Board of Zoning Appeals

MINUTES OF THE CITY OF MURFREESBORO BOARD OF ZONING APPEALS City Hall, 111 W. Vine Street, Council Chambers October 25, 2023 1:00PM Members Present: Staff Present: Davis Young, Chair Matthew Blomeley, Assistant Planning Director Ken Halliburton, Vice-Chair Brad Barbee, Planner Julie King Roman Hankins, Assistant City Attorney Tim Tipps 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. Public Comments: None 4. Consideration of Minutes: Vice-Chair Ken Halliburton moved to approve the minutes of the June 28, 2023 BZA meeting; 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 MURFREESBORO BOARD OF ZONING APPEALS MINUTES October 25, 2023 5. New Business: a. Application [Z-23-033] by Mr. Lyle Lynch on behalf of Murfreesboro City Schools, requesting a special use permit to install a new playground to an existing institutional group assembly use at Mitchell-Neilson School in a Single Family Residential (RS-10) zoning district, located at 711 West Clark Boulevard. Mr. Tipps stated for the record that he is married to a Murfreesboro City Schools employee but felt that he could be objective on this matter. 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. Chair Young inquired about the playground located at the corner of West Clark Boulevard and Jones Boulevard. Mr. Barbee stated that this application is to replace the existing playground at that intersection. Mr. Lyle Lynch spoke more about the application. The existing playground will be removed from its current location and a new one will be installed at a different location on campus. 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 moved to approve the special use permit subject to all recommended conditions listed in the staff report; the motion was seconded by Ms. Julie King and was carried by the following vote: Aye: Vice-Chair Ken Halliburton Julie King Tim Tipps Chair Davis Young Nay: None b. Application [Z-23-034] by Mr. Christopher Helstern, is requesting a special use permit to establish a home occupation (nail salon) on property in the Residential Single Family (RS-15) district located at 1430 Arrowhead Place. Mr. Matthew Blomeley 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. Tipps inquired about the entrance to the salon. Mr. Blomeley stated that customers would enter at the rear of the home. Mr. Tipps asked if the sidewalk leading to the salon 2 MURFREESBORO BOARD OF ZONING APPEALS MINUTES October 25, 2023 entrance is paved. Ms. Aubrey Johnson, daughter of the applicant and the operator of the proposed salon, confirmed that the entrance is concrete. Ms. King stated that she has never seen a special use application for someone who does not own both the home and the business. She inquired about that situation. Mr. Blomeley responded that the standards state that the operator must reside at the home. If the operator moves from the property, they would no longer be able to operate the home-based business there. Chair Young opened the public hearing. There being no one to speak for or against the request, Chair Young closed the public hearing. Mr. Tim Tipps moved to approve the special use permit subject to all recommended conditions listed in the staff report and the addition of a ninth condition to have the special use permit lapse upon the operator ceasing to reside at the property; 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 6. Staff Reports and Other Business: a. Board of Zoning Appeals 2024 Calendar Mr. Blomeley presented the Board of Zoning Appeals 2024 Calendar. Ms. Julie King moved to approve the Board of Zoning Appeals 2024 Calendar; 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 b. Continuing Education Mr. Blomeley informed the Board about continuing education opportunities. 7. Adjourn: 3 MURFREESBORO BOARD OF ZONING APPEALS MINUTES October 25, 2023 There being no further business, Chair Young adjourned the meeting at 1:25pm. ______________________________ ________________________________ CHAIRMAN SECRETARY 4