Municipal Board of Zoning Appeals

NOTICE Pursuant to the Governor’s Executive Orders #16, #34, #51, and #60 regarding public meetings and social distancing and the need to limit the community spread of Covid-19, members of the Planning Commission may participate by electronic means and the meeting will be live streamed to protect the public health, safety and welfare of the members and citizens of Gallatin. The Gallatin Regional Board of Zoning Appeals will be held at 5:30 on Monday, September 28, 2020 remotely. All interested members of the public, commissioners, and applicants are invited to participate by going to: https://us02web.zoom.us/j/84002425006 • Or by calling (470) 381-2552; Webinar ID: 840-0242-5006 Public Comment will be accepted before the meeting via email: josh.king@gallatintn.gov or by calling: (615) 451-5796 And during the meeting by participating in the web conference by telephone or computer All participants are encouraged to familiarize themselves with the user interface before the meeting.  Agenda Gallatin Municipal Board of Zoning Appeals Thursday, September 24, 2020 Municipal Board of Zoning Appeals - 5:30 p.m. DR. J. DEOTHA MALONE COUNCIL CHAMBERS ELECTRONIC MEETING • Call to Order • Invocation • Pledge of Allegiance • Roll Call • Minutes: June 25, 2020 • Election of Secretary – Resolution 2020-006 REGULAR AGENDA Pursuant to the Governor’s Executive Orders #16, #34, #51 and #60 regarding public meetings and social distancing and the need to limit the community spread of Covid-19, members of the Municipal Board of Zoning Appeals may participate by electronic means and the meeting will be live streamed to protect the public health, safety and welfare of the members and citizens of Gallatin. 1. GMBZA RESOLUTION NO. 2020-008 VAR-2020-0006 618-620 TULIP CIRCLE – VARIANCE TIM GRAVES 2. GMBZA RESOLUTION NO. 2020-009 VAR-2020-0008 1204 LONGLEAF DRIVE - VARIANCE RICHARD JONES 3. OTHER BUSINESS 4. ANNOUNCEMENTS 5. 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 September 24, 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: 9/24/2020 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: September 24, 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: SEPTEMBER 24, 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) September 24, 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) September 24, 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) September 24, 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) September 24, 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) September 24, 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  ITEM 2 GMBZA Resolution No. 2020-009 RESOLUTION OF THE CITY OF GALLATIN, TENNESSEE MUNICIPAL BOARD OF ZONING APPEALS APPROVING A VARIANCE OF 25 FEET TO ALLOW FOR A FIFTY (50)-FOOT MINIMUM BUILDING SETBACK ON A 0.92 +/- ACRE LOT (TAX MAP 112J, GROUP D, PARCEL 006.00), TOTALING 0.92 +/- ACRES, ZONED IR- INDUSTRIAL RESTRICTIVE, LOCATED AT 1204 LONGLEAF DRIVE. THE GALLATIN ZONING ORDINANCE ARTICLE 9, SECTION 09.02.050.B REQUIRES A MINIMUM SEVENTY-FIVE FEET BUILDING SETBACK, ADJACENT TO R15 MEDIUM DENSITY RESIDENTIAL DISTRICT (FILE# VAR-2020-0008) WHEREAS, THE CITY OF GALLATIN, TENNESSEE MUNICIPAL BOARD OF ZONING APPEALS considered the request for a 25 foot variance from the required 75 foot setback from a residential zoning district boundary, to permit the construction of a warehouse building, at its regular meeting on September 24, 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 Gallatin Zoning Ordinance Section 15.04.028.E, to indicate the specific section of the Zoning Ordinance of Gallatin, Tennessee under which the variance is being considered and state specific findings and specifically identify the hardships warranting such action by the Board; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF GALLATIN, TENNESSEE MUNICIPAL BOARD OF ZONING APPEALS makes the following findings pursuant to T.C.A. Section 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 25 feet from the 75 foot Special Building Setback required by Gallatin Zoning Ordinance, Section 09.02.050.B, as shown Attachment #2 of the staff report, consisting of a one (1) sheet plan, prepared by RJ Consulting Engineering of Gallatin, TN, submitted August 18, 2020, as set forth in Gallatin Zoning Ordinance, Section 15.05.030, and as described in the body of the Staff Report, meets all ten (10) of the Standards for Variances with conditions of approval A. The particular physical surroundings, shape, topographic conditions of the specific property involved would result in a particular hardship upon the owner as distinguished from a mere inconvenience, if the strict application of this Ordinance were carried out must be stated;  B. The conditions upon which the petition for a variance is based would not be applicable, generally, to other property within the same district; C. The variance will not authorize activities in a zone district other than those permitted by this Ordinance; D. Financial returns only shall not be considered as a basis for granting a variance; 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; F. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures, or buildings in the same districts; G. The variance is the minimum variance that will make possible the reasonable use of the land, building, or structure; H. The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the area in which the property is located; and I. The proposed variance will not impair an adequate supply of light and air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values within the area. 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. Section 2. Action – The Gallatin Municipal Board of Zoning Appeals hereby approves a variance of 25 feet from the required 75 foot Special Building Setbacks from a residential zoning district boundary required by Gallatin Zoning Ordinance, Section 09.02.050.B, to permit a 50 foot Building Setback Line adjacent to a residentially zoned lot on Lot 6, Woodlands Business Park (Plat Book 18, Page 128), with the following conditions: 1. The applicant and owner shall amend the plat to adjust the building setback line consistent with this variance request. 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: 09/24/2020 ____________________________ Jimmy Moore, Chair ____________________________ , Secretary APPROVED AS TO FORM: __________________________________ SUSAN HIGH-MCAULEY CITY ATTORNEY  ITEM 2 PLANNING DEPARTMENT STAFF REPORT 1204 Longleaf Drive Industrial Setback - Variance Request (VAR-2020-0008) Date: September 24, 2020 PUBLIC HEARING REQUEST: THE OWNER AND APPLICANT REQUESTS A VARIANCE OF 25 FEET TO ALLOW FOR A 50-FOOT BUILDING SETBACK, ON LOT 6, (PLAT BOOK 18, PAGE 128), ZONED IR-INDUSTRIAL RESTRICTIVE, LOCATED AT 1204 LONGLEAF DRIVE. THE GALLATIN ZONING ORDINANCE, SECTION 09.02.050.B REQUIRES A 75-FOOT MINIMUM BUILDING SETBACK FROM A RESIDENTIAL ZONING DISTRICT BOUNDARY. WOODLANDS BUSINESS PARK (TAX MAP 112J, GROUP D, PARCEL 006.00) (FILE #VAR-2020-0008) OWNER: SPM OF TENNESSEE, LLC – Don Sword APPLICANT: RJ CONSULTING ENGINEERING, LLC STAFF RECOMMENDATION: GMBZA RESOLUTION NO. 2020-009 STAFF CONTACT: SHARON BURTON MBZA MEETING DATE: SEPTEMBER 24, 2020 PROPERTY OVERVIEW: The owner and applicant request a variance of 25 feet to allow for a fifty foot building setback on Lot 6 of the Woodlands Business Park Subdivision, (Tax Map #112J, Group D, Parcel 006.00), zoned IR – Industrial Restrictive. (Attachment 1) Requested Variance The owner and applicant request a variance of 25 feet from the required 75-foot special building setback line along the western lot boundary to permit the construction of a warehouse building. The applicant requested only a variance 13’ from a 50’ building setback, but upon review of this request, staff determined that the request was not written to address the actually needed variance. The request was based off of a plat-designated minimum building setback line. The Board of Zoning Appeals does not consider plat variances or amendments. CASE BACKGROUND: Property History and Previous Approvals The Woodlands Business Park property was originally platted in 1997. The lots with setbacks, and yards, were platted consistent with the Zoning Ordinance in effect at that time. (The rear yard line was platted at 20 feet, except where an industrially-zoned property abuts a residentially-zoned property.) At that time, a structure was required to be setback 50 feet from a residential lot boundary. The property at 1204 Longview abuts a residentially zoned developed lot. The 50-foot setback was applied and platted with the Woodlands Business Park plat for the entire lot. 1204 Longleaf Drive - Variance (VAR-2020-0008) September 24, 2020 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 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. In addition, staff believes the variance request meets the 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.  The property located at 1204 Longleaf Drive extends to a far-reaching corner of an adjacent residentially zoned lot. A stream and the required 30-foot stream buffer are located along the northern boundary of the property. This requires placement of a building at an angle to avoid the drainage and specific conditions to address on this property.  