Municipal Board of Zoning Appeals

Agenda Gallatin Municipal Board of Zoning Appeals Thursday, December 16, 2021 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 28, 2021 Municipal Board of Zoning Appeals Minutes REGULAR AGENDA 1. GMBZA RESOLUTION NO. 2021-07 VAR-2021-0018 EAST PARK AVENUE DUPLEX – VARIANCE GREENLID DESIGN, LLC THE OWNER AND APPLICANT REQUEST A VARIANCE OF 8,151.5 SQUARE FEET FROM THE MINIMUM DEVELOPMENT AREA PER DWELLING UNIT PER SECTION 06.06.030.B OF THE GALLATIN ZONING ORDINANCE TO ALLOW TWO (2) DWELLING UNITS ON A 6,848.5- SQUARE FOOT LOT (LOT 19, BLOCK B, SUNSET VIEW SUBDIVISION) (TAX MAP 126F, GROUP K, PARCEL 034.00), ZONED R10–MEDIUM DENSITY RESIDENTIAL, LOCATED SOUTH OF EAST PARK AVENUE AND EAST OF SOUTH WATER AVENUE. 2. GMBZA RESOLUTION NO. 2021-08 CUP-2021-0011 EAST PARK AVENUE DUPLEX – CONDITIONAL USE PERMIT GREENLID DESIGN, LLC THE OWNER AND APPLICANT REQUEST APPROVAL OF A CONDITIONAL USE PERMIT FOR A DWELLING TWO-FAMILY – DUPLEX RESIDENTIAL FACILITY, ON A 6,848.5 +/- SQUARE FOOT LOT (LOT 19, BLOCK B, SUNSET VIEW SUBDIVISION), ZONED R10– MEDIUM DENSITY RESIDENTIAL, LOCATED SOUTH OF EAST PARK AVENUE AND EAST OF SOUTH WATER AVENUE (TAX MAP 126F, GROUP K, PARCEL 034.00). 3. OTHER BUSINESS 4. ANNOUNCEMENTS 5. ADJOURN  MINUTES OF THE GALLATIN MUNICIPAL BOARD OF ZONING APPEALS MEETING October 28, 2021 Members Present Staff Present Jimmy Moore, Chair William McCord, Director of Planning John Puryear, Secretary Jim Carpenter, Planner II Jeannie Gregory Sharon Burton, Planner I Marianne Mudrak, Board Secretary Suzanne Simon, Planning Admin. II Absent Others Present Drew Schreiner, Vice Chair Applicant The Gallatin Municipal Board of Zoning Appeals met in a regular meeting on Thursday, October 28, 2021, at 5:30 p.m., in the Dr. J. Deotha Malone Council Chambers of Gallatin City Hall. Mr. Jimmy Moore, Chair, called the meeting to order. Chair Moore led the invocation and Mr. Puryear led the pledge of allegiance. Ms. Mudrak called the roll. Chair Moore motioned to approve the August 26, 2021 Municipal Board of Zoning Appeals Meeting Minutes. Ms. Gregory seconded the motion and the motion passed by roll call vote of 3 ayes; 0 nays. Agenda Item 1: GMBZA Resolution No. 2021-06 – 139 Barton Drive – Variance (VAR-2021-0017) – Triple B Construction – The owner and applicant request approval of a variance of five (5) feet from the required minimum front yard setback of 40 feet, on a 0.119 +/- acre lot (Parcel 113C//2.00), zoned R15 – Medium Density Residential, located at 139 Barton Drive. Ms. Sharon Burton, Planner I, described the request for a variance of 5.00 +/- feet from the required minimum front yard setback of 40 feet to allow for a 35.00 +/- foot front yard setback. This will allow the house to align with adjacent homes, on the 5,183.64 +/- square foot lot, zoned R15-Medium Density Residential District. Chair Moore opened the public hearing. No one came forward to speak; therefore, Chair Moore closed the public hearing. Mr. Derrick Bandy, owner, representing the applicant, said the limited space does not allow for a proposed porch on the building. Gallatin Municipal Board of Zoning Appeals Meeting Minutes 2 October 28, 2021 Mr. Puryear said the lot was created before City zoning. Mr. Puryear motioned to approve Resolution No. 2021-06. Ms. Gregory seconded the motion and the motion passed 3 ayes; 0 nays. Item 2: GMBZA Resolution No. 2021-05 - Townplace/Fairfield Suites at Village Green Crossing – Variance (VAR-2021-0016) – Arnold Consulting – The owner and applicant request approval of a variance of three (3) feet to permit a building height of 63 feet for a proposed five (5) story hotel on a 2.63 +/- acre lot (Parcel 126I//A//001.01), zoned CG-Commercial General, located at 950 Village Green Crossing. Mr. Jim Carpenter, Planner II, described the request for a variance to provide three feet of additional building height for the building parapet to screen the HVAC equipment and provide a more asthestic building. The maximum building height allowed is 60 feet. Staff recommends denial of Resolution No. 2021-05. Chair Moore opened the public hearing. No one came forward to speak; therefore, Chair Moore closed the public hearing. Mr. Dan Whitely, with Arnold Consulting, and Mr. Greg Mayo, Architect, represented the applicant. Mr. Mayo explained that the three foot variance is for HVAC screening and the additional height does not extend over the entire building. The additional height will also provide for signage. Mr. William McCord, Director of Planning, described the basis for the variance and that the resolution was written for approval of the variance. Chair Puryear asked the height of the neighboring hotel. Mr. Whitley said the neighboring hotel is four stories. Mr. McCord explained that the visibility of the sign from the major roadways of US 31E and SR109 could be enhanced with the additional height. Mr. Mayo said the HVAC and signage could be accommodated with a two foot variance. Mr. Puryear motioned to approve Resolution No. 2021-05 because the variance is needed to adequately see the signage from SR 109 and the lot is situated lower than SR109. An additional height of three feet is needed to provide reasonable visibility