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 November 19, 2020 remotely. All interested members of the public, commissioners, and applicants are invited to participate by going to: https://us02web.zoom.us/j/81504237694 Or by calling (470) 381-2552; Webinar ID: 815 0423 7694 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, November 19, 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 • October 22, 2020, Municipal Board of Zoning Appeals Minutes REGULAR AGENDA 1. GMBZA RESOLUTION NO. 2020-011 VAR-2020-0011 SECOND GENERATION GRAVEYARD - VARIANCE JOHN HURD THE OWNER AND APPLICANT REQUEST APPROVAL OF A VARIANCE OF 213 +/- FEET TO ALLOW AN 87 +/- FOOT BUILDING SETBACK PER SECTION 09.02.010.C.2.D, GALLATIN ZONING ORDINANCE, FOR AN AUTOMOTIVE DISASSEMBLY, PARTS RECYCLING, AND MATERIALS RECOVERY OPERATION IN THE IR–INDUSTRIAL RESTRICTIVE ZONE DISTRICT AND A VARIANCE TO WAIVE THE REQUIRED TYPE 30 LANDSCAPE BUFFERYARD PER SECTION 09.02.010.C.2.E ALONG ALL PROPERTY BOUNDARIES ON A 2.0 +/- ACRE PARCEL (TAX MAP 112, PARCEL 017.03), LOCATED AT 238 AIRPORT ROAD. 2. OTHER BUSINESS 3. ANNOUNCEMENTS 4. MOVE TO ADJOURN  MINUTES OF THE GALLATIN MUNICIPAL BOARD OF ZONING APPEALS MEETING October 22, 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 - Remote Josh King, Assistant Director of Planning- Remote John Puryear, Secretary - 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, October 22, 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 Mr. Puryear 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 #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. Ms. Mudrak called the roll and the motion passed by roll call vote of 3 ayes; 0 nays. Agenda Item 1: GMBZA Resolution No. 2020-010 – Sumner County Courthouse – Variance (VAR-2020-0010) – Sumner County, Tennessee – The owner and applicant request a building height variance of forty six feet and eleven inches for the Sumner County Courthouse, on three (3) parcels (126C//K//019.00; 126C//K//010.00; 126C//K//017.00), located at 155 East Main Street. Gallatin Municipal Board of Zoning Appeals Meeting Minutes 2 October 22, 2020 Mr. Josh King, Assistant Director of Planning, presented the request for a height variance for the Sumner County Court House, located next to the current library on East Main Street and South Boyer’s Avenue. Due to the unique nature of the building, security is an issue. The property was previously a part of the First Baptist Church parking lot. The height request is for the side facing South Boyer’s Avenue. He reviewed the 10 standards that must be met in order to approve the variance. Standard A, the shape of the property is rectangular and the slope presents a unique issue for the site, which cannot be altered. Standard B, no other properties would entitled to this variance. Standard G, the variance request is the minimum variance necessary for the building height to accommodate unique uses and to insure the safety of the public. Standard I, existing buildings along South Boyer’s Avenue will not be adversely impacted by a lack of light or air due to construction of this building. Staff requested decorative features or windows on the side wall. Since all standards are met, Staff recommends approval of Resolution No. 2020-10. Chair Moore opened the public hearing. No one came forward to speak; therefore, Chair Moore closed the public hearing. Mr. Matt Heigler, with Earl Swenson & Associates, representing the applicant, explained the design and placement of the building and specifics that meet the 10 standards. He said there is no impact on the church or the stained glass windows. He said the functionally of the building causes the need for added height. The plan submitted does not show low plantings and hedges along the side of the building that are intended and will not cause a security concern. Chair Moore asked how far the building is set back from the street. Mr. Heigler said the building sets back from Main Street. There is an approximately 30 foot plaza with 10 feet of staircase between Main Street and the building entrance. Chair Moore asked the distance between the court house and the library. Mr. Heigler said the library is approximately 25 feet and the parking lot is still accessible. Mr. King said there is a grassy area with benches in the front that will serve the court house and the library. Chair Moore said the court house parking garage is not located near the court house. He asked if the parking garage will be built simultaneously with the court house. He asked if there will be shuttle service from the parking garage and if the parking would be free. Mr. Heigler said the parking garage and the court house would be built together. He said there would not be a shuttle service and parking will be free. He added that there is a loading zone/drop off area at the court house. Mr. McCord said there is an alley that leads from the front of the court