Municipal Board of Zoning Appeals

Gallatinvr,rni.ipurAnsiilÍ"tzoninsAppeats Thursday, May 23,2019 Municipal Board of Zoning Appeals - 5:30 p.m. DR. J. DEOTHA MALONE COUNCIL CHAMBERS CITY HALL Call to Order Invocation a Pledge of Allegiance a Roll Call o Minutes: April, 25 2019, Gallatin Municipal Board of Zoning Appeals Meeting RËGULAR AGENDA I GMBZA RESOLUTION NO. 2019.006 B-11065-19 154 JONES STREET - VARIANCE LANCE CARTER PUBLIC HEARING THE OWNER AND APPLICANT REQUEST A VARIANCE OF 10 FEET FROM THE REQUIRED 25-FOOT FRONT YARD SETBACK TO PERMIT A 15 FOOT BUILDING SETBACK IN THE R-10 MEDIUM DENSITY RESIDENTIAL DISTRICT PER SECTION 06.06.040.8 OF THE GALLATIN ZONING ORDINANCE, FOR CONSTRUCTION OF A SINGLE-FAMILY RESIDENCE ON FIVE (5) COMBINED LOTS TOTALTNG 0.33 +/- ACRES (TAX MAP 126FlJ/033.00), LOCATED SOUTH oF JONES STREET AND WEST OF SOUTH WESTLAND AVENUE (FILE# B-11065-19). 2. GMBZA RESOLUTION NO.2OI9 -OO5 B-10848-19 RACETRAC #1350 _ VARIANCE CESO. DEFERRED 3. OTHER BUSINESS 4. MOVE TO ADJOURN  ORIGINAL MINUTES OF THE GALLATIN MUNICIPAL BOARD OF ZONING APPEALS MEETING April25,2019 Members Present Staff Present Jimmy Moore, Chair William McCord, Director of Planning John Puryear, Vice Chair Jillian Ogden, Planner II Homer Vaughn, Secretary Marianne Mudrak, Board Secretary Jeannie Gregory Drew Schreiner Absent Others Present None Applicant The Gallatin Municipal Board of Zoning Appeals met in a regular meeting on Thursday, April 25 , 2019, 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 Vice Chair Puryear led the pledge of allegiance. Ms. Mudrak called the roll. Approve Prior Minutes Chair Moore presented the minutes from the February 28,2019 Municipal Board of Zoning Appeals meeting. Mr. Puryear motioned to approve the minutes and Mr. Vaughn seconded the motion. The motion passed by unanimous vote. Aeenda Item 1: GMBZA Resolution No. 2019-004 - tional Use Permit (8-11010-19) - Gallatin Hqusing Authoritv - The owner and aoolicant request of a Conditional Use Permit for the Gallatin HousingAuthority. for eight (8) additional dwelling two-famil)'duplexes. per section 06.06.020.C of the Gallatin Zonins. Ordinance. on an 8.64 +/- acre ftaxmao 1268. Grouo B. Parcel 01.00). zoned RlO-Medium Densitv located north of Red River Road and east of Trousdale Avenue. Ms. Jillian Ogden, Planner II, presented the request to enlarge the Housing Authority Site #5, located on Red River Road, by eight (8) duplex buildings for a total of 16 units. Each unit would be approximately 784 square feet. A new private road will be constructed and seven (7) of the new buildings will be on this road. The remaining building will be on Red River Road. The homes will be brick construction to match Gallatin Municipal Board of Zoning Appeals Meeting Minutes 2 April25,2019 the existing units. If the Conditional Use Permit is approved, the applicant will have to go before the Planning Commission for site plan approval. Staff recommends approval of Resolution 2019-004. Mr. Michael Bates, Executive Director of the Gallatin Housing Authority, said the units will be one (1) bedroom units There is a significant waiting list for the one (l) bedroom units, primarily by senior citizens over 60 years old. Vice Chair Moore commended the Housing Authority for the recent improvements to the facilities in town. He asked about landscaping and including more trees in the plan. Mr. Bates said H.U.D. will not allow trees and or extras on the property Chair Moore opened the public hearing. Ms. Susan Johnson, Executive Director of Habitat for Humanity, said three (3) acres adjacent to this property, will be developed with single family homes by Habitat for Humanity. She is in favor of these new Housing Authority units for senior citizens who may not be able to afford the mortgage on a Habitat home. Ms. Linda Greg, 654 Red River Road, said the proposed Housing Authority units are adjacent to her property and expressed concerns about her property value and additional traffic. Ms. Ogden said since the inhabitants will mostly be senior citizens, the traffic should not increase