Board of Zoning Appeals

CITY OF MURFREESBORO BOARD OF ZONING APPEALS Regular Meeting, April 22, 2015, at 1:00 p.m. City Hall, 111 West Vine Street, Council Chambers, 1st Floor AGENDA 1. Call to order 2. Consideration of minutes for the regular meetings on March 25, 2015. 3. New Business Variance Requests Application Z-15-020 by Mr. Davis Gilliam of Sims Realtors & Auctioneers, for Warren Johnson, is requesting a 5-foot variance from Chart 2, Minimum Lot Requirements, Minimum Yard Requirements and Land Intensity Ratios from the Murfreesboro Zoning Ordinance, which requires a minimum 10-foot side yard setback in the Office General-Residential District (OG-R) on property located at 1272 Dow Street. Application Z-15-021 by Mr. Tim Lake, is requesting a 5-foot variance from Section 25, Temporary and Accessory Structures and Uses (E)(1)(b), which does not allow detached accessory structures on residential lots to be less than 5 feet from any side lot line, and a 8.35% variance from Chart 2, Minimum Lot Requirements, Minimum Yard Requirements and Land Use Intensity Ratios, Maximum Lot Coverage (percent) of the Murfreesboro Zoning Ordinance, for property located at 115 N. Highland Avenue. Application Z-15-022 by Mr. Enoch Jarrell of Huddleston-Steele Engineering, for Fellowship Bible Church, is requesting a variance from Section 9, Standards for Special Permit Uses (D)(2)(zz)(1) of the Murfreesboro Zoning Ordinance, which states parking areas for institutional group assembly uses (churches) shall not be permitted in the required front yard, for property in a Residential Single-Family (RS-15) zone located at 4236 Veterans Parkway.  Special Use Permit Requests Application Z-15-023 by Mr. Alan Gauger, for Xtreme Fireworks, is requesting a special use permit in order to operate a temporary outdoor vending establishment (seasonal fireworks retail sales) in a Heavy-Industrial (H-I) zone located at 1945 Northwest Broad Street. Application Z-15-024 by Mr. Wesley Reid, for TNT Fireworks, is requesting a special use permit in order to operate a temporary outdoor vending establishment (seasonal fireworks retail sales) in a Commercial Highway (CH) zone for property located at 2000 Old Fort Parkway. Application Z-15-025 by Mr. by Mr. Wesley Reid, for TNT Fireworks, is requesting a special use permit in order to operate a temporary outdoor vending establishment (seasonal fireworks retail sales) in a Commercial Highway (CH) zone for property located at 2012 Memorial Boulevard. Application Z-15-026 by Mr. by Mr. Wesley Reid, for TNT Fireworks, Inc. is requesting a special use permit in order to operate a temporary outdoor vending establishment (seasonal fireworks retail sales) in a Commercial Highway (CH) zone for property located at 125 John R. Rice Boulevard. Application Z-15-027 by Ms. Julie Smith, for Absolute Fireworks, • is requesting a special use permit in order to operate a temporary outdoor vending establishment (seasonal fireworks retail sales) in a Commercial Highway (CH) zone for property located at 131 Cason Lane and, • is requesting a variance from Section 9(D)(2)(eeee)[2] of the City of Murfreesboro Zoning Ordinance, which states that in the event the proposed location of a temporary vendor will be on the site of an existing permanent business, the number of parking spaces displaced by the temporary vendor (including areas for tents, trailers, inventory, and parking for the temporary vendor) will not total more than 25% of the total parking available on the site. Application Z-15-028 by Mr. Jake Loyd, for Mid-American Distributors, is requesting a special use permit in order to operate a temporary outdoor vending establishment (seasonal fireworks retail sales) in a Light Industrial (L-I) zone for property located at 2240 Northwest Broad Street. 4. Staff Reports and Other Business 5. Adjourn  MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS APRIL 22, 2015 Application: Z-15-020 Location: Located at 1272 Dow Street Applicant: Mr. Davis Gilliam of Sims Realtors & Auctioneers, for Warren Johnson, Zoning: Office General-Residential District (OG-R) Request: a 5-foot variance from Chart 2, Minimum Lot Requirements, Minimum Yard Requirements and Land Intensity Ratios from the Murfreesboro Zoning Ordinance, which requires a minimum 10-foot side yard setback in Office General- Residential District (OG-R) The subject property is located on the east side of Dow Street at the east end of Highland Terrace. It is zoned Office General Residential (OG-R) district. According to the Rutherford County Property Assessor’s website, the building at 1272 Dow Street was developed as a medical office building in 1980, which predates the current Zoning Ordinance, which was adopted in 1984. An ALTA survey shows the building to be located 5.85 feet from the north side lot line. The side yard setback in effect at that time is the same as today which is 10 feet. The purpose of the request is the owner is retiring and selling the property. The survey showed the encroachment. The encroachment is complicating the sale and is preventing title insurance from being issued. The site is located on 0.68 acres and is