Board of Zoning Appeals

Regular Meeting Minutes of the Murfreesboro Board of Zoning Appeals April 24, 2019 – 1:00 P.M. Council Chambers MEMBERS PRESENT MEMBERS ABSENT Davis Young, Chairman Ken Halliburton, Vice-Chair Julie King Tim Tipps Misty Foy STAFF PRESENT Dianna Tomlin, Principal Planner David Ives, Assistant City Attorney Brenda Davis, Recording Assistant Chairman Young called the meeting to order at 1:00 P.M. The minutes from the March 27, 2019 regular meeting were approved as submitted. Special Use Permit Application Z-19-007 by Joey Rouse of TNT Fireworks requested a Special Use Permit to allow the operation of a Temporary Outdoor ending Establishment (seasonal fireworks sales). Property is in the Highway Commercial (CH) zoning district located at 2012 Memorial Boulevard. Ms. Tomlin reviewed the application and staff comments contained in the BZA agenda package. If the Board approves the request, Staff recommends the following conditions: 1) The applicant shall provide certification that the tent is flame-resistant or treated to be flame-resistant. 2) The applicant shall keep and maintain a fire extinguisher on-site at all times. 3) The applicant shall keep the City’s fireworks ordinance posted on-site at all times. 4) Fireworks shall not be set-off on site. 5) The applicant shall apply for and pass an electrical safety inspection prior to opening for business. An electrical permit shall be purchased from the Building and Codes Department in order to obtain this inspection. BZA Minutes Regular Meeting April 24, 2019 6) The fireworks tent shall meet all minimum building setback requirements for the CF zoning district and temporary firework vending standards. Chairman Young opened the public hearing. There being no one to speak for or against the application, Chairman Young closed the public hearing. Vice-Chair Halliburton made a motion to approve the request for a Special Use Permit to allow the operation of a Temporary Outdoor ending Establishment (seasonal fireworks sales). Property is in the Highway Commercial (CH) zoning district located at 2012 Memorial Boulevard with the following conditions: 1) The applicant shall provide certification that the tent is flame-resistant or treated to be flame-resistant. 2) The applicant shall keep and maintain a fire extinguisher on-site at all times. 3) The applicant shall keep the City’s fireworks ordinance posted on-site at all times. 4) Fireworks shall not be set-off on site. 5) The applicant shall apply for and pass an electrical safety inspection prior to opening for business. An electrical permit shall be purchased from the Building and Codes Department in order to obtain this inspection. 6) The fireworks tent shall meet all minimum building setback requirements for the CF zoning district and temporary firework vending standards. The motion was seconded by Mr. Tipps and carried unanimously in favor. Application Z-19-008 by Joey Rouse of TNT Fireworks requested a Special Use Permit to allow the operation of a Temporary Outdoor ending Establishment (seasonal fireworks sales). Property is in the Commercial Fringe (CF) zoning district located at 2478 New Salem Highway. Ms. Tomlin reviewed the application and staff comments contained in the BZA agenda package. If the Board approves the request, Staff recommends the following conditions: 1) The applicant shall provide certification that the tent is flame-resistant or treated to be flame-resistant. 2) The applicant shall keep and maintain a fire extinguisher on-site at all times. 3) The applicant shall keep the City’s fireworks ordinance posted on-site at all times. 4) Fireworks shall not be set-off on site. 5) The applicant shall apply for and pass an electrical safety inspection prior to opening for business. An electrical permit shall be purchased from the Building and Codes Department in order to obtain this inspection. 6) The fireworks tent shall meet all minimum building setback requirements for the CF zoning district and temporary firework vending standards. 2 BZA Minutes Regular Meeting April 24, 2019 Chairman Young opened the public hearing. There being no one to speak for or against the application, Chairman Young closed the public hearing. Ms. King made a motion to approve the request for a Special Use Permit to allow the operation of a Temporary Outdoor ending Establishment (seasonal fireworks sales). Property is in the Commercial Fringe (CF) zoning district located at 2478 New Salem Highway with the following conditions: 1) The applicant shall provide certification that the tent is flame-resistant or treated to be flame-resistant. 2) The applicant shall keep and maintain a fire extinguisher on-site at all times. 3) The applicant shall keep the City’s fireworks ordinance posted on-site at all times. 4) Fireworks shall not be set-off on site. 5) The applicant shall apply for and pass an electrical safety inspection prior to opening for business. An electrical permit shall be purchased from the Building and Codes Department in order to obtain this inspection. 6) The fireworks tent shall meet all minimum building setback requirements for the CF zoning district and temporary firework vending standards. The motion was seconded by Vice-Chair Halliburton and carried unanimously in favor. Application Z-19-009 by Joey Rouse of TNT Fireworks requested a Special Use Permit to allow the operation of a Temporary Outdoor ending Establishment (seasonal fireworks sales). Property is in the Commercial Fringe (CF) zoning district located at 2000 Old Fort Parkway. Ms. Tomlin reviewed the application and staff comments contained in the BZA agenda package. If the Board approves the request, Staff recommends the following conditions: 1) The applicant shall provide certification that the tent is flame-resistant or treated to be flame-resistant. 2) The applicant shall keep and maintain a fire extinguisher on-site at all times. 3) The applicant shall keep the City’s fireworks ordinance posted on-site at all times. 4) Fireworks shall not be set-off on site. 5) The applicant shall apply for and pass an electrical safety inspection prior to opening for business. An electrical permit shall be purchased from the Building and Codes Department in order to obtain this inspection. 6) The fireworks tent shall meet all minimum building setback requirements for the CF zoning district and temporary firework vending standards. Mr. Tipps made a motion to approve the request for a Special Use Permit to allow the operation of a Temporary Outdoor ending Establishment (seasonal fireworks 3 BZA Minutes Regular Meeting April 24, 2019 sales). Property is in the Commercial Fringe (CF) zoning district located at 2478 New Salem Highway with the following conditions: 1) The applicant shall provide certification that the tent is flame-resistant or treated to be flame-resistant. 2) The applicant shall keep and maintain a fire extinguisher on-site at all times. 3) The applicant shall keep the City’s fireworks ordinance posted on-site at all times. 4) Fireworks shall not be set-off on site. 5) The applicant shall apply for and pass an electrical safety inspection prior to opening for business. An electrical permit shall be purchased from the Building and Codes Department in order to obtain this inspection. 6) The fireworks tent shall meet all minimum building setback requirements for the CF zoning district and temporary firework vending standards. The motion was seconded by Ms. Foy and carried unanimously in favor. Staff Reports and Other Business None The meeting adjourned at 1:05 P.M. _____________________________ _______________________________ CHAIRMAN SECRETARY 4