significantly. Mr. John Spence, property owner, said the current traffic is a problem and is concerned that traffic will increase. No one else came forward to speak; therefore, Chair Moore closed public hearing. Mr. Schreiner motioned to approve Resolution 2019-004. Mr. Vaughn seconded the motion and the motion passed by unanimous vote. Item 2: Other Business There was no other business to discuss. Item 4: Announcements There were no announcements. Item 5: Adjourn There being no further business to discuss, Chair Moore adjourned the meeting at 5:50 p.m. Gallatin Municipal Board of Zoning Appeals Meeting Minutes J April25,2019 Respectively Submitted: Marianne Mudrak, Board Secretary Approved: Jimmy Moore, Chair Homer Vaughn, Secretary  HffiIBITA Galarin Municip alf;ilå zawingAppears "r Thursdayo April 25, 2019 Municipal Board of Zoning Appeals - 5:30 p.m. DR. J. DEOTHA MALONE COUNCIL CHAMBERS CITY HALL Call to Order a Invocation a Pledge of Allegiance a Roll Call a Minutes: February 2812019, Gallatin Municipal Board of Zoning Appeals Meeting 1 GMBZA RESOLUTION NO. 2OI9.OO4 8-11010-t9 RED RIVER ROAD DUPLEX UNITS - CONDITIO}I..I,L USE PERMIT GALLATIN HOUSING AUTHORITY THE OWNER AND APPLICANT REQUEST APPROVAL OF A CONDITIONAL USE PERMIT FOR THE GALLATIN HOUSING AU:IfÌOR,IT'Y, FOR EIGFIT ADDITIONAL DWELLING TV/O-FAMILY, DUPLEXES PER SECI'ION O6.O6.O2O.C OF THE GALLATIN zoNING ORDINANCE, ON AN 8.64 +/- ACRE PARCEL (TAX MAP 1268, GROUP B, PARCEL 001.00), ZONED R-10 MEDIUM DENSTTY RESIDENTIAL DISTRICT, LOCATED NORTH OF RED RIVER RO,A.D AND EI\ST OF TROI-ISDALE AVENUE. PUBLIC HEARING 2. OTHER BUSINESS 3. MOVE TO ADJOURN  ;*i r,; ol''' r ¡J hi li I ,,,u, I I GMBZA Resolution No. 2019-006 RESOLUTION OF THE CITY OF GALLATIN, TENNESSEE MUNICIPAL BOARD OF ZONING APPEALS APPROVING A VARIANCE OF 10 FEET FROM THE REQUIRED 2s-FOOT FRONT YARD SETBACK TO PERMIT A 15 FOOT BUILDING SETBACK IN THE R-10 MEDIUM DENSITY RESDIENTIAL DISTRICT PER SECTION 06.06.040.8 oF THE GALLATIN ZONING ORDINANCE' FOR CONSTRUCTION OF A SINGLE-FAMILY RESIDENCE ON FIVE (5) COMBTNED LOTS TOTALTNG 0.33 +/- ACRES (TAX MAP l26F/J1033.00), LOCATED SOUTH OF JONES STREET AND WEST OF SOUTH WESTLAND AVENUE. (FILE# B-1r06s-19) \ilHEREAS, THE CITY OF GALLATIN, TENNESSEE MUNICIPAL BOARD OF ZONING APPEALS considered the request for a ten (10) foot variance from the required 25-foot front yard setback on five (5) combined lot totaling 0.33 +l- acres (Tax Map 126FlJ1033.00) to permit the construction of a single-family residence, at its regular meeting on May 23,2019; and WHEREAS, 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 WHEREAS, THE CITY OF GALLATIN, TENNESSEE MUNICIPAL BOARD OF ZONING APPEALS is required in its deliberations, pursuant Article 15, Section 15.05.030 of 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 hndings pursuant to T.C.A. Section 13-7-206; Section 13-7-207(3); and Section 15.05.030 of the Gallatin Zoning Ordinance: Section 1. The request for a variance often (10) feet from the required 25-foot front yard setback to permit the construction of a single-family residence per Section 06.06.040.8 of the Gallatin Zoning Ordinance meets all ten (10) 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 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 are 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;  $*ï'dî,i*,l I D. Financial returns is not considered the basis for granting the variance; E. The alleged difficulty or hardship was not created by any person having an interest in the property after the effective date of this Ordinance; F. That granting the variance requested does not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures, or buildings in the same district; G. The variance is the minimum variance necessary to make possible the reasonable placement of the structure; H. The granting of the variance is not detrimental to the public welfare or injurious to other property or improvements in the area in which the property is located; and I. The proposed variance does not impair an adequate supply of light and