Municipal Board of Zoning Appeals

Agenda Gallatin Municipal Board of Zoning Appeals Thursday, February 24, 2022 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 • December 16, 2021 Municipal Board of Zoning Appeals Minutes • Election of Officers: Resolution GMBZA-2022-001 REGULAR AGENDA 1. MBZA RESOLUTION NO. 2022-002 CUP-2022-0012 CHILDREN ARE PEOPLE, INC. – CONDITIONAL USE PERMIT ROGER MATCHETT & ASSOCIATES ARCHITECTS THE OWNER AND APPLICANT REQUEST APPROVAL OF A CONDITIONAL USE PERMIT FOR THE LIMITED CHILD CARE USE IN AN EXISTING BUILDING, ON A 1.29 +/- ACRE LOT, ZONED IR-INDUSTRIAL RESTRICTIVE, LOCATED AT 805 TEAL DRIVE (PARCEL 125E/A/010.00). 2. MBZA RESOLUTION NO. 2022-003 VAR-2022-0019 SUMNER COUNTY PARKING GARAGE - VARIANCE KIMLEY-HORN THE OWNER AND APPLICANT REQUEST APPROVAL OF VARIANCE OF 22 FEET AND FOUR (4) INCHES TO ALLOW A MAXIMUM BUILDING HEIGHT OF 57 FEET 4 INCHES, ON A 0.83 +/- ACRE PARCEL, ZONED CC-CORE COMMERCIAL, LOCATED AT 120 N BOYERS AVENUE (PARCELS 126C/F/006.00 (P/O) AND 126C/F/007.00). 3. OTHER BUSINESS 4. ANNOUNCEMENTS 5. MOVE TO ADJOURN  MINUTES OF THE GALLATIN MUNICIPAL BOARD OF ZONING APPEALS MEETING December 16, 2021 Members Present Staff Present Jimmy Moore, Chair William McCord, Director of Planning Drew Schreiner, Vice Chair Leticia Alexander, Staff Attorney Jeannie Gregory Marianne Mudrak, Board Secretary Absent Others Present John Puryear Applicant The Gallatin Municipal Board of Zoning Appeals met in a regular meeting on Thursday, December 16, 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. Schreiner led the Pledge of Allegiance. Ms. Mudrak called the roll. Chair Moore motioned to approve the October 28, 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. 2021-07 – East Park Avenue Duplex – Variance (VAR-2021-0018) - 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 (Tax Map 126F/K/034.00), zoned R10-Medium Density Residential, located south of East Park Avenue and east of South Water Avenue. Mr. William McCord, Director of Planning, said he would discuss Items 1 and 2 together. He said the applicant is requesting a variance 8,151 square feet from the lot size minimum of 15,000 square feet to construct a duplex. He said most lots in the subdivision are 6,500 square feet and are non-conforming lots. The code requires 14,000 square foot lots in the R10-Medium Density Residential District. The existing zoning was established after the subdivision was developed in the 1940’s or 1950’s. A duplex requires 15,000 square feet in the R10 zone district. Planning records do not show a Condition Use Permit was approved for any of the existing duplexes in the neighborhood. Staff recommends denial of Resolution No. 2021-07. Mr. McCord said Staff also recommends denial of the Conditional Use Permit (Resolution No. 2021-08). He said a single house could be built if the setback requirements are met. Gallatin Municipal Board of Zoning Appeals Meeting Minutes 2 December 16, 2021 Vice Chair Schreiner asked how the existing duplexes were allowed in this neighborhood. Mr. McCord said the existing duplexes were built before the zoning was applied to the area. Ms. Gregory asked if the lot is now vacant. Mr. McCord said the lot is vacant. Chair Moore opened the public hearing. No one came forward to speak; therefore, Chair Moore closed the public hearing. Mr. Andy Leath, with GreenLid Design, LLC, representing the applicant, said he explained the process to his client; however, the client wanted to pursue the request. The argument is that there are existing duplexes in the subdivision, including one adjacent to this property. He said the applicant intends construct a duplex and share a driveway with the existing, adjacent duplex, since he owns both properties. Chair Moore asked if the applicant could build a house on this property. Mr. McCord said the applicant can build a two story house on this property. Ms. Gregory motioned to deny Resolution No. 2021-07, based on Staff’s due diligence and recommendation. Vice Chair Schreiner seconded the motion to deny the request and