The property also abuts residential property along a portion of the rear property line. The Zoning Ordinance in effect at the time of this plat required that a building be located at least 50 feet from the residential property boundary. The Zoning Ordinance was amended after platting to require a minimum building setback of 75 feet. (Attachment 4). The code required 50’ wide bufferyard will be provided adjacent to the residential lot boundary. B. The conditions upon which the petition for a variance is based would not be applicable, generally, to other property within the same district.  Because of the shape of the adjacent residential lot and its extension to the corner of the subject lot is presenting a disproportionate restriction on the building area of the lot. The house on the adjacent residential lot would be approximately 200+/- feet from the west lot line of the subject lot.  This variance request is subject to this property only. No other properties would be entitled to a variance if the Board agreed to grant this variance. C. The variance will not authorize activities in a zone district other than those permitted by this Ordinance.  This variance will not authorize any use or activity that is currently not permitted in the IR zoning district. D. Financial returns only shall not be considered as a basis for granting a variance.  If granted, the variance would allow the reasonable development of the lot comparable with the other lots in the neighborhood. Although there are financial returns involved, they are not the basis for this request. 2 1204 Longleaf Drive - Variance (VAR-2020-0008) September 24, 2020 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.  The owner and developer of the property did not create the hardship and purchased two contiguous lots, with the intent of building using the platted setbacks and without having to comply with newer stream buffer protection requirements. The proposed building does meet zoning or platted setback requirements. 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.  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 and would allow for a development on the lot that would be setback further away from adjacent residential buildings than most other lots in the area adjacent to the industrial district, as shown in the attachments. Other property owners within the city have the right to request the same or similar variances. G. The variance is the minimum variance that will make possible the reasonable use of the land, building, or structure.  According to site plan, the applicant’s request is the minimum variance required to place an 80’ x 60’ building and reasonably use the property. The odd shape and encumbrances of the parcel makes it challenging to develop the IR zoned lot. 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.  If granted, the variance will have a minimal effect on the adjacent property because the building will be 250 +/- feet from a residential structure and contain a substantial code compliant bufferyard. 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, endanger the public safety, or substantially diminish or impair property values within the area because a proposed building will be approximately 250 feet away from any adjacent residential structures. There is a dense natural wooded area along the boundary of the adjacent residential. The residence and the proposed industrial building will remain. 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.  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, because building setbacks and buffers between the structures on the adjacent lots will far exceed the code standards and setbacks of proposed or similar structures that could be constructed within code on other lots in the area. 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 3 1204 Longleaf Drive - Variance (VAR-2020-0008) September 24, 2020 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. ENGINEERING DEPARTMENT COMMENTS The Engineering Division reviewed the variance request and all of their comments were addressed. OTHER DEPARTMENTAL REVIEW COMMENTS Other City Departments reviewed the variance request, and all of their comments were addressed. RECOMMENDATION Staff recommends that the Gallatin Municipal Board of Zoning Appeals approve GMBZA Resolution No. 2020-009. ATTACHMENTS Attachment 1 Location Map (2) Attachment 2 Longleaf Drive Site Plan Attachment 3 Applicants response to the Standards for Variance (3 pages) Attachment 4(A)(B)Zoning Ordinance Sections, 1997 and 1998 Attachment 5 Aerial Photo with Setbacks Attachment 6 Final Plat 4  Attachment 2-1 R-15 MRO A R-20(PRD) OR C) (9 o. rt I I .l l  \-;; ,,] Attachment 2-1 I-J .ol o ll O a rO i'J a I 'e-) lp, {r, Iri a 1r?,r Misc ,rj 'ti' i;_- l Jt i5 ¿.i a ü rö1 l- r ll ll o p ,á. a þr a 'rä ti ;bli 6r\ L.l \-\ ¿.c ÞJ bi \"fi J í: t. /o 1,(J /¡l o IJ 5_i (  ì1 ..t/ af ix." Attachment 2 - 2 xeÞ' tón :",/ I ,,F \ s€€,|/Eur,4t a¿ocK s,Á¿l # i ,.1 t\ \ \ I S€OME'Y.A¿ A¿OCÌr t/,4¿l f6 \ \ \ì '4r'/D Ê/O-'?