of the sign. Ms. Gregory seconded the motion and the motion passed by 3 ayes; 0 nays. Item 3: Other Business Gallatin Municipal Board of Zoning Appeals Meeting Minutes 3 October 28, 2021 There was no other business to discuss. Item 3: Announcements Mr. McCord explained TAPA training available online. Item 4: Adjourn There being no further business to discuss, Chair Moore adjourned the meeting. Respectively Submitted: ________________________________ Marianne Mudrak, Board Secretary Approved: ________________________________ ____________________________ Jimmy Moore, Chair John Puryear, Secretary ITEM 1 GMBZA Resolution No. 2021-07 RESOLUTION OF THE CITY OF GALLATIN, TENNESSEE MUNICIPAL BOARD OF ZONING APPEALS APPROVING A VARIANCE OF 8151.5 +/- SQUARE FEET FROM THE MINIMUM DEVELOPMENT AREA PER DWELLING UNIT PER SECTION 06.06.030.B OF THE GALLATIN ZONING ORDINANCE TO ALLOW TWO (2) DWELLING UNITS ON A 6,848.5 +/- SQUARE FOOT LOT (LOT 19, BLOCK B, SUNSET VIEW SUBDIVISION) (TAX MAP 126F, GROUP K, PARCEL 034.00), ZONED R10–MEDIUM DENSITY RESIDENTIAL, LOCATED SOUTH OF EAST PARK AVENUE AND EAST OF SOUTH WATER AVENUE (VAR-2021-0018). WHEREAS, Article 6, Section 06.06.030.B, G.Z.O., requires a minimum development area per dwelling unit of 7,500 square feet; and WHEREAS, THE CITY OF GALLATIN, TENNESSEE MUNICIPAL BOARD OF ZONING APPEALS considered the request for an 8,151.5 square foot variance from the required 15,000-square foot minimum development area on a 6,848.5 +/- square foot lot (Tax Map 126F, Group K, Parcel 034.00) to permit the construction of a two-family dwelling (duplex) with parking, at its regular meeting on December 13, 2021; 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 8,151.5 +/- square feet in area from the required 15,000-square foot minimum development area to permit the construction of a two-family dwelling (duplex) per Section 06.06.030.B of the Gallatin Zoning Ordinance, meets all ten (10) of the Standards for a Variance as described in the body of the Staff Report and 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 of the existing lot sizes and parcel zoning;  ITEM 1 B. The conditions upon which the petition for a variance is based are not applicable, generally, to other property within the same district because other properties in the area are already developed; C. The variance will not authorize activities in a zone district other than those permitted by Ordinance because no unauthorized activities are requested; D. Financial return was not considered the basis for granting the variance because there is no financial benefit to the owners of this property for receiving this 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 because this request is reasonable and would be such for any property in the area; 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; 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 8,151.5 square feet in area from the required 15,000-square foot minimum development area of Section 06.06.030.B of the Gallatin Zoning Ordinance, to permit the construction of a two-family dwelling (duplex) on a 6,848.5 +/- square foot lot (Lot 19, Block B, Sunset View Subdivision). 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: 12/16/2021 Approved: ITEM 1 Jimmy Moore, Chairman John Puryear, Secretary APPROVED AS TO FORM: SUSAN HIGH-MCAULEY CITY ATTORNEY  ITEM 1 PLANNING DEPARTMENT STAFF REPORT Variance Request for Lot 19, Sunset View Subdivision—D.B. 111, Pg. 169 (Adcock Variance) (VAR-2021-0018) Located at south of East Park Avenue and east of South Water Avenue Date: December 16, 2021 PUBLIC HEARING REQUEST: THE OWNER AND APPLICANT REQUEST A VARIANCE OF 8,151.5 SQUARE FEET FROM THE MINIMUM DEVELOPMENT AREA PER DWELLING UNIT PER SECTION 06.06.030.B OF THE GALLATIN ZONING ORDINANCE TO ALLOW TWO (2) DWELLING UNITS ON A 6,848.5-SQUARE FOOT LOT (LOT 19, BLOCK B, SUNSET VIEW SUBDIVISION) (TAX MAP 126F, GROUP K, PARCEL 034.00), ZONED R10–MEDIUM DENSITY RESIDENTIAL, LOCATED SOUTH OF EAST PARK AVENUE AND EAST OF SOUTH WATER AVENUE OWNER: JASON ADCOCK APPLICANT: GREENLID DESIGN, LLC STAFF RECOMMENDATION DENIAL OF GMBZA RESOLUTION NO. 2021-07 STAFF CONTACT: SHARON BURTON MBZA MEETING DATE: DECEMBER 16, 2021 PROPERTY OVERVIEW: The owner and applicant request a Variance of 8,151.5 square feet from the Minimum Development Area per dwelling unit per Section 06.06.030.B of the Gallatin Zoning Ordinance to allow two (2) dwelling units on a 6,848.5-square foot lot (Lot 19, Block B, Sunset View Subdivision) (Tax Map 126F, Group K, Parcel 034.00), zoned R10–Medium Density Residential, located south of East Park Avenue and east of South Water Avenue (Attachment 1-1 and 1-2). The Planning Department recommends denial of GMPC Resolution No. 2021-07. Requested Variance The owner and applicant request a variance of 8,151.5 square feet from the Minimum Development Area per Dwelling Unit per Section 06.06.030.B to allow two (2) dwelling units on a 6,848.31- square foot lot. CASE BACKGROUND: Property History and Previous Approvals Sunset View Subdivision was recorded in Deed Book 111, Page 169 on 11/13/36. The lots were platted before establishment of zoning and are generally about 6250 square feet in size. The property was zoned