Board of Zoning Appeals

CITY OF MURFREESBORO BOARD OF ZONING APPEALS Regular Meeting, December 19, 2016, 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 meeting on November 21, 2016 3. New Business Sign Variance Request a. Application S-16-068 by Amber Hitch of FastSigns representing River Oaks Community Church, requesting a Variance from Section 25 ¼ - 26(C)(1)(a)[2] of the Murfreesboro Sign Ordinance, which prohibits internally-illuminated ground signs in a residential district, for property in the Single-Family Residential (RS-15) district located at 210 Rucker Lane. Variance Requests b. Application Z-16-069 by David Underhill representing Sam and Darlene Baker, making the following requests for property in the Single-Family Residential (RS-10) district located at 1310 Stonewall Boulevard: i. A one (1) foot Variance from Section 25(E)(1)(a) of the Murfreesboro Zoning Ordinance, which requires that accessory structures on interior lots in residential districts be located a minimum of five (5) feet from the rear property line; and ii. A one (1) foot Variance from Section 25(E)(1)(a) of the Murfreesboro Zoning Ordinance, which requires that accessory structures on interior lots in residential districts be located a minimum of five (5) feet from side property lines. c. Application Z-16-070 by Melissa Meyer Cassidy, requesting a five (5) foot Variance from Section 25(E)(1)(a) of the Murfreesboro Zoning Ordinance, which requires that accessory structures on interior lots in residential districts be located a minimum of five (5) feet from side and rear property lines, for property in the Single-Family Residential (RS-10) district located at 116 North Bilbro Avenue. 1  d. Application Z-16-071 by Stephen and Susan Thomas, requesting a ten (10) foot Variance from Chart 2 (Minimum Lot Requirements, Minimum Yard Requirements, and Land Use Intensity Ratios) of the Murfreesboro Zoning Ordinance, which requires a minimum rear yard setback of twenty-five (25) feet in the Single-Family Residential (RS-12) district, for property located at 2319 Woodridge Trail. e. Application Z-16-072 by William Koeing, requesting a twenty-two (22) foot Variance from Chart 2 (Minimum Lot Requirements, Minimum Yard Requirements, and Land Use Intensity Ratios) of the Murfreesboro Zoning Ordinance, which requires a minimum front yard setback of forty (40) feet in the Single-Family Residential (RS-15) district, for property located at 1619 Georgetown Lane. f. Application Z-16-073 by Pascal Holtkamp, making the following requests for property in the Duplex Residential (R-D) district located at 1025 North Spring Street: i. A twenty (20) foot Variance from Chart 2 (Minimum Lot Requirements, Minimum Yard Requirements, and Land Use Intensity Ratios) of the Murfreesboro Zoning Ordinance, which requires a minimum front yard setback of thirty (30) feet in the R-D district, for frontage along East Hembree Street; and ii. A twelve (12) foot Variance from Chart 2 (Minimum Lot Requirements, Minimum Yard Requirements, and Land Use Intensity Ratios) of the Murfreesboro Zoning Ordinance, which requires a minimum front yard setback of thirty (30) feet in the R-D district, for frontage along North Spring Street. 4. Staff Reports and Other Business 5. Adjourn 2  Regular Meeting Minutes of the Murfreesboro Board of Zoning Appeals November 21, 2016 – 1:00 P.M. City Hall, Room 218 MEMBERS PRESENT MEMBERS ABSENT Davis Young, Chairman Frances Mosby Ken Halliburton, Vice-Chair Tim Tipps Julie King STAFF PRESENT Donald Anthony, Principal Planner David Ives, City Attorney Brenda Davis, Recording Assistant Chairman Young called the meeting to order at 1:00 P.M. Minutes from the November 21, 2016 regular meeting were approved as submitted. New Business Application Z-16-066 by Mark Gilday of L & L Contractors representing Linda Stevens, requesting a two (2) percent Variance from Chart 2 (Minimum Lot Requirements, Minimum Yard Requirements, and Land Use Intensity Ratios) of the Murfreesboro Zoning Ordinance, which allows a maximum lot coverage ratio of thirty (30) percent in the Single-Family Residential (RS-8) district, for property located at 312 North Maney Avenue. Mr. Anthony reviewed the application and the Staff comments contained in the BZA agenda package. Mr. Gilday was present to answer questions. Ms. King