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 Municipal Board of Zoning Appeals will be held at 5:30 on Thursday October 22, 2020 remotely. All interested members of the public, commissioners, and applicants are invited to participate by going to: https://us02web.zoom.us/j/86386113602  Or by calling (470) 381-2552; Webinar ID: 863-861-3602 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, October 22, 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 REGULAR AGENDA 1. GMBZA RESOLUTION NO. 2020-010 VAR-2020-0010 SUMNER COUNTY COURTHOUSE – VARIANCE SUMNER COUNTY, TENNESSEE THE OWNER AND APPLICANT REQUEST A VARIANCE OF FORTY SIX FEET AND ELEVEN INCHES FOR THE SUMNER COUNTY COURTHOUSE, ON THREE PARCELS (126C//K//019.00; 126C//K/010.00; 126C//K//017.00), LOCATED AT 155 EAST MAIN STREET. 2. OTHER BUSINESS 3. ANNOUNCEMENTS 4. MOVE TO ADJOURN  MINUTES OF THE GALLATIN MUNICIPAL BOARD OF ZONING APPEALS MEETING September 24, 2020 Pursuant to the Governor’s Executive Order #16, #34, #51 and #60 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. 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 Sharon Burton, Planner I - Remote Jeanne Gregory - Remote Leticia Alexander, Staff Attorney - Remote Marianne Mudrak, Board Secretary - Remote Absent Others Present None None The Gallatin Municipal Board of Zoning Appeals met in a regular meeting on Thursday, September 24, 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 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 #60 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 4 ayes; 0 nays. Minutes Chair Moore presented the June 25, 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 4 ayes; 0 nays. Gallatin Municipal Board of Zoning Appeals Meeting Minutes 2 September 24, 2020 Election of Officers GMBZA Resolution No. 2020-006 - Election of Secretary to the Municipal Board of Zoning Appeals - Ms. Gregory motioned to nominate John Puryear as Secretary of the Municipal Board of Zoning Appeals. Mr. Schreiner seconded the motion and the motion passed by roll call vote of 4 ayes; 0 nays. Agenda Item 1: GMBZA Resolution No. 2020-0008 – 618-620 Tulip Circle – Variance (VAR-2020-0006) – Tim Graves – The owner and applicant request approval of a variance to change the side yard setback on property zoned R10 – Medium Density Residential, located at 618-620 Tulip Circle. This item was withdrawn by the applicant. Item 2: GMBZA Resolution No. 2020-0009 – 1204 Longleaf Drive – Variance (VAR-2020-0008) Richard Jones – The owner and applicant request approval of a variance to reduce the building setback line from 75 feet to 50 feet on property zoned IR-Industrial Restrictive, located at 1204 Longleaf Drive. Ms. Sharon Burton, Planner I, presented the request to reduce the building setback line from 75 feet to 50 feet for an industrial building at 1204 Longleaf Drive. The property backs up to residential property. The property was platted in 1997 when the zoning ordinance required a 50 foot setback. The zoning ordinance was changed to require a 75 foot building setback; however, the proposed building will not fit on the lot with a 75 foot building setback. In addition, there is a stream buffer that the applicant has to take into consideration. Staff recommends approval of Resolution No. 2020-0009. Mr. Josh King, Assistant Director of Planning, said the nearest residence is 250 feet away from the edge of the industrial building. Mr. Richard Jones, applicant, said the property was purchased when the 50 foot building setback line was in effect. The shape and size lot is an issue. No activity is intended at the back of this building. Chair Moore opened the public hearing. No one came forward to speak; therefore, Chair Moore closed the public hearing. Ms. Gregory motioned to approve Resolution No. 2020-0009. Mr. Puryear seconded the motion and the motion passed by roll call vote of 4 ayes; 0 nays. Item 3: Other Business Mr. William McCord, Director of Planning, said there was a request to consider