R-10 at least since before 1979. Most of the houses were built in the 1930’s and 1940’s. East Park Avenue - Duplex - Variance (VAR-2021-0018) December 13, 2021 On May 1, 1979, the City Council adopted a new Zoning Ordinance and Map (Ordinance No. 079- 92). Under the 1979 Zoning Ordinance, two-family detached dwellings (duplexes) were a permitted use in the R10 district. However, Section 36-103.3 of that Ordinance required a lot (development) area of 7,500 square feet per dwelling unit. On July 7, 1998, the City of Gallatin adopted a new Zoning Ordinance (Ordinance No. 09806-035) for Multi-Family Dwelling and Two-Family Dwelling units that required a conditional use permit in the R10 district. Because of the size of the lot, a variance is required to permit more than one dwelling unit on a lot of less than 15,000 square feet (Section 06.06.030.B, G.Z.O). Minimum Development Area per Dwelling Unit The bulk regulations for the R10–Medium Density Residential zone district mandate a minimum development area per dwelling unit of 7,500 square feet on any R-10 zoned lot (Section 06.06.030.B, G.Z.O). The proposed 2,200-square foot duplex structure would contain two dwelling units (duplex) and would be constructed on a lot containing only 6,848.5 square feet. This results in a deficit of 8,151.5 square feet of required development area. Sunset View Subdivision (D.B. 111, Pg. 169) was platted with lots of apparently 6,750 square feet. None of the lots meet the minimum lot size requirement of 10,000 square feet and are considered pre-existing non-conforming lots of record. Under the zoning, the minimum required lot area for a Dwelling Two-Family is 15,000 square feet. Multi-family dwellings were also permitted but now require a Conditional Use Permit (1972 Municipal Zoning Ordinance, Gallatin, Tennessee). Prior to the zoning change by the 1979 code, the lot was too small for a duplex. However, it appears that duplexes exist on several of the lots in the Sunset View Subdivision. The applicant maintains that the “lot sizes and parcel zoning present a hardship.” The applicant presented a letter addressing each of the 10 criteria and standards for considering a variance (Attachment 1-4). The applicant’s request does not meet all 10 standards or rise to the level of a hardship. 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. Applicable sections from the Gallatin Zoning Ordinance that apply to this case are listed below. Applicable G.Z.O. Sections 06.06 R10 Medium Density Residential Districts 06.06.010 Purpose and Intent of the R10 Medium Density Residential Districts This class of district is designed to provide suitable areas for medium density residential development where sufficient urban services and facilities are provided or where the extension of such services can be physically and economically facilitated prior to 2 East Park Avenue - Duplex - Variance (VAR-2021-0018) December 13, 2021 development. All types of residential activities are permitted. It is the intent of this district to not restrict in number the dwelling units contained in a building provided there is sufficient area of zone lot and open space on such lot relative to the number of dwelling units thereon. (The property does not have sufficient area to support the proposed density of development. It is already non-conforming under the existing zoning and lot size.) This class of district is intended also to permit community facility and public utility installations which are necessary to service and do serve specifically the residents of these districts, or which installations are benefited by and compatible with a residential environment. It is the express purpose of this Ordinance to exclude from this class of district all buildings or other structure and uses having commercial characteristics and not planned as an integral part of a total residential development, whether operated for profit or otherwise, except that conditional uses and home occupations specifically provided for in these regulations for this class of district shall be considered as not having such characteristics if they otherwise conform to the provision of this Ordinance. (In conjunction with a variance, the applicant has applied for a Conditional Use Permit and the lot does not comply with the requirements to qualify it for consideration of a CUP for a duplex. A variance of more than twice the minimum lot size would be needed.) 06.06.020 Uses and Structures A. Principal Permitted Uses and Structures - Within the R10 Medium Density Residential Districts as shown on the Gallatin Municipal Zoning Map, the following activities as described in Section 03.05 are permitted: Residential Activities Dwelling One-Family Detached/Single Family residences Dwelling Attached Community Residential Home Community Facility Activities Essential Services B. Permitted Accessory Uses and Structures 1. Private garages and parking areas; 2. Private swimming pools, tennis courts, and other outdoor recreation facilities exclusively for use of the residents; 3. Signs complying with applicable regulations set forth in Section 13.07; 4. Home occupations as defined and subject to the provisions of this Ordinance; 5. Accessory uses or structures customarily incidental to the above permitted uses. 3 East Park Avenue - Duplex - Variance (VAR-2021-0018) December 13, 2021 C. Conditional Uses - The Following activities may be permitted only as conditional uses in accordance with Section 15.06: Residential Activities Dwelling Multi-Family Dwelling Two Family - Duplex Bed and Breakfast Home Community Facility Activities Place of Worship Community Education Utility and Vehicular Intermediate Impact Community Assembly Limited Child and Adult Care Assisted Living D. Prohibited uses - Any use not permitted by right, by accessory use, or conditional use is prohibited in the R10 Medium Density Residential Districts. 