asked the dimensions of the existing garage. Mr. Gilday said the existing garage is 12’ X 27’. Chairman Young asked if an old store was on this property. Mr. Anthony said yes, pointing out the location of the store on an overview picture. BZA Minutes Regular Meeting November 21, 2016 Mr. Gilday came to the counter and said the old store is being used as a work shop for rebuilding furniture. Chairman Young opened the public hearing. Mr. Steve Hoffman at 315 North Maney came to the podium. He lives directly across the street from the subject property and said he previously owned the subject property. He said Ms. Stevens has made a lot of improvements to the property and adding a new garage will make it look much better. He said Ms. Stevens will be able to park her car in the garage as well. He said again, he is totally for this application. Chairman Young closed the public hearing. Ms. King made a motion to approve a two (2) percent variance from Chart 2 (Minimum Lot Requirements, Minimum Yard Requirements, and Land Use Intensity Ratios) of the Murfreesboro Zoning Ordinance, which allows a maximum lot coverage ratio of thirty (30) percent in the Single-Family Residential (RS-8) district, for property located at 312 North Maney Avenue. The motion was seconded by Mr. Halliburton and carried unanimously in favor. Application Z-16-067 by Matt Taylor of SEC Inc. representing ASG Partners Limited Partnership, making the following requests for property located in the Heavy Industrial (H-I) district located at 215 West Castle Street: i. An eight (8) foot Variance from Chart 2 (Minimum Lot Requirements, Minimum Yard Requirements, and Land Use Intensity Ratios) of the Murfreesboro Zoning Ordinance, which requires a forty-two (42) foot front yard setback in the H-I district, for frontage along West Castle Street; ii. A twenty-seven (27) foot Variance from Chart 2 (Minimum Lot Requirements, Minimum Yard Requirements, and Land Use Intensity Ratios) of the Murfreesboro Zoning Ordinance, which requires a forty-two (42) foot front yard setback in the H-I district, for frontage along Hickerson Drive; iii. A twenty-two (22) foot Variance from Chart 2 (Minimum Lot Requirements, Minimum Yard Requirements, and Land Use Intensity Ratios) of the Murfreesboro Zoning Ordinance, which requires a forty-two (42) front yard setback in the H-I district, for frontage along Hillard Drive; and iv. A thirty-seven (37) foot Variance from Section 25(E)(5) of the Murfreesboro Zoning Ordinance, which requires that an accessory structure in a commercial district comply with the minimum forty-two (42) foot front yard setback in the H-I district, for frontage along Hillard Drive. Mr. Anthony reviewed the application and the Staff comments contained in the BZA agenda package. Mr. Matt Taylor was present to answer any questions. 2 BZA Minutes Regular Meeting November 21, 2016 Ms. King asked if there would be a rezoning for this area because of the Historic Bottoms Study. Mr. Anthony said there would probably be some kind of overlay-type design standards for this area in the future but that we haven’t made it to that point yet. He said the Historic Bottoms Study will prescribe a certain look and development pattern. It would then be up the Planning Commission and City Council to determine how to implement it and whether zoning is the appropriate avenue for implementing that. Mr. Halliburton asked if all these requests being made are based on the new structure using the existing footprint. Mr. Anthony said yes. Mr. Matt Taylor with SEC, Inc. came to the podium and said the only difference in the footprint is that on the existing building the office goes along almost the entire frontage of the northern property line and here they have cut it off so there is good two-way circulation on the north side. He said they couldn’t do that with the old building. Mr. Halliburton asked how the minimum number of parking spaces were determined for this site. Mr. Anthony said Mr. Taylor broke the building down into the various components (retail/commercial, recreational, and office components). He said they utilized a formula that took all those different uses into account. Mr. Anthony said Mr. Taylor is able to provide well over the minimum. Chairman Young asked if the recreational type component pertained to a shooting range of some sort. Mr. Anthony said yes, there will be a shooting range, retail sale of arms, and office space. Mr. Taylor said they will also hold hand gun safety training classes to obtain permits and such. Ms. King inquired about the use of the offices. Mr. Taylor said there will be a couple offices for the employees but most of the offices will be used for classroom space. Mr. Anthony pointed out the metal structure is starting to fall apart, and the proposed structure still has some metal but is also heavily bricked. 