the motion passed by 3 ayes; 0 nays. Item 2: GMBZA Resolution No. 2021-08 – East Park Avenue Duplex – Conditional Use Permit (CUP- 2021-0011) – 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, (Tax Map 126F/K/034.00) zoned R10-Medium Density Residential, located south of East Park Avenue and East of South Water Avenue. Ms. Gregory motioned to deny Resolution No. 2021-08 because the variance was denied. Vice Chair Schreiner seconded the motion and the motion passed by 3 ayes; 0 nays. Item 3: Other Business Mr. McCord informed the Board that the City may rezone the neighborhood. He said this type of situation exists in other locations in Gallatin. Chair Moore said this should be reviewed in 2022. Item 4: Announcements There were no announcements. Gallatin Municipal Board of Zoning Appeals Meeting Minutes 3 October 28, 2021 Item 5: Adjourn There being no further business to discuss, Chair Moore adjourned the meeting at 5:52 p.m. Respectively Submitted: ________________________________ Marianne Mudrak, Board Secretary Approved: ________________________________ ____________________________ Jimmy Moore, Chair John Puryear, Secretary  GMBZA Resolution No. 2022-001 RESOLUTION FOR THE ELECTION OF 2022 GALLATIN MUNICIPAL BOARD OF ZONING APPEALS OFFICERS-CHAIR, VICE-CHAIR, AND SECRETARY WHEREAS, THE CITY OF GALLATIN MUNICIPAL BOARD OF ZONING APPEALS considered the Election of Officers submitted by the applicant, the City of Gallatin; WHEREAS, THE CITY OF GALLATIN MUNICIPAL BOARD OF ZONING APPEALS voted on the election of Chair, Vice-Chair, and Secretary of the Gallatin Municipal Board of Zoning Appeals for 2022; WHEREAS, THE CITY OF GALLATIN MUNICIPAL BOARD OF ZONING APPEALS pursuant to T.C.A. 13-7-205, and Article 15, Section 15.04.025, Gallatin Zoning Ordinance is authorized to elect officers each year for the Board of Appeals; NOW THEREFORE BE IT RESOLVED BY THE GALLATIN MUNICIPAL BOARD OF ZONING APPEALS as follows. Section 1. Action – The Gallatin Municipal Board of Zoning Appeals hereby approves the Election of Officers as follows: 1. Chair: 2. Vice-Chair: 3. Secretary: 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:  ______________________ Jimmy Moore, Chairman ____________________________ John Puryear, Secretary APPROVED AS TO FORM: __________________________________ Susan High-McAuley, City Attorney Item 1 GMBZA Resolution No. 2022-0012 A RESOLUTION OF THE GALLATIN MUNICIPAL BOARD OF ZONING APPEALS APPROVING A CONDITIONAL USE PERMIT FOR A LIMITED CHILD CARE USE FOR (CHILDREN ARE PEOPLE, INC) PER SECTION 09.02.010.D OF THE GALLATIN ZONING ORDINANCE, ON A 1.25 +/- ACRE LOT (TAX MAP 125E, GROUP A, PARCEL 010.00), ZONED IR – INDUSTRIAL RESTRICTIVE DISTRICT, LOCATED AT 805 TEAL DRIVE (FILE NO. CUP-2022-0012). WHEREAS, THE CITY OF GALLATIN, TENNESSEE MUNICIPAL BOARD OF ZONING APPEALS considered the Conditional Use Permit request for the Limited Child Care use at 805 Teal Drive submitted by the applicant, Matchett & Associates, at its regular meeting on February 24, 2022; and WHEREAS, THE CITY O F G A L L A T I N , 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 held a public hearing as required by Article 15, Section 15.06.020 Gallatin Zoning Ordinance; and WHEREAS, THE CITY O F G A L L A T I N , TENNESSEE 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, Section 09.02.010.D of the Zoning Ordinance of Gallatin, Tennessee classifies the Limited Child Care use as a Conditional Use in the IR – Industrial Restrictive Zone District and the use complies with the Special Conditions for Limited Child and Adult Care Facilities in the Commercial General district as described in Sec. 15.06.050.A. NOW, THEREFORE, BE IT RESOLVED THAT THE GALLATIN, TENNESSEE MUNICIPAL BOARD OF ZONING APPEALS finds that the applicant meets the Standards for a Conditional Use for the Limited Child Care use set forth in Gallatin Zoning Ordinance Sections 15.06.030, 15.06.040, and 15.06.050 as follows: Section 1. The Gallatin Municipal Board of Zoning Appeals in its deliberations finds that the applicant meets the General