06.06.030 Bulk Regulations The bulk regulations appearing below apply to buildings or other structures located on any zone lot or portion of a zone lot, including all new developments, enlargements, extensions or conversions located in any R10 District. A. Maximum Lot Coverage - the maximum zone lot coverage for all building, structures, including accessory structures, shall not exceed forty (40) percent of the total lot area. B. Minimum Development Area Per Dwelling Unit - no dwelling unit shall be permitted on a zone lot with a total development area of less than seven thousand five hundred (7,500) square feet per dwelling unit. C. Maximum Floor Area Ratio - the maximum floor area ratio shall be .32. 06.06.040 Area and Yard Requirements 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 4 East Park Avenue - Duplex - Variance (VAR-2021-0018) December 13, 2021 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 1-4). 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. Staff does not believe 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. • Many of the lots in Sunset View (D.B. 111, Pg. 169) were platted/deeded at sizes that make them non-conforming under current zoning. There appear to be other duplexes on other non- conforming lots in the Sunset View Subdivision or on combined lots in this subdivision. Most of these lots or combined lots do not meet the R-10 development area per dwelling unit standard of 15,000 square feet for two units. • The lot can still be developed with one dwelling unit under current zoning, so no undue hardship has been imposed on the property owner. As long as the owner still has a reasonable opportunity to exercise his right to develop, the restriction of such options can only be considered a “mere inconvenience” to develop a duplex and not a “particular hardship.” B. The conditions upon which the petition for a variance is based would not be applicable, generally, to other property within the same district. • Were this variance granted, it would not allow a similar variance to be granted to every non- conforming lot within the city, in the neighborhood or in the subdivision. 5 East Park Avenue - Duplex - Variance (VAR-2021-0018) December 13, 2021 C. The variance will not authorize activities in a zone district other than those permitted by this Ordinance. • Granting this variance will not permit other lots across to receive similar variances when the lot sizes do not match currently approved zoning. D. Financial returns only shall not be considered as a basis for granting a variance. • If granted, the variance would allow the more intense development of a small lot than would be reasonable with the surrounding neighborhood and allow additional revenue to the owner on the substandard lot size. The financial returns realized by granting the variance may not be the sole basis for this request—the applicant stated that there is no financial benefit to the owner of this property by receiving the 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 owner and developer of the property did not create the dilemma concerning their request. This situation existed previously with 1979 Zoning Code and continues under the existing code. This information was available to the applicant 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. • 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 on this size lot as anyone attempting to develop in a similar way on a similar size lot or even a substantially larger lot to also obtain a variance from this Board. It would create a density out of character with the existing properties in the vicinity. G. The variance is the minimum variance that will make possible the reasonable use of the land, building, or structure. • If approved, this request would be the minimum variance needed to accommodate two units (duplex) on the property. 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 substantial effect on adjacent property or nearby property owners and could encourage many other property owners to seek a similar variance. This could change the neighborhood character. The structure would otherwise 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. • 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 since the duplex building would comply with required area bulk and setback requirements. It would result in additional impervious surface than what one would usually construct on a small lot. Park Avenue is a local street with very little traffic in an area with a well-connected street system. 