3 BZA Minutes Regular Meeting November 21, 2016 Mr. Taylor said even though the Historic Bottoms Study is still in the early stages, some of the things they heard from the public was they still wanted an industrial-type characteristic. When they met with staff, that was portrayed to him. He said the architect has done a great job in trying to incorporate a better material while keeping an industrial feel of the building. Mr. Halliburton asked if the applicant plans to keep the other location open. Mr. Taylor said yes, this will be an additional location. Chairman Young opened the public hearing. There being no one to speak for or against the request, Chairman Young closed the public hearing. Ms. King made a motion to approve an eight (8) foot Variance from Chart 2 (Minimum Lot Requirements, Minimum Yard Requirements, and Land Use Intensity Ratios) of the Murfreesboro Zoning Ordinance, which requires a forty- two (42) foot front yard setback in the H-I district, for frontage along West Castle Street. The motion was seconded by Mr. Halliburton and carried unanimously in favor. Ms. King made a motion to approve a twenty-seven (27) foot Variance from Chart 2 (Minimum Lot Requirements, Minimum Yard Requirements, and Land Use Intensity Ratios) of the Murfreesboro Zoning Ordinance, which requires a forty- two (42) foot front yard setback in the H-I district, for frontage along Hickerson Drive. The motion was seconded by Mr. Halliburton and carried unanimously in favor. Ms. King made a motion to approve a twenty-two (22) foot Variance from Chart 2 (Minimum Lot Requirements, Minimum Yard Requirements, and Land Use Intensity Ratios) of the Murfreesboro Zoning Ordinance, which requires a forty- two (42) foot front yard setback in the H-I district, for frontage along Hillard Drive. The motion was seconded by Mr. Halliburton and carried unanimously in favor. Ms. King made a motion to approve a thirty-seven (37) foot Variance from Section 25(E)(5) of the Murfreesboro Zoning Ordinance, which requires that an accessory structure in a commercial district comply with the minimum forty-two (42) foot front yard setback in the H-I district, for frontage along Hillard Drive. The motion was seconded by Mr. Halliburton and carried unanimously in favor. 4 BZA Minutes Regular Meeting November 21, 2016 Staff Reports and Other Business Mr. Halliburton asked the meeting date for the December Board of Zoning Appeals meeting. Mr. Anthony said the December Board of Zoning Appeals meeting will be held on Monday, December 19. The meeting adjourned at 1:20 P.M. _____________________________ _______________________________ CHAIRMAN SECRETARY 5  MURFREESBORO BOARD OF ZONING APPEALS STAFF REPORT DECEMBER 19, 2016 Application: S-16-068 Location: 210 Rucker Lane Applicant: Amber Hitch of FastSigns representing River Oaks Community Church Zoning: Single-Family Residential (RS-15) District Request: A Variance from Section 25 ¼ - 26(C)(1)(a)[2] of the Murfreesboro Sign Ordinance, which prohibits internally-illuminated ground signs in a residential district 1 Request Overview The Applicant, Amber Hitch, representing River Oaks Community Church, is requesting a variance from Sections 25¼-26(C)(1)(a)[2] Illumination, of the City of Murfreesboro Sign Ordinance which only allows Freestanding Wall Signs within a residential zone to be non- illuminated or indirectly illuminated. Staff Comments River Oaks Community Church is requesting a sign variance to be allowed to install a 36 sq. ft., push-thru style internally illuminated Freestanding Wall Sign with 6’6” in height, on their property located at 210 Rucker Ln. The property is located on Rucker Ln south of Franklin Road partially across the street from the PUD Publix Shopping Center development at the corner of Franklin Road and Rucker