Board of Zoning Appeals

AGENDA PACKET Board of Zoning Appeals Board of Zoning Appeals September 21, 2021 05:30 pm 1199 Town Center Parkway, Spring Hill, TN 37174 888-774-8988 | www.springhilltn.org  CITY OF SPRING HILL BOARD OF ZONING APPEALS BOARD OF ZONING APPEALS September 21, 2021 05:30 pm A. CALL TO ORDER B. ROLL CALL C. 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 in regards to an agenda item must be recognized by the Chairman and will have five minutes to address the Board of Zoning Appeals. No rebuttal remarks will be allowed. Public Comment has also been provided through the BOZAPublicComment@springhilltn. org email address. D. PUBLIC COMMENTS (NON-AGENDA ITEMS) E. APPROVAL OF THE AUGUST 17TH, 2021 BOARD OF ZONING APPEALS MEETING MINUTES Attachment: BZA Meeting Minutes 8-17-21.pdf F. OLD BUSINESS G. NEW BUSINESS 1. BZA 1025-2021 Submitted by William Scarpelli for 2054 Dinan Court. The property is located in the Wyngate East Subdivision, zoned R-2 PUD and contains approximately .258 acres. The applicant is requesting a variance to build within the P.U.D.E. for the allowance of a 12x21 covered Sun Porch. Requested by William and Angela Scarpelli. Attachment: BZA 1025-2021 _2054 Dinan Court - Variance_.pdf Attachment: Vicinity Map.pdf Attachment: Plot Plan.pdf Attachment: Drawings.pdf 2. BZA 1043-2021 Submitted by Charles and Stacy Riddle for 3704 Stonecreek Drive. The property is located at 3704 Stonecreek Drive and is zoned R-R. The site contains approximately 1.228 acres. The applicant is requesting a special use consideration to allow and accessory dwelling unit which exceeds 901 SF (1,128 SF). Requested by Charles and Stacy Riddle. Attachment: BZA 1043-2021 _Special Use -3704 StoneCreek Dr_.pdf Attachment: Map.pdf Attachment: Plot Plan.pdf Attachment: Floor Plan.pdf 3. BZA 1046-2021 Submitted by Melissa and Curtis Floyd for 2009 Autumn Ridge Way. The property is located in the Autumn Ridge Subdivision, zoned R-2 and contains approximately .396 acres. The applicant is requesting a variance to reduce the rear building setback for the allowance of a covered patio. Requested by Melissa and Curtis Floyd. Attachment: BZA 1046-2021 _2009 Autumn Ridge Way - Variance_.pdf Attachment: Plot Map.pdf Attachment: Adjoining Properties.pdf Attachment: Sketch.pdf H. OTHER BUSINESS I. ADJOURN Board of Zoning Appeals - Board of Zoning Appeals - 09/21/21 Page 1 of 1  ^ Back to Agenda ^ General Attachment: BZA Meeting Minutes 8-17-21.pdf SPRING HILL MUNICIPAL BOARD OF ZONING APPEALS REGULAR MEETING MINUTES THURSDAY AUGUST 18, 2021 5:30 PM A. CALL TO ORDER Chairman Terry Cantrell called the meeting to order at 5:30 PM. Council B. ROLL CALL Members present for the Meeting were: Mayor-Jim Hagaman, Chairman–Terry Cantrell, Vice Chairman-Rob Roten, Brandon McCulloch and Matthew Mezzatesta. Staff present: City Attorney, Patrick Carter, Planning Director, Calvin Abram and Planning Assistant- Lucretia Sappington. C. 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 in regards to an agenda item must be recognized by the Chairman and will have five minutes to address the Board of Zoning Appeals. No rebuttal remarks will be allowed. Public Comment has also been provided through the BOZAPublicComment@springhilltn.org email address. D. PUBLIC COMMENT (NON-AGENDA ITMES) E. CONSIDER APPROVAL OF THE JUNE 15, 2021 BOARD OF ZONING APPEALS MEETING MINUTES Mayor Jim Hagaman made a motion to approve the July 20,2021 Meeting Minutes. Motion seconded by Rob Roten. Motion to approve the July 20,2021, Meeting Minutes passed 5-0. F. OLD BUSINESS G. NEW BUSINESS 1. BZA 1018-2021: Submitted by Stephanie Raleigh for 3011 Harrah Drive Suite T. The property is located in the Spring Hill Professional Building, zoned C-4 and contains approximately 2.796 acres. The applicant is requesting a variance to allow a wooden fence within the corner side yard in the C-4 Zoning District (non-residential). The applicant is requesting a variance to remove foundational plantings along the northeastern façade on the structure within the C-4 zoning district (this action could possibly be approved administratively). Requested by Stephanie Raleigh. BZA Minutes 8-17-2021 Page 1 | 2 Board of Zoning Appeals - Board of Zoning Appeals - PACKET - (Page 3 of 30) General Attachment: BZA Meeting Minutes 8-17-21.pdf (Page 1 of 2)  General Attachment: BZA Meeting Minutes 8-17-21.pdf Mayor Jim Hagaman made a motion to adopt the findings of fact and conclusions of law found in the staff report and approve Variance BZA 1018-2021 with the six (6) Staff Recommendations, to allow the construction of a wooden fence and the removal of the foundation plantings at 3011 Harrah Drive with the following conditions: 1. Substantial consistency with the plans submitted and encroachment shown. 