located at the east end of Highland Terrace. The adjacent property to the north is developed with a dental office. The adjacent property to the south is developed with a medical office. The property has access to Highland Terrace. The variance request is for a waiver from the required minimum 10 feet separation between the property line and the principal building as referenced in the Zoning Ordinance. When the original office building was built it was built 5.85 feet at the nearest point to the property line instead of the required 10 feet. Due to the proposed sale of the property 35 years later the conflict has arisen and thus the variance request. The applicant is requesting a 5 foot variance in order to accommodate the encroachment into the side yard setback. He also states the condition of the property is not a result from any deliberate action by the owner and the City approved the construction of the building back in 1980. Mr. Gilliam will be in attendance at the meeting to answer any questions that the Board may have. 1272 Dow Street – front view 1272 Dow Street – view of north side of building and property  MUFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS April 22, 2015 Application: Z-15-021 Location: 115 N. Highland Avenue Applicant: Mr. Tim Lake Zoning: Residential Single-Family RS-8 and RS-10 Request: requesting a 5-foot variance from Section 25, Temporary and Accessory Structures and Uses (E)(1)(b), which does not allow detached accessory structures on residential lots to be less than 5 feet from any side lot line, and a 8.35% variance from Chart 2, Minimum Lot Requirements, Minimum Yard Requirements and Land Use Intensity Ratios, Maximum Lot Coverage (percent) of the Murfreesboro Zoning Ordinance, The property is located on the west side of North Highland Avenue one lot to the north of East Main Street. The applicant is proposing to build a detached accessory building behind their house on their irregular shaped lot. The property is shaped irregular because additional property was added to the original parcel. The additional property is also zoned differently than the property where the house is located. The small additional property behind the house is where the applicant would like to build the accessory structure. The Zoning Ordinance regulations pertaining to detached accessory structures states it cannot be closer than 5 feet to the side lot line. The applicant would like to build the structure and also keep the large trees in the rear yard at the same time. In order to build the structure within the 5 foot side yard setback he needs a variance from the BZA. In his letter to the Board he states that the rear yard is exceptionally narrow and building the accessory structure in the center will render most of the remainder of the yard useless and require the removal of one or more of the mature trees. If the variance is granted the accessory structure would be constructed on the northern property line and would resolve the issue. The remaining yard would be 16 feet wide by 30 feet long adjacent to the structure and 30 feet wide by 23 ½ feet long behind the structure. All existing mature trees will be undisturbed. The distance between the proposed structure and existing neighboring structures will be 16 feet. The applicant is also interested in requesting an 8.35% increase in the maximum allowable coverage to allow for the future construction of a carport or garage behind the house where an existing metal structure is currently being used as a carport. In his letter the applicant states this variance is due to the unusually small square footage of the lot for property zoned RS-10 and RS-8. The property has been surveyed and found to have a total of 7,842 square feet. An 8.35% increase would allow a 22’ x 22’ carport or garage in the future in the existing parking area behind the house. This lot is very unique in size and shape compared to a typical RS-10 and RS-8 lot and also compared to other lots in the downtown area of Murfreesboro. The applicant feels the unique conditions of this property are not related in any way to the owner’s actions and respectfully request the Board to grant the requested variances.  MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS April 22, 2015 Application: Z-15-022 Address: 4236 Veterans Parkway Applicant: Mr. Enoch Jarrell of Huddleston-Steele Engineering, for Fellowship Bible Church, Zoning: Residential Single-Family (RS-15) Request: a variance from Section 9, Standards for Special Permit Uses (D)(2)(zz)(1) of the Murfreesboro Zoning Ordinance, which states parking areas for institutional group assembly uses (churches) shall not be permitted in the required front yard, for property in Residential Single-Family (RS-15) The subject property is located on the east side of Veterans Parkway approximately 1,000 feet south of Highway 96 and just south of Jack Byrnes Drive which leads to Overall Creek Elementary School. Fellowship Bible Church constructed a new sanctuary and parking lot in 2014 at this location. The church wants to add to their existing parking lot by adding more parking spaces southward of the existing lot