Requirements set forth in Gallatin Zoning Ordinance § 15.06.040 as follows: A. The use is so designed, located, and proposed to be operated so that the public health, safety and welfare will be protected; B. The use will not adversely affect other property in the area in which it is Item 1 located. C. The use is within the provisions of "Conditional Uses" as set forth in this Ordinance. D. The use conforms to all applicable provisions of this Ordinance for the IR – Industrial Restrictive zoned district and is necessary for public convenience in that location. Section 2. The Gallatin Municipal Board of Zoning Appeals finds that the applicant meets the Special Conditions for Limited Child and Adult Care Facilities set forth in Gallatin Zoning Ordinance § 15.06.050.A as follows: 1. The Limited Child Care Facility development will meet all lot size, setback, and lot coverage standards of IR – Industrial Restrictive District. 2. All bulk regulations of said zone will be met. 3. A minimum of one accessory off-street parking space for each five persons accommodated will be provided. 4. Sidewalks will be provided between the building and all required public parking spaces. 5. All public utilities and sewage disposal will be available on site and is subject to approval by the competent authority. 6. All state regulations pertaining to this use will be met. 7. The facility will be compatible with the surrounding area and provide safety to those using it. 8. Fencing, screening, and landscaping will be provided as required by Article 13.00, G.Z.O., and as appropriate to protect the surrounding area. 9. Upon approval, the site and architectural plans for the facility will be subject to approval by the Planning Commission. BE IT FURTHER RESOLVED THAT THE CITY OF GALLATIN, TENNESSEE MUNICIPAL BOARD OF ZONING APPEALS approves a Conditional Use Permit request for the Limited Child Care use located on a 1.29-acre parcel (Tax Map 125E, Group A, Parcel 010.00) at 805 Teal Drive with the following conditions: 1. The use of the subject property shall be limited to permitted uses in the IR Industrial Restrictive District and the Limited Child Care use as shown on the site plan. Further expansion of the Limited Child Care use shall require approval from the Board of Zoning Appeals. 2. The applicant shall obtain approval of a site plan from the Planning Commission complying with Article 15.03.020 and Sec. 15.03.050. A meeting all design requirements of the Gallatin Zoning Ordinance except for location of the building on the lot. Item 1 3. Obtain a life safety inspection prior to issuance of a certificate of occupancy from the building/code department. 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: John Puryear, Vice-Chair Homer Vaughn, Secretary APPROVED AS TO FORM: SUSAN HIGH-MCAULEY CITY ATTORNEY  ITEM 1 PLANNING DEPARTMENT STAFF REPORT Children are People Conditional Use Permit Request Located at 805 Teal Drive (CUP-2022-0012) Date: February 24, 2022 PUBLIC HEARING REQUEST: THE OWNER AND APPLICANT REQUEST APPROVAL OF A CONDITIONAL USE PERMIT FOR A LIMITED CHILD CARE USE FOR (CHILDREN ARE PEOPLE, INC) PER SECTION 09.02.010.D OF THE GALLATIN ZONING ORDINANCE, ON A 1.25 +/- ACRE LOT (TAX MAP 125E, GROUP A, PARCEL 010.00), ZONED IR – INDUSTRIAL RESTRICTIVE DISTRICT, LOCATED AT 805 TEAL DRIVE. OWNER: CHILDREN ARE PEOPLE, INC APPLICANT: MATCHETT & ASSOCIATES STAFF RECOMMENDATION: APPROVAL OF GMBZA RESOLUTION STAFF CONTACT: VALERIA MARTINEZ PLANNING COMMISSION DATE: PROPERTY OVERVIEW: The owner and applicant request approval of a Conditional Use Permit for Limited Child Care, per Section 09.02.010.D of the Gallatin Zoning Ordinance, on a 1.29+/- acre lot, zoned IR-Industrial Restricted, located at 805 Teal Drive (Tax Map 125E, Group A, Parcel 010.00) The applicant proposes to renovate an existing building for a Limited Child Care facility on the property. The Limited Child Care use requires a conditional use permit in the IR zone district. The adjacent surrounding property owners were notified by mail about the Conditional Use