Board of Zoning Appeals

CITY OF MURFREESBORO BOARD OF ZONING APPEALS Regular Meeting, September 27, 2023, at 1:00 p.m. City Hall, 111 West Vine Street, Council Chambers, 1st Floor AGENDA 1. Call to order 2. Determination of a quorum 3. Nominations and Elections a. Nomination and Election of Chair 4. Approval of minutes: June 28, 2023 5. New Business: Special Use Permit a. Application Z-23-032 by Matt Taylor of SEC, Inc. on behalf of Brenda Jarman, is requesting a special use permit to expand an institutional group assembly (Providence Christian Academy) to incorporate an existing building into the school campus for property located in the Single Family Residential (RS-15) district at 378 Dejarnette Lane. (Project Planner: Brad Barbee). b. Application Z-23-030 by Mrs. Angela Range, is requesting a special use permit to establish a home occupation (hair salon) on property in the Residential Single Family (RS-15) district located at 1303 Halifax Court. (Project Planner: Joel Aguilera) 6. Staff Reports and Other Business 7. Adjourn  MINUTES OF THE CITY OF MURFREESBORO BOARD OF ZONING APPEALS City Hall, 111 W. Vine Street, Council Chambers June 28, 2023 1:00PM Members Present: Staff Present: Davis Young, Chair Matthew Blomeley, Assistant Planning Director Ken Halliburton, Vice-Chair Marina Rush, Principal Planner Julie King Brad Barbee, Planner Tim Tipps Joel Aguilera, Planner Roman Hankins, Assistant City Attorney Ashley Fulghum, Recording Assistant Members Absent: Misty Foy 1. Call to Order: Chair Young called the meeting to order. 2. Determination of a quorum: Chair Young determined that a quorum was present. 3. Nominations and Elections: Elections deferred to the next meeting. 4. Consideration of Minutes: With there being no objection by any of the Board members, the minutes of the May 24, 2023, BZA meeting were approved as submitted. 5. New Business: a. Application [Z-23-026] by Maria Fernandez-Emmerth, requesting a special use permit to establish a home occupation (beauty and hair salon) on property zoned RS-10 at 2407 Bennington Drive. MURFREESBORO BOARD OF ZONING APPEALS MINUTES June 28, 2023 Mr. Joel Aguilera presented the Staff Comments regarding this item, a copy of which is maintained in the permanent files of the Planning Department and is incorporated into these minutes by reference. Ms. Maria Fernandez-Emmerth and her translator, Ms. Vickie Galindo, were present to answer questions. Chair Young opened the public hearing. There being no one to speak for or against the request, Chair Young closed the public hearing. Vice-Chair Ken Halliburton voiced concerns about the size of the window. The Board, Staff and the applicant discussed window size. Chair Young inquired about calls the Planning Department receives about approved home occupations. Mr. Aguilera stated that he has not received many. The Board and Staff discussed exterior aesthetics in relation to remodels for home-based businesses. The Board is concerned with preventing the use of commercial features in residential areas. Vice-Chair Ken Halliburton moved to approve the special use permit subject to all Staff comments and the addition of an eighth condition for the window and door; the motion was seconded by Mr. Tim Tipps and was carried by the following vote: Aye: Vice-Chair Ken Halliburton Julie King Tim Tipps Chair Davis Young Nay: None b. Application [Z-23-027] by Clyde Rountree of Huddleston Steele Engineering on behalf of Veterans Plaza, LLC., requesting a special use permit to operate a Self-Service Storage Facility on property zoned CF at 4560 Veterans Parkway. Mr. Brad Barbee presented the Staff Comments regarding this item, a copy of which is maintained in the permanent files of the Planning Department and is incorporated into these minutes by reference. Mr. Clyde Rountree was present to answer questions. Vice-Chair Halliburton inquired about the Western portion of the property. Mr. Barbee responded that it is part of a future phase that is not part of the application. 2 MURFREESBORO BOARD OF ZONING APPEALS MINUTES June 28, 2023 Ms. Julie King inquired about the previous BZA approval. Mr. Barbee explained the changes that had been made. Vice-Chair Halliburton inquired about the architectural design. Mr. Barbee presented the Board with the building elevations. Chair Young inquired about the distance of the building from the residences to the north of the property. Mr. Barbee replied that the lateral distance is between 37-40 feet. Mr. Tipps inquired about the height of the building. Mr. Rountree responded that it is 16 feet. Mr. Tipps requested an explanation of the lighting. Mr. Rountree gave an overview of the lighting design. BZA expressed concern with the light glare onto the neighboring properties and requested light design that will not shine into backyards. Staff recommended uplighting installed on the building walls. Chair Young inquired about the natural buffer. Mr. Rountree stated that they will try to preserve the natural buffer. Chair Young opened the public hearing. There being no one to speak for or against the request, Chair Young closed the public hearing. Vice-Chair Halliburton inquired about the fence. Mr. Rountree stated that there will be a privacy fence, but they are unsure of the exact location. Mr. Tim Tipps moved to approve the special use permit subject to all Staff comments including the wall lighting; the motion was seconded by Vice-Chair Ken Halliburton and was carried by the following vote: Aye: Vice-Chair Ken Halliburton Julie King Tim Tipps Chair Davis Young Nay: None c. Application [Z-23-028] by MTCS, represented by Matt Taylor of SEC, requesting a special use permit to expand an institutional group assembly use for a pre-school building addition, playground and parking on property zoned RS-15 at 100 East MTCS Road. Mr. Joel Aguilera presented the Staff Comments regarding this item, a copy of which is maintained in the permanent files of the Planning Department and is incorporated into these minutes by reference. Mr. Matt Taylor was present to answer questions. 3 MURFREESBORO BOARD OF ZONING APPEALS MINUTES June 28, 2023 Mr. Tipps inquired about the traffic impact study. Mr. Taylor explained the findings of the traffic impact studies conducted. Mr. Tipps inquired about the impact of additional traffic on Memorial Boulevard. Mr. Taylor believes that the changes to the campus will help. Mr. Tipps inquired about the potential head count for the Early Learning Center. Mr. Taylor estimates 100 children. Chair Young opened the public hearing. There being no one to speak for or against the request, Chair Young closed the public hearing. Ms. Julie King moved to approve the special use permit subject to all Staff comments; the motion was seconded by Vice-Chair Ken Halliburton and was carried by the following vote: Aye: Vice-Chair Ken Halliburton Julie King Tim Tipps Nay: None Abstain: Davis Young 6. Staff Reports and Other Business: The Board and Staff discussed the statue passed by the Tennessee Legislature requiring a public comments section for all meetings. The Board and Staff discussed requirements for exterior appearances for future applications. 