air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values within the area. J. The granting of the variance will not cause substantial detriment to the public good and will not substantially impact the intent and purpose of the City's zoningplan and zoning ordinance. Section 2. Action - The Gallatin Municipal Board of Zoning Appeals hereby approves a variance of ten (10) feet from the required 25-foot front yard setback per Section 06.06.040.8, to permit a l5 foot front building setback for the property located south of Jones Street and west of South Westland Avenue (Tax Map 126F1J1033.00). BE IT FURTHER RESOLVED BY THE CITY OF GALLATIN, TENNESSEE MUNICIPAL BOARD OF ZONING APPEALS that this resolution shall take effect from and after its final passage, the public welfare requiring such. IT IS SO ORDERED. PRESENT AND VOTING AYE: NAY: DATED: 0512312019 Jimmy Moore, Chairman  H'ï'ffiri*$ t Homer Vaughn, Secretary APPROVED AS TO FORM: SUSAN HIGH-MCAULEY CITY ATTORNEY  ITEM 1 PLANNING DEPARTMENT STAFF REPORT Jones Street Front Yard Variance Request (B-11065-19) Located South of Jones Street and West of South Westland Avenue Date: Muy 2312019 REQUEST: THE OWNER AND APPLICANT REQUEST A VARIANCE OF 10 FEET FROM THE REQUIRED 2s.FOOT FRONT YARD SETBACK TO PERMIT A 15 FOOT BUILDING SETBACK IN THE R.IO MEDIUM DENSITY RESIDENTIAL DISTRICT PER SECTION 06.06.040.B OF THE GALLATIN ZONING ORDINANCE, FOR CONSTRUCTION OF A SINGLE.FAMILY RESIDENCE ON FIVE (5) COMBINED LOTS TOTALING 0.33 +/- ACRES (TAX MAP 126ßtlt033.00), LOCATED SOUTH OF JONES STREET AND WEST OF SOUTH WESTLAND AVENUE (FrLE# B-11065-19). OWNER: LANCE CARTER APPLICANT: LANCE CARTER STAFF RECOMMENDATION: DENIAL OF GMBZA RESOLUTION NO. 2019-006 STAFF CONTACT: JILLIAN OGDEN M'BZAMEETING DATE: MAY 23,2019 PROPERTY OVERWEW: The owner and applicant request a variance of 10 feet from the required 2S-foot front yard setback to permit a 15 foot building setback in the R-10 Medium Density Residential District per Section 06.06.040.8 of the Gallatin Zoning Ordinance, for construction of a single-family residence on fÎve (5) combined lots totaling 0.33 +/- acres (Tax Map 126F1J1033.00), located south of Jones Street and west of South Westland Avenue. (Attachment I & 2) Resuested Vsriønce The owner and applicant request a variance of 10 feet from the required 25-foot front yard setback to permit the construction of a single-family residence (carport) 15 feet from the front property line. CASE BACKGROUND: Property History ønd Previous Approvøls The property is located within City Limits on the south side of Jones Street and is zoned R-10 Medium Density Residential. The site is comprised of five (5) combined lots (Lots 78-82), located in the Jones Addition Subdivision (P.8. l, Pg. 150) (Attachment 3). The applicant received a building permit to move an 864 (24' by 36') square foot house onto the vacant site (Attachment 4). The applicant misinterpreted the code by measuring the 25-foot front yard setback requirement from the edge of pavement of Jones Street rather than from the right-of- Jones Street Front Yard Variance (8-11065-19) May 23, 2019 way/property line. As a result, the house was placed on the lot approximately 15 feet to the front property line (right-of-way). Following a complaint from a concerned citizen, staff reviewed the placement of the house and discovered that it did not meet the required 25-foot front yard setback. Photographs of the structure indicate the placement on the lot (Attachment 5). The owner was notified and instructed to move the house or request avariance from the Board of ZoningAppeals. A 100' wide TVA easement/overhead electric line extends diagonally through the middle of the property, which prevents placing the house from complying with front yard setback. A survey from 1978 was provided by the Gallatin Electric Department showing the 100' wide easement (Attachment 6). Therefore, the applicant is requesting a variance of ten (10) feet from the 25-foot front yard setback. The sketches provided by the applicant indicate a severely limited area on the property to allow for