Permit request and a Public Hearing shall be held on the item at the meeting. Staff recommends approval of the Conditional Use Permit request, with the conditions listed on GMBZA Resolution No.2022-0012 CASE BACKGROUND: Previous Approvals The property at 805 Teal Drive was previously approved for a Conditional Use Permit for Group Assembly Limited, at the November 25th, 1996 BZA meeting (File No. 3-24-96). With the zoning ordinance update in 1998, Group Assembly Limited was removed as a Conditional Use in the IR Zone. BZA did not place a time frame on the Conditional Use. DISCUSSION: Analysis The owner and applicant requests approval of a Conditional Use Permit for a Limited Child Care use for (Children are People, Inc) per Section 09.02.010.D of the Gallatin Zoning Ordinance, on a 1.29 +/- acre lot (Tax Map 125E, Group A, Parcel 010.00), zoned IR- Industrial Restrictive, located at 805 Teal Drive. The applicant proposes to repurpose an existing 6,627 sf building into a daycare facility. The 18’ tall single story building is constructed with brick and siding on all four elevations. Access The site currently has two driveways, to Teal Drive. Both driveways are lead to a parking lot and the side of the building. Parking Parking requirements are based on the use of the property. One of the special conditions for allowing the Limited Child Care per, Section 15.06.050.A.3, is that one off-street parking space shall be provided for each five persons the day care accommodates. A maximum total of 100 students could be accommodated, which requires a minimum of parking spaces of at least 20. One (1) of the spaces are handicap accessible based on the requirements of Table 11-02 in Section 11.07, and van accessible per the 2010 ADA Standards for Accessible Design. The proposed spaces are 9 feet wide and 18 feet long. A two-foot reduction from the normal 20-foot length is permitted when the spaces are designed to permit vehicles to overhang onto a landscaped area. Findings The owner and applicant did not address in writing the General Requirements pertaining to the proposed Conditional Use Permit for a Limited Child Care use. The city’s findings in relation to these questions are included below. 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 meets the general requirements as listed below. A Conditional Use Permit shall 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 Limited Child Care use on Tax Map 125E, Group A, Parcel 010.00 at 805 Teal Drive, will not significantly impact the public health, safety, or welfare of the area since the area is zoned 2  as an Industrial Restrictive District and the site design complies with code. The development, which will house no more than 100 students, will generate a very low volume of traffic and will not overwhelm the transportation system. • The daycare center will utilize public water, sanitary sewer, and power sources from the appropriate utility companies. • Parking for the use will be located in the side of the building. However, the applicant must submit a place with the code required parking to be approved by the Planning Commission. • The building will be located at least 15 feet from adjacent property boundaries, which is compliant with code required side setbacks. • The development is constructed with stormwater/detention basins that provide water quality and quantity treatment. B. Will not adversely affect other property in the area in which it is located; • The daycare center should not adversely affect other properties in the area. • The center 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 provided that the use complies with all Performance Standards Regulations of the Gallatin Zoning Ordinance. C. Is within the provisions of "Conditional Uses" as set forth in this Ordinance; • The Limited Child Care use is a legal conditional use in the IR- Industrial Restrictive zone district per Section 09.02.010.D and the Gallatin Zoning Ordinance 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 will comply with all applicable provisions of the Gallatin Zoning Ordinance, including all setback, height, area, and bulk regulations and all Performance Standards Regulations, and it will provide needed child care services within the community. 