facing Veterans Parkway. While reviewing this parking lot addition it became apparent that the existing parking for the church is located in the front setback which is not permitted according to the Zoning Ordinance. The front setback in the RS-15 zone is 40 feet and the existing parking is encroaching into it by 15 feet along Veterans Parkway as well as Jack Byrnes Drive The applicant is requesting a 15 foot variance along Veterans Parkway and Jack Byrnes Drive for the existing parking and the proposed and future parking that is planned along Jack Byrnes Drive. In the letter to the Board the applicant states topography of the site will require the parking to vary anywhere from 2 to 4 feet below the existing roadway elevation of Veterans Parkway. The elevation change combined with the church landscaping provides screening from the headlights for the houses across Veterans Parkway. Landscaping along Jack Byrnes Drive appears to be the only measure to provide relief from the headlights across the street from the existing as well as for future parking for the church. If the Board chooses to approve the variance request, staff would recommend additional landscaping along Jack Byrnes to screen the headlights from the existing and future parking spaces for any development on Jack Byrnes Drive. Mr. Jarrell from Huddleston/Steele Engineering and Mr. Monty Waldron from Fellowship Bible Church will be in attendance at the meeting to answer any questions the Board may have. 4236 Veterans Parkway – view of existing parking lot along Veterans Parkway looking south 4236 Veterans Parkway – view of existing and future parking lot along Jack Byrnes Drive 4236 Veterans Parkway – view of existing parking lot with car facing Veterans Parkway MURFREESBORO BOARD OF ZONING APPEALS  STAFF COMMENTS April 22, 2015 Application: Z-15-023 Address: 1945 Northwest Broad Street Applicant: Mr. Alan Gauger, for Xtreme Fireworks. Zoning: Heavy-Industrial (H-I) zone Request: A special use permit in order to operate a temporary outdoor vending establishment (seasonal fireworks retailer) The subject property is located at the southeast corner of Northwest Broad Street and North Thompson Lane. It is currently developed with a commercial building that houses Broad Street Tobacco and A-1 Cash. The applicant wishes to locate a seasonal fireworks tent on the subject site. The applicant has submitted a letter describing his request and addressing the standards for temporary vendors, as well as a site plan of the property and a copy of the lease signed by the property owner. This site was first approved in 2013 for a seasonal fireworks retailer. According to the City Code, fireworks are permitted to be sold and used in the City limits from June 28th to July 5th. The applicant is only seeking approval for the July 4th selling season. The tent’s hours of operation will be from 8 AM until 10 PM from June 28th-July 2nd, 8 AM until 12:00 AM (midnight) on July 3rd and 4th, and 8 AM until 10 PM on July 5th. This site passed its initial codes and zoning inspections after the application was made. The size of the proposed tent is 30’ x 45’, which is slightly larger than the 30’ x 30’ tent that was used in 2014. The tent will comply with the minimum setback requirements in the H-I zoning district. The applicant proposes to use a generator to provide power to the tent. The tent operator will properly dispose of solid waste as needed. The applicant has indicated that his tent operator will have a vehicle on-site during the overnight hours for security purposes. The tent operators will take their waste to an offsite facility designated for this purpose. Tent operators will also recycle all cardboard boxes. The tent is proposed to be located on the north side of the parking lot near North Thompson Lane. There appears to be adequate space for parking for the existing use and the proposed fireworks tent at this location, and the location of the fireworks tent will not displace any of the existing striped parking on-site. The tent will actually be located on a portion of the property that is paved but not striped. The tent far exceeds the minimum separation requirements for alcohol sales for on-site consumption and from the nearest fuel source. The tent is approximately 100’ from an existing fire hydrant, also meeting minimum requirements. There is an existing Murfreesboro Water and Sewer Department (MWSD) water line in close proximity to the tent location on its northwest side. The applicant has indicated that he intends to use stakes to anchor the tent. He will need to have the location of the water line marked and no tent stakes will be allowed within 10’ of the marked water line. The site only has vehicular access to Northwest Broad Street. It does not have access to North Thompson Lane. The frontage on Broad is “wide-open” with free-flowing access across the entire street frontage (approximately 160’). The fireworks tent will bring additional traffic to the site. The City Planning and Traffic Staffs believe that it is important to channel the added traffic away from the busy intersection of Broad and Thompson. Therefore, the City’s Traffic Engineer recommends that the applicant place one (1) “Type III barricade” and an adequate number of 3’- tall traffic cones along the frontage of the site nearest the intersection. The barricade and cones must remain in place for the duration of the selling season. If the Board wishes to approve this request, Staff recommends the following conditions: 1) Certification should be submitted that the tent is flame-resistant or treated to be flame-resistant. 