Municipal Board of Zoning Appeals

Agenda Gallatin Municipal Board of Zoning Appeals Thursday, June 27, 2019 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: May 23, 2019, Gallatin Municipal Board of Zoning Appeals Meeting REGULAR AGENDA 1. GMBZA RESOLUTION NO. 2019-006 B-11065-19 154 JONES STREET – VARIANCE LANCE CARTER THE OWNER AND APPLICANT REQUEST A VARIANCE OF 9.12 FEET FROM THE REQUIRED 25-FOOT FRONT YARD SETBACK TO PERMIT A 15.88’ FOOT BUILDING SETBACK IN THE R-10 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 126F/J/033.00), LOCATED SOUTH OF JONES STREET AND WEST OF SOUTH WESTLAND AVENUE. 2. OTHER BUSINESS 3. MOVE TO ADJOURN  MINUTES OF THE GALLATIN MUNICIPAL BOARD OF ZONING APPEALS MEETING May 23, 2019 Members Present Staff Present Jimmy Moore, Chair William McCord, Director of Planning John Puryear, Vice Chair Jillian Ogden, Planner II Homer Vaughn, Secretary Drew Schreiner Absent Others Present Jeannie Gregory Applicant The Gallatin Municipal Board of Zoning Appeals met in a regular meeting on Thursday, May 23, 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 Mr. Vaughn led the pledge of allegiance. Mr. McCord called roll. Approve Prior Minutes Chair Moore presented the minutes from the April 25, 2019, Municipal Board of Zoning Appeals meeting. Mr. Puryear motioned to approve the minutes, correction (Chair Puryear to Chair Moore). Mr. Vaughn seconded the motion and the motion passed 4 ayes; 0 nays. Agenda Item 1: GMBZA Resolution No. 2019-006 – 154 Jones Street – Variance – (B-11065-19) – 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.B of the Gallatin Zoning Ordinance, for construction of a single-family residence on five (5) combined lots totaling 0.33 +/- acres (Tax Map 126F/J/033.00), located south of Jones Street and west of South Westland Avenue. Ms. Jillian Ogden, Planner II, presented a letter from a neighboring property owner. The letter is attached to these minutes as Exhibit B. She said the applicant is not in attendance. Ms. Leitica Alexander, Staff Attorney, reminded the Board that once an application is made, the Municipal Board of Zoning Appeals has 60 days to make a decision on the application. Gallatin Municipal Board of Zoning Appeals Meeting Minutes 2 May 23, 2019 Ms. Ogden contacted the applicant and a brief recess was held while they waited for the applicant to join the meeting. (The applicant joined the meeting and the discussion continued.) Vice Chair Puryear asked Mr. McCord to discuss narrow lots. Mr. William McCord, Director of Planning, said revisions were adapted last year to the non-conforming provisions of the code to address narrow lots and said builders are required to meet code required setbacks. The lots are considered vested lots and someone could purchase multiple lots to make one buildable lot. In this case, the applicant owns five (5) adjacent lots. Ms. Jillian Ogden, Planner II, said the applicant is requesting a variance of 10 feet from the 25 foot front year setback requirement. The home is approximately 15 feet from the property line, located at the end of Jones Street. She described the utility lines and 100 foot wide TVA easement, which prohibits placing the home in another location on the property in compliance with code. The electric lines extend parallel to Jones Street and a TVA electrical easement extends diagonally through the property. The applicant received a building permit to move a house to the site but there was a miscommunication about the code requirements. The house was placed 15 feet from the front property line. The lot is unbuildable outside its current location. The applicant was aware of the electric lines and TVA easement before he purchased the property. Staff does not recommend approval of Resolution No. 2019-006. Staff has provided suggestions to bring the home into compliance. Mr. Lance Carter, applicant, said he purchased the home to resell. He understood that the required setback was measured 25 feet off the road. Siding, roofing and windows are ready to finish the home. A site plan was submitted and footer inspections were performed by the Codes Department. Chair Moore opened the public hearing. No one came forward to speak; therefore, Chair Moore closed the public hearing. Mr. Schreiner asked Ms. Ogden if a survey would solve the lot line/setback dispute. Ms. Ogden said a survey would help determine the lot lines and the setback line. Mr. Schreiner asked the applicant if he is willing to get a survey. Mr. Carter said, if necessary, he will order a survey. Chair Moore asked why this was not discovered with the footing inspection. Ms. Ogden said the Codes Department inspectors do not check setbacks. Mr. McCord said if the City is provided a survey, a more detail analysis could be performed. Gallatin Municipal Board of Zoning Appeals Meeting Minutes 3 May 23, 2019 Vice Chair Puryear suggested the applicant request a deferral and have the property surveyed. He said this is going to be expensive but not as expensive as moving the house again. He suggested the property owner speak to the Gallatin Electric Department to see if another pole could be set 40 feet to the south on Westland Street. Mr. Carter said the power line is scheduled to be removed next year, according to the Gallatin Electric Department. He said the TVA power line is the issue. Ms. Ogden said the easement would have to be vacated. Ms. Alexander recommended that the Board consider staff’s recommendation. She agreed that findings would have to be stated to give a variance and without a survey all the facts are not known. Mr. Carter requested to defer the item until he can obtain a survey of the property. Mr. Puryear motioned to approve the applicant’s request for deferral. Mr. Vaughn seconded the motion and the motion passed 4 ayes; 0 nays. Item 2: GMBZA Resolution No. 2019-005 – RaceTrac #1350 – Variance (B-10848-19) – CESO This item was deferred by the applicant. Item 3: 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. Respectively Submitted: _____________________ Marianne Mudrak, Board Secretary Approved: ________________________________ ____________________________________ Jimmy Moore, Chair Homer Vaughn, Secretary