3 Special Conditions for Limited Child and Adult Care Facilities Section 15.06.050.A of the Gallatin Zoning Ordinance outlines special conditions for limited child and adult care facilities. The applicant's request meets all of the special conditions as described below. A Conditional Use Permit shall be granted provided that the Board finds that: In addition to the standards contained in this Ordinance, the Zoning Board of Appeals specifically finds that there will be no adverse impact upon adjoining properties or the neighborhood in which the child care center is proposed. In making this finding, the Board considers the effect upon traffic congestion, overcrowding of schools, availability of necessary public utilities, and suitability of the site for the use, and such other factors as the Board deems necessary. 1. The Limited Child Care Facility development will meet all lot size, setback, and lot coverage standards of IR- Industrial Restrictive District. 2. All bulk regulations of said zone will be met. 3. A minimum of one accessory off-street parking space for each five persons accommodated will be provided. 4. Sidewalks will be provided between the building and all required public parking spaces. 5. All public utilities and sewage disposal will be available on site and is subject to approval by the competent authority. 6. All state regulations pertaining to this use will be met. 7. The facility will be compatible with the surrounding area and provide safety to those using it. 8. Fencing, screening, and landscaping will be provided as required by Article 13.00, G.Z.O., and as appropriate to protect the surrounding area. 9. Upon approval, the site and architectural plans for the facility will be subject to approval by the Planning Commission. RECOMMENDATION: Staff recommends that the Gallatin Municipal Board of Zoning Appeals approve GMBZA Resolution No. 2022-0012 4 ATTACHMENTS: Attachment 1-2 Location Map 5 Attachment 1-1 805 Teal Drive 2/22/2022, 11:49:47 AM 1:2,257 0 0.01 0.03 0.06 mi Override 1 City Limits 0 0.02 0.04 0.09 km 911 Addresses Historic District Railroad City Parcels Tennessee STS GIS, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA, Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user Street Centerlines community, Sumner County 911, Gallatin GIS This product is for informational purposes and may not have been ITEM 2 GMBZA Resolution No. 2022-003 RESOLUTION OF THE CITY OF GALLATIN, TENNESSEE MUNICIPAL BOARD OF ZONING APPEALS APPROVING A VARIANCE OF 22 FEET AND FOUR (4) INCHES TO ALLOW A 57 FOOT 4 INCH MAXIMUM BUILDING HEIGHT FOR THE SUMNER COUNTY COURTHOUSE GARAGE (TAX MAP 126C, GROUP F, PARCEL 006.00 (P/O) AND PARCEL 007.00), TOTALING 0.852 +/- ACRES, ZONED CC-CORE COMMERCIAL DISTRICT, LOCATED AT 120 N BOYERS AVENUE (VAR-2022-0019). 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 twenty-two feet and four inches (22’-4”) from the required 35-foot maximum building height at the property line, to allow for a 57’-4” Sumner County Courthouse Parking Garage building height on Tax Map 126C, Group F, Parcel 006.00 (P/O) and Parcel 007.00 at its regular meeting on February 24, 2022; 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 for up to twenty-two feet and four inches (22’- 4”) from the required 35-foot maximum building height at the property line, to allow for a 57’-4” Sumner County Courthouse Parking Garage building height on Tax Map 126C, Group F, Parcel 006.00 (P/O) and Parcel 007.00, 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; ITEM 2 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 twenty-two feet and four inches (22’-4”) from the required 35-foot maximum building height at the property line, to allow for a 57’-4” Sumner County Courthouse Parking Garage building height on Tax Map 126C, Group F, Parcel 006.00 (P/O) and Parcel 007.00 as the request 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 February 4, 2022. 