Municipal Board of Zoning Appeals

NOTICE Pursuant to the Governor’s Executive Orders #16, #34, and #51 and the need to limit the community spread of COVID-19, members of the Municipal Board of Zoning Appeals will participate by electronic means and the meeting will be livestreamed to protect the public health, safety and welfare of the members and citizens of Gallatin The Gallatin Municipal Board of Zoning Appeals will be held at 5:30 on August, 27, 2020 by electronic means. All interested members of the public and applicants may participate by going to: https://us02web.zoom.us/j/86906093230 Or by calling (470) 381-2552; Conference ID 869 0609 3230 Public comment can be made before the meeting via: Email- josh.king@gallatintn.gov Phone- (615) 543-1603 Or by joining the meeting linked above All participants are encouraged to familiarize themselves with the user interface before the meeting.  Agenda Gallatin Municipal Board of Zoning Appeals Thursday, August 27, 2020 Municipal Board of Zoning Appeals - 5:30 p.m. DR. J. DEOTHA MALONE COUNCIL CHAMBERS GALLATIN CITY HALL • Call to Order • Invocation • Pledge of Allegiance • Roll Call • Election of Secretary – Resolution 2020-006 REGULAR AGENDA 1. GMBZA RESOLUTION NO. 2020-008 VAR-2020-0006 630 TULIP CIRCLE – VARIANCE TIM GRAVES THE OWNER AND APPLICANT REQUEST APPROVAL OF A VARIANCE FOR A SIDEYARD SETBACK, ON 1.3 +/- ACRES, ZONED R-10, LOCATED AT 630 TULIP CIRCLE. 2. OTHER BUSINESS 3. ANNOUNCEMENTS 4. MOVE TO ADJOURN  MINUTES OF THE GALLATIN MUNICIPAL BOARD OF ZONING APPEALS MEETING June 25, 2020 Pursuant to the Governor’s Executive Order #16, #34 and #51 the need to limit the community spread of Covid-19, members of the Municipal Board of Zoning Appeals participated by electronic means and the meeting was live streamed to protect the public health, safety and welfare of the members and citizens of Gallatin. Members Present Staff Present Jimmy Moore, Chair William McCord, Director of Planning - Remote Drew Schreiner, Vice Chair Josh King, Assistant Director of Planning- Remote John Puryear - Remote Dustin Shane, Planner II -Remote Leticia Alexander, Staff Attorney - Remote Marianne Mudrak, Board Secretary - Remote Absent Others Present Jeannie Gregory None The Gallatin Municipal Board of Zoning Appeals met in a regular meeting on Thursday, June 25, 2020, at 5:30 p.m., in the Dr. J. Deotha Malone Council Chambers of Gallatin City Hall and remotely. 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 invocation and Vice Chair Schreiner led the pledge of allegiance. Ms. Mudrak called the roll. Chair Moore read the following statement: Pursuant to the Governor’s Executive Order #16, #34 and #51, and the need to limit the community spread of Covid-19, members of the Municipal Board of Zoning Appeals participated by electronic means and the meeting was live streamed to protect the public health, safety and welfare of the members and citizens of Gallatin. Mr. Puryear motioned to hold this meeting by electronic means. Vice Chair Schreiner seconded the motion and the motion passed by roll call vote of 3 ayes; 0 nays. Minutes Chair Moore presented the May 21, 2020 minutes for approval. Mr. Puryear motioned to approve the minutes as presented. Vice Chair Schreiner seconded the motion and the motion passed by roll call vote of 3 ayes; 0 nays. Gallatin Municipal Board of Zoning Appeals Meeting Minutes 2 June 25, 2020 Agenda Item 1: GMBZA Resolution No. 2020-0007 – 630 Tulip Circle – Conditional Use Permit – (CUP-2020- 0004) – Tim Graves – The owner and applicant request approval of a Conditional Use Permit for a multi- family dwelling, on 1.3 +/- acres, zoned R10-Medium Density Residential District, located at 630 Tulip Circle. Mr. Dustin Shane, Planner II, presented the request for approval of a Conditional Use Permit to convert an existing 2,100 square foot split ranch home and a former daycare structure to a duplex. The applicant intends to build a breezeway between the two buildings to create a single structure. The zoning requires a minimum lot area of 15,000 square feet to allow a duplex and this lot is well over the minimum required lot size. The combined buildings meet the setback and bulk regulations requirements. A duplex use in the R10 District requires a Conditional Use Permit. Staff