house to the parking garage. Also, there is a sidewalk on Boyer’s Avenue. Mr. Puryear said he likes the design of the building and is excited to see the courthouse built in this location. Gallatin Municipal Board of Zoning Appeals Meeting Minutes 3 October 22, 2020 Mr. Puryear motioned to approve Resolution No. 2020-010. Mr. Schreiner seconded the motion. Chair Moore expressed concern that if this height variance is granted it may set a precedent. The Board voted on the motion and the motion passed by roll call vote of 3 ayes; 0 nays. Item 2: Other Business Mr. King informed the Board that there is a four hour training session at City Hall on Friday, November 13 at 8 AM. He said the Board members may join the meeting remotely or in the Council Chambers. The speaker will be from the Statewide Planning Association. Mr. McCord said there was a training session planned after a Planning Commission meeting; however, the meeting was so long that the training was postponed. Mr. Puryear asked if the training hours can be carried over to next year. Mr. King said he believes the training hours can be carried over. Mr. Puryear asked about the agenda for the TAPA meeting. Mr. King said training at the TAPA presentation will be on the Sunshine Laws in the State of Tennessee presented by the Tennessee Open Government. Also, the Tennessee Department of Health will present Creating Vibrant Living Community with a Space for Identity for All and the Ethics of the Profession. All of the training may be done remotely or at City Hall. Item 3: Announcements There was no announcements. Item 4: Adjourn There being no further business to discuss, Chair Moore adjourned the meeting. Respectively Submitted: ________________________________ Marianne Mudrak, Board Secretary Gallatin Municipal Board of Zoning Appeals Meeting Minutes 4 October 22, 2020 Approved: ________________________________ ____________________________ Jimmy Moore, Chair John Puryear, Secretary ITEM 1 GMBZA Resolution No. 2020-011 RESOLUTION OF THE CITY OF GALLATIN, TENNESSEE MUNICIPAL BOARD OF ZONING APPEALS APPROVING A VARIANCE OF 213 +/- FEET TO ALLOW AN 87 +/- FOOT BUILDING SETBACK PER SECTION 09.02.010.C.2.D, GALLATIN ZONING ORDINANCE, FOR AN AUTOMOTIVE DISASSEMBLY, PARTS RECYCLING, AND MATERIALS RECOVERY OPERATION IN THE IR–INDUSTRIAL RESTRICTIVE ZONE DISTRICT AND A VARIANCE TO WAIVE THE REQUIRED TYPE 30 LANDSCAPE BUFFERS PER SECTION 09.02.010.C.2.E ALONG ALL PROPERTY BOUNDARIES ON A 2.0 +/- ACRE PARCEL (TAX MAP 112, PARCEL 017.03), LOCATED AT 238 AIRPORT ROAD (FILE NO. VAR-2020-0011). WHEREAS, Article 9, Section 09.02.010.C.2.d, G.Z.O., requires a 300-foot setback for an Automotive Disassembly, Parts Recycling, and Materials Recovery Operations building in the IR–Industrial Restrictive Zone District when located adjacent to any residentially zoned property, and Article 9, Section 09.02.010.C.2.e, requires a Type 30 landscape bufferyard along all property boundaries for an Automotive Disassembly, Parts Recycling, and Materials Recovery Operations building in the IR Zone District; and WHEREAS, THE CITY OF GALLATIN, TENNESSEE MUNICIPAL BOARD OF ZONING APPEALS considered the request for a 213 +/- foot variance from the required 300-foot minimum setback to allow for an 87 +/- foot building setback and the request for a variance to waive the required Type 30 landscape bufferyard along all property boundaries on a 2.0 +/- acre parcel (Tax Map 112, Parcel 017.03) at its regular meeting on November 19, 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 213 +/- feet from the required 300-foot minimum setback from any residentially zoned property per Section 09.02.010.C.2.d of the Gallatin Zoning Ordinance to allow for an 87 +/- foot building setback for an Automotive Disassembly, Parts Recycling, ITEM 1 and Materials Recovery Operations building in the IR Zone District and a variance to waive the required Type 30 landscape bufferyard along all property boundaries per Section 09.02.010.C.2.e on a 2.0 +/- acre parcel (Tax Map 112, Parcel 017.03), 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, because the building in which the applicant wishes to house the auto dismantling use is pre-existing. Its proximity to residentially zoned property is a technicality in view of the characteristics of these residentially zoned properties: an established golf course and a lot containing a single-family home in which the home itself is separated by over 300 feet of distance from the proposed use and which includes a thick vegetation buffer. A Type 30 Bufferyard will not fit on at least one of the unbuffered property lines (south boundary), and the other boundary lines all lie adjacent to zoning districts and uses that do not require buffers. Without these variances, the applicant still retains the right to develop, but not in a way that remotely corresponds to this specific business. This is perceived by him as a