Municipal Board of Zoning Appeals

Agenda Gallatin Municipal Board of Zoning Appeals Thursday, September 22, 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 • September 22 2022 Municipal Board of Zoning Appeals Minutes REGULAR AGENDA 1. GMBZA RESOLUTION NO. 2022-009 VAR-2022-0022 180 SOUTH MAPLE – VARIANCE DOROTHY KIRBY OWNER AND APPLICANT REQUEST APPROVAL OF A VARIANCE OF 4 FEET TO PERMIT A SIDE YARD BUILDING SETBACK OF 6 FEET FOR A DWELLING, ONE-FAMILY DETACHED/SINGLE-FAMILY RESIDENCE, ON A 0.09 +/- ACRE PARCEL (TAX MAP 126B/F/004.00) ZONED R-10 MEDIUM DENSITY RESIDENTIAL LOCATED AT 180 S. MAPLE AVENUE. 2. OTHER BUSINESS 3. ANNOUNCEMENTS 4. MOVE TO ADJOURN  MINUTES OF THE GALLATIN MUNICIPAL BOARD OF ZONING APPEALS MEETING September 22, 2022 Members Present Staff Present Jimmy Moore, Chair William McCord, Director of Planning Jeannie Gregory Leticia Alexander, Staff Attorney Matt Harris Marianne Mudrak, Board Secretary Absent Others Present Drew Schreiner, Vice Chair None Ciera Holeman, Secretary The Gallatin Municipal Board of Zoning Appeals met in a regular meeting on Thursday, September 22, 2022, 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. Harris led the Pledge of Allegiance. Ms. Mudrak called the roll. Mr. Harris motioned to approve the July 28, 2022 Municipal Board of Zoning Appeals meeting minutes. Ms. Gregory seconded the motion and the motion passed by vote of 3 ayes; 0 nays. Agenda Item 1: GMBZA Resolution No. 2022-008 – 237A Hawkins Avenue – Conditional Use Permit (CUP-2022- 0016) – Ronald Carmack – The owner and applicant request approval of a Conditional Use Permit for a 3- unit multi-family dwelling use at 237 Hawkins Avenue, per section 06.05.020.C of the Gallatin Zoning Ordinance, on a 0.845 +/- acre lot zoned R15-Medium Density Residential (Tax Map 126N//1//031.00) Mr. William McCord, Director of Planning, presented the request for a Conditional Use Permit. He explained that the existing Conditional Use Permit will expire and the applicant wishes to renew the use. In the past, Conditional Use Permits had time limits but if the Board of Zoning Appeals votes approve to the requested Conditional Use Permit, it will no longer have an expiration date. The R15-Medium Density Residential zone district allows multi-family use. A copy of the revised resolution was distributed to the Board members. Staff recommends approval of Resolution No. 2022-008. Chair Moore asked why there was an expiration date on the Conditional Use Permit. Mr. McCord said the Board requested this condition and it is still an option listed in the zoning ordinance. Gallatin Municipal Board of Zoning Appeals Meeting Minutes 2 September 22, 2022 Chair Moore asked if the Conditional Use Permit stays with the property. Mr. McCord responded that the Conditional Use Permit stays with the property. Chair Moore opened the public hearing. No one came forward to speak; therefore, Chair Moore closed the public hearing. Mr. Ronald Carmack and Mrs. Elizabeth Carmack, applicants, said the Conditional Use Permit was for five (5) years and they wish to renew it. Ms. Gregory motioned to approve Resolution No. 2022-008. Mr. Harris seconded the motion and the motion passed by 3 ayes; 0 nays. Item 2: Other Business There was no other business to discuss. Item34: Announcements There were no announcements. Item 4: Adjourn There being no further business to discuss, Chair Moore adjourned the meeting at 5:45 p.m. Respectively Submitted: ________________________________ Marianne Mudrak, Board Secretary Approved: ________________________________ ____________________________ Jimmy Moore, Chair Ciera Holman, Secretary Item 1 GMBZA Resolution No. 2022-009 RESOLUTION OF THE CITY OF GALLATIN, TENNESSEE MUNICIPAL BOARD OF ZONING APPEALS APPROVING A VARIANCE OF FOUR (4) FEET TO PERMIT A SIX FOOT WIDE SIDE YARD SETBACK FOR A DWELLING ONE FAMILY DETATCHED/SINGLE FAMILY RESIDENCE PER ARTICLE 6, SECTION 06.06.040 C.2., OF THE GALLATIN ZONING ORDINANCE, ON A 0.09 +/- ACRE PARCEL (TAX MAP 126B, GROUP F, PARCEL 004.00), ZONED R10 – MEDIUM DENSITY RESIDENTIAL, LOCATED AT 180 SOUTH MAPLE AVENUE (VAR-2022-0022). WHEREAS, Article 6, Sec. 06.06.040 C.2 requires 10’ wide side yards in the R- 10 Medium Density Residential Zone District; and WHEREAS, THE CITY OF GALLATIN, TENNESSEE MUNICIPAL BOARD OF ZONING APPEALS considered the request for the variance to allow for a 6’ wide side yard setback for a dwelling one family-detatched/single-family residence on a 0.09 +/- acre parcel (Tax Map 126B, Group F, Parcel 004.00), at its regular meeting on November 17, 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 variances are 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, per Article 6, Sec. 06.06.040 B of the Gallatin Zoning Ordinance, meets all ten (10) of the Standards for a Variance as described in the body of the applicant’s findings of fact 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; x All the properties on the street are separated in lots of 20’x100’. All modular homes that are available to the applicant are at least 28’ in width. Item 1 B. The conditions upon which the petition for a variance is based are not be applicable, generally, to other property within the same district; x The property is undersized compared to other lots in the zone district. C. The variance will not authorize activities in a zone district other than those permitted by Ordinance; x Single-Family dwellings are allowed by right in the R10-Medium Density Residential zone district. Single wide trailers are not allowed by right in any zone district. D. Financial return was not considered the basis for granting the variances; x Financial matters are not considered in granting a 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; x The lots were platted prior to the effective date of the Ordinance. 