Ln. To the south and east of the property is a county residential neighborhood and to the north is a property zoned Commercial Fringe (CF). The proposed sign would be approximately 275’ from residential housing areas All other setbacks and regulations will apply. If approved, staff recommends the sign be required to have push thru style illumination as currently proposed and install a timer on the sign to ensure the internal illumination is turned off no later than 10:00 pm. The applicant will be in attendance to answer any questions the Board may have. Attached Exhibits 1. BZA Application 2. Applicant’s Request Letter 3. Site Photographs 4. Applicant’s Supporting Materials 2 3 4  210 Rucker Lane Site Photographs 210 Rucker Lane, aerial photograph. 5 210 Rucker Lane, aerial photograph. 6 7 8 9 10 11 12  MURFREESBORO BOARD OF ZONING APPEALS STAFF REPORT DECEMBER 19, 2016 Application: Z-16-069 Location: 1310 Stonewall Boulevard Applicant: David Underhill representing Sam and Darlene Baker Zoning: Single-Family Residential (RS-10) District Requests: 1) A one (1) foot Variance from Section 25(E)(1)(a) of the Murfreesboro Zoning Ordinance, which requires that accessory structures on interior lots in residential districts be located a minimum of five (5) feet from the rear property line; and 2) A one (1) foot Variance from Section 25(E)(1)(a) of the Murfreesboro Zoning Ordinance, which requires that accessory structures on interior lots in residential districts be located a minimum of five (5) feet from the side property lines 1 Request Overview The applicant, David Underhill representing Sam and Darlene Baker, has begun construction on a detached accessory structure (garage) on the property located at 1310 Stonewall Boulevard. The property is located in the Belle Aire Acres subdivision and is zoned RS-10. The property is rectangular in shape, measuring approximately 100 feet in width and 135 feet in depth for a total area of approximately 13,500 square feet (0.31 acres). Section 25(E)(1)(a) of the Murfreesboro Zoning Ordinance requires the following: “for interior lots in residential districts, detached accessory structures and uses, except fences, walls, and hedges, shall be located not less than sixty feet from the front lot line and in no event shall be closer to the front lot line than ten feet behind the front of the principal structure and not less than five feet from any side and rear lot lines.” Upon inspecting the accessory structure, the Building and Codes Department determined that the structure slightly encroached into the required five-foot accessory structure setback along both the rear (north) and side (east) property lines. Each encroachment is less than one foot. The applicant seeks two Variances for the accessory structure. First, the applicant requests a one-foot Variance from the required five-foot accessory structure setback along the rear (north) property line. Second, the applicant requests a one-foot Variance from the required five-foot accessory structure setback along the side (east) property line. Staff Comments As indicated in the attached request letter, the garage presently under construction is a replacement for a deteriorated garage. The deteriorated garage has been destroyed and removed from the site. The new garage utilizes a footprint similar to that of the garage that was removed. During the construction phase, the applicant learned that the new garage encroached into the required five-foot accessory structure setback along the north and east sides. The new structure is situated approximately 68 feet from the front property line, 58 feet behind the front façade of the house, and nine feet from the house, thereby meeting all of the other requirements of Section 25(E)(1)(a). The applicant contends that moving a mostly-completed structure would constitute a practical difficulty. Further, the applicant indicates that because the new garage is situated on the same footprint as the previous garage, then the previous garage must not have conformed with the City’s accessory structure setbacks either. Staff visited the site and reviewed the materials submitted by the applicant. It appears that in order to comply with the five-foot accessory structure setback requirement, the applicant would have the following options: move the structure to a location that conforms to City standards; modify the structure in its current location to make it conform to City standards; or remove the structure altogether. Two separate votes—one for each Variance sought—will be required for this request. The applicant will be in attendance to answer any questions the Board may have. 2 Attached Exhibits 1. BZA Application 2. Applicant’s Request Letter 3. Site Photographs 4. Applicant’s Supporting Materials 3 4 5  1310 Stonewall Boulevard Site Photographs 1310 Stonewall Boulevard, aerial photograph. 