Board of Zoning Appeals

SPRING HILL MUNICIPAL BOARD OF ZONING APPEALS Terry Cantrell, Chairman Jim Hagaman Rob Roten, Vice Chairman Brandon McCulloch Hazel Nieves, Alderman City staff: Planning Director - Steve Foote, AICP & Associate Planner - Austin Page City of Spring Hill 199 Town Center Parkway Spring Hill, TN. 37174 Agenda December 22, 2020 5:30 PM A. CALL TO ORDER B. ROLL CALL C. CONSIDER APPROVAL OF THE NOVEMBER 17, 2020 BOARD OF ZONING APPEALS MEETING MINUTES. D. GENERAL ANNOUNCEMENT The procedural rules for public comment will be as follows: The items will be taken in the order of the agenda. Audience members wishing to speak must be recognized by the Chairman and will have five minutes to address the Board of Zoning Appeals. No rebuttal remarks will be allowed. E. OLD BUSINESS 1. Approval of the 2021 Board of Zoning Appeals Meeting Schedule. F. NEW BUSINESS 1. BZA 918-2020: Submitted by Steve Henning for 3017 Dogwood Trail. The property is located in the Laurels subdivision, zoned R-2, PUD and contains approximately .169 acres. The applicant requests a 13’ variance from the rear setback requirements of the UDC to cover a 12’x14 patio. Requested by Steve Henning. G. OTHER BUSINESS H. PUBLIC COMMENT I. ADJOURN 1 Board of Zoning Appeals – 12/22/20  SPRING HILL MUNICIPAL BOARD OF ZONING APPEALS REGULAR MEETING MINUTES TUESDAY NOVEMBER 17, 2020 5:30 PM A. CALL TO ORDER Chairman Terry Cantrell called the meeting to order at 5:32 PM. B. ROLL CALL Members present were: Chairman – Terry Cantrell, Vice Chairman – Rob Roten, Alderman - Hazel Nieves, Jim Hagaman and Brandon McCulloch. Staff present were: Planning Director - Steve Foote, Associate Planner - Austin Page and Planning Assistant – Lucretia Sappington. C. Consider approval of the October 20, 2020 Board of Zoning Appeals meeting minutes. Jim Hagaman made a motion to approve the October 20, 2020 Meeting Minutes. Motion seconded by Alderman Hazel Nieves. Motion to approve passed 5-0. D. GENERAL ANNOUNCEMENT The procedural rules for public comment will be as follows: The items will be taken in the order of the agenda. Audience members wishing to speak must be recognized by the Chairman and will have five minutes to address the Board of Zoning Appeals. No rebuttal remarks will be allowed. E. OLD BUSINESS F. NEW BUSINESS 1. BZA 905-2020: Submitted by Lynne Pareades for 1086 Nealcrest Circle. The property is located in the Buckner Crossing subdivision, zoned R-2 and contains approximately .301 acres. The applicant requests a 4’ variance from the rear setback requirements of the UDC to cover and screen a portion 12’x19’ of their patio. Requested by Lynne Pareades. Staff recommended conditions of approval: 1. Substantial consistency with the plans submitted and encroachment shown. 2. The covered patio shall not be enclosed with any material other than screening. 3. Subject to homeowner’s association approval as may be required for the Buckner Crossing Subdivision. 4. Per Section 13.4G of the Unified Development Code, an approved variance will expire one year from the date of approval unless a site plan review application has been submitted or, where site plan review is not required, a building permit is obtained. The Board of Zoning Appeals may grant an extension for a period of validity for no longer than an additional 6 BZA Minutes 11-17-2020 Page 1 | 3  months, so long as the applicant applies in writing for an extension of time at any time prior to the date of expiration. No public hearing is required for approval of such extension of time. No public comment was received for this item. Jim Hagaman made a motion to adopt the findings of fact and conclusions of law found in the staff report and approve BZA 905-2020 with four (4) staff associated conditions of approval listed above. Motion seconded by Alderman Hazel Nieves. Motion to approve BZA 905-2020 passed 5-0. 2. BZA 906-2020: Submitted by Jason Murphy for 4002 Crestridge Cove. The property is located in the Laurels subdivision, zoned R-2, PUD and contains approximately .10 acres. The applicant requests a reduction of the front and rear setbacks in order to provide a more usable lot for the future construction of a single-family home. Requested by Jason Murphy. Staff recommended conditions of approval: 1. Subject to homeowner’s association approval as may be required for The Laurels Subdivision. 2. The design of the house built on this lot shall include a minimum 10’x10’ covered patio meeting the required setbacks as approved with this action. 