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; x Other property owners in the area may apply for a variance to the side yard setbacks for their properties. G. The variance is the minimum variances necessary to make possible the reasonable placement of the structure and use; x The variance is the minimum necessary to allow for the 28’ wide proposed structure to be placed on the lot. 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; x The variance allows for a 6’ side setback, which would allow for minimum separation of buildings in regards to fire safety and access assuming adjacent properties adhere to the 10’ side yard setback. I. The proposed variances 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 x The variance allows for a 6’ setback, which would allow for minimum separation of buildings in regards to fire safety and access assuming adjacent properties adhere to the 10’ side yard setback. 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. x The variance would allow for the property to be used as a single family residence, which is an allowed use in the R10-Medium Density Residential zone district and meets the intent of the PlanGallatin! General Urban Community Character area. Section 2. Action – The Gallatin Municipal Board of Zoning Appeals hereby approves a variance of four (4) feet to allow for a six (6) foot wide side yard setback for a dwelling, one family detached/single-family residence, required by Article 6, Sec. 06.06.040 C.2. of the Gallatin Zoning Item 1 Ordinance, located at 180 South Maple Avenue (Lots 37-38 Block B, Washington Park Subdivision) (Tax Map 126B, Group F, Parcel 004.00) with the following conditions: 1. The applicant shall obtain the required permits from the Codes Department for the placement of the dwelling unit consistent with the approved variance. 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: 11/17/2022 Approved: ____________________________ Jimmy Moore, Chairman ____________________________ Ciera Holman, Secretary APPROVED AS TO FORM: __________________________________ SUSAN HIGH-MCAULEY CITY ATTORNEY  ITEM 1 PLANNING DEPARTMENT STAFF REPORT Variance Request for 180 S. Maple St. (Tax Map 126B, Group F, Parcel 004.00) (VAR-2022-0022) Located south of Long Hollow Pike and west of Maple Ave. Date: November 17, 2022 PUBLIC HEARING REQUEST: THE OWNER AND APPLICANT REQUEST A VARIANCE OF FOUR (4) FEET TO PERMIT A SIX (6) FEET WIDE SIDE YARD SETBACK FOR A DWELLING, ONE-FAMILY DETACHED/SINGLE-FAMILY RESIDENCE, ON A 0.09 +/- ACRE PARCEL (TAX MAP 126B, GROUP F, PARCEL 004.00) ZONED R10 - MEDIUM DENSITY RESIDENTIAL LOCATED AT 180 S. MAPLE AVE. (FILE NO. VAR-2022-0022). OWNER: DOROTHY KIRBY APPLICANT: DOROTHY KIRBY STAFF RECOMMENDATION DENIAL OF GMBZA RESOLUTION NO. 2022-009 STAFF CONTACT: JIM CARPENTER, AICP MBZA MEETING DATE: NOVEMBER 17, 2022 PROPERTY OVERVIEW: The owner and applicant request a variance of 4 feet for a 6’ wide side yard setback for a dwelling, one-family detached/single-family residence on a 0.09 +/- acre parcel (Tax Map 126B, Group F, Parcel 004.00) Zoned R10 – Medium Density Residential, located at 180 S. Maple Ave. (Attachments 1-1, 1-2, 1-3) The applicant requests the variance to place a 28’ wide manufactured home on a 40’ wide lot. The Planning Department recommends denial of GMBZA Resolution No. 2022-009. CASE BACKGROUND: Property History and Previous Approvals The property comprises lots 37-38, Block B of the Washington Park Subdivision. (D.B 101, Pg 597) A previous house on the property was removed in 2020. DISCUSSION: Proposed Variance The owner and applicant request a variance of four (4) feet for a six (6) foot wide side yard setback for a single-family dwelling on a 0.09 +/- acre parcel (Tax Map 126B, Group F, Parcel 004.00) Zoned R10 – Medium Density Residential, located at 180 S. Maple Avenue. Article 6, Sec. 06.06.040 C.2. Gallatin Zoning Ordinance requires all primary structures to have a minimum 10’ wide side yard setback. 180 S. Maple St.-Variance (VAR-2022-0022) November 17, 2022 Staff does not support this request because the 28’ wide structure would not meet the code required setbacks on the lot. The applicant proposes to purchase the manufactured home building, as stated in their reply to the Standards for Variances. Staff determined that even though the two lots are already undersized (non-conforming), since it consists of two adjacent platted 20’ wide lots, a house or a manufactured home can be built or placed on the lot that meets code requirements. The subdivision includes many non-conforming lots which have been combined together as a single parcel (Attachment 1-4). Single-wide mobile homes are not permitted to be placed on individual lots and is not an option in this case. 