2) A fire extinguisher should be kept on-site at all times. 3) The City’s fireworks ordinance should be posted on-site. 4) No fireworks are to be set off on-site.  5) The site must pass an electrical safety inspection prior to opening for business. An electrical permit must be purchased from the Building and Codes Department in order to obtain this inspection. 6) The tent must meet all minimum building setback requirements for the H-I zoning district, and a tent permit must be obtained for the tent. 7) No vehicular access to North Thompson Lane will be allowed. 8) One (1) “Type III barricade”, as well as an adequate number of 3’-tall traffic cones, must be in place for the duration of the selling season along the Northwest Broad Street frontage of the subject property near the intersection with North Thompson Lane. 9) Prior to erecting the tent, the applicant must have the water line that is located on the subject property field-located. No tent stakes will be allowed within 10’ of the marked water line. Mr. Gauger will be in attendance at the meeting to answer any questions that the Board may have. 1945 NW Broad Street – view of site looking at NW Broad Street  MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS April 22, 2015 Application: Z-15-024 Address: 2000 Old Fort Parkway Applicant: Mr. Wesley Reid, for TNT Fireworks Zoning: Commercial Highway (CH) Request: A special use permit in order to operate a temporary outdoor vending establishment (seasonal fireworks retailer) The subject property is located along the north side of Old Fort Parkway east of North Thompson Lane. The subject property is currently developed as a Wal-Mart Supercenter, and the applicant wishes to locate a seasonal fireworks tent on the parking lot of the subject site. The applicant has submitted a letter describing his request and addressing the standards for temporary vendors, as well as a site plan of the property and a permission letter from the property owner allowing the use of the property as proposed. This site has been approved for a fireworks tent from 1996-2014. According to the City Code, fireworks are permitted to be sold and used in the City limits from June 28th to July 5th. The applicant is seeking approval only for the July 4th selling season. The tent’s hours of operation will be from 10 AM until 10 PM, with the exception of July 3rd and 4th, during which time the tent will be open until midnight. Staff is not aware of any complaints regarding this site’s operation from previous seasons. This site passed its initial codes and zoning inspections after the application was made. The size of the proposed tent is 30’ x 40’. The tent will be compliant with the 42’ front setback along James Luscinski Drive. The applicant proposes to use a generator to provide power to the tent. The tent operator will properly dispose of solid waste as needed, and the Wal-Mart Dumpsters will likely be utilized. The applicant has indicated that he is not sure if his tent operator will have a vehicle on-site during the overnight hours for security purposes, but he would like to reserve the right for his tent operator to be able to do so if needed. The applicant will have a portable toilet brought on-site for the duration of the selling season. There is adequate space for parking for the existing use and the proposed fireworks tent at this location, and the operation of the tent will not displace more than 25% of the existing parking on-site. The tent exceeds the minimum separation requirements from alcohol sales for on-site consumption and from the nearest fuel source. The tent is approximately 250’ from an existing fire hydrant, also meeting minimum requirements. If the Board approves this application, Staff recommends the following conditions: 1) Certification should be submitted that the tent is flame-resistant or treated to be flame- resistant. 2) A fire extinguisher should be kept on-site at all times. 3) The City’s fireworks ordinance should be posted on-site. 4) No fireworks are to be set off on-site. 5) The site must pass an electrical safety inspection prior to opening for business. An electrical permit must be purchased from the Building and Codes Department in order to obtain this inspection. 6) The tent must meet all minimum building setback requirements for the CH zoning district, and a tent permit must be obtained for the tent. Mr. Reid will be in attendance at the meeting to answer any questions that the Board may have.  MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS April 22, 2014 Application: Z-15-025 Location: 2012 Memorial Boulevard Applicant: Mr. Wesley Reid, for TNT Fireworks Zoning: Commercial Highway (CH) Request: A special use permit in order to operate a temporary outdoor vending establishment (seasonal fireworks retailer) The subject property is located along the east side of Memorial Boulevard across the street from Adam’s Place and directly in front of the Murfreesboro Airport. The subject property is currently developed as a Wal Mart, and the applicant wishes to locate a seasonal fireworks tent on the subject site. The applicant has submitted a letter describing his request and addressing the standards for temporary vendors, as well as a site plan of the property and a permission letter from the property owner allowing the use of the property as proposed. The location has been approved for a fireworks tent from 1997 until 2012. The applicant and have had no major problems during that time. According to the City Code, fireworks are permitted to be sold and used in the City limits from June 28th to July 5th. The applicant is only seeking approval for the July 4th selling season. The tent’s hours of operation will be from 10 AM until 10 PM, with the exception of July 3rd and 4th, during which time the tent will be open until midnight. As of now the applicant does not anticipate setting up for the Christmas /New Year’s season. There will be a minimum of two operators on site at all times. This site passed its initial codes and zoning inspections after the application was made. The proposed tent will comply with the minimum setback requirements in the CH zoning district. The applicant proposes to use a generator to provide power to the tent. The tent operator will properly dispose of solid waste as needed, and the Wal Mart Dumpsters will likely be utilized. The applicant has indicated that he is not sure if his tent operator will have a vehicle on-site during the overnight hours for security purposes, but he would like to reserve the right for his tent operator to be able to do so if needed. The applicant has stated that a portable toilet will be brought in on- site. The tent is proposed to be located on the north end of the parking lot near the northernmost driveway aisle. There is adequate space for parking for the existing use and the proposed fireworks tent at this location. The tent far exceeds the minimum separation requirement for alcohol sales for on-site consumption and will not be within 200 feet from the nearest fuel source, which complies with minimum requirements. An operable fire hydrant is within 500 feet of the tent. If the Board approves this application, Staff recommends the following conditions: 1) Certification should be submitted that the tent is flame-resistant or treated to be flame- resistant. 2) A fire extinguisher should be kept on-site at all times. 3) The City’s fireworks ordinance should be posted on-site. 4) No fireworks are to be set off on-site. 5) The site must pass an electrical safety inspection prior to opening for business. An electrical permit must be purchased from the Building and Codes Department in order to obtain this inspection. 6) The tent must meet all minimum building setback requirements for the CH zoning district, and a tent permit must be obtained for the tent. Mr. Reid will be in attendance at the meeting to answer any questions that the Board may have. 2012 Memorial Boulevard – view of north area of parking lot  MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS April 22, 2015 Application: Z-15-026 Location: 125 John R. Rice Boulevard Applicant: Mr. Wesley Reid, for TNT Fireworks Zoning: Commercial Highway (CH) Request: A special use permit in order to operate a temporary outdoor vending establishment (seasonal fireworks retailer) The subject property is located along the west side of John R Rice Boulevard north of Old Fort Parkway. The subject property is currently developed as a Sam’s Club, and the applicant wishes to locate a seasonal fireworks tent on the subject site. The applicant has submitted a letter describing his request and addressing the standards for temporary vendors, as well as a site plan of the property and a permission letter from the property owner allowing the use of the property as proposed. This site has been approved for a fireworks tent from 1997 through 2014 (except in 2004). According to the City Code, fireworks are permitted to be sold and used in the City limits from June 28th to July 5th. The applicant is only seeking approval for the July 4th selling season. The tent’s hours of operation will be from 10 AM until 10 PM, with the exception of July 3rd and 4th, during which time the tent will be open until midnight. Staff is not aware of any complaints regarding this site’s operation from previous seasons. This site passed its initial codes and zoning inspections after the application was made. The size of the proposed tent is 30’ x 40’ and will comply with the minimum setback requirements in the CH zoning district. The applicant proposes to use a generator to provide power to the tent. The tent operator will properly dispose of solid waste as needed, and the Sam’s Club Dumpsters will likely be utilized. The applicant has indicated that he is not sure if his tent operator will have a vehicle on-site during