7. Adjourn: There being no further business, Chair Young adjourned the meeting at 1:59pm. ______________________________ ________________________________ CHAIRMAN SECRETARY 4  MURFREESBORO BOARD OF ZONING APPEALS STAFF REPORT SEPTEMBER 27, 2023 PROJECT PLANNER: BRAD BARBEE Application: Z-23-032 Location: 378 DeJarnette Lane Applicant: Matt Taylor of SEC, Inc. on behalf of Providence Christian Academy Owner: Brenda Jarman Zoning: RS-15 (Single-Family Residential District) Request: A special use permit for the expansion of an existing institutional group assembly use (Providence Christian Academy). 1 Overview of Request Providence Christian Academy, located along the south side of Dejarnette Lane and zoned RS-15 (Single-Family Residential District), requests a Special Use Permit for the expansion of their existing private school facility by incorporating the subject property at 378 Dejarnette Lane as a part of their campus. Private Schools (K-12) are classified as institutional group assembly uses, which are allowed only after the issuance of a Special Use Permit in the RS-15 zone. A special use permit for the private school was originally granted in 1998 and multiple modifications to the Special Use Permit have been approved which have expanded the facility since that time. The existing school is located at 410 Dejarnette Lane, and the property in question is located at 378 DeJarnette Lane, just to the east of the City of Murfreesboro’s Sports*Com facility. It is bordered by property that is also zoned RS-15 to the east, south, and west. The property to the east and south is currently developed as the Providence Christian Academy campus. The property to the west is a part of the Northsprings Subdivision, Section 2. The property across Dejarnette Lane to the north is developed as the Bradford Place single-family residential subdivision, which is zoned PUD (Planned Unit District). This requested addition to the campus includes an existing single-family dwelling that is proposed to be converted to office and meeting space for the operation of the school. It is anticipated that this space will mostly be used Monday through Friday from 7:00AM until 5:00PM. No classrooms are proposed inside the existing house with this application. Additional parking is proposed to be located in the rear of the existing house and the existing residential driveway accessing Dejarnette Lane is proposed to be removed and relocated to the eastern side of the property, away from the adjacent single-family residence to the west. The existing dumpster enclosure located on the school campus will be utilized for the disposal of solid waste. Additional landscaping will be provided to meet City of Murfreesboro standards and will include a 12ft wide type C buffer along the western property line to provide privacy for the neighboring residential property. Relevant Zoning Ordinance Sections Chart 2 of the City of Murfreesboro Zoning Ordinance allows school uses as a special use in the RS-15 district. City of Murfreesboro Zoning Ordinance Section 9(D)(zz) sets forth standards for institutional group assembly uses, such as schools, in addition to the Standards of General Applicability in Section 9(C). The applicable standards are listed below with information from Staff on how the applicant intends to address them. After reviewing the standards of general applicability as well as the specific standards for institutional group assembly uses, this project appears to meet the criteria. 2 Standards of General Applicability with Staff analysis 1. That the proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, and utility facilitates, and other matters affecting the public health, safety, and general welfare. The proposed expansion and conversion of the existing home to school offices should not have any substantial adverse effect on the adjacent property or neighborhood. The applicants have proposed closing the existing entrance to the west that is adjacent to the existing neighbor and creating a new driveway and entrance to the east while locating parking to the rear of the structure. In addition, additional landscaping will be provided, including a buffer along the shared property line. 2. That the proposed building or use will be constructed, arranged and operated so as to be compatible with the immediate vicinity and not to interfere with the development and use of adjacent property in accordance with the applicable district regulations. The expansion should be compatible with the neighborhood as no significant changes are anticipated to the exterior to the structure. It will retain the outer appearance of a single-family home. 3. That the proposed buildings or use will be served adequately by essential public facilities and services such as highways, streets, parking spaces, drainage structures, refuse disposal, fire protection, water and sewer; or persons or agencies responsible would provide such services. The proposed expansion should have minimal impact on the above items. Additional demand for utilities will be minimal. Parking is available on the PCA campus along with additional parking that will be located behind this existing house. A pedestrian sidewalk is also proposed to connect the main campus to this structure. 4. That the proposed building or use will not result in the destruction, loss, or damage of any feature determined by the BZA to be significant natural, scenic, or historic importance. Neither Staff nor the applicant are aware of any such features associated with this property. 5. That the proposed building/use complies with all additional standards imposed on it by the particular provision of this section authorizing use. The proposed use will comply with the additional standards for institutional group assembly uses. (See below for additional detail.) 3 Additional Standards for Institutional Group Assembly with Staff Analysis [1] Parking areas shall be designed and arranged so that backing from the site onto a public right-of-way will not be necessary and adequate space will be available for vehicles to turn around on-site. An on-site off-street area shall be provided for vehicles to load and unload passengers. Parking areas shall not be permitted in the required front yard; No parking areas requiring vehicles to back out onto public right-of-way are included, nor are any parking areas proposed to be located in the required front yard. The request depicts adequate off-street area for parking and for vehicles to load and unload. [2] In all residential districts an institutional group assembly use shall have a lot size not less than three times the minimum lot size permitted in the zoning district where the institutional group assembly use is proposed to be located. In the event the institutional group assembly use is proposed to be located on land that has two or more different zoning classifications, the minimum lot size shall be calculated by applying the larger required minimum lot size; The existing school property is 17.98 acres according to the Rutherford County Property Assessor’s Office, which is zoned RS-15, which is about ~783,208 square- feet. This additional property is approximately 1.0 acre or +/- 43,560 square-feet. In order for the building