2. 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 before the date of expiration. No public hearing is required for approval of such extension of time. 3. The applicant must obtain a fence permit within 30 days of approval by BZA. 4. The applicant must install bollards at the perimeter of the wooden fence as a safety design for the outdoor playground. The bollards shall not encroach into the drive aisle. 5. The applicant must install permanent “drop-off/pick-up” signage for the two parking stalls closest to the day care. The parking stalls are only to be used for “drop-off/pick-up” during the day care operating hours. 6. The applicant must submit an application to the Planning Department to administratively revise the site plan of the parcel within 30 days of the BZA approval. Motion seconded by Brandon McCulloch. Motion to approve BZA 1018-2021 passed 4-1. Motion opposed by Matthew Mezzatesta 1. BZA 1024-2021: Submitted by Thomas Edvalson for 4080 Miles Johnson Pkwy. The property is located in the Arbors at Autumn Ridge Subdivision, zoned R-2 PUD, and contains approximately .228 acres. The applicant is requesting a variance to allow a portion of the in -ground pool within the rear yard P.U.D.E. Requested by Thomas Edvalson. Mayor Jim Hagaman made a motion to adopt the finding of facts and conclusions of law provided in the staff report and to deny Variance BZA 1024-2021 with the Staff Recommendations: The applicant’s request fails to meet the criteria required to approve a variance to construct an inground pool within a P.U.D.E. The applicant did not demonstrate a hardship that was not self-imposed and approval of the request will have a significant detrimental impact on the public good or the surrounding properties. Motion seconded by Matthew Mezzatesta. Motion to deny BZA 1024-2021 was 5-0. H. OTHER BUSINESS I. ADJOURN Matthew Mezzatesta made a motion to adjourn. Motion seconded by Brandon McCulloch. Motion to adjourn the August 18, 2021 Board of Zoning Appeals meeting passed 5-0. Meeting Adjourned at 6:06 PM. Terry Cantrell, Chairman BZA Minutes 8-17-2021 Page 2 | 2 Board of Zoning Appeals - Board of Zoning Appeals - PACKET - (Page 4 of 30) General Attachment: BZA Meeting Minutes 8-17-21.pdf (Page 2 of 2)  ^ Back to Agenda ^ General Attachment: BZA 1025-2021 _2054 Dinan Court - Variance_.pdf Spring Hill Board of Zoning Appeals TO: Spring Hill Board of Zoning Appeals FROM: Calvin Abram, Director of Planning MEETING: September 21, 2021 SUBJECT: BZA 1025-2021 (VARIANCE – 2054 Dinan Court) BZA 1025-2021: Submitted by William Scarpelli for 2054 Dinan Court. The property is located in the Wyngate East Subdivision, zoned R-2 PUD and contains approximately .258 acres. The applicant is requesting a variance to build within the P.U.D.E. for the allowance of a 12x21 covered Sun Porch. Requested by William and Angela Scarpelli. Request: The applicant is requesting a variance to construct a covered Sun Porch within the P.UD.E. The applicant requests approval to expand, cover and enclose an existing patio. The applicant has provided a letter of explanation, drawings and plot plan which are attached to this report for review. Property Description and History: 2054 Dinan Court is located in the Wyngate Subdivision and is zoned R-2 PUD. The plot plan illustrates the property has a rear setback of 25’ with a 40’- wide P.U.D.E to include a 10’-wide landscape/fence easement within the rear yard of the property. The property has the Grassy Branch 303(d) stream north and east of the site (Impaired stream that does not meet EPA’s water quality standards). Port Royal abuts the property to its east and this section of the road is identified as a collector road which requires 75’ of right-of-way if constructed; however, in this case, it has not been identified this section of Port Royal would be improved at any time in the foreseeable future. There is an existing uncovered cement patio which appears to have been constructed with the home. The property is adjacent to other R-2, lots in the Wyngate Subdivision. Analysis: There is an existing uncovered patio and the homeowner requests permission to extend and cover and enclose the entire patio. The homeowners request a variance to construct an extended Sun Porch within the rear yard P.U.D.E. The home is located in Wyngate Estates Subdivision Phase 10-B and the final subdivision