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: 02/24/2022 Approved: ____________________________ Jimmy Moore, Chairman ____________________________ John Puryear, Secretary APPROVED AS TO FORM: __________________________________ SUSAN HIGH-MCAULEY CITY ATTORNEY  ITEM 2 PLANNING DEPARTMENT STAFF REPORT Sumner County Courthouse Parking Garage Variance Request (VAR-2022-0019) Located at 120 N. Boyers Avenue Date: Febraury 24, 2022 REQUEST: THE OWNER AND APPLICANT REQUESTS A VARIANCE OF 22 FEET AND FOUR (4) INCHES TO ALLOW A 57 FOOT 4 INCH MAXIMUM BUILDING HEIGHT FOR THE SUMNER COUNTY COURTHOUSE GARAGE ON TAX MAP 126C, GROUP F, PARCEL 006.00 (P/O) AND PARCEL 007.00, TOTALING 0.852 +/- ACRES, ZONED CC-CORE COMMERCIAL DISTRICT, LOCATED AT 120 N BOYERS AVENUE (VAR-2022-0019). OWNER: SUMNER COUNTY APPLICANT: MATT HAGLER, ESa ARCHITECTURE STAFF RECOMMENDATION: GMBZA RESOLUTION NO. 2022-003 STAFF CONTACT: JILLIAN OGDEN, AICP MBZA MEETING DATE: FEBRUARY 24, 2022 PROPERTY OVERVIEW: The owner and applicant requests a variance of 22 feet and four inches to allow a 57 foot 4 inch maximum building height for the Sumner County Courthouse Garage on Tax Map 126C, Group F, Parcel 006.00 (P/O) and Parcel 007.00, totaling 0.852 +/- acres, zoned CC-Core Commercial district, located at 120 N. Boyers Avenue (Attachment 2-1 and 2-2). CASE BACKGROUND: Property History and Previous Approvals Sumner County acquired the subject property located for the purposes of constructing a new parking garage for the new courthouse currently under construction. The Church of Christ, the previous owner, used the property as a parking lot and a pre-school playground. On October 22, 2020, the Board of Zoning Appeals approved a height variance for the Sumner County Courthouse located on East Main Street (VAR-2020-0010). Requested Variance The owner and applicant request a variance from GZO Section 08.01.020.B of 22 feet and four (4) inches to permit a building height of 57 feet and four (4) inches at the stairwell rooftop. In the CC-Core Commercial zone district, for each foot that the building is set back from the street line, the height of the building may increase by 1.5 feet. The parking garage is approximately 12’-2 ¼” from N. Boyers Ave. and 7’-3” from Franklin St. This would technically only require a variance of 11.38 +/- feet of building height to position adjacent to the right-of-way, but staff included the full 1 Sumner County Parking Garage – Building Height Variance (VAR-2022-0019) February 24, 2022 height variance of 22’-4” in the request in case the building needs to be adjusted during the site plan review. The majority of the structure will be approximately 48’-5” at the top of the fifth floor parapet. The covered stairwell adds an additional 8’-11” of height. 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 2-3. 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 is relatively flat. The lot size is proportional to others in the CC-Core Commercial Zoning District. The subject area is bordered to the north by Franklin Street and to the east by Boyers Avenue. The parking garage is positioned near but not on the square to avoid dwarfing the existing building while still being located in close proximity to the new courthouse. The buildings across Franklin Street consist of the Christian Towers Apartments and range from six to seven stories. Sumner County Parking Garage – Building Height Variance (VAR-2022-0019) February 24, 2022 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 structure. No other properties would be entitled to a variance if the Board agreed to grant this variance. C. The variance will not authorize activities in a zone district other than those permitted by this Ordinance. • The proposed use is Accessory Off-Street Parking Facility, which will primarily serve the Sumner County Courthouse, requires approval of a separate site plan, to be considered at the February 28th Planning Commission meeting. 