in question to be accessory to the school use and school building, the lot in question will need to be combined with the main school property via a subdivision plat. Once both parcels are combined, the lot would total approximately 18.98 acres or ~826,768 square-feet. The minimum lot size required in the RS-15 district is 15,000 square-feet, so the minimum lot size for an institutional group assembly use in an RS-15 zone is 45,000 square-feet. The subject property would meet this requirement. [3] On-site lighting for parking areas, fields for athletics, scoreboards, and grounds shall be arranged in such a manner as to minimize intrusion of lighting into areas zoned or used for residential or medical purposes. To this end, a plan depicting the proposed location of on-site exterior lighting fixtures shall be submitted for review by staff and the BZA. Such plan shall depict the arrangement of the lighting fixtures, their height, their specifications, and the direction in which lighting will be oriented. Additional information may be required by the staff or the BZA in order to verify whether the lighting will be intrusive into areas zoned or used for residential or medical purposes; According to the applicant, any new lighting proposed will comply with the City’s lighting requirements to prevent light intrusion on neighboring properties. In addition, the parking area is proposed to be buffered from adjacent properties further preventing light intrusion. Any new site lighting will be required to adhere to all lighting standards found in the Zoning Ordinance and the Design Guidelines. A photometric lighting plan, as well as additional details on any new lighting fixtures, will be required to be submitted during the site plan review process. [4] Applications for an institutional group assembly use shall indicate the proposed locations of garbage dumpsters or receptacles. These facilities shall be located in such a manner as to minimize adverse effects upon neighboring properties and aesthetics from the public right-of-way. The use of dumpsters may be prohibited in the event the BZA determines that such would have a detrimental effect upon the adjacent property; 4  According to the applicant, a dumpster located within a masonry solid waste enclosure is located along the southern portion of the main school campus. This enclosure is screeded, as required, with landscaping in order to minimize any potential negative effects on neighboring properties. Any refuse generated by the office use in the structure in question will be disposed of in the existing dumpster. [5] Areas for outdoor recreational use or outdoor group activities shall be screened or fenced in such a manner as to provide an effective buffer for adjacent uses. Screening shall be required pursuant to Section 27 of this article or as required by the BZA; There are existing recreational areas on the main campus. According to the applicant, these are proposed to be used on a limited basis and the existing vegetation along property lines will remain to be used as buffers. No new recreational areas are included as a part of this application. [6] The number of required parking spaces provided on-site shall be in accordance with Chart 4 of this article provided, however, if the applicant can present evidence satisfactory to the BZA that a substantial portion of the expected users will arrive at the institutional group assembly use by bus, bicycle, walking, or by carpooling or that off- street parking areas on adjacent or nearby properties will be available on a long term basis, the BZA shall have authority to determine the number of required parking spaces to be provided on-site. The BZA may require that a reserve area be retained on-site for future expansions of the parking area; The Murfreesboro Zoning Ordinance required 263 parking spaces for the Providence Christian Academy campus. According to the applicant, 387 parking spaces are provided. Even though no additional parking spaces are required by ordinance, additional parking spaces have been proposed as a convenience to the occupants of the building. [7] an application for a special use permit for an institutional group assembly use shall be accompanied by a description of uses or activities proposed for the facility which may be subject to separate regulation or which may result in unusual traffic patterns, traffic volumes, or other detrimental impacts upon adjacent properties, including but not necessarily limited to those uses which would require a special permit if not a part of the institutional group assembly use; According to the applicant, no change in school activities is associated with this application. The new area will generally be used for office purposes during daytime hours. [8] the BZA shall have authority to approve an on-site location with water, sewer, and electric utility connections for accommodations for travel trailers or R.V.s (recreational vehicles) for use by visiting or traveling speakers or guests associated with the institutional group assembly use. Provided, however, such location for travel trailers or R.V.s shall not be permitted for use as a permanent residential dwelling unit; According to the applicant, no such uses are being requested with this application. [9] the BZA shall have the authority to grant variances to the standards imposed by this subsection for temporary or short-term uses of property for the institutional group assembly use purposes. In such cases, the BZA may impose conditions of approval to assure the compatibility of the short-term land use with other property in the vicinity of the proposed use; and According to the applicant, no temporary or short-term uses are proposed at this time. The applicant is not requesting any variances associated with such uses. 5  [10] the application for a special use permit for an institutional group assembly use shall indicate any intentions for the use of systems for the external broadcast of speech, music, or other sounds. If such are proposed, the applicant shall indicate the times of day and duration of their proposed use. The BZA shall have the authority to place restrictions upon their use in order to minimize excessive noise from intruding upon neighboring properties especially those zoned or used for residential purposes. In no event shall the BZA approve the use of such which would be in violation of the City Code or ordinances regulating noise. BZA approval does not constitute a waiver of any City Code or ordinances regulating noise. The applicant attests that the use will comply with this standard. According to the applicant, there is no intention to attach a speaker to this building. Recommended Conditions of Approval: 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 be substantially consistent with the concept site plan submitted to the BZA and 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) A final plat must be submitted that will combine the existing Providence Christian Academy parcel with this additional parcel and said plat must be recorded prior to the issuance of any building permits. 