6 1310 Stonewall Boulevard, aerial photograph. 7 1310 Stonewall Boulevard. View of house taken from Stonewall Boulevard looking eastward. The partially-completed garage is visible on the left-hand side of the photograph. 8 1310 Stonewall Boulevard. View of northern side of house and partially-completed garage. 9 1310 Stonewall Boulevard. View of partially-completed garage taken from Stonewall Boulevard looking eastward. 10 11  MURFREESBORO BOARD OF ZONING APPEALS STAFF REPORT DECEMBER 19, 2016 Application: Z-16-070 Location: 116 North Bilbro Avenue Applicant: Melissa Meyer Cassidy Zoning: Single-Family Residential (RS-10) District Request: A five (5) foot Variance from Section 25(E)(1)(a) of the Murfreesboro Zoning Ordinance, which requires that accessory structures on interior lots in residential districts be located a minimum of five (5) feet from side and rear property lines 1 Request Overview The applicant, Melissa Meyer Cassidy, wishes to remove an existing covered carport and greenhouse on property located at 116 North Bilbro Avenue and construct a new covered carport and enclosed workshop. The subject property is zoned RS-10. The property is rectangular in shape, having a width of approximately 75 feet and a depth of approximately 210 feet. The total area of the subject property is approximately 15,750 square feet (0.36 acres). Section 25(E)(1)(a) of the Murfreesboro Zoning Ordinance requires the following: “for interior lots in residential districts, detached accessory structures and uses, except fences, walls, and hedges, shall be located not less than sixty feet from the front lot line and in no event shall be closer to the front lot line than ten feet behind the front of the principal structure and not less than five feet from any side and rear lot lines.” The applicant plans to remove an existing covered carport measuring 22 feet by 23 feet and an adjacent greenhouse measuring 22 feet by 7 feet. The applicant wishes to replace these structures with a new covered carport measuring 22 feet by 41 feet. An enclosed workshop would be located adjacent to the carport. The applicant seeks a five-foot Variance from Section 25(E)(1)(a) to allow the covered carport to be constructed within inches of the southern property line. Staff Comments The existing covered carport is situated along the applicant’s southern property line. It lies within the required five-foot accessory structure setback on the south. Because the existing carport sits within inches of the southern property line, the carport is a nonconforming structure. The applicant plans to remove the carport and reconstruct it with a larger footprint. The proposed covered carport would have ten feet of additional length on the east side and one foot of additional length on the west side. Because the structure will be placed in close proximity to a property line, the structure may require fire protection/treatment beyond that required of other residential structures. The applicant is advised to consult with her contractor as well as the Building and Codes Department to determine the appropriate protection/treatment should the Variance be approved. Staff reviewed the materials provided by the applicant and visited the site. It appears that sufficient space for a carport exists elsewhere on the rear portion of the lot. However, the applicant contends that shifting the carport northward would make it difficult to utilize the northernmost portion of the covered carport. In the attached request letter, the applicant indicates that the situation is not self-created because previous owners constructed the existing carport and driveway. The applicant will be in attendance to answer any questions the Board may have. 2 Attached Exhibits 1. BZA Application 2. Applicant’s Request Letter 3. Site Photographs 4. Applicant’s Supporting Materials 3 4 5  116 North Bilbro Avenue Site Photographs 116 North Bilbro Avenue, aerial photograph. 