plat was recorded September 2002. The applicant purchased their home with the P.U.D.E. as part of the construction and placement of the home on the lot. The UDC prohibits structures from being constructed within a P.U.D.E. with the exception being fencing. Article 9.3.A of the UDC states: 8. No accessory structure, with the exception of fencing, is permitted to be located on any utility and/or access easement. If an accessory structure is located on a utility easement and repair or replacement of the utility is needed, the cost of removing the accessory building is the responsibility of the owner of the structure. The city or utility is not responsible for the replacement of such structure. The Planning Department consulted with Engineering, Water and Roadway Staff and it was further determined neither department could support the adding of impervious surface within the P.U.D.E. 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 2054 Dinan Court and at least ten days in advance of the first scheduled action. City staff has placed a notice in the newspaper and a sign on the subject property. No email public comments were received via the BOZAPublicComment@springhilltn.org email address regarding this request. The findings listed below represent staff’s 1 BZA 1025-2021 (2054 Dinan Court - Variance) Board of Zoning Appeals - Board of Zoning Appeals - PACKET - (Page 5 of 30) General Attachment: BZA 1025 ... Dinan Court - Variance_.pdf (Page 1 of 3)  General Attachment: BZA 1025-2021 _2054 Dinan Court - Variance_.pdf 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. 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 property located at 2054 Dinan Court fails to meet the first criteria associated for the approval of a variance. This circumstance is not considered a reasonable request, based on Article 9.3 of the UDC prohibiting the expansion of impervious surface by allowing the expansion of the existing patio to construct a Sun Porch within a P.U.D.E. The addition of impervious surface within the rear yard P.U.D.E. is what requires a variance. Per the applicant: “No response given.” 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. The property has a 40’-wide PUDE within its rear yard, adhering to the strict application of the code does not create an exceptional practical difficulty to the property owner. Approval of the request will permit the construction of a Sun Porch within the rear yard P.U.D.E.; however, the property owner purchased the home with this restriction; therefore, staff cannot professionally state the hardship is not self-imposed. Per the applicant: “No response given.” 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. Staff finds the home’s parcel not to be irregular from other homes within close proximity and the request is not consistent with the surrounding lots and staff does believe that the proposal will have a significant detrimental impact on the public good or the surrounding properties. Per the applicant: “No response given.” Recommendation: Staff recommends denial of the request. 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 1025-2021, a variance request to expand, cover and enclose the existing patio, approval should be subject to consistency with revised plans which limits the encroachment of the covered patio up to 3’ into the P.U.D.E. which would allow a maximum of 63-SF of impervious surface. Possible Motion: Motion to Deny the applicant’s request based on the findings of facts and conclusions of law provided in the staff report and to deny variance BZA 1025-2021 and not allow the construction of a covered and enclosed 12X21Sun Porch at 2054 Dinan Court being the applicant failed the following criteria: The applicant’s request fails to meet the criteria required to approve a variance to construct a Sun Porch within a P.U.D.E. The applicant did not demonstrate a hardship that was not self-imposed and approval of the request will have a significant detrimental impact on the public good or the surrounding properties. Possible Motion: Motion to adopt the finding of facts and conclusions of law provided in the staff report and to approve variance BZA 1025-2021 to allow the construction of a covered and enclosed Sun Porch patio at 2054 Dinan Court with the following conditions: 1. The applicant must revise the submitted plans and the covered Sun Porch cannot encroach more than the existing 10’ patio into the P.U.D.E. 2. 