hardship rather than a mere inconvenience; B. The conditions upon which the petition for variances is based are not applicable, generally, to other property within the same district because the extraordinary bufferyards are only specific to a use which will occur interior to the building; C. The variances will not authorize activities in a zone district other than those permitted by Ordinance because the vast majority of the business is parts inventory and repair and not dismantling or materials recovery; D. Financial return was not considered the basis for granting the variances—the variances should be granted because the proposed use meets the intent of the special conditions imposed upon such uses in the IR district since operations will be confined within a building and will be over 300 feet from the closest residence; 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 because the applicant did not build the existing non-conforming structure which would not be in strict compliance with the zoning ordinance were the proposed use approved; F. That granting the variances 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 because the peculiar circumstances in this case are primarily that the Golf Course is zoned for residential use and the unusual shape of a lot of a nearby residence; G. The variances are the minimum variances necessary to make possible the reasonable placement of the structure and use; H. The granting of the variances 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 because no changes will occur to the existing structures, and no change to the exterior premises besides a new business sign will be evident; ITEM 1 I. The proposed variances do 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 the applicant’s business model is for a niche market, and very little traffic will be generated by the use. Fire and public safety hazards generated will be no greater than those generated by any other light industrial use currently allowed by Code; and J. The granting of the variances 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 because the variances will offer an opportunity to use the buildings in a way that is financially productive to the applicant, the city, and the state, with no detrimental effects to surrounding properties. No physical change or disruption to the neighborhood will occur if the variances are granted. Section 2. Action – The Gallatin Municipal Board of Zoning Appeals hereby approves a variance of 213 +/- feet from the required 300-foot minimum building setback from a residentially zoned property per Section 09.02.010.C.2.d of the Gallatin Zoning Ordinance to allow for an 87 +/- foot building setback for an Automotive Disassembly, Parts Recycling, and Materials Recovery Operations building in the IR Zone District and a variance to waive the required Type 30 landscape buffers along all property boundaries per Section 09.02.010.C.2.e, on a 2.0 +/- acre parcel (Tax Map 112, Parcel 017.03) located at 238 Airport Road. 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: 11/19/2020 Approved: ____________________________ Jimmy Moore, Chairman ____________________________ ITEM 1 Secretary APPROVED AS TO FORM: __________________________________ SUSAN HIGH-MCAULEY CITY ATTORNEY  ITEM 1 PLANNING DEPARTMENT STAFF REPORT Variance Request for 238 Airport Road (R.B. 5321, Pg. 663) (VAR-2020-0011) Located at 238 Airport Road Date: November 19, 2020 PUBLIC HEARING REQUEST: THE OWNER AND APPLICANT REQUESTS A VARIANCE OF 213 +/- FEET TO ALLOW AN 87 +/- FOOT BUILDING SETBACK PER SECTION 09.02.010.C.2.D, GALLATIN ZONING ORDINANCE, FOR AN AUTOMOTIVE DISASSEMBLY, PARTS RECYCLING, AND MATERIALS RECOVERY OPERATION IN THE IR–INDUSTRIAL RESTRICTIVE ZONE DISTRICT AND A VARIANCE TO WAIVE THE REQUIRED TYPE 30 LANDSCAPE BUFFERYARD PER SECTION 09.02.010.C.2.E ALONG ALL PROPERTY BOUNDARIES ON A 2.0 +/- ACRE PARCEL (TAX MAP 112, PARCEL 017.03), LOCATED AT 238 AIRPORT ROAD (FILE NO. VAR-2020-0011). OWNER: JOHN HURD APPLICANT: JOHN HURD STAFF RECOMMENDATION APPROVAL OF GMBZA RESOLUTION NO. 2020-011 STAFF CONTACT: DUSTIN SHANE, AICP MBZA MEETING DATE: NOVEMBER 19, 2020 PROPERTY OVERVIEW: The owner and applicant request a variance of 213 +/- feet to allow an 87 +/- foot building setback per Section 09.02.010.C.2.d, Gallatin Zoning Ordinance, for an Automotive Disassembly, Parts Recycling, and Materials Recovery Operation in the IR– Industrial Restrictive Zone District and a variance to waive the required Type 30 landscape buffers per Section 09.02.010.C.2.e along all property boundaries, on a 2.0 +/- acre parcel (Tax Map 112, Parcel 017.03), located at 238 Airport Road (Attachment 1-1 and 1-2). Staff finds that the applicant meets all ten (10) of the standards for a variance per Section 15.05.030, G.Z.O. The Planning Department recommends approval of GMBZA Resolution No. 2020-011. CASE BACKGROUND: Property History and Previous Approvals On August 7, 1979, the property was included in a large annexation of properties on the eastern edge of the city which included much of the Gallatin Industrial Park (Ord. No. 079-97). It was zoned IR. The existing improvements were constructed circa 1985 and consist of three light industrial prefabricated buildings. 