6 116 North Bilbro Avenue, aerial photograph. 7 116 North Bilbro Avenue, view of house and existing driveway and carport taken from North Bilbro Avenue looking eastward. 8 116 North Bilbro Avenue, view of existing carport taken from North Bilbro Avenue looking eastward. Note the close proximity of the carport to the fence along the southern property line. 9 10  MURFREESBORO BOARD OF ZONING APPEALS STAFF REPORT DECEMBER 19, 2016 Application: Z-16-071 Location: 2319 Woodridge Trail Applicant: Stephen and Susan Thomas Zoning: Single-Family Residential (RS-12) District Request: A ten (10) foot Variance from Chart 2 (Minimum Lot Requirements, Minimum Yard Requirements, and Land Use Intensity Ratios) of the Murfreesboro Zoning Ordinance, which requires a minimum rear yard setback of twenty-five (25) feet in the RS-12 district 1 Request Overview The applicants, Stephen and Susan Thomas, wish to construct an enclosed porch on the rear of their house located at 2319 Woodridge Trail. The property is located in the Garrison Cove subdivision and is zoned RS-12. The property is situated at the end of Woodridge Trail, a cul- de-sac, and has a triangular shape with approximately 45 feet of street frontage and a 265-foot rear property line. The lot’s depth ranges from 120 feet on the west to 267 feet on the east. The total area of the lot is approximately 20,500 square feet (0.47 acres). Chart 2 (Minimum Lot Requirements, Minimum Yard Requirements, and Land Use Intensity Ratios) of the Murfreesboro Zoning Ordinance lists the following minimum required building setbacks for the RS-12 district: 35 feet on the front, 25 feet on the rear, and 10 feet on the sides. The proposed enclosed porch would be located on the rear (north) side of the property and would be attached to the existing house. The enclosed porch would measure 22 feet in width and 18 feet in depth; the total area of the enclosed porch would be 396 square feet. Per the exhibit provided by the applicant, approximately one-third of the enclosed porch’s total area would encroach into the minimum required 25-foot rear yard setback. The applicant seeks a ten-foot Variance from the minimum 25-foot rear yard setback. Staff Comments As shown on the attached aerial photographs, the subject property presently includes an outdoor deck. The proposed enclosed porch would be placed in a similar location at the rear of the house. The enclosed porch would encroach slightly less than ten feet into the 25-foot rear yard setback, reducing the width of the rear yard to 15 feet at its narrowest point. Notably, the applicant also owns the adjacent, vacant property at 2318 Garrison Cove; the lot at 2318 Garrison Cove shares a rear property line with the subject property and would be the most directly affected by any rear yard setback encroachment. In the attached request letter, the applicant contends that the subject property faces a practical difficulty due to being irregularly shaped and located at the end of a cul-de-sac. The applicant contends that the subject property has a unique characteristic when compared to other properties in the area; specifically, the lot’s placement and shape reduce the size of the backyard and limit the lot’s buildable area. Finally, the applicant contends that the situation was not self-created because the developer—not the applicant—platted the lot with its current dimensions. In the request letter, the applicant notes that the Garrison Cove Homeowners Association has approved the design of the proposed enclosed porch. The applicant will be in attendance to answer any questions the Board may have. Attached Exhibits 1. BZA Application 2. Applicant’s Request Letter 2 3. Site Photographs 4. Applicant’s Supporting Materials 3 4 5  2319 Woodridge Trail Site Photographs 2319 Woodridge Trail, aerial photograph. 6 2319 Woodridge Trail, aerial photograph. 7 2319 Woodridge Trail, view of front of house taken from Woodridge Trail looking to the northeast. 8 2319 Woodridge Trail, view of existing deck located at rear of house. 9 2319 Woodridge Trail, view of existing deck and backyard. Note that the neighboring lot to the east (right-hand side of photo) is presently vacant. 