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 2 BZA 1025-2021 (2054 Dinan Court - Variance) Board of Zoning Appeals - Board of Zoning Appeals - PACKET - (Page 6 of 30) General Attachment: BZA 1025 ... Dinan Court - Variance_.pdf (Page 2 of 3)  General Attachment: BZA 1025-2021 _2054 Dinan Court - Variance_.pdf 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 before the date of expiration. No public hearing is required for approval of such extension of time. 3. Subject to homeowner’s association approval as may be required for Wyngate Estate Subdivision. 3 BZA 1025-2021 (2054 Dinan Court - Variance) Board of Zoning Appeals - Board of Zoning Appeals - PACKET - (Page 7 of 30) General Attachment: BZA 1025 ... Dinan Court - Variance_.pdf (Page 3 of 3)  ^ Back to Agenda ^ General Attachment: Vicinity Map.pdf Board of Zoning Appeals - Board of Zoning Appeals - PACKET - (Page 8 of 30) General Attachment: Vicinity Map.pdf (Page 1 of 1)  ^ Back to Agenda ^ General Attachment: Plot Plan.pdf Board of Zoning Appeals - Board of Zoning Appeals - PACKET - (Page 9 of 30) General Attachment: Plot Plan.pdf (Page 1 of 1)  ^ Back to Agenda ^ General Attachment: Drawings.pdf Board of Zoning Appeals - Board of Zoning Appeals - PACKET - (Page 10 of 30) General Attachment: Drawings.pdf (Page 1 of 5)  General Attachment: Drawings.pdf Board of Zoning Appeals - Board of Zoning Appeals - PACKET - (Page 11 of 30) General Attachment: Drawings.pdf (Page 2 of 5)  General Attachment: Drawings.pdf Board of Zoning Appeals - Board of Zoning Appeals - PACKET - (Page 12 of 30) General Attachment: Drawings.pdf (Page 3 of 5)  General Attachment: Drawings.pdf Board of Zoning Appeals - Board of Zoning Appeals - PACKET - (Page 13 of 30) General Attachment: Drawings.pdf (Page 4 of 5)  General Attachment: Drawings.pdf Board of Zoning Appeals - Board of Zoning Appeals - PACKET - (Page 14 of 30) General Attachment: Drawings.pdf (Page 5 of 5)  ^ Back to Agenda ^ General Attachment: BZA 1043-2021 _Special Use -3704 StoneCreek Dr_.pdf Spring Hill Board of Zoning Appeals TO: Spring Hill Board of Zoning Appeals FROM: Calvin Abram, Planning Director MEETING: September 21, 2021 SUBJECT: BZA 1043-2021 (SPECIAL USE – Accessory dwelling unit exceeding 901 SF) BZA 1043-2021 Submitted by Charles and Stacy Riddle, representing themselves. The property is located at 3704 Stonecreek Drive and is zoned R-R. The site contains approximately 1.228 acres. The applicant is requesting a special use consideration to allow an accessory dwelling unit which exceeds 901 SF (1,128 SF). Requested by Charles and Stacy Riddle. Property Description and History: The applicant constructed a detached accessory structure at the rear of the primary structure that totals 1,800-SF. The existing structure floor plan indicates a bathroom and other indicators which classifies the overall structure as an accessory dwelling unit. In the process of obtaining the necessary permits for the structure, the applicant was referred to the planning department due to the accessory dwelling unit exceeded 900 – SF. The applicant is requesting a special use permit to allow an accessory structure in excess of 901 – SF within the R-R Zoning District. If the special use is approved by the Board of Zoning Appeals, the applicant would be required to obtain the applicable building permits from the Building and Codes Department. City Staff will review the proposal to ensure consistency with the floor plans and the BZA approval. The Board of Zoning Appeals is able to provide site and design-related comments, but approval or denial of the application shall be solely based on the requirements for a special use in Article 13.3 of the UDC. Information regarding Article 13.3 is provided on page two of this staff report. Spring Hill Rising 2040: This property’s future land use designation is “Residential Neighborhood Area”. The Residential Neighborhood Area represents a transition between natural, and rural settings and more intense environments, such as mixed-use areas, city neighborhood areas, and community commerce areas. The intent of this category is to preserve natural features in the built environment, enhance the access to housing options and urban amenities such as jobs, retail services and public services, and to create new opportunities to enhance the quality of life. The development pattern of Residential Neighborhood Areas varies from a low to moderate density with clusters of similar one-and two-story residential dwellings in both conventional subdivision developments and traditional neighborhood form. New development should integrate different housing types of appropriate scale and context and increase the connections between neighborhoods and