6 East Park Avenue - Duplex - Variance (VAR-2021-0018) December 13, 2021 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 would grant a 219% variation in lot size to provide for a use. The lot is non- conforming and is only 69% of the maximum size for a lot in the R-10 district for a single- family dwelling unit. Allowing two units on the property would further exacerbate the inconsistency of dwelling in the area. This various will cause substantial detriment to the public good and will substantially impact the intent of the City’s zoning plan and ordinance, and could result in many more such variances being requested in this area in conjunction with a CUP for a duplex. The variance opens the opportunity to use the property for a duplex which creates a greater density than other lots in the subdivision. It does not meet the intent of the R10 zone district regulations of the Gallatin Zoning Ordinance. 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. Engineering Department Comments The Engineering Division reviewed the variance request, and all comments have been addressed. Other Departmental Review Comments Other City Departments reviewed the variance request, and all comments have been addressed. RECOMMENDATION Staff recommends that the Gallatin Municipal Board of Zoning Appeals deny GMBZA Resolution No. 2020-004. ATTACHMENTS Attachment 1-1 Location Map Attachment 1-2 Site Plan Attachment 1-3 GOTM 2020 Plan, Town Neighborhood Established Character Area Attachment 1-4 Applicants response to the Standards for Variance 7  EAST PARK AVENUE VARIANCE/CUP ATTACHMENT 1-1 Westland Schell Jones Park Maple n Witherspoo Morningside Sumner Cross Hite ter Wa Tupper Elleta James James Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community Ü Legend 0 215 430 860 Feet SITE Railroad DISCLAIMER:This product is for informational purposes and may not have been preparedorfor, be suitable for legal, engineering, or surveying purposes. Users of this information should review or consult Streams the primary data and information sources to ascertain the usability of the information. ATTACHMENT 1-2 ATTACHMENT 1-3 ATTACHMENT 1-3 ATTACHMENT 1-4 November 8, 2021 City of Gallatin 132 West Main Street Gallatin, Tennessee 37066 Re: Variance Request – Adcock Park Avenue 227 Park Avenue East Gallatin, Tennessee 37066 Planning: The current owners would like to request a standard variance for the above-referenced project. The current lot size is 6,848.31 SF. We are requesting a variance of 8,151.69 SF from the required 15,000 SF for a duplex. We are also requesting a variance of 10’ from the required minimum lot width of 60’. The existing lot sizes and parcel zoning present the hardship. Other properties in the area are already developed, therefore the petition for the variance would not be applicable. No unauthorized activity for this zone is being requested. There is no financial benefit to the owners of this property by receiving the variance. The hardship was not created by anyone with an interest in this property. We feel this request is reasonable and would be as such for any other property in the area. The minimum variance needed is being requested. The granting of this request is not detrimental to the public welfare or injurious to other properties in the area. The request will not impair the supply of light and air to adjacent property or increase the congestion in the area. The granting of this variance will not impact the public good or the intent and purpose of the zoning plan and zoning. If our office may be of further assistance to you on this project, please contact us at your convenience. Sincerely, John A. Leath, P.E. GreenLID Design GreenLID Design, LLC 114 B West Main Street Gallatin, TN 37066 (T): 615-230-7269 ITEM 2 GMBZA Resolution No. 2021-08 A RESOLUTION OF THE CITY OF GALLATIN MUNICIPAL BOARD OF ZONING APPEALS APPROVING A CONDITIONAL USE PERMIT FOR A DWELLING TWO- FAMILY – DUPLEX RESIDENTIAL FACILITY, ON A 6,848.5 +/- SQUARE FOOT LOT (LOT 19, BLOCK B, SUNSET VIEW SUBDIVISION), ZONED R10–MEDIUM DENSITY RESIDENTIAL, LOCATED SOUTH OF EAST PARK AVENUE AND EAST OF SOUTH WATER AVENUE (TAX MAP 126F, GROUP K, PARCEL 034.00) (CUP-2021-0011). WHEREAS, THE CITY OF GALLATIN, TENNESSEE MUNICIPAL BOARD OF ZONING APPEALS considered the Conditional Use Permit request for a Dwelling Two-Family – Duplex Residential use, submitted by the applicant, GreenLID Design, on December 16, 2021; 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 the evidence and testimony presented during the meeting, and held a public hearing as required by Article 15, Section 15.06.020 G.Z.O.; and WHEREAS, THE CITY OF GALLATIN MUNICIPAL BOARD OF ZONING APPEALS is required in its deliberations, pursuant to Gallatin Zoning Ordinance Section 15.04.028.F, to indicate the specific section of the Zoning Ordinance of Gallatin, Tennessee, under which the permit is being considered and state specific findings and any special conditions imposed in granting a Conditional Use Permit; and WHEREAS, the Section 06.06.020.C of the Zoning Ordinance of Gallatin, Tennessee classifies Dwelling Two-Family – Duplex as a Conditional Use in the R10–Medium Density Residential zone district; and WHEREAS, the applicant obtained a variance