3) A Type C buffer shall be planted along the west property line of the subject property. The applicant will be in attendance to respond to any questions the Board may have. Attached Exhibits 1) BZA Application 2) Applicant Letter 3) Site Photos 4) Site Plan and Architectural Elevations 6  Owner/Applicant: Providence Christian Academy 410 DeJarnette Ln. Murfreesboro, TN 37130 Deed Reference: Tax Map 81, Parcel 2.00 R. Bk. 630, Pg. 336 Yard Requirements: Front: 40' Side: 12.5' Rear: 30' Intended Use: School Land Use Data: Zoned: RS-15 1&2-Story Building's Building Ht.: 43'-8" Ground Floor: 44,158 Sq.Ft. Classrooms/Gymnasium 4,267 Sq.Ft. Dining Hall (Future) 9,822 Sq.Ft. Auxiliary Gymnasium (Future) Second Floor: 15,662 Sq.Ft. Shell Classroom Space Total Floor Space: 59,820 Sq.Ft. (Proposed) 1 Lot on: 18.01± Acres Parking Requirement: Kindergarten: 1 Space/ 5 Students x 100 Students = 20 Spaces Grades 1-12: 1 Space/5 Seats in Auditorium x 1000 Seat Gym = 200 Required Spaces Total Required Spaces = 220 Spaces Provided: 668 Regular + 6 H.C. = 674 Total Spaces Provided Existing Site Parking Requirements: Kindergarten: 1 Space/ 5 Students x 33 Students = 7 Spaces Grades 10-12: 1 Space/5 Seats in Auditorium x 433 Seats = 87 Spaces ST D ERE ENGI or Grades 1-9: 2 Per Classroom x 35 = 70 Spaces RE E NE GI R Grades 10-12: 5 Per Classroom x 7 = 35 Spaces AGRICULTURE Total Curently Required = 7 + 70 + 35 = 112 Spaces E AT C OM M E RC SE E Total Provided After Portable Installation = 137 Spaces ST E S OF T E N N E Flood Map No.: This site lies within Zone X, not in the 100 Year Floodplain, per Community Panel 47149C0163H dated January 5, 2007. DEJ A (MIN RNET OR A TE L RTE A RIAL NE ) SITE ENGINEERING CONSULTANTS D ENGINEERING SURVEYING LAND PLANNING ERE ENGI ST LANDSCAPE ARCHITECTURE RE ER GI NE AGRICULTURE 850 MIDDLE TENNESSEE BOULEVARD MURFREESBORO, TENNESSEE 37129 PHONE: (615) 890-7901 E-MAIL: MTAYLOR@SEC-CIVIL.COM FAX: (615) 895-2567 C OM E E NO PORTION OF THIS DRAWING MAY BE REPRODUCED WITHOUT THE EXPRESSED WRITTEN CONSENT OF S.E.C. INC. A M E RC STTE SE The site as shown on these construction drawings is intended to achieve specific engineering design criteria and objectives. It is the sole S responsibility of the owner/developer to ensure that the construction of the site shown on these construction drawings is in total accordance with the design as noted, described, and illustrated. The engineer assumes no administrative liability or responsibility in the assurance that OF T E N N E the site is constructed in accordance with the construction plans.  SITE ENGINEERING CONSULTANTS D ENGINEERING SURVEYING LAND PLANNING ERE ENGI ST LANDSCAPE ARCHITECTURE RE ER GI NE AGRICULTURE 850 MIDDLE TENNESSEE BOULEVARD MURFREESBORO, TENNESSEE 37129 PHONE: (615) 890-7901 E-MAIL: MTAYLOR@SEC-CIVIL.COM FAX: (615) 895-2567 C OM E E NO PORTION OF THIS DRAWING MAY BE REPRODUCED WITHOUT THE EXPRESSED WRITTEN CONSENT OF S.E.C. INC. A M E RC STTE SE The site as shown on these construction drawings is intended to achieve specific engineering design criteria and objectives. It is the sole S responsibility of the owner/developer to ensure that the construction of the site shown on these construction drawings is in total accordance with the design as noted, described, and illustrated. The engineer assumes no administrative liability or responsibility in the assurance that OF T E N N E the site is constructed in accordance with the construction plans. DEJ A (MIN RNET OR A TE L RTE A RIAL NE ) SITE ENGINEERING CONSULTANTS D ENGINEERING SURVEYING LAND PLANNING ERE ENGI ST LANDSCAPE ARCHITECTURE RE ER GI NE AGRICULTURE 850 MIDDLE TENNESSEE BOULEVARD MURFREESBORO, TENNESSEE 37129 PHONE: (615) 890-7901 E-MAIL: MTAYLOR@SEC-CIVIL.COM FAX: (615) 895-2567 C OM E E NO PORTION OF THIS DRAWING MAY BE REPRODUCED WITHOUT THE EXPRESSED WRITTEN CONSENT OF S.E.C. INC. A M E RC STTE SE The site as shown on these construction drawings is intended to achieve specific engineering design criteria and objectives. It is the sole S responsibility of the owner/developer to ensure that the construction of the site shown on these construction drawings is in total accordance with the design as noted, described, and illustrated. The engineer assumes no administrative liability or responsibility in the assurance that OF T E N N E the site is constructed in accordance with the construction plans.  MURFREESBORO BOARD OF ZONING APPEALS STAFF REPORT SEPTEMBER 27, 2023 PROJECT PLANNER: JOEL AGUILERA Application: Z-23-030 Location: 1303 Halifax Court Applicant: Angela Range Owner: Angela Range Zoning: RS-15 (Single-Family Residential- 15,000 square feet minimum lot size) Requests: A special use permit to establish a home-based business for a hair salon 1 Overview of Request Background The applicant, Angela Range, is requesting a Special Use Permit (SUP) to establish a one-chair hair salon inside of her residence located at 1303 Halifax Court, in the Scottland Acres subdivision. The property has two driveways, one in front of the residence, along Halifax Court, and one on the side of the house, along Glasgow Drive. The subject property is zoned Single Family Residential (RS-15). Because her business will generate customer traffic, a Special Use Permit is required from the Board of Zoning Appeals pursuant to Section 9 of the Zoning Ordinance. Summary of Proposed Use The applicant will remodel a small room in the house for the proposed home-based business. Per the applicant’s written statement, the proposed hair salon will have one chair, there will be no employees besides herself, and the hours of operation will be from 8am to 7pm, Monday, Tuesday, Thursday, Friday, Saturday, and on Wednesday 8am to 4pm. The business will operate by appointment only and will have one client at a time on the property, and the client will be required to park on the driveway and not the street. The applicant proposes to have no more than 6 clients per day and appointments will be scheduled so that there will be no overlapping appointments and only one customer on-site at a time. The applicant has stated that the front driveway will be used by clients, and that there will be no parking on the street. The approximate square footage of the house is 4,204 and the proposed salon will occupy 346 square feet, which equates to 12% of the home’s floor area. If any internal work or improvements require a building permit, including but not limited to work that might require an electrical, plumbing or other permit, the applicant will obtain any needed permits prior to commencing work. The applicant discussed this with the Building and Codes Department and anticipates that the proposed plumbing work will require a plumbing permit. No exterior structural modifications are proposed with this application. The applicant will install one attached sign limited to a maximum area of 3 square feet, on the side entrance door or near the side entrance door, where the customers will enter. An exhibit of the sign and location has been included in the application materials. The attached sign will not exceed 3 square feet, in conformance with what the Zoning Ordinance allows for home-based business. Staff Analysis The purpose of a special use permit is to allow for the review of a use in a zoning