238 Airport Road Variance (VAR-2020-0011) November 19, 2020 Requested Variance The owner and applicant request a variance of 213 +/- feet from the minimum required setback from a residentially zoned property of 300 feet to allow an 87 +/- foot building setback per Section 09.02.010.C.2.d, Gallatin Zoning Ordinance, for an Automotive Disassembly, Parts Recycling, and Materials Recovery Operation in the IR–Industrial Restrictive Zone District and a variance to waive the required Type 30 landscape bufferyard per Section 09.02.010.C.2.e along all property boundaries in the IR Zone District (leaving a Type 30 landscape bufferyard along only one property line) on a 2.0 +/- acre parcel (Tax Map 112, Parcel 017.03), located at 238 Airport Road (Attachment 1-2 and 1-3). Special Conditions for an Automotive Disassembly, Parts Recycling, and Materials Recovery Operations building in the IR Zone District Section 09.02.010.C.2 of the Gallatin Zoning Ordinance allows for the proposed use in the IR zone district with six (6) conditions. The applicant’s proposal meets conditions (a), (b), (c), and (f) because it fronts on an arterial street, features no outdoor operations or storage of materials, and is capable of complying with all performance standards of Section 13.02 and 15.02.040. Applicable sections from the Gallatin Zoning Ordinance that apply to this case are listed below. Applicable G.Z.O. Sections [IR Zoning] 09.02.010 Uses and Structures C. Permitted Uses with Conditions: The following activities and operations are permitted with the following conditions: Commercial Activities 2. Automotive Disassembly, Parts Recycling, and Materials Recovery Operations [423930] provided that the use complies with the following criteria: a. Any such use shall front on either a collector street, or arterial street as classified on the official Major Thoroughfare Plan. b. The operation of the facility shall be conducted completely inside an enclosed structure or building. No auto-mechanical crushers shall be used in disassembly and processing of the materials outside of any building. c. Outdoor storage of materials shall be not be permitted in any required yard or required bufferyard whichever is greater. Any outside storage use shall be screened with an opaque fence or wall to be placed interior to or at the required yard setbacks or bufferyard parallel to any property boundaries and no materials shall be stack above the height of the fence or wall. All outside storage surfaces shall be asphalt, concrete pavement or compacted gravel. 2 238 Airport Road Variance (VAR-2020-0011) November 19, 2020 d. No such use shall be located within 300 feet on an established residential use or residentially zoned property. e. All such uses shall provide a Type 30 landscape buffer or greater along all property boundaries. f. The facility must comply at all times with the various performance standards cited within Sections 13.02 and 15.02.040 of this Ordinance. Particular emphasis shall be placed on compliance with the City’s noise standards. The plan/use does not comply with condition (d) since it would be located closer than 300 feet from an established residential use or residentially zoned property. The building in which the applicant proposes to conduct the disassembling activity is only 87 +/- feet from the nearest residentially zoned property (the adjacent Gallatin Country Club, zoned A–Agricultural Residential District) and 196 +/- feet from the nearest residentially zoned property containing a single-family residence (315 Bay Hill Drive, zoned R15–Medium Density Residential District) (Attachment 1-4). The applicant submitted a letter of support from one of the property owners (Attachment 1-5). Though ownership and use could change, the nearest residentially zoned property is the Gallatin Country Club golf course, and the second-nearest residentially zoned property is one in which the residential structure is 367 +/- feet from the proposed use. These facts lend support to the applicant’s case that he would only be violating condition (d) in the strict technical sense. Additionally, Gallatin Country Club concurred in a recently approved alternative bufferyard proposal for the property immediately north of the subject property and adjacent to the golf course (File No. SPLAN-2019- 0024). Gallatin Country Club is favorable to the applicant’s proposal. Condition (e) requires Type 30 landscape buffers along all property boundaries for this use. A 30- foot-wide buffer of existing mature trees exists along the western boundary with the golf course. No bufferyards exist