other areas. The Spring Hill Rising 2040 plan is a guide used to help the city in making determinations on land use decisions. These decisions include special use and rezoning applications. The actual development of a site is governed by the zoning and development regulations of the City of Spring Hill. Having considered the various applicable sections of the 2040 Plan, staff believes an accessory dwelling unit with a maximum gross floor area of 1,128 -SF is consistent with the area proposed and the 2040 Plan. R-R Rural Residential District: The R-R District is intended for large-lot, estate-type residential areas within a low-density environment that relate to a more rural character. Limited non-residential uses are allowed that are compatible with the low-density, open character of the district. Accessory dwelling units of 901-SF or more (not exceeding 1,250-SF) in gross floor area may be allowed by special use permit and must be the criteria identified in Section 8.3.I of the UDC: 1. No more than one accessory dwelling unit is allowed per lot. For townhouse developments where individual lots are not created; one accessory dwelling unit is allowed per townhouse dwelling unit. When permitted, the 1 BZA 1043-2021 (Special Use -3704 StoneCreek Dr) Board of Zoning Appeals - Board of Zoning Appeals - PACKET - (Page 15 of 30) General Attachment: BZA 1043 ... Use -3704 StoneCreek Dr_.pdf (Page 1 of 4)  General Attachment: BZA 1043-2021 _Special Use -3704 StoneCreek Dr_.pdf accessory dwelling unit does not count toward the maximum number of dwelling units on a lot, including when the accessory dwelling unit is located in a detached structure. 2. Both the principal dwelling unit and the accessory dwelling unit must be owned by the same property owner. One of the units must be owner-occupied. 3. Detached accessory dwelling units may only be located in the rear yard. Detached accessory dwelling units must be located ten feet from any lot line and from any principal building. 4. Both the principal dwelling unit and the accessory dwelling unit must maintain separate meter connections. 5. A detached accessory dwelling unit is subject to the height permitted for a detached garage. 6. No accessory dwelling unit may exceed 1,250 square feet in gross floor area. Accessory dwelling units above 901 square feet in gross floor area require a special use permit. 7. As of the effective date of this Code, existing detached garages may convert an upper floor to an accessory dwelling unit and may exceed the 1,250 square feet in gross floor area limit. Such conversions are subject to a special use permit if they exceed 901 square feet in area. 8. When a detached garage is converted to an accessory dwelling unit, the ground floor must be maintained as parking. 9. No additional parking is required for an accessory dwelling unit. Required parking for the principal structure must be maintained. Proposed Site and Building Design: The applicant is proposing to convert a recently constructed detached accessory structure to an accessory dwelling unit which is proposed to have 1,128 – SF or GFA. The total space would be divided with 720 square feet being located on the first level and 408 square feet on the second level. The floor plan appears to indicate a full bathroom to include a washer and dryer and an office/bedroom will be located on the second level with a workshop allowing the ability for a sink/kitchen on the first level. The remainder of the accessory structure must not be constructed in a manner allowing heating or cooling of the garage area to include the minimum comforts which could allow the area to be used as an extension of the accessory dwelling unit. Staff suggested the applicant to provide the following: • Solid exterior wall separating the accessory dwelling unit from the garage; • No penetrations of any kind which could accommodate HVAC ducting or other type of systems through the wall; • Doors to the accessory dwelling units should be exterior doors. • The site must be constructed to the floor plans design approved by the BZA Spring Hill Unified Development Code: Article 13.3 of the City’s Unified Development Code lays out the approval process for uses identified as a Special Use in Table 8-1, Use Matrix. Because certain uses have unique characteristics that may prevent them from being compatible with neighboring land uses throughout the community they may be permitted by special use or “use on appeal” in the former zoning ordinance. This process allows for the uses to be considered on a case- by-case basis and site-specific. Article 