10 11 12  MURFREESBORO BOARD OF ZONING APPEALS STAFF REPORT DECEMBER 19, 2016 Application: Z-16-072 Location: 1619 Georgetown Lane Applicant: William Koenig Zoning: Single-Family Residential (RS-15) District Request: A twenty-two (22) foot Variance from Chart 2 (Minimum Lot Requirements, Minimum Yard Requirements, and Land Use Intensity Ratios) of the Murfreesboro Zoning Ordinance, which requires a minimum front yard setback of forty (40) feet in the RS-15 district 1 Request Overview The applicant, William Koenig, wishes to construct a new single-family dwelling unit on property located at 1619 Georgetown Lane. The property is located in the Georgetown subdivision and is zoned RS-15. The property is situated near the terminus of Georgetown Lane, a cul-de-sac, and measures approximately 145 feet in width along the street frontage and 175 feet in depth along the northern property line. The total area of the lot is approximately 21,500 square feet (one-half acre). The previous single-family dwelling unit that occupied the site was destroyed by fire last year. Chart 2 (Minimum Lot Requirements, Minimum Yard Requirements, and Land Use Intensity Ratios) of the Murfreesboro Zoning Ordinance lists the following minimum required building setbacks for the RS-15 district: 40 feet on the front, 30 feet on the rear, and 12.5 feet on the sides. As shown on the exhibit submitted by the applicant, the proposed house would encroach into the required 40-foot front yard setback by more than 21 feet, leaving an 18.7-foot front yard setback. The applicant requests a 22-foot Variance from the minimum 40-foot front yard setback requirement. Staff Comments The applicant’s previous house had a width of approximately 75 feet and a depth of approximately 45 feet. The house was situated closer to the street than neighboring houses. While most houses along Georgetown Lane appear to be situated at least 35 to 40 feet from their respective front property lines, the applicant’s house was situated approximately 25 feet from the front property line. The new house would have a width of 58 feet and a depth of 77 feet; a front- facing garage would constitute the majority of the front setback encroachment. Based on the exhibit provided by the applicant, staff estimates that approximately 400 square feet of the proposed house would lie within the front yard setback. In the attached request letter, the applicant addresses the standards for obtaining a Variance. The applicant contends that the subject property’s location along the bulb of the cul-de-sac creates a practical difficulty and constitutes an unusual characteristic. The applicant’s front property line is curvilinear due to the property’s location along the cul-de-sac; the curvilinear front property line results in a parallel, curvilinear front setback line and reduced depth on the southern/western side of the property. The applicant contends that the situation is not self-created; the applicant’s previous house was destroyed by fire, and the applicant wishes to construct a new house with a setback encroachment similar to that of the previous house. The applicant will be in attendance to answer any questions the Board may have. Attached Exhibits 1. BZA Application 2. Applicant’s Request Letter 2 3. Site Photographs 4. Applicant’s Supporting Materials 3 4 5  1619 Georgetown Lane Site Photographs 1619 Georgetown Lane, aerial photograph. 6 1619 Georgetown Lane, aerial photograph. 7 1619 Georgetown Lane, view of vacant lot taken from Georgetown Lane looking southward. 8 1619 Georgetown Lane, view of vacant lot taken from Georgetown Lane looking to the southeast. 9 10  MURFREESBORO BOARD OF ZONING APPEALS STAFF REPORT DECEMBER 19, 2016 Application: Z-16-073 Location: 1025 North Spring Street Applicant: Pascal Holtkamp Zoning: Duplex Residential (R-D) District Requests: 1) A twenty (20) foot Variance from Chart 2 (Minimum Lot Requirements, Minimum Yard Requirements, and Land Use Intensity Ratios) of the Murfreesboro Zoning Ordinance, which requires a minimum front yard setback of thirty (30) feet in the R-D district, for frontage along East Hembree Street; and 2) A twelve (12) foot Variance from Chart 2 (Minimum Lot Requirements, Minimum Yard Requirements, and Land Use Intensity Ratios) of the Murfreesboro Zoning Ordinance, which