district, which, by the nature of the use and its potential intensity impact on an area, is not a use allowed by right within that zoning district. A special use permit may be approved with special conditions to minimize any adverse effects and to ensure compatibility with the surrounding area. Staff has reviewed the application for compliance with the Standards of General Applicability as well as the additional standards for home-based business and believe that the proposed use is compliant with all such standards and is consistent with previously approved home occupation requests. Should the BZA determine specific elements to be impactful, the BZA may impose specific conditions to mitigate any potential impacts and ensure the compatibility with the surrounding area. 2 Relevant Zoning Ordinance Section(s) City of Murfreesboro Zoning Ordinance Section 9(D)(2)(rr) sets forth Standards for Home Occupations in addition to the Standards of General Applicability Section 9(C). The applicant has affirmed in her special use permit application letter that the home-based business will be operated in compliance with all zoning requirements. The applicable standards are listed below with information from Staff on how the applicant intends to address them. After reviewing the criteria for the special use requirements for home- based business, this project appears to meet the criteria. Standards of General Applicability, Section 9 (C), with Staff Analysis: 1. That the proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety, and general welfare; o Staff has reviewed the application and associated documents, and, as proposed, staff believes that the proposed use will have no adverse impact on the above-mentioned elements. The salon will be operated within the residence, the customers will only park on one of the existing driveways and not in the right-of-way, no exterior building changes are proposed, no noise will be generated, and there will only be one customer at a time at the residence. As proposed and with the recommended conditions of approval, the home-based salon will not have a substantial or undue adverse effect upon the adjacent properties, character of the neighborhood, traffic, conditions, parking, utilities or other matters affecting the public health, safety and general welfare. 2. That the proposed building or use will be constructed, arranged, and operated so as to be compatible with the immediate vicinity and not to interfere with the development and use of adjacent property in accordance with the applicable district regulations; o Staff has reviewed the application and associated documents, and, as proposed, staff believes that the proposed use will have no adverse impact on the above-mentioned elements. The existing house proposed for the home-based business will remain a residence for the property owner, and no new structures or changes to the house are proposed or needed. The driveway can accommodate four or more vehicles and will be adequate to provide on-site parking for the home-based hair salon. Customers will be allowed by prior appointment only within the time frame specified in the Special Use Permit. Customers will not be permitted on-site except during the approved operating hours. As such, the home-based salon will be operated in a manner that will be compatible with the immediate vicinity and not interfere with the development and use of the adjacent properties in accordance with the applicable single-family residential zoning district. 3. That the proposed buildings or use will be served adequately by essential public facilities and services such as highways, streets, parking spaces, drainage structures, refuse 3  disposal, fire protection, water and sewer; or that the persons or agencies responsible for the establishment of the proposed use will provide adequately for such services; o As proposed, staff believes that there will be no adverse impact on the above-mentioned elements associated with proposed use. For this property, existing services are already provided for this property, parking will be on the existing driveway, the use will not generate significant traffic impacts in the neighborhood because it will be one customer at a time. This standard has been met. 4. That the proposed building or use will not result in the destruction, loss, or damage of any feature determined by the BZA to be of significant natural, scenic, or historic importance; o In review of the property, there are no known significant natural, scenic, or historic features existing on the subject property, this standard has been met. 5. The proposed building or use complies with all additional standards imposed on it by the particular provision of this section authorizing such use: o The proposed home-based hair salon will comply with the additional standards for home occupations discussed below. Home Occupations – Additional Standards, Section 9(D)(2)(rr), with Staff Analysis 1. No person who is not a resident of the dwelling unit may be employed in connection with the home occupation at the dwelling unit or on the property; o The applicant has confirmed that there will be no employees other than herself working at the proposed hair salon. 2. One attached business sign, not exceeding three square feet, may be permitted subject to approval by the BZA. Such signs shall not be permitted by right; o The applicant will install one attached sign limited to a maximum area of 3 square feet, on the side entrance door or near the entrance door, where the customers will enter. The applicant has attached an exhibit to clarify the exact location of the proposed sign. 3. There shall be no alteration of the residential building which changes the character as a dwelling. No display of products shall be visible from the street; o The applicant has confirmed that no exterior modifications to the house or new structures are proposed or needed for the proposed home-based salon. 4. The home occupation shall be incidental and subordinate to the residential use of the dwelling unit. No more than twenty-five percent (25%) of the area of a residential dwelling unit and accessory structure, if used as part of the home occupation, shall be devoted to the home occupation. In the event the home occupation is to be conducted totally from within an accessory structure, no more than five hundred square feet of area 4  may be devoted to such home occupation. No more than one home occupation shall be permitted per residential dwelling unit and any related accessory structure; o Per the attached floor plan with the application materials, the applicant has demonstrated that the proposed use will occupy 346 square feet, which equates to 12% of the home’s floor area. This standard has been met. 5. No mechanical or electrical equipment may be used in a residential dwelling unit or accessory structure in connection with a home occupation except such types as are customary for domestic, household, or hobby purposes; personal computers and facsimile machines may be used. Machinery that causes noise likely to be heard by neighbors or interference with radio or television reception shall be prohibited; o The proposed hair salon will use common household appliances, as well as a stylist chair, shampoo bowl, and other common stylist accessories. No noise will be generated or audible outside of the residence. 