changes to the fence code based on a recent Board of Zoning Appeals case, allowing and 8 foot high fence on residential property adjacent to commercial property. Gallatin Municipal Board of Zoning Appeals Meeting Minutes 3 September 24, 2020 Item 3: Announcements There was no announcements. Item 4: Adjourn There being no further business to discuss, Chair Moore adjourned the meeting at 5:55 p.m. Respectively Submitted: ________________________________ Marianne Mudrak, Board Secretary Approved: ________________________________ ____________________________ Jimmy Moore, Chair John Puryear, Secretary  GMBZA Resolution No. 2020-010 RESOLUTION OF THE CITY OF GALLATIN, TENNESSEE MUNICIPAL BOARD OF ZONING APPEALS APPROVING A VARIANCE OF FORTY SIX FEET AND ELEVEN INCHES, TO ALLOW FOR A MULTI-STORY SUMNER COUNTY COURTHOUSE (TAX MAP 126C, GROUP K, PARCELS 019.00, 010.00, 017.00), TOTALING 1.908 +/- ACRES, ZONED CC- CORE COMMERCIAL DISTRICT, LOCATED AT 158 EAST MAIN STREET WHEREAS, Article 8, Section 08.01.020.B.2, G.Z.O., provides a maximum building height of thirty-five (35) feet with an additional one and a half foot of building height for each additional foot of building setback, in the CC- Core Commercial District; and WHEREAS, THE CITY OF GALLATIN, TENNESSEE MUNICIPAL BOARD OF ZONING APPEALS considered the request for up to a forty-six feet and eleven inches (46’ 11”) variance from the required thirty five (35) -foot maximum building height at the property line, to allow for a multi-story Sumner County Courthouse (Tax Map 126c, Group K, Parcels 019.00, 010.00, 017.00) at its regular meeting on October 22, 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 forty six feet ten and eleven inch variance from the required thirty five (35) -foot maximum building height per Section 08.01.020.B.2 of the Gallatin Zoning Ordinance to allow for a maximum building height of ninety (90) +/- feet along South Boyers Avenue (Tax Map 126c, Group K, Parcels 019.00, 010.00, 017.00), 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 a mere inconvenience, if the strict application of this Ordinance is 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 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 forty six feet and eleven inches from the permitted maximum building height per Section 08.01.020.B.2 of the Gallatin Zoning Ordinance to allow for a maximum building height of ninety (90) +/- foot along South Boyers Ave on three parcels (Tax Map 126C, Group K, Parcels 019.00, 010.00, 017.00), meets all ten (10) of the Standards for a Variance as set forth in the Gallatin Zoning Ordinance, Section 15.05.030 with the following conditions: 1. The variance shall be substantially consistent with the two (2) sheet plan, prepared by ESa Architects of Nashville, TN, date October 5, 2020, and sheet C 2.0 Site Plan for Sumner County Courthouse dated October 12, 2020 and prepared by Kimley Horn and Associates of Nashville, TN. 2. The applicant and owner shall submit a site plan for review and consideration by the Gallatin Planning Department prior to beginning construction on the site. 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: 10/22/2020 Approved: ____________________________ Jimmy Moore, Chairman ____________________________ John Puryear, Secretary APPROVED AS TO FORM: __________________________________ SUSAN HIGH-MCAULEY CITY ATTORNEY  ITEM 1 PLANNING DEPARTMENT STAFF REPORT Sumner County Courthouse - Variance Request VAR-2020-0010 155 East Main Street Date: October 22, 2020 REQUEST: THE OWNER AND APPLICANT REQUESTS A VARIANCE OF FORTY SIX FEET AND ELEVEN INCHES TO ALLOW FOR A MULTI-STORY SUMNER COUNTY COURTHOUSE ON THREE PARCELS (TAX MAP 126C, GROUP K, PARCELS 019.00, 010.00, 017.00), TOTALING 1.908 +/- ACRES, ZONED CC- CORE COMMERCIAL DISTRICT, LOCATED AT 158 EAST MAIN STREET. (VAR-2020-0010) OWNER: SUMNER COUNTY APPLICANT: MATT HAGLER, ESa ARCHITECTURE STAFF RECOMMENDATION: GMBZA RESOLUTION NO. 2020-010 STAFF CONTACT: JOSH KING, AICP MBZA