for lot size that would provide a basis for condition of a Condition Use Permit; and NOW BE IT FURTHER RESOLVED THAT THE CITY OF GALLATIN, TENNESSEE MUNICIPAL BOARD OF ZONING APPEALS approves a Conditional Use Permit for a Dwelling Two-Family – Duplex Residential facility located at Tax Map 126F, Group K, Parcel 034.00 (Lot 19, Block B, Sunset View Subdivision) with the following conditions: 1. The Conditional Use Permit shall be consistent with the one (1) sheet Conditional Use Permit plan prepared by GreenLID Design of Gallatin, TN, project number 21.101G, dated December 10, 2021. The plan shall be modified to: • Correct the zoning on the plan to R-10 and revise acreage in the Site Data Table. • Revise Bulk and Area Regulations to list zoning minimum lot area as 10,000 square feet with 6848.5 square feet provided and add that per Section 06.06.030.B. reference to the table. • Final addresses must be assigned by E-911. • Revise Project Description to clarify the request for Two-Family Dwelling – Duplex instead of Multi-Family.  ITEM 2 2. Submit a site plan to Planning Commission for review and approval. Architecture shall be submitted to the Planning Commission for final review and approval. 3. The use of the subject property shall be limited to a Dwelling Two-Family Duplex use on Lot 19, Block B, Sunset View Subdivision (Deed Book 111, Page 169) and accessory uses associated with the Duplex facility or other principal permitted use and structures in the R10–Medium Density Residential zoned district. 4. Submit a PDF and DWG of the corrected CUP plan to the Planning Department for final review. 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: 12/16/2021 ____________________________ Jimmy Moore, Chairman ____________________________ John Puryear, Secretary APPROVED AS TO FORM: _________________________________ Susan High-McAuley City Attorney  ITEM 2 PLANNING DEPARTMENT STAFF REPORT Conditional Use Permit for Lot 19, Block B, Sunset View Subdivision—D.B. 111, Pg. 169 (Adcock CUP) (CUP-2021-0011) Located at south of East Park Avenue and east of South Water Avenue Date: December 16, 2021 PUBLIC HEARING REQUEST: OWNER AND APPLICANT REQUEST APPROVAL OF A CONDITIONAL USE PERMIT FOR A DWELLING TWO-FAMILY – DUPLEX RESIDENTIAL FACILITY, ON A 6,848.5 +/- SQUARE FOOT LOT (LOT 19, BLOCK B, SUNSET VIEW SUBDIVISION), ZONED R10–MEDIUM DENSITY RESIDENTIAL, LOCATED SOUTH OF EAST PARK AVENUE AND EAST OF SOUTH WATER AVENUE (TAX MAP 126F, GROUP K, PARCEL 034.00). OWNER: JASON ADCOCK APPLICANT: GREENLID DESIGN, LLC STAFF RECOMMENDATION DENIAL OF GMBZA RESOLUTION NO. 2021-08 STAFF CONTACT: SHARON BURTON MBZA MEETING DATE: DECEMBER 16, 2021 PROPERTY OVERVIEW: Owner and applicant request approval of a Conditional Use Permit for a Dwelling Two-Family – Duplex Residential Facility, on a 6,848.5 +/- square foot lot (Lot 19, Block B, Sunset View Subdivision), zoned R10–Medium Density Residential, located at south of East Park Avenue and east of South Water Avenue (Tax Map 126F, Group K, Parcel 034.00). The use will consist of a two-family duplex residential structure with four (4) parking spaces. A Dwelling Two-Family - Duplex Residential use requires a conditional use permit in the R10 zone district. A minimum lot area of 7500 square feet per unit is required for a Conditional Use Permit. The adjacent property owners were notified by mail about the Conditional Use Permit request and a sign was posted on the site. A Public Hearing shall be held on the item at the meeting. Staff recommends denial of GMBZA Resolution No. 2021-08 since the project does not meet the Bulk Regulations of the R10 zone district. CASE BACKGROUND: Property History and Previous Approvals Sunset View Subdivision was recorded in Deed Book 111, Page 169 on 11/13/36. The lots were platted before establishment of zoning and are generally about 6250 square feet in size. The property was zoned R-10 at least since before 1979. Most of the houses were built in the 1930’s and 1940’s. CUP for East Park Avenue (CUP-2021-0011) December 16, 2021 On May 1, 1979, the City Council adopted a new Zoning Ordinance and Map (Ordinance No. 079- 92). Under the 1979 Zoning Ordinance, two-family detached dwellings (duplexes) were a permitted use in the R10 district. However, Section 36-103.3 of that Ordinance required a lot (development) area of 7,500 square feet per dwelling unit. On July 7, 1998, the City of Gallatin adopted a new Zoning Ordinance (Ordinance No. 09806-035) for Multi-Family Dwelling and Two-Family Dwelling units that required a conditional use permit in the R10 district. Because of the small size of the lot, a variance is required from Section 06.06.030.B before the duplex use can be approved (VAR-2021-0018). DISCUSSION: Proposed Development The owner and applicant request approval of a Conditional Use Permit for a Dwelling Two-Family – Duplex Residential Facility, on a 6,848.5 +/- square foot lot (Lot 19, Block B, Sunset View Subdivision), zoned R10–Medium Density Residential, located at Tax Map 126F, Group K, Parcel 034.00. The use will consist of a two-family/duplex residential structure with four (4) parking spaces. The proposed 2,400-square foot two-story duplex is an activity that would generally have