6. There shall be no storage outside a principal building or accessory structure of equipment or materials used in connection with the home occupation; o The applicant has confirmed that there will be no outside storage of goods or materials in connection to the purposed use. 7. There shall be adequate provision for any traffic generated by such home occupation including off-street parking if required by the BZA; o Staff believes that this standard has been met as there will be adequate parking on the property to park on site on the front driveway, along Halifax Court. No additional parking on site is needed nor parking in the public right-of-way. 8. Group instruction in connection with the home occupation may be permitted subject to approval by the BZA. For the purposes of this subsection, instruction shall be group instruction if it involves more than two students at any time. The BZA may place a maximum number of students that may be on-site at any time and may establish limitations on the frequency of such group instruction. o This requirement is not applicable to this application as there will not be any students or group instruction involved for this use. 9. The following activities and land uses shall not be permitted as home occupations: automotive repair (body or mechanical), upholstery or painting, kennels, taxi service, gun dealers, or charter bus service; o This requirement is not applicable to this application. This request is for a hair salon, and not any of the above uses. 5 10. The BZA may require additional standards in order to assure the compatibility of the home occupation with other property in the vicinity of the home occupation and to assure the residential character of the neighborhood is maintained. o Included with the staff report are recommended conditions of approval for the Special Use Permit to ensure the residential character of the neighborhood will be maintained. Staff recommends the condition of approval that the Special Use Permit, if approved, cease with the property upon sale or transfer of property ownership. The applicant understands this requirement. Staff Comments: The applicant has revised her original hours of operation of the salon to have the first customer arrive no earlier than 8 AM and be closed no later than 7 PM. The applicant’s original request was to allow the first customer to arrive by 7 AM and be closed no later than 10 PM. Staff is recommending the home hair salon not open until 8 AM, and close no later than 7 PM, as this time frame is consistent with previous home occupations the Board of Zoning Appeals has approved. This later start time will help minimize conflicts with the peaceful enjoyment of the neighboring residential uses. Because the proposed home-based business to operate a one-chair hair salon meets the Standards of General Applicability and the Additional Standards for Home Occupations, staff recommends approval of the Special Use Permit subject to the following conditions of approval. Recommended Conditions of Approval: 1. Customer visits shall be by appointment only. 2. No more than one customer at a time shall visit the home-based business, and there shall be no overlapping of customer appointments. 3. Any proposed signage shall comply with the Zoning Ordinance, including that it must be attached and cannot exceed three square feet. Signage shall be subject to any applicable permitting requirements. 4. The home-based business hours of operation shall be from 8:00 AM and to 7:00 PM on Monday, Tuesday, Thursday, Friday, and Saturday. On Wednesday, hours of operation shall be from 8:00 AM to 4:00pm. The business shall be closed on Sunday and shall not be in operation before 8:00 AM or after 7:00 PM on any other day of the week. In addition, customers shall not arrive on any day before 8:00 AM and shall depart no later than the closing times listed above. 5. All parking associated with the home hair salon shall only be on the driveway on the subject property. 6. Any required permits for electrical, plumbing, mechanical, etc., shall be applied for prior to commencing work, and pass any required inspections with the Building and Codes Department prior to the opening of the business at this location. 7. Applicant shall include a signed copy of the BZA approval letter with the business license application materials. 8. The special use permit shall lapse upon sale or transfer of the property. 6 Attached Exhibits 1. BZA procedure form 2. Supporting evidence document 3. BZA Application 4. Comments from residences 7  Board of Zoning Appeals Procedure Form Request for Home Occupation This form only pertains to special use permit requests for the Board of Zoning Appeals. The information contained in this document shall not be considered exhaustive and shall only serve to summarize the details of the special use permit request for the Board of Zoning Appeals and Planning Department staff. Additional information may be requested during the review process as determined by the zoning administrator. Date: 07/24/2023 Applicant name & title: Angela Range, Cosmetologist Planner name: Application request: Special Use Permit for home based business Purpose of request: Single Stylist Hair Salon by appointment only with one client scheduled at a time. Section 8 – Procedure for Uses Requiring Special Use Permits a) Name, address, and telephone number of the applicant Angela Range 1303 Halifax Ct Murfreesboro, TN 37130 (615) 293-0417 b) Nature and extent of applicant’s ownership interest in subject property My husband and I are owners of the property as of 08/18/2023 c) Site plan to be submitted for review by City Staff and Board of Zoning Appeals I have included the floor plan with measurements along with my request letter. d) Address of the site of the proposed special use 1303 Halifax Ct. Murfressboro, TN 37130 e) Vicinity map showing the property of the proposed special use and all parcels within a five-hundred-foot radius I have included the map along with my request letter. 1  f) Zoning classification the property of the proposed special use RS-10 g) The property of the proposed special use shall have the following characteristics: 1) Hours and days of operation 8am- 7pm 8am- Monday, Tuesday, Thursday, Friday, Saturdays 7am-10pm and Wednesdays 7am-4pm by appointment only, no walk-in clients. 2) Duration of the proposed special use 6 days a week 3) Number of expected patrons that will be expected to utilize the property of the proposed special use Up to 6 patrons per day with no overlap between clients 4) Projected traffic that will be expected to be generated by the proposed special use No traffic is anticipated due to one client scheduled at a time and ample parking available on site. with no overlap between clients h) Potentially harmful characteristics of the proposed special use for the zoning district in which it is proposed and the manner in which the applicant proposes to eliminate or minimize them I do not have anything potenitally harmful to propose. Section 9 – Standards for Special Use Permits Standards for General Applicability. An applicant for a special use permit shall present evidence at the public hearing on such special permit. Please explain how you will comply with the following standards: 1) that the proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety, and general welfare; There will be no substantial or undue adverse effect upon adjacent property, the neighborhood, traffic, or utilities. The salon will be operated inside the residence, there is plenty of parking available in the driveway for one client car, only one client at a time by appointment, the loudest equipment used is a blow dryer for hair. no overlap between clients. 