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 15.05 Zoning Variances The Board of Zoning Appeals may grant variances where it makes findings of fact based upon the standards prescribed in this section. 15.05.030 Standards for Variances Section 15.05.030 of the Gallatin Zoning Ordinance states the Board of Zoning Appeals shall not grant a variance unless it makes findings based upon evidence presented to it as described in ten (10) specific criteria that are listed below. The applicant responded to these standards in writing (Attachment 1-3). The Board shall determine if this variance request meets all ten (10) of the following standards for a variance as required by the Gallatin Zoning Ordinance as described by staff or by the applicant. Staff believes the variance request does not meet 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. x The physical conditions, shape, and topographic elements of this property do not provide the hardship that the applicant requests relief from. Many other parcels/lots have the same, or similar dimensions, and the setbacks do not prevent or preclude them from constructing code-compliant buildings on their property. 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 This variance request is unique to this property. However, there are other parcels on the same block in the neighborhood that have similar dimensions. Granting this variance does not create provide a precedent to allow other property owners to be granted similar variance. 2 180 S. Maple St.-Variance (VAR-2022-0022) November 17, 2022 C. The variances will not authorize activities in a zone district other than those permitted by this Ordinance. x The proposed use is a detached one-family dwelling, which is allowed in the R-10 Medium Density Residential zone district. D. Financial returns only shall not be considered as a basis for granting a variances x Financial returns are not considered as a basis for granting a variance. Financial benefits will not result if 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. x The parcel (lots) do not create a difficulty for the property owner, but the structure that the applicant intends to purchase prevents one from providing a conforming structure meeting setbacks on the property. Placement of a different dimensioned manufactured home or construction of a new house could be designed to meet the setback requirements. F. That granting the variance requested would not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures, or buildings in the same district. x This variance would confer a special privilege for the owner that is currently not allowed by other residents in the subdivision because it would provide an allowance that others in the neighborhood, and others in the R-10 Medium Density Residential Zone District have not been given. The proposed setback variance may have an impact on building setbacks on adjacent lots. However, if proposed with a master plan community setbacks could be as little as 5’ or less on side yards. G. The variance is the minimum variance that will make possible the reasonable use of the land, building, or structure. x The requested variance is the minimum variance necessary for the property owner to place the selected manufactured dwelling on the lot given the width of the proposed building. 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 The variance, if granted, will not be injurious to the area and is the minimal variance needed. However, the structure placement could dictate where structures are permitted on adjacent lots/parcels. 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 The variance will not impair an adequate supply of light and air to adjacent property or be a detriment to public safety provided the placement of the structure is not closer than 10’ from any existing structure. Building code and city ordinance requires at least 10’ separation between primary structures. Under current conditions, no primary structure would be less than 10’ from the proposed dwelling/ one-family detached. If approved and constructed, the structure will still be at least 6’ away from the side property line, and a 10’ setback is also required for adjacent properties. This will likely not be an issue with the building code. 3 180 S. Maple St.-Variance (VAR-2022-0022) November 17, 2022 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. 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. Engineering Department Comments The Engineering Division reviewed the variance request and had no comments. Other Departmental Review Comments Other City Departments reviewed the variance request, and all of their comments were addressed. RECOMMENDATION Staff recommends that the Gallatin Municipal Board of Zoning Appeals deny GMBZA Resolution No. 2022-009. ATTACHMENTS Attachment 1-1 Location Map Attachment 1-2 Site Plan Attachment 1-3 Applicant’s Request and basis for the Variance Attachment 1-4 Washington Park Subdivision and Parcels 4 Attachment 1-1 60DSOH$YH 30      PL 2YHUULGH )(0$)ORRG=RQHV $     NP 5DLOURDG *DOODWLQ6WUHHW&HQWHUOLQH $( &LW\/LPLWV $()/22':$< +LVWRULF'LVWULFW ;3&7$118$/&+$1&()/22'+$=$5' 0D[DU0LFURVRIW)(0$*DOODWLQ*,6 ;$5($2)0,1,0$/)/22'+$=$5' 7KLVSURGXFWLVIRULQIRUPDWLRQDOSXUSRVHVDQGPD\QRWKDYHEHHQ Attachment 1-2 Attachment 1-3 Attachment 1-3 Attachment 1-4 Attachment 1-4