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 limited available land to accommodate nearby parking for the courthouse, the existing infrastructure in place surrounding the property and the unique use proposed within the structure which requires a design and building height to meet parking demands. 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 parking garage for the Courthouse, currently under construction, to meet public 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 parking garage for the courthouse on a confined property size and to ensure the safety of the occupants/general public, by locating the facility in close proximity to the courthouse and other nearby justice facility uses. 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 and land for parking use to support the Courthouse activities. The properties on all sides are zoned CC-Core Commercial. 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 neighboring properties will not be adversely impacted by granting this variance. Christian Towers, which is located across Franklin Street, is a six (6) story residential Sumner County Parking Garage – Building Height Variance (VAR-2022-0019) February 24, 2022 building but is separate from the garage by an open front yard and the width of Franklin Street. 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 allows a public parking garage to be constructed in the center of town in scale with the many other 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. 2022-003. ATTACHMENTS Attachment 2-1 Location Map Attachment 2-2 Variance Exhibits Attachment 2-3 Applicants response to the Standards for Variance  SUMNER COUNTY COURTHOUSE GARAGE Gray ATTACHMENT 2-1 re Water mo Wil lan d East Lyons y d wa Brow n oa Col Br lege Eastlan g d Trig e Lan y d wa oa Br k lin Fran e Princ kli n r Fran erge amb Sch er Boy ow klin Enl Fran s Main c JG Publi dley Bra Smith ter Wa ter Fos o e Bleds er Boy ter s Fos he ster Winc so e Bled er And son Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community Ü Legend 0 260 520 1,040 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 & &/ % $ 10'-10 3/4" 8'-11" 7+)/225    10'-8" 7+)/225    10'-8" 5')/225    10'-8" 35'-0" 7'-3" 1')/225    11'-4" 67)/225  )5$1./,167&85% *&89*1*;&9.43         24'-0" 18'-0 3/4" 1'-9" 7+)/225    7+)/225    5')/225 12'-2 1/4"    35'-0" 1')/225    67)/225  1%2<(56&85% 3479-*1*;&9.43  8:23*7(4:39>5&70.3,,&7&,* 3'4>*78&;*,&11&9.393 ATTACHMENT 2-3 Sumner County Parking Garage 006.00 126C F 007.00 Matt Hagler (ESa) We are requesting the variance based on the size of lot and the project's need to provide the amount of parking spaces for the use of the court house and downtown businesses, including the need for egress stairs from these parking spaces. One egress stair is what is above the ordinance's height limitation. This is the first parking garage in downtown Gallatin, and an uncommon building type for the area, so it would not generally apply to other properties due to their unique sizes and characteristics. It will not authorize other activities. There are no financial considerations tied to the request. It has not. ATTACHMENT 2-3 Sumner County Parking Garage Matt Hagler (ESa) It will not. The requested variance is the minimum variance to make the best possible use of the building and site. It will not. We believe the proposed project, including the proposed variance will be an enhancement to the downtown business district and will provide ample parking for the community.  ATTACHMENT 2-3 February 4, 2022 Sumner County Courthouse Board of Zoning Appeals Height Variance To Whom It May Concern: We are asking for a height variance for the 9’ above the height limitation line along East Franklin Street. The area of the building that is beyond the height limitation is the upper level of the egress stair and is approximately 25 feet long, a short portion of the 260+ foot building façade. This height increase, would allow for the stair to be protected and covered, allowing for a safer use of the stair by those parking in the garage. 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