MEETING DATE: OCTOBER 22, 2020 PROPERTY OVERVIEW: The owner and applicant requests a variance of 46 feet and 11 inches to allow for a multi-story Sumner County Courthouse (Tax Map 126C, Group K, Parcels 019.00, 010.00, 017.00), totaling 1.908 +/- acres, zoned CC- Central Commercial District, located at 158 East Main Street. The Gallatin Zoning Ordinance section 08.01.020.b.2 limits building heights to 35 feet and allows an additional setback of 1.5 feet for every additional foot from the right of way. (VAR-2020-0010). (Attachment 1-1) CASE BACKGROUND: Property History and Previous Approvals Sumner County acquired the property located at 155 East Main Street in October of 2019 for the purposes of constructing a new courthouse. The previous owner had been First Baptist Church with the existing building constructed around 1915. The existing building will be removed for the new courthouse. Requested Variance The owner and applicant request a variance from GZO Section 08.01.020.B of forty six (46) feet and eleven (11) inches to permit a building height of 90 +/- feet at the parapet line, exclusive of the gabled roof from Boyers Avenue. Sumner County Courthouse – Building Height Variance – 155 East Main 10/22/2020 Applicable sections from the Gallatin Zoning Ordinance that apply to this case are listed below. APPLICABLE G.Z.O. SECTIONS 08.01 Intent and Purpose of the CC - Core Commercial District This district is designed to provide for a wide range of retail, office, amusement, and service uses normally found in a central business district. High intensity of use is permitted in this district, and increased building bulk is provided as a means of encouraging such development. A setting conducive to and safe for a high volume of pedestrian traffic is desired. All such uses shall comply with the requirements of the International Building Code, whichever is more restrictive. The bulk regulations from which the applicant is requesting the variance reads as follows: 08.01.020 Bulk Regulations B. Height Control - The maximum height of all buildings located within the CC District shall be established as set forth below: 1. The maximum height of a front wall or other portion of a building or other structure at the street line shall be 35 feet above the curb level. 2. For each foot the building is set back from the street line the height of the building may be increased by 1.5 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 (A-J) that are listed below. The applicant’s written responses to these standards are provided in Attachment 1-3. The Board shall determine if this variance request meets all ten (10) of the standards (A-J) for a variance required by the Gallatin Zoning Ordinance as described below. 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 shape of the property is rectangular and the topography slopes from Main Street to the rear of the property towards Smith Street. The lot size is proportionate to others in the Core Commercial Zoning District. The location, direction, and slope of E. Main Street and S. Boyers Ave is relatively fixed and presents a unique disadvantage to this site. These cannot be altered substantially without negatively impacting surrounding properties. 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 and unique to the type of operations within this building. No other properties would be entitled to a variance if the Board agreed to grant this variance. Sumner County Courthouse – Building Height Variance – 155 East Main 10/22/2020 C. The variance will not authorize activities in a zone district other than those permitted by this Ordinance.  The proposed use is Community Facility Activities- Essential Service and will require approval of a separate site plan. This variance will not authorize uses or activities that are not currently permitted in the CC district. D. Financial returns only shall not be considered as a basis for granting a variance.  