owner's: Ronald and Elizabeth Carmack Property Address: 237 Hawkins Ave (Halewood Estates Su bd ivision ) Zoning: R15 Tax Map: t26N-J-31-00 000 Existing Residential Building: ¡- {'ta v -) o Property is a ranch style 2 story residential dwelling Upper Level: Has 1-536 SF Living Space Lower Level: Has 1536 SF Living Space with additional 71-5 SF Living Space with the addition that was built in 2006. (A total of 2251 SF of living space on the lower level.) No additional area is being added. Site Parking: Consist of 6 spaces. (2 spaces from the Hawkins Ave driveway entrance on the east side of said property. 3 spaces available from the Spencer Ave driveway entrance in the rear of property on the south side of said property. 1- space available in carport built on addition. The owner of this property is responsible for all financial matters. The existing use of said property is a two family dwelling or a duplex for residential. When we purchased the property in 2000 ¡t was sold to us as a residential property with an apartment already constructed and in use in half of the basement as a rental unit. Our daughter lived in this apartment. Prior to l-998, th is property was perm ¡tted or zoned for a duplex and was used as such prior to our ownership. In 2006 we built an addition to said property to allow my mother in law to live in the constructed apartment consisting of the other half of the original basement and the newly constructed addition. Since then, my daughter has married and moved away and my mother in law has passed away. The proposed use or intended use of said property is to have a multi family dwelling and to acquire a Conditional Use Permit so we may rent both units out. Since the property is zoned RL5, it is already zoned for a multi residential zoning. A review of the FEMA Flood Map 47I65C0427G shows no part of this property to be within the 100 year floodplain, effective date : a/r7 /2012. All construction and Use of the Proposed Facility to Meet the Applicable Performance Standards as set Forth in the City of Gallatin Zoning Ordinance, section 13.O2 Trash (waste material collection): 99 Gallon City toter. Location On site and set by the apartments. There will be two separate City toter's on site. There is one 4 ton HVAC unit located on the west side of said property. This unit heats and cools 237 upstairs a nd 237 A downstairs. For unil237 B there are two GE Zoneline wall units. (Hotel Type Units) One Zoneline unit is mounted in wall on south side of downstairs addition and one Zoneline wall unit is located in wall located on the west side of said property. Legend GaS - Gallati n Pubtic lJtilities Water 239 Hencock Street callatin, TN 37066 -+ Gfu 461-5922 Sewer Existing I D¡sclaiher: This product ¡s for ¡nfomatìonal purposes and mey not hãve been prepared suitãble.for tegat, engineering, or survey¡ng purposes. Users ofihrs infor."ttn foi or be J¡oiùìuu,"" o, @nsu¡t lhe primary data â¡d information sourcs to ascena¡n the usabil¡ty ofthe ¡nfomãt¡on. Utilities Map Date: Au ,2017 Scale: l'=50 I a J -7