Board of Zoning Appeals

Regular Meeting Minutes of the Murfreesboro Board of Zoning Appeals November 23, 2020 – 1:00 P.M. Council Chambers MEMBERS VIDEO PRESENT MEMBERS ABSENT Davis Young, Chair None Misty Foy Tim Tipps Ken Halliburton, Vice-Chair (participating electronically by video) Julie King (participating electronically by video) STAFF PRESENT Brad Barbee, Planner Roman Hankins, Assistant City Attorney Matthew Blomeley, Assistant Planning Director Brenda Davis, Recording Assistant Chairman Young called the meeting to order at 1:00 P.M. Chairman Young determined there was a quorum and stated that three members of the Board were present in person and Vice-Chairman Halliburton and Ms. King were present via Zoom video. Chairman Young said all votes will be by roll call. The minutes from the September 23, 2020 regular meeting were approved as submitted. New Business Special Use Permits Application Z-20-031 by Mr. R. Lyle Lynch of Johnson & Bailey Architects, PC, for Calvary Baptist Church, is requesting a special use permit in order to expand an existing institutional group assembly use (a church) for property located in a Single- Family Residential (RS-15) zone at 431 Dejarnette Lane. Mr. Barbee reviewed the application and staff comments. If the Board approves this request, Staff recommends the following conditions of approval: 1) A site plan shall be submitted to the Planning Department for review and approval prior to the issuance of a building permit. The site plan submittal shall include civil plans, landscape plan, photometric lighting plan, and building BZA Minutes Regular Meeting November 23, 2020 elevations and any other plans necessary to demonstrate compliance with the Zoning Ordinance and Design Guidelines. 2) The solid waste enclosure must be constructed as a component of this expansion and shall be of masonry construction and designed and constructed to meet minimum requirements in the Zoning Ordinance and Design Guidelines. 3) The existing gravel parking and maneuvering areas shall be removed and restored to a green condition prior to the issuance of the certificate of occupancy. The church’s representative and architect, Mr. R. Lyle Lynch, was present to answer any questions. Chairman Young opened the public hearing. There being no one to speak, Chairman Young closed the public hearing. Ms. King stated that she would abstain from voting because the Pastor is her neighbor. Mr. Tipps made a motion to approve the request with the following conditions: 1) A site plan shall be submitted to the Planning Department for review and approval prior to the issuance of a building permit. The site plan submittal shall include civil plans, landscape plan, photometric lighting plan, and building elevations and any other plans necessary to demonstrate compliance with the Zoning Ordinance and Design Guidelines. 2) The solid waste enclosure must be constructed as a component of this expansion and shall be of masonry construction and designed and constructed to meet minimum requirements in the Zoning Ordinance and Design Guidelines. 3) The existing gravel parking and maneuvering areas shall be removed and restored to a green condition prior to the issuance of the certificate of occupancy. The motion was seconded by Ms. Foy. Upon roll call, the motion was passed by the following vote: Aye: Ken Halliburton Misty Foy Tim Tipps Davis Young Nay: None Abstain: Julie King Application Z-20-032 by Mr. Jay B. Jackson, for Mr. Mahesh Patel, is requesting a special use permit in order to establish an accessory apartment for property located in a Residential Single-Family (RS-15) zone at 911 Springleaf Court. 2 BZA Minutes Regular Meeting November 23, 2020 Mr. Barbee reviewed the application and staff comments. If the Board approves this request, Staff recommends the following conditions of approval: 1) Electrical, gas, and other applicable permits must be obtained for the completion of the second kitchen. 2) Any direct connection (e.g., a doorway) from the second kitchen to an adjacent master bedroom area will first require an amendment to this Special Use Permit. Depending on the square-footage of the combined area, a variance to the maximum square-footage of 700 ft2 may also be required. 3) A deed restriction must be recorded stating that the accessory apartment will not be used as a rental unit to non-family members and that it will be used in a manner consistent with the zoning regulations for accessory apartments. Mr. Jackson and Mr. Patel were both present to answer any questions. Mr. Blomeley stated that this is an unusual situation as it is not being specifically designed to be an accessory apartment; however, in a single-family home when there is a second kitchen, it begins to mimic what a second dwelling unit might contain. He said that Staff reviewed the floorplan for this house, and if a door was cut between the second kitchen and one of the adjacent master suites, it has everything that would be required to create an independent dwelling unit. Mr. Blomeley said bringing this to the BZA makes the applicant aware of Staff’s expectations and will also get something on the record as to how this portion of the home can be used consistent with the zoning regulations. Mr. Tipps said he did not see think that what was proposed meets the definition of an accessory apartment, given the design, and that he didn’t think that it would ever be formally converted in the future to include an accessory apartment. Mr. Blomeley said Staff thought this process would be preferable as opposed to prohibiting them applicant from having a second kitchen. Mr. Tipps said he couldn’t see how we could prohibit them from having that kitchen. Accessory apartments include areas for food prep, sanitation, and sleeping. He said the only thing they are proposing is to have a sunroom that has a kitchen in it. Ms. King said her question is consistent with Mr. Tipps as she was more eager to understand what the determination was because the definition is listed as an accessory apartment for food preparation, sanitation, and sleeping. In the Staff report, it specifically has a contingency that would make it an accessory apartment if the second kitchen were to be combined with one of the adjacent two master suites. Ms. King asked if the City would be required to do an inspection if that kind of construction occurred on this property. Mr. Blomeley said if they were cutting a door, a permit would be required. 