requires a minimum front yard setback of thirty (30) feet in the R-D district, for frontage along North Spring Street 1 Request Overview The applicant, Pascal Holtkamp, wishes to construct an expansion onto the rear of an existing single-family dwelling unit located at 1025 North Spring Street. The subject property is situated at the northwest corner of North Spring Street and East Hembree Street and is zoned R-D. The property measures 66 feet in width along the North Spring Street frontage and 118 feet in width along the East Hembree Street frontage. The total area of the lot is approximately 7,951 square feet (0.18 acres). Chart 2 (Minimum Lot Requirements, Minimum Yard Requirements, and Land Use Intensity Ratios) of the Murfreesboro Zoning Ordinance lists the following minimum required building setbacks for single-family dwelling units in the R-D district: 30 feet on the front, 25 feet on the rear, and 5 feet on the sides. As currently configured, the house encroaches into the front yard setback along North Spring Street by approximately 12 feet and into the front yard setback along East Hembree Street by approximately 20 feet. Thus, the house does not conform to the minimum required 30-foot front yard setback on either street frontage. The proposed kitchen expansion would have a total area of approximately 200 square feet and would project outward approximately 18 feet from the existing rear wall of the house. The northernmost edge of the proposed kitchen addition would be situated approximately 16 feet from the property line along East Hembree Street. This would leave a 14-foot setback along East Hembree Street. However, as previously discussed, the existing house is situated only ten feet from the property line along East Hembree Street. The proposed kitchen addition would not project any farther into the front yard setback along East Hembree Street than the existing house. Rather than seeking a Variance for the kitchen alone, staff advised the applicant to seek Variances for the existing setback encroachments. Therefore, the applicant requests the following Variances: 1) a 20-foot Variance from the required 30-foot setback along East Hembree Street, and 2) a 12-foot Variance from the required 30-foot setback along North Spring Street. If approved, these Variances would accommodate the encroachment of the proposed kitchen into the front yard setback along East Hembree Street and would make the existing structure a conforming structure with regard to setbacks. Staff Comments In the attached request letter, the applicant addresses each of the standards for obtaining a Variance. The applicant contends that the siting of the house on a corner lot gives it two street frontages, posing both a practical difficulty and a unique characteristic. In addressing the not self-created criterion, the applicant notes that the house was constructed in 1926, prior to both current ownership and the adoption of the current setback standards. Staff visited the site and reviewed aerial photography of the site and its surroundings. With regard to front yard setbacks, the applicant’s house appears to be similarly situated to many houses in the neighborhood. In fact, some other houses in the immediate vicinity appear to be 2 situated five or fewer feet from their respective front property lines. Staff also noted that the applicant has begun an extensive exterior remodeling of the house. Two separate votes—one for each Variance sought—will be required for this request. The applicant will be in attendance to answer any questions the Board may have. Attached Exhibits 1. BZA Application 2. Applicant’s Request Letter 3. Site Photographs 4. Applicant’s Supporting Materials 3 4 5  1025 North Spring Street Site Photographs 1025 North Spring Street, aerial photograph. 6 1025 North Spring Street, aerial photograph. 7 1025 North Spring Street, view of existing house taken from intersection of North Spring Street and East Hembree Street looking to the southwest. 8 1025 North Spring Street, view of rear of existing house taken from East Hembree Street looking to the southeast. The proposed kitchen expansion would project from the unfinished portion of the rear façade. 9 1025 North Spring Street, view of existing house and back yard taken from East Hembree Street looking southward. 10 11