finds that all conditions for a Conditional Use Permit are met and recommends approval of Resolution 2020-007. Mr. Josh King, Assistant Director of Planning, said he has been in contact with the applicant and he is aware of the meeting and will be notified of the results. The applicant was not present at the meeting. Chair Moore opened the public hearing. No one came forward to speak; therefore, Chair Moore closed the public hearing. Vice Chair Schreiner motioned to approve Resolution 2020-0007. Mr. Puryear seconded the motion and the motion passed by a roll call vote of 3 ayes; 0 nays. Mr. King said the Codes Department is working with the applicant to bring the former daycare building into compliance with code. Item 2: Other Business There was no other business to discuss. Item 3: Announcements There was no announcements. Item 4: Adjourn There being no further business to discuss, Chair Moore adjourned the meeting at 5:45 p.m. Gallatin Municipal Board of Zoning Appeals Meeting Minutes 3 June 25, 2020 Respectively Submitted: ________________________________ Marianne Mudrak, Board Secretary Approved: ________________________________ Jimmy Moore, Chair ITEM 1 GMBZA Resolution No. 2020-008 RESOLUTION OF THE CITY OF GALLATIN, TENNESSEE MUNICIPAL BOARD OF ZONING APPEALS APPROVING A VARIANCE OF FOUR (4) FEET FROM THE MINIMUM SIDE YARD SETBACK OF TEN (10) FEET REQUIRED BY THE GALLATIN ZONING ORDINANCE, SECTION 06.06.040.B.2, TO ALLOW FOR A SIX (6)-FOOT SIDE YARD SETBACK ON A 1.3 +/- ACRE ZONED LOT TO BE SUBDIVIDED (TAX MAP 112P, GROUP A, PARCEL 026.00), ZONED R10–MEDIUM DENSITY RESIDENTIAL DISTRICT, LOCATED AT 620 TULIP CIRCLE (VAR-2020- 0006). WHEREAS, Article 6, Section 06.05.030.B, G.Z.O., requires a minimum side yard setback of ten (10) feet in the R10–Medium Density Residential District; and WHEREAS, THE CITY OF GALLATIN, TENNESSEE MUNICIPAL BOARD OF ZONING APPEALS considered the request for a four (4)-foot variance from the required ten (10)-foot minimum side yard setback to allow for a six (6)-foot side yard setback on a 1.3 +/- acre zoned lot to be subdivided (Tax Map 112P, Group A, Parcel 026.00) at its regular meeting on August 27, 2020; 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 to 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 THAT THE CITY OF GALLATIN, TENNESSEE MUNICIPAL BOARD OF ZONING APPEALS makes the following findings 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 of four (4) feet from the required ten (10)-foot minimum side yard setback per Section 06.06.040.B.2 of the Gallatin Zoning Ordinance to allow for a six (6)-foot side yard setback on a 1.3 +/- acre zoned lot to be subdivided (Tax Map 112P, Group A, Parcel 026.00), meets all ten (10) of the Standards for a Variance as set forth in the 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 ITEM 1 a mere inconvenience, if the strict application of this Ordinance is carried out, because the homes represent an eyesore and are inviting crime to the neighborhood; 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 Ordinance; D. Financial return was 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 the Ordinance; F. That granting the variance requested does not confer on the applicant any special privilege that is denied by the 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 and use; 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 will instead contribute to the revitalization of the area; 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; and 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 zoning plan and zoning ordinance. Section 2. Action – The Gallatin Municipal Board of Zoning Appeals hereby approves a variance of four (4) feet from the required ten (10)-foot minimum side yard setback per Section 06.06.040.B.2 of the Gallatin Zoning Ordinance to allow for a six (6)-foot side yard setback on a 1.3 +/- acre zoned lot to be subdivided (Tax Map 112P, Group A, Parcel 026.00), located at 620 Tulip Circle. Said variance shall permit a six (6)-foot side yard setback for each lot with the following conditions: 1. The side lot variance shall only apply for the common lot line established by subdividing the existing lot. The variance shall not apply to any sideyard lot line existing prior to subdivision of the existing lot. 2. The variance is subject to approval of an application subdividing the existing lot (Tracts 1 and 2, Green Acres No. 2 Subdivision, P.B. 1, Pg. 145), including obtaining a subdivision variance to reduce the width of required sideyard easements. 