13.3 offers the following regarding special uses and the specific Approval Standards to be considered by the Board of Zoning Appeals: The listing of a use as a special use within a zoning district does not constitute an assurance or presumption that such special use will be approved. Rather, each special use must be evaluated on an individual basis, in relation to all applicable standards of this Code. Such evaluation will determine whether approval of the special use is appropriate at the particular location and in the particular manner proposed. The decision of the Board of Zoning Appeals must make findings to support each of the following conclusions (staff’s findings with regards to each item are provided italicized in blue): 1. The consistency of the proposed special use with the Comprehensive Plan and any adopted land use policies. As mentioned above, the Spring Hill Rising 2040 Plan identifies the property as a Residential Neighborhood Area. For the reasons stated above, Staff finds the proposed use to be consistent with the Comprehensive Plan and adopted land-use policies. 2 BZA 1043-2021 (Special Use -3704 StoneCreek Dr) Board of Zoning Appeals - Board of Zoning Appeals - PACKET - (Page 16 of 30) General Attachment: BZA 1043 ... Use -3704 StoneCreek Dr_.pdf (Page 2 of 4)  General Attachment: BZA 1043-2021 _Special Use -3704 StoneCreek Dr_.pdf 2. The special use in the specific location proposed is consistent with the spirit and intent of this Code. The proposed use, while subject to approval as a special use, is consistent with the purpose statements in Article 4.1 for the Rural Residential District: “The Residential Neighborhood Area represents a transition between natural, and rural settings and more intense environments, such as mixed-use areas, city neighborhood areas, and community commerce areas. The intent of this category is to preserve natural features in the built environment, enhance the access to housing options and urban amenities such as jobs, retail services and public services, and to create new opportunities to enhance the quality of life.” If the special use is approved, the site will be subject to final review and approval from the Building and Codes Director, and that process will ensure consistency with code regulations. 3. The proposed special use will not endanger the public health, safety, or welfare. The site is bordered by R-R properties to its north. south, east and west. Staff is not aware of any issues that would present a hazard to public health, safety, or welfare. 4. The proposed special use is compatible with the general land use of adjacent properties and other property within the immediate vicinity. The property is zoned R-R and within the Spring Hill’s 2040 Rising Plan as the Residential Neighborhood Area. This area is consistent with the Rural Residential District as identified in the UDC. Other uses are listed in Article 8 of the UDC, under Table 8-1: Use Matrix. The proposed use is compatible with adjacent properties and properties in the immediate vicinity. 5. The special use in the specific location public infrastructure and services to support the use is sufficient. Findings: Based on the above findings, Staff concludes that the application meets the Approval Standards of Article 13.3.E listed above for the approval of a special use. The applicant has provided the following written responses to the five (5) items above: 1. The proposed use is consistent with the comprehensive plan and land use policies of the city of Spring Hill. a. The property is located in the Residential Neighborhood Area according the Spring Hill Rising 2040 Comprehensive Plan. This area supports accessory dwelling units exceeding 901-SF. The Planning Department supports accessory dwelling units in this location considering the lot is in excess of 1-acre and surrounded by other R-R zoned properties on all sides. 2. The proposed use in this location is consistent with the intent of the Unified Development Code. a. Under the Spring Hill UDC, accessory dwelling units are allowed within the R-R zoning district byright, the applicant is requesting to expand an accessory structure to include up to 1,128-SF of its total 1,800- SF of GFA to be used as an accessory dwelling unit. Therefore, we believe the intent of the code to allow for an accessory dwelling unit with up to 1,250-SF of GFA is adequate for the site, especially given the size of the lot. 3. The proposed use will not be an endangerment to the health, safety, and welfare of the public. a. Accessory dwelling units are a byright use within the R-R and does not negatively impact the health, safety and welfare of the public at this location. 