2  2) that the proposed building or use will be constructed, arranged, and operated so as to be compatible with the immediate vicinity and not to interfere with the development and use of adjacent property in accordance with the applicable district regulations; There will be no more than one customer at a time, there will be no employees besides me at the business, and the customers will park in the driveway. Customers will enter salon through salon door at the front of my home. 3) that the proposed buildings or use will be served adequately by essential public facilities and services such as highways, streets, parking spaces, drainage structures, refuse disposal, fire protection, water and sewers; or that the persons or agencies responsible for the establishment of the proposed use will provide adequately for such services; No additional or undue stress will be places on public facilities or resources due to only one customer at a time visiting the property, by appointment only. 4) that the proposed building or use will not result in the destruction, loss, or damage of any feature determined by the BZA to be of significant natural, scenic, or historic importance; and, No features of significant natural, scenic, or historic importance are known to be on the subject property or in this general area. 5) that the proposed building or use complies with all additional standards imposed on it by the particular provision of this section authorizing such use. I will comply with all the standards stated and operate the business in a responsible manner. Standards for (rr) Home occupations Please explain how you will comply with the following standards: [1] no person who is not a resident of the dwelling unit may be employed in connection with the home occupation at the dwelling unit or on the property; I will be the only person working in this salon and will not employ anyone else. 3  [2] one attached business sign, not exceeding three square feet, may be permitted subject to approval by the BZA. Such signs shall not be permitted by right; The only sign I would place will be located next to the entrance on the exterior to exceed no more than 3 square feet. Or on the entry door. [3] there shall be no alteration of the residential building which changes the character as a dwelling. No display of products shall be visible from the street; No Modifications will be made to the exterior of the building. [4] the home occupation shall be incidental and subordinate to the residential use of the dwelling unit. No more than twenty-five percent (25%) of the area of a residential dwelling unit and accessory structure, if used as part of the home occupation, shall be devoted to the home occupation. In the event the home occupation is to be conducted totally from within an accessory structure, no more than five hundred square feet of area may be devoted to such home occupation. No more than one home occupation shall be permitted per residential dwelling unit and any related accessory structure; The structure has a total of 4204 sqft and a total of 346.48 sqft will be used for in home salon area which includes half bath. This equates to 12% of the home area. Salon Area will not exceed 25% of the home. [5] no mechanical or electrical equipment may be used in a residential dwelling unit or accessory structure in connection with a home occupation except such types as are customary for domestic, household, or hobby purposes; personal computers and facsimile machines may be used. Machinery that causes noise likely to be heard by neighbors or interference with radio or television reception shall be prohibited; All equipment used will be standard household equipment. A blow dryer for hair would be the loudest equipment used. 4 [6] there shall be no storage outside a principal building or accessory structure of equipment or materials used in connection with the home occupation; I will not store any items outside of the principal building or accessory structure that are related to this business. [7] there shall be adequate provision for any traffic generated by such home occupation including off-street parking if required by the BZA; There will be adequate parking on site for the one car per appointment to park in front driveway. [8] group instruction in connection with the home occupation may be permitted subject to approval by the BZA. For the purposes of this subsection, instruction shall be group instruction if it involves more than two students at any time. The BZA may place a maximum number of students that may be on-site at any time and may establish limitations on the frequency of such group instruction. No group instruction is included as a part of this application. [9] the following activities and land uses shall not be permitted as home occupations: [a] automotive repair (body or mechanical), upholstery or painting; [b] kennels; [c] taxi service; [d] gun dealers; or, [e] charter bus service; None of these activities or land uses are a part of this application. 5  [10] the BZA may require additional standards in order to assure the compatibility of the home occupation with other property in the vicinity of the home occupation and to assure the residential character of the neighborhood is maintained. The residential character of the neighborhood will be maintained. Any recommended conditions of approval will be followed. Date: 07/24/2023 Applicant signature: 6 Angela Range 1303 Halifax Ct. Murfreesboro, TN 37130 To Whom It May Concern, I am applying for a special use permit for my residence at 1303 Halifax Ct in Murfreesboro. The details of this request are as follows:  Single Stylist Hair Salon, I will be the only employee.  Hours of Opera on will be Monday, Tuesday, Thursday, Friday and Saturdays 8am-7pm and Wednesdays 8am-4pm by appointment only, no walk-in clients, with up to 6 clients per day. I will schedule one client appointment at a me with no overlap between clients.  Home has a total of 4204 sq and a total of 346.48 sq will be used for in home salon area which includes half bath. This equates to 12% of the home area. Salon Area will not exceed 25% of the home.  Salon has separate exterior entrance already exis ng as part of home with a half bath.  Street parking will not be necessary as the home has ample parking spaces to accommodate one client at a me. 2 Driveways: Front Driveway Parking (Half Circle) & Side Driveway. Front Half Circle Driveway will be dedicated to clients.  