3 BZA Minutes Regular Meeting November 23, 2020 Ms. King asked would the City not be on alert that they are creating a space that is more consistent with an accessory apartment at such time when a building permit was obtained? Mr. Blomeley said yes, if a permit was obtained. Mr. Tipps reiterated that he doesn’t agree with the City’s determination that the proposal constitutes an accessory apartment. Mr. Blomeley said the accessory apartment isn’t required to be totally separate from the main dwelling unit. He said it has all the elements to make it stand alone as a separate accessory apartment. He said adding that second kitchen has been the benchmark for years for what is considered a second dwelling unit because you could take almost any configuration of the home, from that point, and make it into a separate dwelling unit. Mr. Blomeley said the same determination was made back in 2012 or 2013 with a house on Avellino Circle. Mr. Blomeley said the decision to bring this to the BZA was not taken lightly. He said that when a second kitchen is proposed, he feels it is Staff’s duty to protect the integrity of the single-family neighborhood. Staff has seen numerous times where people do work without permits. He repeated: 1) it has all the elements of an accessory apartment; and 2) we don’t want to set it up to be used in a manner that is inconsistent with what the zoning regulations would allow. He understands that what Mr. Jackson and Mr. Patel are wanting to do is very reasonable and Staff tried to create a path by which it feels comfortable with them getting there. Chairman Young said there have been instances previously where going through this process has helped ease the fears of the neighbors. Mr. Blomeley said he could see Mr. Tipps point and added that Staff doesn’t want to do anything that overburdens property owners. Mr. Tipps said he wasn’t on the BZA when the previous application was reviewed. He said since he has been on the Board, he doesn’t recall another application quite like this and that is why he made the strong comments. Ms. King said she agreed with Mr. Tipps stating the language in the staff comments are of concern in this instance given the fact that it is Staff’s belief that all the elements of an accessory apartment are present. She indicated that the Staff comments stated that there would have to be certain contingencies in place in order for the accessory apartment to actually be established. Ms. King said she did not recall the past application referenced earlier. If we are saying that all of the elements are present for an accessory apartment, she said it is concerning to her that we are only including the square footage of the second kitchen to determine square-footage of the accessory apartment. 4 BZA Minutes Regular Meeting November 23, 2020 Mr. Blomeley said Staff refrained from denoting a specific square-footage because the house could be divided up several different ways. He reiterated that it has all the elements of an accessory apartment, and we want to be able to revisit it in the future if structural modifications are made to make it formally used as one. Chairman Young asked Mr. Jackson if there was anything he wanted to add. Mr. Jay Jackson stated that the Board raised some interesting questions and he was confident he could make a compelling argument to a court if he needed to that this process is not necessary. He said, however, that he and his client want to cooperate with the City. Plus, they felt like it was the quickest way to accomplish the goal which is for him to get a Certificate of Occupancy. He said right now Mr. Patel has a temporary Certificate of Occupancy subject to being granted a special use permit. Without some resolution here, he still has his temporary Certificate of Occupancy. He said Mr. Patel has no intention of making this into an apartment and is comfortable with Staff’s recommended conditions of approval. Mr. Tipps asked what stage of completion the house is in. Mr. Jackson said Mr. Maurice Loveland, the General Contractor, is present and that he might be able to answer the question. Mr. Loveland said the house is 100% finished, pending this application before the BZA. Mr. Jackson said the only limitation with the temporary Certificate of Occupancy is this special use permit process. Chairman Young opened the public hearing. There being no one to speak, Chairman Young closed the public hearing. Ms. Foy asked why the deed restriction is necessary if this area is already zoned single- family. Mr. Blomeley said any of the recommended conditions are at the Board’s discretion whether to include or not to include. He said that is a standard condition the Board has recommended for years with Special Use Permits for accessory apartments. He said the purpose is simply to put future owners on notice that the accessory apartment must be used consistent with the applicable zoning regulations. Vice-Chairman Halliburton said he thinks that the special use permit process for accessory apartments is generally warranted and that in this case it is beneficial for the neighborhood. 5 BZA Minutes Regular Meeting November 23, 2020 Vice-Chairman Halliburton made a motion to approve the request with the following conditions: 1) Electrical, gas, and other applicable permits must be obtained for the completion of the second kitchen. 2) Any direct connection (e.g., a doorway) from the second kitchen to an adjacent master bedroom area will first require an amendment to this Special Use Permit. Depending on the square-footage of the combined area, a variance to the maximum square-footage of 700 ft2 may also be required. 3) A deed restriction must be recorded stating that the accessory apartment will not be used as a rental unit to non-family members and that it will be used in a manner consistent with the zoning regulations for accessory apartments. The motion was seconded by Ms. King. Upon roll call, the motion was passed by the following vote: Aye: Ken Halliburton Julie King Misty Foy Davis Young Nay: None Abstain: Tim Tipps Staff Reports and Other Business Ms. Foy announced that her daughter, Grace, was present today at the meeting. Ms. Foy thanked Grace for being there and watching the meeting. The meeting adjourned at 1:30 P.M. _____________________________ _______________________________ CHAIRMAN SECRETARY 6