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. ITEM 1 PRESENT AND VOTING AYE: NAY: DATED: 8/27/2020 Approved: ____________________________ Jimmy Moore, Chairman ____________________________ Homer Vaughn, Secretary APPROVED AS TO FORM: __________________________________ SUSAN HIGH-MCAULEY CITY ATTORNEY  ITEM 1 PLANNING DEPARTMENT STAFF REPORT Variance Request for 620 Tulip Circle (Tracts 1 and 2, Green Acres No. 2 Subdivision—P.B. 1, Pg. 145) (VAR-2020-0006) Located at 620 Tulip Circle Date: August 27, 2020 PUBLIC HEARING REQUEST: THE OWNER AND APPLICANT REQUESTS A VARIANCE OF FOUR (4) FEET FROM THE MINIMUM SIDE YARD SETBACK OF TEN (10) FEET REQUIRED BY THE GALLATIN ZONING ORDINANCE, SECTION 06.06.040.B.2, TO ALLOW FOR A SIX (6)-FOOT SIDE YARD SETBACK ON A 1.3 +/- ACRE ZONED LOT TO BE SUBDIVIDED (TAX MAP 112P, GROUP A, PARCEL 026.00), ZONED R10– MEDIUM DENSITY RESIDENTIAL DISTRICT, LOCATED AT 620 TULIP CIRCLE (FILE NO. VAR-2020- 0006). OWNER: LEONARD CHALLENGER APPLICANT: TIM GRAVES STAFF RECOMMENDATION DENIAL OF GMBZA RESOLUTION NO. 2020-008 STAFF CONTACT: DUSTIN SHANE MBZA MEETING DATE: AUGUST 27, 2020 PROPERTY OVERVIEW: The owner and applicant request a variance of four (4) feet from the minimum side yard setback of ten (10) feet required by the Gallatin Zoning Ordinance, Section 06.06.040.B.2, to allow for a six (6)-foot side yard setback on a 1.3 +/- acre zoned lot to be subdivided (Tax Map 112P, Group A, Parcel 026.00), zoned R10–Medium Density Residential District, located at 620 Tulip Circle (Attachment 1-1 and 1-2) Staff finds that the applicant does not meet all ten (10) of the standards for a variance per Section 15.05.030, G.Z.O. The Planning Department recommends denial of GMBZA Resolution No. 2020-008. CASE BACKGROUND: Property History and Previous Approvals On October 27, 1954, Green Acres No. 2 Subdivision was recorded with the Sumner County Register of Deeds (P.B. 1, Pg. 145). The plat includes Tracts 1 and 2, totaling 1.3 +/- acres. The adjacent tracts are treated as a zoned lot and are under single ownership. In 1969, the property was zoned “Low Density Residential” (or Residential A). Under the 1972 Zoning Ordinance, multiple family dwellings were a permitted use in the Residential A district. 620 Tulip Circle Side Yard Variance (VAR-2020-0006) August 27, 2020 On May 1, 1979, the City Council adopted a new Zoning Ordinance and Map (Ordinance No. 079- 92). The Green Acres Subdivision area was rezoned to R10–Medium Density Residential. Under the 1979 Zoning Ordinance, two-family dwellings (duplexes) were a permitted use in the R10 district. On July 7, 1998, the City of Gallatin adopted a new Zoning Ordinance (Ordinance No. 09806-035) that changed Dwelling, Two Family from a permitted use to a conditional use in the R10 district. On June 25, 2020, the Gallatin Municipal Board of Zoning Appeals approved a Conditional Use Permit for 620 Tulip Circle to permit a Dwelling, Two Family – Duplex development on a 1.3 +/- acre zoned lot (CUP-2020-0004). Requested Variance The owner and applicant request a variance of four (4) feet from the minimum side yard setback of ten (10) feet required by the Gallatin Zoning Ordinance, Section 06.06.040.B.2, to allow for a six (6)-foot side yard setback on a 1.3 +/- acre zoned lot to be subdivided. Minimum Development Area per Dwelling Unit The Area and Yard Requirements required in the R10–Medium Density Residential zone district (Section 06.06.040) mandate a minimum side yard setback of ten (10) feet. The requested variance would allow for six (6)-foot side yards on each of the proposed lots. Currently two structures exist on the property, including a 2,100-square foot split-level ranch home, built circa 1962, and a two-story 940-square foot structure built at some later date that was previously used as a daycare for some time. This structure apparently was built without a permit. The structures were previously connected through a hallway or breezeway which has since been demolished. This changed the status of the structure