Financial returns were not considered as part of this variance request and will not increase as a result of granting this 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.  The requested variance is not a hardship created by the current property owner. The hardship is created by the existing infrastructure in place surrounding the property, the slope of the property, and the unique uses proposed within the structure which requires 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 districts.  This variance would not confer on the owner any special privilege that is currently denied by the Gallatin Zoning Ordinance to any other property of building within the CC zone district. The variance will allow Sumner County to construct a Courthouse facility necessary to meet the needs of the residents of Sumner County. G. The variance is the minimum variance that will make possible the reasonable use of the land, building, or structure.  The requested variance is the minimum variance necessary for the building height to accommodate the unique uses, ensure the safety of the occupants/general public, and it is necessary to locate the facility in close proximity to other nearby justice facility uses. This variance is needed for the Boyers Avenue side of the building, the other portions of the building have met the standards outlined in Article 08.01.020 of the Gallatin Zoning Ordinance. 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.  The variance, if granted, will not be injurious to the area and is the minimal variance needed to make practical use of the structure. The properties on all sides are zoned Core Commercial (CC). 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.  The existing buildings on S. Boyers Ave belonging to First Baptist Church of Gallatin will not be adversely impacted by a lack of light or air to their existing buildings by this variance. 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, 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 Sumner County Courthouse – Building Height Variance – 155 East Main 10/22/2020 allow a public use judicial center to be constructed in the center of town in scale with the adjacent buildings in the downtown area. 15.05.060 Conditions and Restrictions by the Board The Board may impose such 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 variation; 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 does not recommend establishing an expiration date for this Variance request. ENGINEERING DEPARTMENT COMMENTS The Engineering Division reviewed the variance request and no comments were provided. OTHER DEPARTMENTAL REVIEW COMMENTS Other City Departments reviewed the variance request and no comments were provided. RECOMMENDATION Staff recommends that the Gallatin Municipal Board of Zoning Appeals approve GMBZA Resolution No. 2020-10 ATTACHMENTS Attachment 1-1 Location Map Attachment 1-2 Variance Exhibits Attachment 1-3 Applicants response to the Standards for Variance ATTACHMENT 1-1 SUMNER COUNTY COURTHOUSE kli n Fran Boy e rs c Publi CURRENT EAST MAIN ST COURTHOUSE Main CURRENT LIBRARY ter Wa Smith o e Bleds Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community Ü 0 62.5 125 250 Legend Feet Future Sumner County Courthouse DISCLAIMER:This product is for informational purposes and may not have been preparedor for, be Streams suitable for legal, engineering, or surveying purposes. Users of this information should review or consult the primary data and information sources to ascertain the usability of the information. ATTACHMENT 1-2 ATTACHMENT 1-2 ATTACHMENT 1-2 GRAPHIC SCALE: 3/32" = 1'-0" 16' HATCH AND LINETYPE LEGEND LIGHT DUTY CONCRETE 8' PROPOSED BUILDINGS & STRUCTURES 214 Oceanside Drive, Nashville, TN 37204 0 ENCLOSED MECHANICAL YARD © 2020 Kimley-Horn and Associates, Inc. BRICK - SEE HARDSCAPE PLANS 16' GRAPHIC SCALE: 1/8" = 1'-0" PROPERTY LINE BUILDING LIMITS (FLOOR 0 AND 1) RETAINING WALL Main: 615.564.2701 | www.kimley-horn.com SEAT WALL - SEE LANDSCAPE 8' PLANS 4' SITE NOTES 2' 1. ALL WORK AND MATERIALS SHALL COMPLY WITH ALL 0 CITY/COUNTY/STATE REGULATIONS AND CODES AND O.S.H.A. STANDARDS. 