along the northern, southern, and eastern property lines. The applicant is proposing this use within an existing building that he will be renting from the property owner, who maintains separate uses within the other two existing buildings with materials related to these businesses stored outdoors. The property owner maintains that the installation of large buffers along the three unbuffered property lines is a hindrance to the owner’s existing operations, which do not require these buffers (and which do not abut residentially zoned areas). The applicant said his operation will take place internally to the building he plans to occupy and so will not interfere with the other business operations the owner maintains on the property. Additionally, along the southern property line, adequate space does not exist for a Type 30 bufferyard. Applicable sections from the Gallatin Zoning Ordinance that apply to all variances are listed below. Applicable G.Z.O. Sections 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. 3 238 Airport Road Variance (VAR-2020-0011) November 19, 2020 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 1-6). 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 believes the variance request meets all ten (10) standards for a variance as follows. A. The particular physical surroundings, shape, topographic conditions of the specific property involved that would result in a particular hardship upon the owner as distinguished from a mere inconvenience, if the strict application of this Ordinance were carried out must be stated. x The building in which the applicant wishes to house the auto dismantling use is pre-existing. Its proximity to residentially zoned property is a technicality in view of the characteristics of these residentially zoned properties: an established golf course and a lot containing a single- family home in which the home itself is separated by over 300 feet of distance from the proposed use and which includes a thick vegetation buffer. A Type 30 Bufferyard will not fit on at least one of the unbuffered property lines (south boundary), and the other boundary lines all lie adjacent to zoning districts and uses that do not require buffers. Without these variances, the applicant still retains the right to develop, but not in a way that remotely corresponds to this specific business. This is perceived by him as a hardship rather than a mere inconvenience. 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 these variances granted, it would not allow a similar variance to be granted to other lots within the city or in the neighborhood or subdivision. The extraordinary bufferyards are only specific to a use which will occur interior to the building. C. The variance will not authorize activities in a zone district other than those permitted by this Ordinance. x Granting these variances will not permit uses or activities not permitted in the IR district. The vast majority of the business is parts inventory and repair and not dismantling or material recovery. D. Financial returns only shall not be considered as a basis for granting a variance. x The variances should be granted because the proposed use meets the intent of the special conditions imposed upon such uses in the IR district since operations will be confined within a building and will be over 300 feet from the closest residence. This distinction can be recognized and may form the basis for the Board’s granting of 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. 4 238 Airport Road Variance (VAR-2020-0011) November 19, 2020 x The applicant did not build the existing non-conforming structure which would not be in strict compliance with the zoning ordinance were the proposed use approved. 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, these variances would not 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. The peculiar circumstances in this case are primarily that the Golf Course is zoned for residential use and the unusual shape of a lot of a nearby residence. 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 the use in the proposed location. 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 variances will have a minimal or no effect on adjacent properties or nearby property owners. No changes will occur to the existing structures, and no change to the exterior premises besides a new business sign will be evident. 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 variances 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 the applicant’s business model is for a niche market, very little traffic will be generated by the use. Fire and public safety hazards generated will be no greater than those generated by any other light industrial use currently allowed by Code. Prior to obtaining a Certificate of Occupancy the business will be inspected for compliance with building codes. 