placement of a dwelling unit. With required setbacks and presumed easement area, only a small triangle shape portion of the property is available to place or construct a dwelling unit. The applicant has requested to add a carport as well on the west side of the home should a variance be approved. Staff advised the applicant to get a survey completed by a licensed surveyor so that specific lot boundaries and easement lines could be determined. The applicant has chosen not to follow this recommendation. Without survey information, a specific building setback cannot be determined and the proposed setbacks are only a guess based off measurements from unknown points and lines. The owner/developer acknowledges that he "was told" that "25' off the road was the right-of-way" yet he proposes to place the house only 25 feet from the approximate edge of pavement. In addition upon reviewing the site, there appears to be a separate overhead utility line that extends generally parallel to Jones Street through the center of the property. It is unknown if this line is within an easement and if it could conflict with the placement of the home. If a survey was provided, the applicant would not be making presumptions about property boundarieso easement boundaries, or setback lines. Based on a sketch of presumptive lot and easement boundaries and required setback lines, approximately I ,345 square feet of lot area is available for placement of a dwelling unit. A variance request requires public notice. Staff notified adjacent property owners about this request by mail. Additionally, the item was advertised in the local newspaper, and a sign was posted on the property. Applicable sections from the Gallatin Zoning Ordinance that apply to this case are listed below APPLICABLE G.Z.O. SECTIONS 06.06.40 Area and Yard Requirements B. Basic Provisions - The basic yard regulations appearing below apply to all zone lots located within Rl0 Districts, except as provided in Section 12.12. Greater yard and building setbacks 2 Jones Street Front Yard Variance (B-l1065-19) May 23, 2019 may be required when the Rl0 zoned properties are located adjacent to a separate zoning district to comply with bufferyard requirements of Article 13, Section 13.03. 1. Front Yards - front yards shall be a minimum of twenty-five (25) feet. 2. Side Yards - side yards shall be a minimum of ten (10) feet, except as provided in Section 12.05. 3. Rear Yards- rear yards shall be a minimum of fifteen (15) feet. 15.05 Zoning, 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 ten (10) specific criteria that are listed below. The applicant responded to these standards in writing (Attachment 7). The Board shall determine if this variance request meets all ten (10) of the following standards for a variance as required by the Gallatin Zoning Ordinance as described below. In addition, staff believes the variance request does not meet all ten (10) standards for a variance as follows. 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 inconvenience, if the strict application of this Ordinance were carried out must be stated. o Jones Street is a local road that is approximately 20 feet wide without sidewalks within a 40- foot wide right-of-way. Due to the presumed location of a 100'wide TVA easement, this lot has a very restricted buildable area which includes only the northeastem portion of the lot (Attachment 8). Structures on other lots affected by the overhead line were able to be developed without variances. However, this property (five attached lots) has remained vacant since the subdivision was first established in 1953. Nearly 2l3rds of the lot is occupied by this easement. The required 25-front front yard setback limits the buildable arca of the lot. These issues are why the lots have remained undeveloped. B. The conditions upon which the petition for a variance is based would not be applicable, generally, to other property within the same district. . This variance request is subject to this property only. No other properties would be entitled to a variance if the Board agrees to grant this variance. C. The variance will not authorize activities in a zone district other than those permitted by this Ordinance. o This variance will not authorize any use or activity that is currently not permitted in the R-10 zoning district. 