2. ALL DIMENSIONS AND RADII ARE TO THE FACE OF CURB UNLESS OTHERWISE NOTED. 3. EXISTING STRUCTURES WITHIN CONSTRUCTION LIMITS ARE TO BE ABANDONED, REMOVED OR RELOCATED AS 12' NECESSARY. ALL COST SHALL BE INCLUDED IN BASE BID. 4. CONTRACTOR SHALL BE RESPONSIBLE FOR ALL RELOCATIONS, (UNLESS OTHERWISE NOTED ON PLANS) GRAPHIC SCALE: 3/16" = 1'-0" INCLUDING BUT NOT LIMITED TO: ALL UTILITIES, STORM DRAINAGE, SIGNS, TRAFFIC SIGNALS & POLES, ETC. AS 8' REQUIRED. ALL WORK SHALL BE IN ACCORDANCE WITH GOVERNING AUTHORITIES REQUIREMENTS AND SHALL BE APPROVED BY SUCH. ALL COST SHALL BE INCLUDED IN BASE BID. 5. SITE BOUNDARY, TOPOGRAPHY, UTILITY AND ROAD INFORMATION TAKEN FROM A SURVEY PROVIDED AS ALTA 4' SURVEY SHEET. 6. ALL PROPOSED UTILITY CONNECTIONS SHALL BE FIELD VERIFIED AND SUBJECT TO CHANGE PER CITY OF GALLATIN PUBLIC WORKS REQUEST. 7. ALL DEVELOPMENT WITHIN THE BOUNDARIES OF THIS PLAN SHALL MEET THE REQUIREMENTS OF THE AMERICANS WITH 0 DISABILITIES ACT AND THE FAIR HOUSING ACT. ADA: http://www.ada.gov/ U.S. Justice Dept: http://www.justice.gov/crt/housing/fairhousing/about_fairhousingact.htm 8' GRAPHIC SCALE: 1/4" = 1'-0" PAVING NOTES 1. EXPANSION JOINTS SHOULD BE USED WHEREVER THE PAVEMENT WILL ABUT A STRUCTURAL ELEMENT SUBJECT TO DIFFERENT MAGNITUDE OF MOVEMENT, E.G., LIGHT POLES, 4' RETAINING WALLS, EXISTING PAVEMENT, STAIRWAYS, ENTRYWAY PIERS, BUILDING WALLS, MANHOLES. 2. WHEN NATURAL FLOW OF DRAINAGE IS AWAY FROM CURB, CONTRACTOR TO INSTALL REVERSE/INVERTED GUTTER 2' PITCH. REFER TO GRADING PLAN. 1' 0 PERMITTING REFERENCE BUILDING PERMIT: TBD 6' GRADING PERMIT: TBD GRAPHIC SCALE: 3/8" = 1'-0" WATER PERMIT: TBD TBD 4' SEWER PERMIT: ZONING ORDINANCE NOTE 2' ALL CONSTRUCTION AND USE OF THE PROPOSED FACILITY TO MEET THE APPLICABLE PERFORMANCE STANDARDS AS SET FORTH IN THE CITY OF GALLATIN ZONING ORDINANCE, SECTION 13.02 0 FINANCIAL RESPONSIBILITY NOTE 4' THE OWNER/DEVELOPER OF THIS PROPERTY IS RESPONSIBLE FOR GRAPHIC SCALE: 1/2" = 1'-0" ALL FINANCIAL MATTERS 2' 1' 6" BY 0 DATE 3' GRAPHIC SCALE: 3/4" = 1'-0" 2' REVISIONS 1' 0 2' No. 1 2 3 4 5 6 7 8 9 10 GRAPHIC SCALE: 1" = 1'-0" DESIGNED BY: WES DRAWN BY: LEB CHECKED BY: ZJD 1' DATE: 10/12/2020 KIMLEY-HORN PROJECT NO. 6" 118258002 3" 0 SITE LAYOUT PLAN NOR TH SHEET NUMBER C2.00 Drawing name: K:\NSH_LDEV\118258002 - sumner co courthouse\4-CADD\0_courthouse plans\plansheets\C2-00 SITE LAYOUT - OVERALL.dwg C2.00 SITE LAYOUT PLAN Oct 12, 2020 11:05am by: Lauren.Barnette ATTACHMENT 1-3 October 5, 2020 Sumner County Courthouse Board of Zoning Appeals Height Variance To Whom It May Concern: We are asking for a height variance for the 46.5’ above the height limitation line along South Boyers Ave. With the downward slope from Main Street toward East Smith Street, this limitation would restrain the height of the South Boyers Ave. side to only 2 stories, increasing the west side of the building by potentially 3 more stories to accommodate the programming of courtroom and office spaces. This height increase, were currently permitted by the height line restrictions would create an even more daunting building elevation. Due to the specific sizes and needs of courtrooms, holding cells, judges’ chambers and jury deliberation rooms, the floor plan layout is currently at its most efficient form. This is a significant civic building and its façade’s order, scale and balance is important to its presence on Main Street and its plaza. In addition, the South Boyers Ave. elevation, along with the rest of the exterior, has been designed to break down the scale of the building with punched window openings, pedestrian scaled landscaping along the perimeter of the building, and stepped floor plates to reduce the floor area on the Third though Fifth floors compared to the lower floors. With this letter and our exhibits of the North and East elevations, please review our appeal and consider the variance as requested. Sincerely, Matt Hagler, AIA