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 variances will offer an opportunity to use the buildings in a way that is financially productive to the applicant, the city, and the state, with no detrimental effects to surrounding properties. No physical change or disruption to the neighborhood will occur if the variances are 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 approved with any conditions as the Board may see fit to impose to ensure an exceptional level of quality and appropriateness for the neighborhood. 5 238 Airport Road Variance (VAR-2020-0011) November 19, 2020 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. RECOMMENDATION Staff recommends that the Gallatin Municipal Board of Zoning Appeals approve GMBZA Resolution No. 2020-011. ATTACHMENTS Attachment 1-1 Location Map Attachment 1-2 238 Airport Road Site Plan Attachment 1-3 Site Plan Space Layout Attachment 1-4 Distances to Residentially Zoned Properties Attachment 1-5 Letters of Support from Affected Adjacent Property Owners Attachment 1-6 Applicant’s response to the Standards for Variance—letter dated 10/8/20 6 ATTACHMENT 1-1 ATTACHMENT 1-2 ATTACHMENT 1-3 Red: Parking areas 2000 sq ft in front of building and 1000 sq ft to the side Blue: Showroom area 420 sq ft and restrooms 126 sq ft Yellow: Office area 150 sq ft Pink: Dismantling area 400 sq ft Rest of the building is storage 2200 sq ft ATTACHMENT 1-4 ATTACHMENT 1-5 ATTACHMENT 1-6 Zoning Variance Request 10/8/20 232 Airport Rd Gallatin TN 37066 Zoning Board, I am requesting a zoning variance at 232 Airport Rd in Gallatin to allow Automotive Disassembly, Parts Recycling, and Materials Recovery Operations as outlined in the Gallatin Zoning Ordinance 9.03.010 C. My name is John Hurd and I am the owner of Second Gen Graveyard which is a specialty auto parts company providing used and new parts for 1970-1981 Pontiac Firebirds. I have recently moved to Gallatin from California after retiring as a police lieutenant with 25 years of service. My hobby is restoring old Firebirds which resulted in becoming the go-to guy for hard to find parts. The hobby became a small business in California. In California, I had a shop and had a California auto dismantler license with all the required permits and inspections. I have recently leased the property at 232 Airport Rd with the intention of conducting the same business here in Gallatin. About 95% of my business is online and I ship parts all over the world. I stock used parts as well as new parts. I have set the building up with a “showroom” in the front to display parts, and a storage/dismantling area in the back of the building. I do anticipate some drive up business from customers who live within driving distance. I have provided photos of the building showing the showroom, storage, and dismantling areas. One of the ways I obtain used parts is to buy complete cars, or project cars, that other hobbyists have given up on. I then dismantle the car and sort and store every part, nut, bolt, and screw. All items are boxed and cataloged to be ready for sale. All dismantling is completed indoor on a cement floor. All fluids are collected and properly recycled. No parts or cars are stored outside. I make very little noise while dismantling. I would average dismantling ten to fifteen cars a year. I also obtain used parts by purchasing collections and stashes of parts from other hobbyists. In researching the requirements to obtain an auto dismantler license in Tennessee one of the requirements is to obtain a letter from the City of Gallatin showing that the zoning allows such activities. In researching the zoning ordinance, and speaking to personnel at the Planning Department, I found that there is one home located to the northeast of 232 Airport Rd that is just barely within the 300 foot restriction outlined in 09.03.010 d. That property located at 315 Bayhill Dr has an oversized lot with the far corner of the lot away from the residence within 300 feet. The space between that residence and my building is taken up by the Gallatin Country Club Golf Course. Other than that one issue with section “d”, my business will conform to all requirements of the zoning code; 3. Automotive Disassembly, Parts Recycling, and Materials Recovery Operations [423930] provided that the use complies with the following criteria:  ATTACHMENT 1-6 a. Any such use shall front on either a collector street, or arterial street as classified on the official Major Thoroughfare Plan. The building faces Airport Rd. b. The operation of the facility shall be conducted completely inside an enclosed structure or building. No auto-mechanical crushers shall be used in disassembly and processing of the materials outside of any building. All disassembly will be conducted indoors on a cement floor and I do not use any crushing equipment. c. Outdoor storage of materials shall be not be permitted in any required yard or required bufferyard whichever is greater. Any outside