Board of Zoning Appeals

MINUTES HENDERSONVILLE MUNICIPAL BOARD OF ZONING APPEALS JANUARY 9, 2023 ROLL CALL: Don Ames called the meeting to order. Members present: Bill McDonald, Dale Duhl, Don Ames, Ty Jay, & Paul Guthrie; Planning Staff: Timothy Whitten & Sydny Simpson; Aldermen Jim Waters and Mayor Jamie Clary. Members Absent: – none. MINUTES October 3, 2022 Motion by Duhl to approve. Second by Guthrie. Aye: Duhl, Guthrie, Ames, McDonald. Abstain: Jay. Motion passed. November 7, 2022 Motion by Jay to approve. Second by Guthrie. Aye: Guthrie, Ames, McDonald. Abstain: Duhl, McDonald. Motion passed. APPEALS CASE:  Appeal Case #1222-1M: A request by Alan Wise for a conditional use permit for a kennel at 125 Walton Ferry Road (Old Town Commercial zoning district). Public Hearing: No one spoke. Appeal Consideration Request: Alan Wise presented the request to run the dog boarding/grooming facility as outlined in the staff report. During the discussion, the applicant amended the hours from a drop off time of 5:30 to 6 AM and agreed to fence the rear perimeter. Staff noted site plan approval would be needed for any changes beyond the existing structure as the applicant is proposing building and kennel additions in the future. Staff noted the conditions of the supplemental standard in the Zoning Ordinance are to apply if the use is granted. (See last page) and noted the use required BZA approval since the previous vet provided boarding as an accessory use to the vet practice, and the kennel is being requested as the primary use now. Discussion ensued pertaining to lighting, fencing, sound, keeping other animals out, etc. The applicant stated there would be Astro turf with layers of gravel and disinfectant. Mayor Clary spoke as an adjacent property owner to state the concerns for the early morning drop off were valid. Staff recommended fence be off the property line enough to maintain both sides of the fence and noted Planning Commission was the Board that could grant approval of deviations from the 20’ buffer requirement along residential property boundaries. 1) Motion by Bill McDonald to deny the request. Second by Paul Guthrie. In favor of the negative motion: Bill McDonald and Paul Guthrie. Against the motion: Ty Jay and Don Ames. Abstain: Dale Duhl. [In the event of the tie vote, the chairman vote (Don Ames) counts twice.] Motion denied. 2) Motion by Ty Jay to approve the request with a 6’ solid fence at the property line from 144 on Cages to 132 B (Bordering residential properties). Motion died for lack of a second. 3) Motion by Ames to approve the request with the following conditions: A. Hours of operation can begin at 6AM (not before) B. Solid fence along residential property borders inside the 20’ landscape buffer Second by Jay. Applicant noted a requirement by Fire for an access Road on the property lines in question and requested the fence not be required to be inset 20’ from the property line. 4) Motion #3 amended by Ames to approve with the following conditions: A. Hours of operation can begin at 6AM (not before) B. 8’ solid fence at property line along residential properties (144 and 132-130 Cages) Second by Jay. Aye: Ames, Duhl, Jay. Nay: Guthrie, McDonald. Motion carried. OTHER BUSINESS: Election of officers. Motion by Jay to keep as is. (Ames Chairman, Duhl Vice Chairman). Second by McDonald. Aye: All. Motion carried. Request by Ames to remove Ward references from website. ADJURNMENT: Motion by McDonald to adjourn. Second by Guthrie. Aye: All. ______________________________ _______________________________ Sydny Simpson, Planner Don Ames, Chairman