a low level of impact on the surrounding properties. The applicant could develop a single-family home on the lot. However, an additional dwelling unit would alter the establish character of the neighborhood. The conditional use site plan includes a 2,400-square foot building on a 6,848.5-square foot lot with a rear bufferyard consisting of four trees. Four (4) parking spaces are proposed to the rear of the duplex accessed by a 16-foot-wide shared with the residence on the adjacent lot. If the CUP is approved, the applicant shall submit for site plan approval to the Planning Commission. In conjunction with the CUP application, the applicant has also requested a variance to place the duplex on a lot that is only 45% of the minimum lot size required by Section 06.06.030.B, G.Z.O. No portion of the lot is within a special flood hazard area according to FEMA FIRM Map, Community Panel No. 47165CO314G, dated April 17, 2012. The property is in Zone “X.” Adjacent or Area Uses Many of the lots in Sunset View (D.B. 111, Pg. 169) were platted/deeded at sizes that make them non-conforming under current zoning. However, there appear to be other duplexes on other lots in the Sunset View Subdivision. There are similarly sized lots and many other lots that are larger in this subdivision, but few of them meet the R-10 development area per dwelling unit standard of 15,000 square feet for two units. Gallatin on the Move 2020 General Development and Transportation Plan The Gallatin on the Move 2020 General Development Plan designates the property as part of the Town Neighborhood Established Character Area (Attachment 1-4). Single-Family residences, apartments, and townhomes are the primary appropriate uses for this character area. Distinctly the character area “consists primarily of detached one-family homes.” The intent includes to “support appropriate infill development” with a development strategy to: • Accommodate a variety of housing types • Accommodate infill development that respects the scale, setback, and style of existing houses 2 CUP for East Park Avenue (CUP-2021-0011) December 16, 2021 • To locate duplexes, townhomes, and multi-family units at key intersections and when fill services, public facilities, and routes of potential public transportation are available, and • To guide infill development with sub-area or neighborhood specific plans that identify specific locations appropriate for attached one-family and apartment developments. Access Access to Park Avenue will be via a 16-foot-wide shared driveway along the eastern property boundary. Parking The minimum required parking for duplex residential developments is two (2) spaces per dwelling unit. The plan indicates four (4) spaces in the rear of the building serving the two (2) dwelling units. Architectural Features The applicant did not submitted architectural elevations, although the plan indicates that the duplex will be constructed of Hardy board and a metal roof to match the adjacent residence. Final architecture will be a requirement for site plan approval. Signage No signage is proposed for this development. If any signs are proposed, the owner and applicant shall submit a signage plan meeting the requirements of the Gallatin Zoning Ordinance, Section 13.7, and obtain sign permits from the Planning Department prior to the installation of any signage on site. General Requirements for Conditional Use Permit Section 15.06.040 of the Gallatin Zoning Ordinance outlines the general requirements for granting a Conditional Use Permit. The applicant's request does not meet the general requirements as listed below. A Conditional Use Permit shall only be granted provided that the Board finds that it: A. Is so designed, located, and proposed to be operated so that the public health, safety and welfare will be protected; • The request for a Conditional Use Permit for a Dwelling Two-Family – Duplex Residential use, on Lot 19, Block B, Sunset View Subdivision (Tax Map 126F, Group K, Parcel 034.00), will adversely impact the public health, safety, or welfare of the area since a duplex changes the character of the majority of the subdivision/neighborhood and the property could be developed with a single dwelling unit. An additional dwelling unit may not produce a significantly greater impact to public infrastructure capacity than if the property were developed under the provisions which do not require a Conditional Use permit, but it does create a non-traditional housing type to the subdivision. Mature trees exist along the rear property line to buffer the use. • The Dwelling Two-Family - Duplex Residential use will utilize public water, sanitary sewer, and power sources from the appropriate utility companies. The property is 6,848.5 +/- square feet, which makes it a non-conforming lot for even a single dwelling unit per the minimum lot size standards of the R10 zone. The lot is only 45% of the minimum size needed for consideration of a CUP. Section 06.06.030.B, G.Z.O., requires that no dwelling shall be 3 CUP for East Park Avenue (CUP-2021-0011) December 16, 2021 permitted on a zone lot with a total development area of less than 7,500 square feet per dwelling unit. This lot would have to be at least 15,000 square