the overnight hours for security purposes, but he would like to reserve the right for his tent operator to be able to do so if needed. The applicant has stated that a portable toilet will be brought in on-site. The tent is proposed to be located on the north end of the parking lot near the northernmost driveway aisle. There is adequate space for parking for the existing use and the proposed fireworks tent at this location, and the operation of the tent will not displace more than 25% of the existing parking on-site. The tent far exceeds the minimum separation requirement for alcohol sales for on-site consumption and is approximately 270’ from the nearest fuel source, which complies with minimum requirements. The tent is approximately 210’ from an existing fire hydrant, also meeting minimum requirements. There is an existing Murfreesboro Water and Sewer Department (MWSD) water line in close proximity to the north side of the tent. The applicant has indicated that he does not intend to use tent stakes for this tent. Instead, he will use methods to weight down the tent that will not require him to penetrate the surface of the parking lot. If the tent is erected in this manner, there will be no conflict with the water line. If the Board approves this application, Staff recommends the following conditions: 1) Certification should be submitted that the tent is flame-resistant or treated to be flame- resistant. 2) A fire extinguisher should be kept on-site at all times. 3) The City’s fireworks ordinance should be posted on-site. 4) No fireworks are to be set off on-site. 5) The site must pass an electrical safety inspection prior to opening for business. An electrical permit must be purchased from the Building and Codes Department in order to obtain this inspection. 6) The tent must meet all minimum building setback requirements for the CH zoning district, and a tent permit must be obtained for the tent. 7) Tent stakes penetrating the surface of the parking lot will not be allowed within 10’ of the existing water line. Mr. Reid will be in attendance at the meeting to answer any questions that the Board may have.  MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS April, 22 2015 Application: Z-15-027 Address: 131 Cason Lane Applicant: Ms. Julie Smith, for Absolute Fireworks Zoning: Commercial Highway (CH) Requests: • A special use permit in order to operate a temporary outdoor vending establishment (seasonal fireworks retailer); and • A variance from Section 9(D)(2)(eeee)[2] of the City of Murfreesboro Zoning Ordinance, which states that in the event the proposed location of a temporary vendor will be on the site of an existing permanent business, the number of parking spaces displaced by the temporary vendor (including areas for tents, trailers, inventory, and parking for the temporary vendor) will not total more than 25% of the total parking available on the site. The subject property is located along the east side of Cason Lane just south of River Rock Boulevard. The lot is currently developed with a furniture store. However, the building was previously occupied by a Laundromat. The applicant has submitted a letter describing her request and addressing the standards for temporary vendors, as well as a site plan of the property and a permission letter from the owner’s authorized agent allowing the use of the property as proposed. This site has been approved for a fireworks tent for the 4th of July season eight (8) times before, from 2006-2014. According to the City Code, fireworks are permitted to be sold and used in the City limits from June 28th to July 5th. The applicant proposes to sell fireworks only during the July 4th selling season. The tent’s hours of operation will be from 10 AM until 10 PM, with the exception of July 4th and July 5th, during which time the tent will be open until midnight. Staff is not aware of any complaints regarding this site’s operation from previous years. This site passed its initial codes inspection after the application was made. The size of the proposed tent is 30’ x 40’ and will comply with the minimum setback requirements in the CH zoning district. The applicant proposes to install a temporary power pole to provide electricity to the tent. The tent operator will properly dispose of solid waste as needed, and there will be a trash can on-site. A portable toilet will be brought on-site for employees and customers. The site exceeds the minimum separation requirements from sale of alcohol for on-site consumption and from gasoline pumps. The tent is less than 100’ from an existing fire hydrant, meeting minimum requirements. The applicant is also requesting a variance from the parking standards for temporary vendors. The Zoning Ordinance states that if a temporary vendor is to be located on the site of an existing business, it cannot use more than 25% of the total number of parking spaces on-site. Ms. Smith estimates that the maximum number of parking spaces that will be used in conjunction with her business will be twelve (12). There are a total of forty (40) parking spaces on-site, meaning that she proposes to use 31% of the total number of