3 Jones Street Front Yard Variance (B-1 1065-19) May 23, 2019 D. Financial returns only shall not be considered as a basis for granting a variance. o If granted, the variance would allow the development of a lot with a small buildable area. Although there are financial returns involved, they are not the only basis for this request. E. The alleged difficulty or hardship has not been created by any person having an interest in the property after the effective date of this Ordinance. o The owner and developer of the property was aware of the utility easement at the time of purchase and required setbacks and moved the house without relying on a suryey to evaluate allowable area for placement of the house. 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 If granted, this variance would not confer on the owner any special privilege that is currently denied by the Gallatin Zoning Ordinance to any other property or building within this zone district. Other properties in the area include the same overhead electric line easement have been developed over time but have a larger buildable area available. G. The variance is the minimum variance that will make possible the reasonable use of the land, building, or structure. . According to the sketch plot plan provided by the applicant, staff cannot determine if the request is the minimum variance required to reasonably use the property within this zoning district. A survey may reveal that additional area is available to comply with code or reduce the magnitude of the variance. The small arca available remaining as buildable area makes it challenging to develop or redevelop the site within the established R-I0 setbacks. A survey would reveal specifically what portion of the property could be developed and what specific variance would be needed if any to place the structure on the property. 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. o If granted, the variance could have a negative effect on adjacent property or nearby property owners. The house was placed 25-30 feet closer to the road than most of the other homes on the south side of Jones Street. However, the house is located at the end of the block and does not dramatically disrupt the alignment of homes since the adjacent apartment complex is setback an extraordinary distance from the front property line to avoid encroachment into the easement. The board should consider the aesthetic impact of this discrepancy on the streetscape. 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. If granted, the 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, or substantially diminish or impair property values within the area. However, the house is substantially closer to the road that other homes in that area and could result in impacts to Jones Street when vehicles are parked in the driveway which would encroach into the right- oÊway. This could impact public safety of the occupants of the home as this house is located near an intersection and only approximately 15 feet from the right-of-way. However, other 4 Jones Street Front Yard Variance (B-1 1065-19) May 23, 2019 subdivisions and zoning districts allow smaller front yards than the R-10 Zoning District but usually other zoning restrictions are applied to reduce vehicular conflicts. J. The granting of a variance will not cause substantial detriment to the public good and will not substantially impact the intent and purpose of the City's zoning plan and zoningordinance. o The variance request will not cause substantial detriment to the public good nor will it substantially impact the intent of the City's zoning plan and ordinance. The variance allows the applicant to develop the property. Section 15.05.060 Conditions and Restrictions by the Board allows the Board to impose 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 surrounding 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. The TVA easement severely restricts the usable area of the property and likely makes the lot unbuildable without a variance to some degree. If the Board is inclined to grant a variance, then the applicant shall provide a survey of the lot indicating all easement lines, boundary lines and the location of all improvements and fixtures including the utility lines, poles, guy wires, etc. The variance shall be the minimum variance necessary to accommodate the structure (and possible carport). 