¿7Fr'/r/O/v I IE \ ú \ \\ \ \ b-'' GO â q sø \ G'r OFà s1r'l4hø¿F R¿PA/E P€F T I r-t D¿TÅL C'I.O I '{ \ æ / f r*Z ¡l< -.. oot'ilsPaar P/ø/fê OyP) Îs q, :@/ B15KE7 ;\ ål' e¿/¿.Ø/1/C t{J \ _Ll 4AAA €F i !- \ I i Ë\ I l \i t \ i : PR€TFEqnUt¡,r \. AF/-/æ t I 12?t4'olrt ø \l irl ì¡ I . ". ælhtsøt/î oØE (lr?) \ .Il :i- sl JI¡ -_l €r iW) 5'Ys'lA¡!A/tv€ '.. \ -si {l , a¿//¿.a//t6 14 -tt/ Øa OP) .- èr Y / eaoo s' "ìl S' I ñr t¡ \ _ t?714- a//o ;. t784 CK Al E7/tJ4 ÌF /VO lF /a' hsqs¿ .,\1"-o -/ \)/ -l P ge. rß ¡t) / .r RONALD L.,TONES \ Tt1-\ !,L"lP !.1-2J: GRP. D. PAR. 007.00 R.B. q07. PG. s60. R.0.5.C.. W. \ P.B. t tt. PG. 128. R.O.S.C-" T!.!. d \ ZONING IR --^4"- \ \I i \ \ Cai)í RGCN i RE D';6ßkcre fi S ) \ SETBAx< \N (Ant AN cç Læ) \ 'Tl+ TRÁVIS W'R.IGHT BNI\I'G LT-C. '- TAX X4AP II2J. GRP- D. P,{R.8.0A - PRo?OS€D ØrSvptNï wt'n*rÑ ØE (AlUlRs0 'ërb*c<  - {Ù "' ..'.t -,to Attachment 2 - 3 R| CoNSULTTNG ENcnvrEruNG, LLC 1012 Shimmering Way Gallatiru TN 37066 Telephone: (615) 394-5285 August 17,2020 Gallatin Planning Department 132 West Main Street Gallatin, TN 37066 Re: SRM of Tennessee, BZA Variance Request-Woodland Business Park sPLAN-2020-0069 1204 (Lot 6) Longleaf Drive Gallatirç TN Ms. Burtory Following is our request for aBZ[hearing for a rear MBSL variance of 13.0'. The existing MBSL is 50'. Our request is for 37' or a 1,3' variance. The existing project file for Woodland Business Park begantn1997. At that time, it is our understanding that IR required a20' rear setback with a 40' landscape buffer against residential (IG required a similar buffer of 50'). It appears on this plat the 50'buffer was used on the Business Park lots that abutted residential and set as a 50' MBSL. Lot 6 has a section abutting residential (37.57') with the 50' buffer. However, the buffer was continued where lot 6 abutted IR zoning where it was not required by ordinance. In this locatiorç a 20' MBSL was adequate per ordinance. Therefore, and with the reasons as described following, we believe the owner/developer has reason to request this variance. As noted on the attached sketctu this request does not address any change in the 50' MBSL abutting residential. Standards for the Variance A. The shape (angular) and size of the lot (0.92 Ac) limits the available development area. a Complete 30' stream buffer requirements limit the available development area. 1  Attachment 2 - 3 a Necessity of fill (1"5' elevation difference in U0') limits the possible development of the lot (front truck entrance is somewhat necessary). The previous listed items create a hardship in developing the lot. The parking and truck entrance allows for box truck type access with the front entrance which is needed in IR zoning. With the angular shape of the lot the 50' MBSL intersects near the middle of the 80' long (4800 SF) building rear. The small building size would have to be further reduced making a hardship on the owner. The building cannot be rotated to avoid this due to needing to keep a 20' building separation. Additionally, the detention/water quality area functions well at a central location for both buildings. B. The condition upon which the variance applies is only IR abutting IR where a 20' MBSL was acceptable at the time of the platting of the industrial lots. Therefore, it would not be generally applicable to other property within the IR zoning. C. The variance does not apply to any other zone district but IR. D. Financial returns only are not considered the only reasoning for granting the variance (lot shape and slope, allowable development area,IR to IR MBSL allowances). E. The hardship has not been created by any person having an interest in the property after the effective date of the ordinance. The lot was platted by a previous owner and the land shape, etc. has remained unchanged. F Since the MBSL of IR abutting IR was not required to be 50'but 20' per ordinance, no special privilege is conferred on the applicant that would be denied to others by the ordinance. The variance provides a37'MBSL (greater than the 20'required). G. The 13'requested variance is the minimum to allow