3. Per Section 13.4G of the Unified Development Code, an approved variance will expire one year from the date of approval unless a site plan review application has been submitted or, where site plan review is not required, a building permit is obtained. The Board of Zoning Appeals may grant an extension for a period of validity for no longer than an additional 6 months, so long as the applicant applies in writing for an extension of time at any time prior to the date of expiration. No public hearing is required for approval of such extension of time. Brad and Jennifer Hubmann spoke in opposition to the rezoning of 4002 Crestridge Cove. Jim Hagaman made a motion to deny variance application BZA 906-2020. Motion to deny was seconded by Brandon McCulloch. Motion to deny variance application BZA 906-2020 passed 4-1 with Alderman Hazel Nieves dissenting. G. OTHER BUSINESS 1. Discussion and/or approval of the 2021 Board of Zoning Appeals Calendar. The 2021 Board of Zoning Appeals calendar will be on the December 22, 2020 agenda. The Board of Zoning Appeals discussed upcoming meeting procedures and agreed to continue meeting in person with virtual options provided to those who are not able to attend. H. PUBLIC COMMENT I. ADJOURN Alderman Hazel Nieves made a motion to adjourn. Motion seconded by Vice Chairman Rob Roten. Motion to adjourn passed 5-0. BZA Minutes 11-17-2020 Page 2 | 3  Meeting Adjourned at 6:20 PM. _______________________________ Terry Cantrell, Chairman BZA Minutes 11-17-2020 Page 3 | 3  Spring Hill Board of Zoning Appeals 2021 Meeting Schedule Application deadline Board of Zoning and Appeals 12:00 PM (noon) 5:30 PM Monday Tuesday Planning Office City Hall 7 folded hard copies One (1) CD with PDF 1 November 30 December 22 2 December 21 *January 21 (Thursday) 3 *January 19 (Tuesday) *February 18 (Thursday) 4 *February 16 (Tuesday) March 16 5 March 22 April 20 6 April 29 May 18 7 May 17 June 15 8 June 21 July 20 9 July 19 August 17 10 August 23 September 21 11 September 20 October 19 12 October 18 November 16 12 November 22 December 21 Indicates 2020 dates  Indicates change due to Holiday Spring Hill Board of Zoning Appeals TO: Spring Hill Board of Zoning Appeals FROM: Austin Page, Associate Planner THROUGH: Steve Foote, AICP, Planning Director MEETING: December 22, 2020 SUBJECT: BZA 918-2020 (VARIANCE – 3017 Dogwood Trail) BZA 918-2020: Submitted by Steve Henning for 3017 Dogwood Trail. The property is located in the Laurels subdivision, zoned R-2, PUD and contains approximately .169 acres. The applicant requests a 13’ variance from the rear setback requirements of the UDC to cover a 12’x14 patio. Requested by Steve Henning. Request: The applicant is requesting a variance to reduce the building setback from 30 to 12 feet, for the purpose of constructing a covered patio. The applicant requests approval to cover a 12’x14’ portion of the existing concrete patio. Effectively, the left half of the existing patio. The applicant has provided a letter of explanation and request which is attached for review. Property Description and History: 3017 Dogwood Trail is located in the Laurels Subdivision and is zoned R-2 PUD. The property has a rear setback of 30’ and includes a 10’ rear PUDE. The home is centrally located on the lot is built directly up to the setback lines. At its closest, the rear of the home directly abuts the 30’ rear setback line. The existing small covered deck is built to the setback line. There is an existing 21’x24’’ uncovered concrete patio that encroaches 13’ into the rear setback. The property is adjacent to other R-2 PUD lots in the Laurels Subdivision. Analysis: There is an existing 21’x24’ concrete patio and the homeowner requests permission to cover a 12’x14’ portion, leaving the remaining 12’x24’ portion uncovered. Per the City’s Unified Development Code, a covered patio is allowed to encroach a maximum of 8’ into the rear setback. The proposed covered patio encroaching a maximum of 13’ is what requires a variance. There is no screening proposed with this application. If the applicant wishes to screen the covered patio in the future, an additional variance through the Board of Zoning Appeals would be required. However, the Board of Zoning Appeals has the authority to permit the future screening of the covered patio by adding an additional condition of approval. The proposed covered patio will have a 13’ encroachment and the overall encroachment will not extend beyond the existing concrete slab. The proposed covered patio will be 12’ from the rear property line. The covered patio framing and supports are proposed to be constructed with wood posts and beams which will use colors to complement the current characteristics of the home. The proposed covered patio has a height of 12’ and will have an architectural shingled roof angling out and away from the home. As a roofed structure, the proposed patio is considered part of the primary structure for building setback purposes. The proposed screened patio is approximately 2’ from the PUDE. Although close, there is no encroachment or impact on the adjacent drainage easement. The applicant has provided staff with a complete application submittal. A list of all adjacent property owners has been provided, along with a notification letter and proof of mailings. Findings of Fact: The applicant has met UDC requirements regarding the U.S.P.S. First Class mailing of notices to all adjacent property owners of 3017 Dogwood Trail and at least ten days in advance of the first scheduled action. City staff has placed notice in the newspaper and a sign on the subject property. No comments were received regarding this request. The findings listed below represent staff’s response to the approval standards required in Section 13.4.E of the UDC, to be considered by the Board of Zoning Appeals prior to approving a variance and a review of the applicant’s justification statements. 