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 all of their comments were addressed. A survey from 1978 was provided by the Gallatin Electric Department showing the 100' wide easement (Attachment 6). RECOMMENDATION Staff recommends that the Gallatin Municipal Board of Zoning Appeals not approve GMBZA Resolution No. 2019-006 because the variance does not comply with Section 15.05.030 E and G. Staff s primary concerns are the following: o The aesthetic ramifications of the setback discrepancy on the streetscape. o The applicant was aware of the electric lines/easements before purchasing the property. o There is no factual evidence to support the minimum variance needed for the request or if a variance is needed atall. ATTACHMENTS Attachment 1 Location Map Attachment 2 Site Plan provided by Applicant Attachment 3 Jones Addition Subdivision (P.B l, Pg. 150) Attachment 4 Building Permit Site Plan 5 Jones Street Front Yard Variance (B-l 1065-19) May 23, 2019 Attachment 5 Photographs of Vacant Site and with Structure placed on Site Attachment 6 Easement Survey provided by GDE Attachment 7 Applicant response to the Standards for Variance Attachment I Exhibits provided by Staff Attachment 9 Pictures of Street 6 Jones StreetVariance (B-1 1 06s-1 9)  ATTACHÏ\ÍENT I- 3nN3fW mn{v1f,^sml å{!_nos s I I d(ì ,,f ,L # I / I I ù- yS l¡i l¡J (r s I ð* (ñå l- û I v, ¡¡J I 2 o ? I s I I / / I f - - I ¿(t ,,Þ rla I s I g I I # I I  8s rÈ læooôð+ ATTACHîúENT 3 .l/ 65 -L lili ,i l 1 il\r\ï I )t 1{ t 'ii', æaltt fi6 I o *.----. t¡CW¡ Þh.qr%qqrâ **. -__9!s &.! E.r-ñ -----æG*EÊF l I I  4a{úû"\ -*,'n (L \ f ATTACHMENTq '7Þ' \0 ú o (J + þ u 1 \ af I!¡ {ti .t E o (}  Clty of Gallatin PHONE Building Department (615) 451-5968 Building Permit 132 West Main St. FAX Gallatin, TN 37066 ilifi {?hilil1 AC H rú E NT 4 Permit Number Date 201 31 344 01/04/2019 Permit Type REMOÞËL PERMIT PROPERTY NUMBBR STRËET ADDRESS 1 26F-J-03300-000 154 JONES STREET eoNE coDE JURISDICTION RESIDENTIAL 1O GALLAÏIN ÔWNËR INFORMÀTION APPLI6ANl INFORÍIIAIION NAMEI JAHNKE BONNIE K NAME: ADDRES$: JAHNKE BONNIË K ADDRESS: PO BOX 2198 PHONE: CASTALIAN SPRINGS, TN 37031 PHONE: NAME: .JAHNKE BONNIE K I-ICËNSE NUMBËR: ADDRESS: PO BOX 2198 LiCÊNSË EXF. DATE¡ INSURANCE EXP. DATE: PHONE; BUILDÍNG INFORMATION pROpOSËD USE: RESIDËNTIAL 3 TOTAL UNDERBEAM: 912 COñ9TRUCTION TÍPE: VB FORCþl/D6CKi NUMBER OF STORIES: ESTII'JIATE D COST OF CON$TRUCTION: $30,0üU. Uü RESIDENTIAL REMODEL ,I54 JONËS ST ord¡nãnce, adopted code, or regulation is determíned. This permit becomee null and void if work or construction authorizsd is not commênced urithln six (6) months, or if construction or work ls susp8nded or abandonod for a period of six (6) months at any tìme after work l$ stârted, License Number Date 01tt412419 Application Nurnber 10530 Signaturo of Officlal Total Fees $310.0CI ^pproving  BUILDING Date ''.fr,îTACHIUE NTI Project Address Suite (if applicable) Subdivision Lot # ) Jã^tos Mailing Address Phone Email (.<t/t Contractor Mailing Address Email Agent Mailing Address Email -I Class of Wor() DNew Construction* EAdditíon* E6Uel* EDetached Accessory nDeck n Fence Describe Wonk Foundation Type lnsulation Type .rïäf;^;"'f,4's" q.ro*s s |, t.:sl,^Lì rlr-.