storage use shall be screened with an opaque fence or wall to be placed interior to or at the required yard setbacks or bufferyard parallel to any property boundaries and no materials shall be stack above the height of the fence or wall. All outside storage surfaces shall be asphalt, concrete pavement or compacted gravel. No materials or parts will be stored outside of the building. I have plenty of room for indoor storage. d. No such use shall be located within 300 feet on an established residential use or residentially zoned property. e. All such uses shall provide a Type 30 landscape buffer or greater along all property boundaries. As shown in the photos there is a large area of vegetation and trees between the property and the golf course completely obscuring any view between them. f. The facility must comply at all times with the various performance standards cited within Sections 13.02 and 15.02.040 of this Ordinance. Particular emphasis shall be placed on compliance with the City’s noise standards. I operate with battery powered tools and seldom use airpowered tools. Disassembly will occur with the doors closed. There will be no noise impact from my operations to the surrounding area. The owner of the property, Bill Green, is very supportive of my business plan and has approved me dismantling cars inside the property. I know I can peacefully coexist with the neighboring businesses and residences. I am respectfully asking the board to authorize a zoning variance to allow me to conduct a small indoor auto dismantling operation as a part of my business. I can be contacted at any time at the phone number or email below to answer any questions. Sincerely, John Hurd Owner Second Gen Graveyard 232 Airport Rd Gallatin TN 37066 ATTACHMENT 1-6 925-518-2569 secondgengraveyard@yahoo.com www.secondgengraveyard.com ATTACHMENT 1-6 VARIANCE REQUEST CHECKLIST Project Name Second Gen Graveyard Map #: Group: Parcel #:112017.03000 Contact Person: John Hurd BZA File Number: The Variance Request Checklist is designed to assist applicants with identifying the information that must be included on plans submitted for a variance request. Initial submittals must include a completed BZA Application Form, a completed Variance Checklist and Variance Site Plan Checklist, and nine (9) folded copies of the plan by 4:30 PM on the submittal deadline. The Municipal/Regional Boards of Zoning Appeals may grant variances where it makes findings of fact based upon the standards per G.Z.O. Section 15.05.030 listed below. Please provide a written description that explains how the variance being requested addresses the following nine (9) standards for variances: 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 residence at 315 Bayhill Dr is located within 300 feet of 232 Airport Rd where I am asking to be able to conduct a small auto dismantling operation as a part of my business. The property at 315 Bayhill Dr sits on a large lot with the farthest corner away from the residence being within the 300 foot zoning restriction. B. The conditions upon which the petition for a variance is based would not be applicable, generally, to other property within the same district; The 300 foot restriction appears to only apply to the auto dismantling condition. It should be noted that only ten to fifteen cars a year will be dismantled, there will be little to no noise made during the dismantling, and that all activities will occur inside the building with the doors closed. C. The variance will not authorize activities in a zone district other than those permitted by this Ordinance; Auto dismantling is allowed in this IR zone. D. Financial returns only shall not be considered as a basis for granting a variance; Not applicable 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; Not Applicable 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; The only restriction that is being waived would be the 300 foot requirement to a residence. G. The variance is the minimum variance that will make possible the reasonable use of the land, building, or structure; ATTACHMENT 1-6 VARIANCE REQUEST CHECKLIST Project Name Second Gen Graveyard Map #: Group: Parcel #:112017.03000 Contact Person: John Hurd BZA File Number: Yes, The only restriction that is being waived would be the 300 foot requirement to a residence 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 My operations at 232 Airport Rd when dismantling a vehicle will have no impact on the surrounding businesses, or residences. 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; and No impairment of light or air will occur, I anticipate very few drive up customers, there will be no increased fire danger, and my operations will not impact property values. 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. My business will have no negative impact on the community. My business will provide tax dollars to the City, County, and State.