for building placement. H. The granting of the variance will not be detrimental to the public welfare or injurious to other properties or improvements in the area. 2  Attachment 2 - 3 I. The proposed variance will have no effect on light or air to adjacent properties, increase public street congestion, increase life safety issues, or diminish property values in the area. t. The granting of this variance will not cause detriment to the intent and purpose of the zoning ordinance. Thank you for your consideration in this matter. If we can be of further assistance to yol¡ on this, please contact us at your convenience. rll I I Sincerely, RI LLC J P.E. r r l? .f 8 3  Gallatin Zoning Ordinance in effect in 1997. Attachment 2 - 4A 5 1-10 6 Other Recruiremen S 51-106. 1 Enclosure Reguirements AII- uses shall be conducted within completely enclosed build.ings except for agriculture' parking and loading, exterior storage, and other accessory uses listed herein which by their nature must necessarily exist outside a building. 51-106.2 Provisions Appl-vins alonq District Bqun<la¡ieq In any IR District along such portion of the boundary v¡hich coincides with a lot line of a lot in a residential district, the buildings and structures shall be set back at least fifty (50) feet from such lot line. 51-106.3 ExÈeLior Storage Exterior storage may be permitted in the side and rear of the principal building on1y, provided the location, extent, and screening of storage is approved as a part of the site plan by the planning Commission; and further provided that exterior storage shalt be screened from public view by a suitable fence, wallr oI hedge not exceeding fifteen (15) feet in height with the stored materials to be kept at least two (2) feet below the top of such screen. 51-106.4 Surfac age Areas All storage areas shall be surfaced to provide a durable and dust-free surface. À11 areas shall- be graded and drained. so as to dispose of all surface water accumulated within the area. 134  Gallatin Zoning Ordinance revised in1998. Attachment 2 - 4B Greater yard and building setbacks may be required when the IR zoned properties are located adjacent to a separate zoning district to comply with bufferyard requirements of Article, 13, Section 13.03. Setbacks from roadways scheduled for widening shall meet the setback from the projected future right-of-way line per the Comprehensive Plan. C. Corner Lots - On any corner lot, all structures shall conform to the setback requirements for the adjoining street if such requirement is greater than that for this district. 09.02.040 Use of Required Yard Areas The following uses may be made of yard areas, provided such uses are otherwise permissible in this district. A. Landscaping - All required yard areas not occupied by driveways or sidewalks shall be devoted to landscaping as defined in Sections 13.04 and 13.05. B. Driveways - Provided that no driveway shall occupy more than half of any required yard C. Sidewalks - Provided that no sidewalk shall occupy more than half of any required yard. 09.02.050 Other Requirements A. Enclosure Requirements - All uses shall be conducted within completely enclosed buildings except for agriculture, parking and loading, exterior storage, and other accessoryuses listed herein which by their nature must necessarily exist outside a building. B. Provisions Applying along District Boundaries - ln any IR District along such portion of the boundary which coincides with a lot line of a lot in a residential district, the buildings and structures shall be set back at least seventy-five (75) feet from such lot line. C. Exterior Storage - Exterior storage may be permitted in the side and rear of the principal building only, provided the location, extent, and screening of storage is approved as a part of the site plan and further provided that exterior storage shall be screened from public view by suitable fence, wall, or hedge not exceeding fifteen (15) feet in height with the stored materials to be kept at least two (2) feet below the top of such screen. D. Surfacing of Storage Areas - All storage areas shall be surfaced to provide a durable and dust- free surface. All areas shall be graded and drained so as to dispose of all surface water accumulated within the area. 9 -7  vAR -2020-0120 Attachment 2 - 5 SUMNER COUNTY TENNESSEE 0 90 180 DISCLAIMER: THIS MAP IS FOR PROPERTY TAXASSESSMENT PURPOSES ONLY IT WAS CONSTRUCTED FROM PRoPERTY INFoRIVATIoN RECORDED IN IHE OFFICE OF THE REGISTER OF DEEDS AND IS NOT CONCLUSIVE AS TO LOCATION OF PROPERTY OR LEGAL OWNERSHIP. 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