-- ^\.x* nMonolithicSlab trSlab ø6tt EBasement lEncapsulated* Zffiitionat Valuation (co'st of labor & niaterial) f of Stories Fence/Wall Mater¡al & Height Under Beam Sq Ft Sq Ft of Garage g),cfÐ 1t2 Type of Cônstruction Occupancy/Use T]IA trIB ÜIIA ¡IIB ¡IIIA NIIIB ¡IV ¡VA *{ Éìn?U T'"*,ln Project Type Applicable Trades included in Project v ffidential ECommercial fllndustr¡al EPlumbing EMechanical IFireplace(qty_) nElectrical t All Resldential buildlngs requlre Manual J and Manual D load calculations and blower door and/or duct teekage tests. This permit becomes null and void if work or construction authorized is not commenced within 6 months or if construction or work is suspended or abandoned for a period of 6 months at any time after work in commenced. ln the event the licensed contractor disclosed hereon is replaced on this project, the Gallatin Building Department shall be immediately notified. Failure to notify may result in revocation of this permit and ís a violation of state law. I hereby certify that I have read and examined this application and know the same to be true and correct. All provisions of laws and ordinances governing this type of work will be complied with whether specified herein or not. The granting of a permit does not presume to give authority to violate or cancel the provisions of any other state or local law regulating construction or the performance of construction. Contractor and/or homeowner/builder is responsible to adhere to all existing setbacks, easements, and/or buffer and all official correspondence in connection with this application should myself in the abovementioned Print or type name here Date re of Owner or Owne/s Authorized Agent  I¿t ¿Ul ¿ULö Sumner lDUnIy, I ¡\ /l-Cpeq/->earcn ;.-r_- iv:el r Uu_l> ¡ i ! * , aa_4 ì F:rcnerq, .a"dd::ess JOI.IES STREtrT ,,li \rrl ',u r PA:CSI J; I { '\kYt L26F i Ð33.0û tOt Ûv,.æer i{ame JéJT.JI(E BC}{I.JE K \rÍ*** t .t¿Í ,l z.)L I ¡-. lfi 4 ijse Ðescrþccn : æ. I Residenriai !t I -...: r i -4, I' þ. .Assessed !,/aI¿¡e æÈ É $28,sûû-ûc < ri éssessme:nt tetaiis îtl- () '!ri!N -Lct: < F:*- i :. I Fc: ¡ncre l=fcrmaËio:r Ë* I Ì 1 S¿¡nn er C cun ry- lìc ¡ne ûa < e I ¡ : S'¿ ¡¡aer C ou¡:i]'_l¡qp_eÉ:tr_ê5le$trleei_Delg - - - ::": :l: - -' ''" 9z:'zr-r¿¿ &r2*r¿"-z ,¡-a-t5 "78'ff' ê\ '¿ â' .t Z :" r .a ac ,J- ñ -^ /'ÅPY.-&e .?,"ì b. þ{y, /'- -¿" ./ -?(' .l 1t: : :' !r' l¿ { i.*t .ù' ¿,' f:lt:-i:: -: /'"!é'8: s'/l , ò4 þ'"4 *" lr; ' - ìän' //cl tm nên n ñêcn¡h,Êrêíì rnm./n¡nne¡tvçear¡:h/ 'a i¡1 S\TÉ N+\Lr V$c+Nrr :ll  I AÏTACHIUENT b .¡í \ \! tr \f I Í $ I \] I I I -,f ¿a I I 66r/r iu/ts""n'J'/a:¿r ) I ñ \' ì til ! I )., N t s \ \ I R \. .\ Ì I N] \ .'* I t  !:a'" | i-tt p /,r'^- .-/,4'!" /:r'i'¿' r t -_ a ¿¿;¿ ___!r-_ -r- ---- -..' '4-€-:"1-- - -..--3- -" I ta -- ,L/ (=* -l =ì O. -t- -a rI1 = ãqcezs 4"' ü"kc6{ ç¡fiunt' .*¡Lru'nl s TOLERAXC€S I * ã/6r"1¿:s'rrzq o"l*" ot: ,/? r'.4. ( t I cxx o '"^"ida¡J, ,a t. c. !t  ATTACHI\/IENT ? May L,20L9 I From Lance Carter, Property Owner MAY 1 t-t)ig \ i : l"::qq^r To: Gallatin Municipal Board of Zoning Appeals r'r,..r i 11-"' '''i ], :,,,".''''ti 'q.l;"*-'r "-' :'-1 I Re: íl ' j.,. ' , :r1 'l . d;.,:. i " Thank you for taking the time to review this document. I willtry to briefly explain the situation and address each ofthe standards for variance. on Sept. 12th, 2018 I purchased two houses on Jones St. from Mr. Toothman who was contracted to remove the homes by Gallatin Electric. The property located at 150 Jones street was placed for sale by Mr. Jahnke which was tocated across the street from one of the houses purchased. I researched the property very diligently and made several trips to all departments that would be involved. i.e. (Plannin g/zoning, Gallatin Electric, GPU, etc... I spoke with everyone they directed me to speak with over the course of 12 weeks to make sure this property would work. There were many restrictions and very limited space, but after meeting with each, staking off and spray-painting lines for the placement of the home for site inspection, *ãrking the property with wA engíneers, and meeting severaltimes with city building code officiats, RoN H\rckeìrv Mr. C.5g€{érerndi ijlfåiilãrt"o informed me that I finally got the approval to do so! I purchased the property and began the perm¡t process. I was told 25' off the road was the right away, 15' from each side property línes, and 100, ríght away by TVA