parking spaces on-site. She has also stated, however, that, realistically, the only time during the entire selling season when that many spaces will be used will be on July 4th. The furniture store is open Monday-Saturday 10 AM – 8 PM. According to Ms. Smith, the busiest times for the fireworks tent are after dark, which is when the furniture store will be closed. Ms. Smith applied for and was granted the same variance the past eight (8) years, and Staff has not received any complaints with regard to the amount of parking on- site. Staff has discussed with both Ms. Smith and a representative of the furniture store that there should be no outdoor furniture display in the southernmost row of parking spaces during the selling season. This will free up several additional parking spaces. In addition, there is a large delivery truck parked in front of the furniture store, which usually takes up three or four parking spaces. Arrangements should be made for this vehicle to park off-site, so that these parking spaces will be available. If the Board wishes to approve the special use permit request, Staff recommends the following conditions: 1) Certification should be submitted that the tent is flame-resistant or treated to be flame- resistant. 2) A fire extinguisher should be kept on-site at all times. 3) The City’s fireworks ordinance should be posted on-site. 4) No fireworks are to be set off on-site.  5) The site must pass an electrical safety inspection prior to opening for business. An electrical permit must be purchased from the Building and Codes Department in order to obtain this inspection. 6) The tent must meet all minimum building setback requirements for the CH zoning district, and a tent permit must be obtained for the tent. 7) There shall be no outdoor product display or storage in the southernmost row of parking spaces. In addition, the delivery truck for the furniture store shall be parked off-site. Each request will require a separate motion. Ms. Smith will be in attendance at the meeting to answer any questions that the Board may have. 131 Cason Lane – view of property from Cason Lane  MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS April 22, 2015 Application: Z-15-028 Address: 2240 Northwest Broad Street Applicant: Mr. Jake Loyd Zoning: Light-Industrial (L-I) Request: A special use permit in order to operate a temporary outdoor vending establishment (seasonal fireworks retailer) This property is located on the north side of North West Broad Street and east of Battlefield Parkway. The location of the fireworks tent will be in the front parking lot of the Kubota Dealership. The applicant has submitted a letter describing his request and addressing the standards for temporary vendors, as well as an aerial photograph of the property depicting the location of the tent and a leasing agreement from the Lessor of the property allowing the use of the property as proposed. This site has not previously been approved for a fireworks tent. According to the City Code, fireworks are permitted to be sold and used in the City limits from June 28th to July 5th. The applicant proposes to sell fireworks only during the July 4th selling season. The tent’s hours of operation will be from 10 AM until 10 PM, with the exception of July 4th and July 5th, during which time the tent will be open until midnight. This site passed its initial codes and zoning inspections after the application was made. Power will be provided to the tent by way of a portable generator. The tent operator will properly dispose of solid waste as needed. The applicant has indicated that the tent operator and his vehicle will remain on-site during the overnight hours for security purposes. The applicant will bring in a portable toilet for the duration of the special use. The location of the tent operator’s vehicle is shown on the aerial photo. The only vehicles that will be left on site overnight are the ones that whoever is sleeping in the tent is driving. There will be no other facilities or trailer left on site overnight. The tent will be erected outside of all easements for electrical power transmission and distribution. The applicant will comply with all regulation in the sign ordinance. The location of the tent will be on asphalt not gravel. If the Board approves the special use permit request, Staff recommends the following conditions: 1) Certification should be submitted that the tent is flame-resistant or treated to be flame- resistant. 2) A fire extinguisher should be kept on-site at all times. 3) The City’s fireworks ordinance should be posted on-site. 4) No fireworks are to be set off on-site. 5) The site must pass an electrical safety inspection prior to opening for business. An electrical permit must be purchased from the Building and Codes Department in order to obtain this inspection. 6) The tent must meet all minimum building setback requirements for the L-I zoning district and a tent permit must be obtained for the tent. Mr. Loyd will be in attendance at the meeting to answer any questions that the Board may have. 2240 NW Broad Street – view of tent location from service road in front of property