from a single structure to two separate structures. The applicant plans to subdivide the zoned lot (the structures are less than 20 feet apart— approximately 13 feet apart) by requesting a variance to allow a side yard setback of six (6) feet for the proposed single-family residential lots. The zoned lot, at 1.3 +/- acres (58,802 square feet), exceeds the Minimum Required Lot Area requirement of 10,000 square feet. Since no survey has been provided, it is unclear whether the proposed lots will meet the Minimum Lot Width requirement of 60 feet at the building line. The site and buildings are currently in disrepair and present an eyesore to the neighborhood. If the variance is approved, the applicant plans to subdivide the property, renovate the homes, and sell them as individual single family lots or offer them for rent. The applicant maintains that the second structure, though built without a permit by previous owners and in violation of the R10 bulk standards, is an existing structure and that to require compliance with code will make rehabilitation financially unfeasible. Applicable sections from the Gallatin Zoning Ordinance that apply to this case are listed below. Applicable G.Z.O. Sections [R10 Zoning] 06.06.040 Area and Yard Requirements 2 620 Tulip Circle Side Yard Variance (VAR-2020-0006) August 27, 2020 A. General Provisions - General provisions applicable to all residential districts concerning visibility at intersections, permitted obstructions in required yards, obstructions 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. A. Minimum Required Lot Area - Within the R10 Districts, the minimum required lot area shall be 10,000 square feet. B. Basic Provisions - The basic yard regulations appearing below apply to all zone lots located within R10 Districts, except as provided in Section 12.12. Greater yard and building setbacks may be required when the R10 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. 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 sixty (60) 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 1-3). 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. If the Board finds that all ten conditions are met then the Board should address these in the motion for approval and include these as part of the Resolution. Staff does not believe the variance request meets all ten (10) standards for a variance bud does meet some of the standards 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. 3 620 Tulip Circle Side Yard Variance (VAR-2020-0006) August 27, 2020 x The lot can still be developed with a Dwelling, Two Family – Duplex because of the conditional use permit that was granted by the MBZA on June 25, 2020. In addition, the lot’s size may allow additional units to be built thereon if the non-permitted structure were removed or connected to the previously permitted structure via a hallway or other type of connection. No undue hardship exists by not granting the requested variance. Lots must meet the bulk regulations of the zoning district. The owner has a right to develop, and may subdivide the property but not in a way that requires a variance. B. The conditions upon which the petition for a variance is based would not be applicable, generally, to other property within the same district. x Were this variance granted, it would not allow a similar variance to be granted to other lots within the city or in the neighborhood or subdivision. C. The variance will not authorize activities in a zone district other than those permitted by this Ordinance. x Granting this variance will not permit uses or activities not permitted in the R10 district. Furthermore, without obtaining a variance, Staff is not likely to approve a resubdivision of the property unless one of the existing structures is removed. D. Financial returns only shall not be considered as a basis for granting a variance. x If granted, the variance would allow the two buildings to be placed on two or separate lots or established as single-family home lots. Although financial returns are involved, they may not be the sole basis for this request. The applicant believes the variance could promote homeownership and offer stability for the neighborhood. 