which is 50' from the center of line to the foundation. g" I have left to work with after all this was met. I pulled the stakes, dug the footers, which was inspected by city, with no issues. The house was the moved across the street and located above the footers. I had the block laid and sat the house down on top of the foundation. I then called City lnpecotor to make sure they didn't need to look at anything before I moved on. He told me to proceed, so far so good...and I began to set up electric, waters, sewer, etc...to get everything tied in. Then a neighbor called and reported my house was too close to the street and the city put my work on hold until this board could have this meeting. I was told the problem was that I had to be 25, off the right away, not 25' off the road as I was instructed originally. At point, this l,m Ses,ooo deep into this project, the house is already sítting on a permanent foundation, and because of WA restrictions cannot be moved back any further. I was told I had to apply for this variance and have it approved before I can move any further with this projec!. I have done exactly what I was instructed to do, and if this was such an issue, it should have been pre'sented to me at ,iì the very beginning when I made at minimum of 12 trips to city hall and asked a hundred questions or after I staked off the sight and drew the lines, or even after I dug the footer and had it inspected again. lt clearly stated ¡n my permit application that was approved, 2s' off the road and I did so. RE$[$ ßMHTTAL Êlto çs-t1  ATTACHI\IENT ? Now to address the standard for varíance... A) No surroundings, shape or topographical conditions would suffer any hardships or inconveniences by the approval of this variance ! B) This is the only property applícable for this petition C)This is the only zone district. None others affected D) no financial returns E) The difficulty/hardship was not created by anyone with any interest F) This is the only property affected G) I'm 25'offthe road'..the variance wíllallow the house to stay where it is and the only place it willwork H) this wíll not in any way affect any other surrounding properties l) will not affect any of the r¡sted nor endange*ny .nyon. or anything J) ímprovement to the neighborhood and miking gooå property"'and will not affect the city in any way ,r. of an otherwise useless piece of other than I keep their part of the yard mowed. I am not adding a porch to this, only a set of steps off the front door down to a sidewalk across the front leading to the side. I would however like to add a carport to the end of the home giving a decent parking space with concrete drive; none of which will impede any further into the right away or cross any other restricted areas of this property. The reasoning for the two dífferent measurements is because of the placement of the light poles across the front. They are different distances from the roadl the house is same measurement from the road ! I was told there is no measurement of exact right away, it,s basically an imaginary line given by any city placed object such an a water meter, light pole, sewer tap, etc...so the onty clear existence of "said right away" is the light poles, whích aie again, different measurements off the road. Respectfully ce Untitled Map Legend Write a description for your map. ? 150 Jones St Untitled Map Legend Wríte a description for your map. i rso Jones St \  4129t207s Sumner County, TN property Search & Map "fools: ,._."1% Property Search property Details Maps Property Property Address JONES STREET Parcel ID 126F J 033.00 000 Owner Name JAHNKE BOT¡I\INTÞ Use Description Residential i- 7 AssessedValue $28,500.00 Itl Assessment n"t"¡E Click }rere -J- c) For more Services c-L^^t.i https://tnsumner. geopowered.com/ u7  r,Ñ I O ATTACHIVIENT fo r¡E -: 21r2-€tÏ í2a N (+a') r¿Ð' eÐ (eÐ * {------. -- - _-T ,tLî t.,"_.*"- r* -[ dsl*c',iî,n* * 5q< ÊhcÍ- l I \ I L I c t¡ L¡¡ O l.¡ J cJ *\ -t I ;l' è, I d,l t t. l*- ir N) \\, I â n¡ ..1 O l- *' o- tÅ f I, Ic 'Ì'- - 1 -t* \ir 5 ffi"" __J -{t.  * * lllt l¡P ATTACHI\/IENT ?