1 BZA 918-2020 (VARIANCE - 3017 Dogwood Trail)  1. Where, by reason of exceptional narrowness, shallowness, size or shape of a specific piece of property at the time of the enactment of this Code, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property it is not able to comply with the regulations as required under this Code. The city receives many requests from property owners to cover existing patios, patios, and/or create new ones. This has often times been considered a reasonable request, based on the facts of each individual situation, when the size of the structure is reasonable, and when the encroachment is limited. With the positioning of the home and layout of the property’s setbacks, no room is available to cover the proposed 12’x14’ patio. A covered patio is permitted to encroach 8’ into the rear setback and the proposed covered patio encroaches 13’. The variance is required to allow the covering of the expanded patio. The only other alternative would be to cover half of the depth of the existing patio, which may not be functionally practical. Per the applicant: “The home was built close to the setback line. No usable is available to add a partial cover to the patio.” 2. The strict application of any provision enacted under this Code would result in peculiar and exceptional practical difficulties to or exception or place undue hardship upon the owner of such property. Where the patio is placed, the rear of the home is positioned 2’ from the rear setback like and has provided little room for any conformity. The proposed screened patio will encroach approximately 13’ into the rear setback and does not encroach into the PUDE. The existing patio encroaches 13’ and there is no change to overall encroachment with the proposed covered patio. Approval of the request will permit the covering new patio. The rear yard permits no space for a covered patio that is of usable or reasonable size. Screening of the covered patio is not a part of this application and would require an additional approval unless the Board adds a condition of approval permitting the future screening. No other materials other than screening shall be used for screening purposes. Per the applicant: “The proximity of the house to the setback line prevents us from building a cover over a portion of the patio.” 3. Such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the zoning map and this Code. The encroachment is along the rear of the property, which is fenced in and backs up to unused open space approximately 40’ deep and owned by The Laurels HOA. Staff finds the home to be consistent with the surrounding lots and does not believe that the proposal will have a significant detrimental impact on the public good or any of the surrounding property. Per the applicant: “The covered patio will back up to HOA property (common area) and will not negatively impact it.” Recommendation: If the Board of Zoning Appeals finds the request to be reasonable and compliant with the requirements for a variance, staff recommends that they adopt the findings in this report or others to support the approval. Should the Board of Zoning Appeals approve BZA 918-2020, a building setback variance request to cover a proposed 12’x14’ patio, approval should be subject to consistency with the plans submitted and encroachment shown. The applicant has expressed to staff that there is no interest in screening the covered patio. However, if the Applicant wishes to apply screening to the covered patio in the future, an additional variance would be required through the Board of Zoning appeals. The Board has the authority to add a condition of approval to permit the screening of the patio with this application. If that is the case, the covered patio shall not be enclosed with any material other than screening. If the Board wishes to not permit screening of the covered patio, approval should be subject to the three conditions of approval listed below. Possible Motion: Motion to adopt the finding of facts and conclusions of law provided in the staff report and to approve variance BZA 918-2020 to reduce the building setback from 25 to 12 feet for a covered patio at 3017 Dogwood Trail with the following conditions: 2 BZA 918-2020 (VARIANCE - 3017 Dogwood Trail)  1. Substantial consistency with the plans submitted and encroachment shown. 2. Subject to homeowner’s association approval as may be required for The Laurels Subdivision. 3. Per Section 13.4G of the Unified Development Code, an approved variance will expire one year from the date of approval unless a site plan review application has been submitted or, where site plan review is not required, a building permit is obtained. The Board of Zoning Appeals may grant an extension for a period of validity for no longer than an additional 6 months, so long as the applicant applies in writing for an extension of time at any time prior to the date of expiration. No public hearing is required for approval of such extension of time. 3 BZA 918-2020 (VARIANCE - 3017 Dogwood Trail)