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. x The owner and developer of the property did not build the non-permitted structure which is not in compliance with the zoning ordinance and building codes. However, the applicant was aware of this situation at the time of purchase. 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. x If granted, this variance would confer on the owner a special privilege that is currently denied by the Gallatin Zoning Ordinance to other properties within this zone district desiring to develop in a similar way may also request a similar variance from this Board. By granting the variance it may encourage others to develop out of character with the existing properties in the subdivision. G. The variance is the minimum variance that will make possible the reasonable use of the land, building, or structure. x If approved this request would be the minimum variance needed to allow two lots and retain the existing buildings. 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. x If granted, the variance will have a minimal effect on adjacent properties or nearby property owners. No changes will occur to the existing structures except for the rehabilitation by the 4 620 Tulip Circle Side Yard Variance (VAR-2020-0006) August 27, 2020 applicant. The structures and proposed lots would be required to meet all other bulk and area restrictions of the R10 district. 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. x 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, endanger the public safety, or substantially diminish or impair property values within the area. The two structures, separated by approximately 13 feet, will comply with the building regulations, provided that they are permitted and inspected by the Building Department. Tulip Circle is a local street with very little traffic in an area with a well-connected street system. 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 zoning ordinance. x The variance request, if approved, 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 will offer an opportunity to use the buildings on separate lots and correct and provide relief to the property owner(s). No physical change or disruption to the neighborhood will be occur if the variance is granted. 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. Staff recommends that the Resolution be denied, but if approved, Staff recommends conditions be placed upon the development to ensure an exceptional level of quality and appropriateness for the neighborhood. If the Board finds that the applicant should receive the requested variance, it should be tied to conditions of approval contained in the draft resolution. A variance request requires public notice. Staff notified adjacent property owners about this request by mail. Additionally, the request was advertised in the local newspaper, and a sign was posted on the property. The applicant recently obtained a Conditional Use Permit to allow for two units on the property, without having to obtain a variance, by connecting the two structures and having them permitted. A variance is not needed to provide for reasonable and conforming use of the properties. Engineering Department Comments The Engineering Division reviewed the variance request and had the following comment: x Please note that a minor plat will have to be submitted in the future to create the two lots and this plat will have to be approved by the Planning Commission to waive the 10' PUDE requirement along all interior lot lines as outlined in the Subdivision Regulations. A drainage easement will also be required to be dedicated along the drainage way running through the middle of this property. 5 620 Tulip Circle Side Yard Variance (VAR-2020-0006) August 27, 2020 Other Departmental Review Comments Other City Departments reviewed the variance request and had the following comment: x Indicate where existing utilities are located (GPU). RECOMMENDATION Staff recommends that the Gallatin Municipal Board of Zoning Appeals deny GMBZA Resolution No. 2020-008. ATTACHMENTS Attachment 1-1 Location Map Attachment 1-2 620 Tulip Circle Site Plan Attachment 1-3 Applicants response to the Standards for Variance Attachment 1-4 Plat of Green Acres No. 2 Subdivision, Tracts 1 and 2 6 ATTACHMENT 1-1 Side Yard Variance ATTACHMENT 1-2 ATTACHMENT 1-3 ATTACHMENT 1-3 ATTACHMENT 1-4