feet to be eligible for the Conditional Use Permit without a variance for lot size. • Parking for the Dwelling Two-Family - Duplex Residential facility will be located behind the building away from public view. B. Will not adversely affect other property in the area in which it is located; • Nearly all lots in the Sunset View Subdivision include single-dwelling units on one lot. There are some lots with duplexes although many of these may be non-conforming. Staff is researching the legal status of existing duplexes on single lots in this subdivision. • The Dwelling Two-Family - Duplex residential development should not have significant adverse effects on other properties in the area, especially as there are a few other duplexes in the neighborhood. The duplex will not create unusual noise, light, or other adverse conditions, which would violate the Performance Standards Regulations of the Gallatin Zoning Ordinance, Section 13.02. The owner and applicant indicated that the facility shall comply with all Performance Standards Regulations of the Gallatin Zoning Ordinance. Single-family residential structures surround the property. C. Is within the provisions of "Conditional Uses" as set forth in this Ordinance; • Dwelling Two-Family - Duplex Residential use is a conditional use residential activity in the R10 zone district per Section 06.06.020.C provided that at least 7,500 square feet of development area is provided per unit. Only 3424 square feet per unit is proposed with this Conditional Use Permit. D. Conforms to all applicable provisions of this Ordinance for the district in which it is to be located and is necessary for public convenience in that location. • This use does not comply with the bulk regulations of the R10 zone district; viz., “Minimum Development Area Per Dwelling Unit” (Section 06.06.030.B, G.Z.O.), which requires each dwelling unit to have at least 7,500 square feet of development area. The subject property is only 6,848.5 square feet in size, which is a nonconforming lot even for a single-family home in the R-10 District (minimum required lot area is 10,000 square feet). The lot does not meet the minimum development area per dwelling unit standard for a two-family dwelling in the R10 district. • If approved, a site plan must be submitted for Planning Commission review and a building permit application shall be submitted to the Code Department meeting all applicable regulations of the Gallatin Zoning Ordinance. Special Conditions There are no Special Conditions required for a Dwelling Two-Family – Duplex Residential Use. 4 CUP for East Park Avenue (CUP-2021-0011) December 16, 2021 Planning Department Comments The Planning Department reviewed and commented on the Conditional Use Permit. Planning Department does not support the applicant’s request. Engineering Division Comments The Engineering Division reviewed and commented on the Conditional Use Permit. These are included as conditions of approval. Other Departmental Comments The other City Departments reviewed and commented on the Conditional Use Permit. These are included as conditions of approval. Findings The owner and applicant submitted responses addressing the General Requirements pertaining to the proposed Conditional Use Permit for a Dwelling Two-Family - Duplex use, which is included as part of the Conditional Use Permit request. Additional information concerning the requirements is provided below. RECOMMENDATION: The Planning Department recommends denial of GMBZA Resolution 2021-08. ATTACHMENTS Attachment 2-1 Location Map Attachment 2-2 Conditional Use Permit Site Plan Attachment 2-3 Surrounding Zoning and Development (aerial) Attachment 2-4 Gallatin on the Move 2020 Plan Town Neighborhood Established Character Area Attachment 2-5 Applicant’s Letter Addressing the CUP Application 5  EAST PARK AVENUE VARIANCE/CUP Westland ATTACHMENT 2-1 Schell Jones Park Maple n Witherspoo Morningside Sumner Cross Hite ter Wa Tupper Elleta James James Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community Ü Legend 0 215 430 860 Feet SITE Railroad DISCLAIMER:This product is for informational purposes and may not have been preparedorfor, be suitable for legal, engineering, or surveying purposes. Users of this information should review or consult Streams the primary data and information sources to ascertain the usability of the information. ATTACHMENT 2-2 ATTACHMENT 2-3 ATTACHMENT 2-4 ATTACHMENT 2-4 ATTACHMENT 2-5 November 8, 2021 City of Gallatin 132 West Main Street Gallatin, Tennessee 37066 Re: Adcock Park Avenue - Conditional Use Permit 227 E Park Avenue Gallatin, TN 37066 Map 126F, Group K, Parcel 034.00 RB 2984, PG 28, R.O.S.C., TN This project will not have an adverse impact upon adjoining properties or the neighborhood in which this conditional use is proposed. This project will not have a negative effect upon traffic congestion, overcrowding of schools, availability of necessary public utilities. This project and its use is well suited for the site. If our office may be of further assistance to you on this project please contact us at your convenience. Sincerely, John A. Leath, P.E. GreenLID Design GreenLID Design, LLC 114 B West Main Street Gallatin, TN 37066 (T): 615-230-7269