Interior Remodeling: Will be moving washer dryer from salon room to another area of the home. No electrical work will be required as we are purchasing the GE Ventless UltraFast Combo washer/dryer which uses a standard 120V outlet plug. Plumbing for shampoo bowl will be installed by my husband with city permit. See Photo with Specs.  No exterior changes needed that affect appearance.  Will have exterior sign not to exceed 3sq .  Noise will not be an issue as loudest equipment to be used is a hair dryer. o Equipment to be used:  Shampoo Bowl  Hot Tools for hair (blow dryer, curling iron, flat iron, hooded hair dryer)  Shears, Clips, Combs, Capes  Autoclave for steriliza on of hairbrushes  Barbicide Jar to sterilize clips/combs  First Aid Kit  Sharps Container  Stylist Chair See A ached Photos  Floor Plan  Washer/Dryer Combo Ventless, Standard 120V  Exterior of Home  Salon Entrance and Sign Placement will be next to the entry door or on the entry door  Driveway(s)  Lot Line 1303 Halifax Ct – Home Occupancy Request for Single Stylist Hair Salon – Angela Range & Christopher Keith Range  Salon Area Layout and Measurements: En re Home Layout/Measurements: 1303 Halifax Ct – Home Occupancy Request for Single Stylist Hair Salon – Angela Range & Christopher Keith Range  City Appraisal of Home drawing with layout and overall home square footage: 1303 Halifax Ct – Home Occupancy Request for Single Stylist Hair Salon – Angela Range & Christopher Keith Range  New Washer/Dryer Unit, no electrician will be needed – standard plug 120V, ventless unit: Salon Entrance Client Parking 1303 Halifax Ct – Home Occupancy Request for Single Stylist Hair Salon – Angela Range & Christopher Keith Range  Black Iron Sign to go on door or on house next to door entry:  Sign Placement will be on house next to door or on the entry door depending which fits best: 1303 Halifax Ct – Home Occupancy Request for Single Stylist Hair Salon – Angela Range & Christopher Keith Range Thank you for your considera on, Angela Range  City of Murfreesboro HEARING REQUEST BOARD OF ZONING APPEALS APPLICATION Murfreesboro Location/Street Address: 1303 Halifax Ct. Murfressboro, TN 37130 Board of Tax Map: Group: Parcel: Zoning District: Zoning Appeals Applicant: Angela Range E-Mail: angela.range82@gmail.com Address: 1303 Halifax Ct. Phone: 615-293-0417 City: Murfreesboro State: TN Zip: 37130 Property Owner: Christopher Keith Range & Angela Range as of 8/18/2023 Address: 1303 Halifax Ct. Phone:615-293-0417 City: Murfreesboro State: TN Zip: 37130 Request: Special Use Permit Zoning District: RS-15 HEARING APPLICATION Date: AND Applicant Signature: 07/24/2023 GENERAL INFORMATION Received By: Receipt #: Application #: Date: INTRODUCTION: APPEALS FROM ADMIN- business. Day-care centers should The Board of Zoning Appeals ISTRATIVE DECISIONS: include a statement from the hears appeals of the requirements of the The Board of Zoning Appeals has Department of Human Services that Zoning and Sign Ordinances, appeals authority to hear appeals from any such center can be licensed by the State. from administrative decisions, and order, requirement, decision, or -- For yard variance requests, a site requests for Special Exception uses determination by any department, plan showing all existing and proposed listed on Chart 1 of the Zoning office, or bureau responsible for the structures, property lines, and the Ordinance. administration of the Zoning or Sign distance between structures and the Ordinances. property lines. -- For appeals from administrative VARIANCES: decisions, a statement indicating the Required yard and height variances APPLICATION PROCESS: order, requirement, decision, or may be granted in accordance with determination being appealed and a The owner or other party having Section 10 of the Zoning Ordinance in statement setting forth the applicant’s contractual interest in the affected cases where the strict application of the argument. property must file an application with ordinance imposes hardship or practical -- Additional information may be the Board’s secretary no later than 3:00 difficulty on the property owner due to required at the discretion of the Board’s PM on the submittal deadline date on the unusual character of the property, Secretary. the official BZA Calendar. which makes compliance extraordinarily The applicant must submit the difficult or impossible. Financial following: MEETING TIME AND PLACE: hardships will not be considered. A completed application The Board of Zoning Appeals meets Variances of the Sign Ordinance (included on this brochure). once a month at 1:00 PM in the Council may be granted in cases where the strict 1. Chambers located in the City Hall 2. A $350 application fee; or in the application of the ordinance imposes case of a special meeting, a $450 Building at 111 West Vine Street. hardship or practical difficulties as a application fee (checks to be made See BZA Calendar for meeting dates. result of unusual characteristics of the payable to the City of Murfreesboro). applicant’s property, which make 3. Supporting materials which MEMBERSHIP compliance extraordinarily difficult or should include: Davis Young, Chairman Julie R.P. King impossible. Financial hardships will not Ken Halliburton,Vice-Chair Tim Tipps -- For special use permits, a site Misty Foy be considered. plan indicating the location of all existing and proposed structures, parking spaces, access points, fences, SPECIAL USE PERMITS: STAFF driveways, and property lines. Home Matthew Blomeley, Asst Planning Director Special use permits may be granted occupation requests should include a Teresa Stevens, Sign Administrator in accordance with Sections 8 and 9 of statement of the proposed hours of David Ives, Assistant City Attorney the Zoning Ordinance for uses specified operation, the volume of traffic Brenda Davis, Recording Assistant in Chart 1 of the Zoning Ordinance. anticipated, and the nature of the Joel Aguilera From: Gretchen Johnson <gjohn1962@comcast.net> Sent: Friday, September 22, 2023 1:13 PM To: Joel Aguilera Subject: [EXTERNAL]- Opposition to beauty shop in Scottland Acres [You don't oŌen get email from gjohn1962@comcast.net. Learn why this is important at hƩps://aka.ms/LearnAboutSenderIdenƟficaƟon ] Hello Joel, My name is Gretchen Johnson, my husband Stephen and I live at 1302 Halifax Ct, Murfreesboro Tennessee. We are directly across the street from the Range’s home. We so want to be good neighbors and friends yet we are not in favor of having a beauty shop in our residenƟal neighborhood. We have lived in ScoƩland Acres for 23 years and absolutely love it. The neighborhood is quiet, peaceful and very friendly. We don’t like the potenƟal of 36 extra cars per week coming through our neighborhood and cul de sac. We also don’t like the idea of looking out our front windows and seeing a large commercial sign. We are concerned what a commercial business in the neighborhood would do to our property values and what kind of precedent this would set; what type of business could be next? Our deed states that no lot shall be used except for residenƟal purposes. Thank you for your Ɵme. If you have any quesƟons, you can reach me at gjohn1962@comcast.net. Sincerely, Gretchen and Stephen Johnson Sent from my iPhone 1