Board of Zoning Appeals

MINUTES OF THE CITY OF MURFREESBORO BOARD OF ZONING APPEALS City Hall, 111 W. Vine Street, Council Chambers April 24, 2024, 1:00 PM Members Present: Staff Present: Davis Young, Chair Matthew Blomeley, Asst. Planning Director Ken Halliburton, Vice-Chair Brad Barbee, Principal Planner Julie King Richard Donovan, Principal Planner Tim Tipps Joel Aguilera, Planner Roman Hankins, Deputy 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. Public Comments: None 4. Consideration of Minutes: With there being no objection by any of the Board members, the minutes of the March 21, 2024 BZA meeting were approved as amended with one correction. MURFREESBORO BOARD OF ZONING APPEALS MINUTES April 24, 2024 5. New Business: a. Application [Z-24-005] by Mr. Michael Sandifer, representing Vogue Towers II, LLC, is requesting a special use permit in order to construct a 125-foot-tall wireless telecommunications tower in a Commercial Highway (CH) zone on property located at 710 Memorial Boulevard. 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. Michael Sandifer was present at the meeting. Vice-Chair Halliburton inquired about the fall zone for the tower. Mr. Barbee responded that the City Engineer reviewed the data submitted and approved a reduced fall zone of 60’. Ms. King asked if there are any insurance requirements for the tower. Mr. Hankins replied that there are no insurance requirements listed in the Zoning Ordinance. Chair Young inquired about the Board’s purview in relation to height requirements. Mr. Blomeley responded that the Zoning Ordinance allows the Board to decide on height as part of the special use permit. He further stated that this tower’s proposed height is consistent with others that have been approved. Mr. Sandifer spoke about the tower’s fall zone. He explained that towers are designed to have a weak point, so that it will collapse upon itself within the fall zone. 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 of approval; the motion was seconded by Vice-Chair Ken Halliburton and carried by the following vote: Aye: Julie King Tim Tipps Vice-Chair Ken Halliburton Chair Davis Young Nay: None 2 MURFREESBORO BOARD OF ZONING APPEALS MINUTES April 24, 2024 b. Application [Z-24-006] by Mr. Bradley Chambers is requesting a special use permit in order to conduct a home occupation (a real estate and construction office) in a Single- Family Residential (RS-10) zone on property located at 2123 Middle Tennessee Boulevard. 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. Brad Chambers was present to answer questions. Ms. King inquired about additional standard #5 in relation to construction vehicles associated with a business. Mr. Aguilera responded that the Planning Department interprets that standard to include construction vehicles. Mr. Blomeley added that the additional standard #6 is also applicable to construction vehicles. Mr. Chambers affirmed his answers from the application materials. Mr. Tipps asked about the number of parking spots available. Mr. Chambers confirmed that two vehicles could be parked in the driveway. Mr. Tipps inquired about codes enforcement in relation to conditions for special use permits. Mr. Aguilera explained that inspections are done as part of the process. The inspectors also do follow ups and respond to complaints. 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 moved to approve the special use permit subject to all recommended conditions of approval; the motion was seconded by Mr. Tim Tipps and carried by the following vote: Aye: Julie King Tim Tipps Vice-Chair Ken Halliburton Chair Davis Young Nay: None 3 MURFREESBORO BOARD OF ZONING APPEALS MINUTES April 24, 2024 c. Application [Z-24-007] by Mr. Percy L. Jenkins, Jr., representing Mr. Percy L. Jenkins, III, is requesting a special use permit in order to construct and establish an accessory apartment in a Single-Family Residential (RS-15) zone on property located at 2729 Jim Houston Court. 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. Percy L. Jenkins, Jr. was present to answer questions. Vice- Chair Halliburton asked about the possibility of the special use permit lapsing with change of ownership. Mr. Blomeley explained that a restriction on land use is utilized in order to put future owners on notice of the zoning restrictions. Ms. King inquired about renting the property out. Mr. Blomeley stated that, per the Zoning Ordinance, the property owner would be required to reside in one of the two units. Mr. Tipps asked what would happen if the applicant did not reside in either unit. Mr. Blomeley explained the process of enforcing the Zoning Ordinance. Mr. Jenkins spoke about the application. 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 of approval; the motion was seconded by Ms. Julie King and carried by the following vote: Aye: Julie King Tim Tipps Vice-Chair Ken Halliburton Chair Davis Young Nay: None d. Application [Z-24-008] by Mr. Brian Vaughan is requesting a special use permit in order to construct and establish an accessory apartment in a Single-Family Residential (RS-8) zone on property located at 133 January Street. 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. 4 MURFREESBORO BOARD OF ZONING APPEALS MINUTES April 24, 2024 Mr. Brain Vaughan was present at the meeting. 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 recommended conditions of approval; the motion was seconded by Mr. Tim Tipps and carried by the following vote: Aye: Julie King Tim Tipps Vice-Chair Ken Halliburton Chair Davis Young Nay: None e. Application [Z-24-009] by Mr. Marc McAlpine, representing Belle Aire Baptist Church, is requesting a special use permit in order to expand an institutional group assembly use (a church) in a Single-Family Residential (RS-15) and Multi-Family Residential (RM- 12) zone on property located at 1307 North Rutherford Boulevard. Mr. Richard Donovan 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. Marc McAlpine spoke about his request. 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 of approval; the motion was seconded by Vice-Chair Ken Halliburton and carried by the following vote: Aye: Julie King Tim Tipps Vice-Chair Ken Halliburton Chair Davis Young Nay: None 5 MURFREESBORO BOARD OF ZONING APPEALS MINUTES April 24, 2024 6. Staff Reports and Other Business: a. Mr. Blomeley announced that Mr. Donovan would be the primary advisor to the Board of Zoning Appeals beginning next month. b. Mr. Blomeley spoke about a continuing education opportunity. c. Mr. Blomeley announced that Mr. Roman Hankins has been promoted to Deputy City Attorney. Mr. Hankins spoke briefly about changes in the Legal Department and introduced the new Assistant City Attorney, Mr. John Tully. 7. Adjourn: There being no further business, Chair Young adjourned the meeting at 2:21pm. ______________________________ ________________________________ CHAIRMAN SECRETARY 6