4. The proposed use is compatible with the general land use of adjacent properties, which is evident due to the surrounding zonings to the site and the size of the lots. 5. The special use of the site in question has sufficient public infrastructure and services to support the use. a. The property has existing infrastructure to the site and structure which appears adequate for the use. Recommendation: If the Board of Zoning Appeals agrees with staff’s findings and determines that the request meets the requirements for a special use, staff recommends that the Board of Zoning Appeals adopt staff’s findings of fact and conclusions of law found in this report and approve BZA 1043-2021. Approval is subject to the conditions listed in the Motion below. 3 BZA 1043-2021 (Special Use -3704 StoneCreek Dr) Board of Zoning Appeals - Board of Zoning Appeals - PACKET - (Page 17 of 30) General Attachment: BZA 1043 ... Use -3704 StoneCreek Dr_.pdf (Page 3 of 4)  General Attachment: BZA 1043-2021 _Special Use -3704 StoneCreek Dr_.pdf Possible Motion: Motion to deny special use application BZA 1043-2021 to permit an accessory dwelling unit in excess of 901-SF based on the following: 1. The proposed use is not consistent with the comprehensive plan and land use policies of the city of Spring Hill. 2. The proposed use in this location is not consistent with the intent of the Unified Development Code. 3. The proposed use will be an endangerment to the health, safety, and welfare of the public. 4. The proposed use is not compatible with the general land use of adjacent properties, which is evident due to the surrounding zonings to the site and the size of the lots. 5. The special use of the site in question does not have sufficient public infrastructure and services to support the use. Possible Motion: Motion to adopt the finding of facts and conclusions of law provided in this report and to approve special use application BZA 1043-2021 to permit residential care facility uses, with the following conditions: 1. An approved special use will expire one year from the date of approval according to the provisions of Article 13.3.G of the UDC. Site plan approval through the Spring Hill Planning Commission will be required prior to the expiration of this special use. 2. The development must be reasonably consistent with the special use request submitted to the BOZA, subject to changes and conditions imposed by the Planning Commission. 3. The applicant must construct a solid exterior wall separating the accessory dwelling unit from the garage; 4. No penetrations of any kind which could accommodate HVAC ducting or other type of systems through the wall will be allowed; 5. Doors to the accessory dwelling units must be exterior doors. 6. The remainder of the accessory structure must not be constructed in a manner allowing heating or cooling of the garage area to include the minimum comforts which could allow the area to be used as an extension of the accessory dwelling unit. 4 BZA 1043-2021 (Special Use -3704 StoneCreek Dr) Board of Zoning Appeals - Board of Zoning Appeals - PACKET - (Page 18 of 30) General Attachment: BZA 1043 ... Use -3704 StoneCreek Dr_.pdf (Page 4 of 4)  ^ Back to Agenda ^ General Attachment: Map.pdf Board of Zoning Appeals - Board of Zoning Appeals - PACKET - (Page 19 of 30) General Attachment: Map.pdf (Page 1 of 3)  General Attachment: Map.pdf Board of Zoning Appeals - Board of Zoning Appeals - PACKET - (Page 20 of 30) General Attachment: Map.pdf (Page 2 of 3)  General Attachment: Map.pdf Board of Zoning Appeals - Board of Zoning Appeals - PACKET - (Page 21 of 30) General Attachment: Map.pdf (Page 3 of 3)  ^ Back to Agenda ^ General Attachment: Plot Plan.pdf Board of Zoning Appeals - Board of Zoning Appeals - PACKET - (Page 22 of 30) General Attachment: Plot Plan.pdf (Page 1 of 1)  ^ Back to Agenda ^ General Attachment: Floor Plan.pdf Board of Zoning Appeals - Board of Zoning Appeals - PACKET - (Page 23 of 30) General Attachment: Floor Plan.pdf (Page 1 of 2)  General Attachment: Floor Plan.pdf Board of Zoning Appeals - Board of Zoning Appeals - PACKET - (Page 24 of 30) General Attachment: Floor Plan.pdf (Page 2 of 2)  ^ Back to Agenda ^ General Attachment: BZA 1046-2021 _2009 Autumn Ridge Way - Variance_.pdf Spring Hill Board of Zoning Appeals TO: Spring Hill Board of Zoning Appeals FROM: Calvin Abram, Director of Planning MEETING: September 21, 2021 SUBJECT: BZA 1046-2021 (VARIANCE – 2009 Autumn Ridge Way) BZA 1046-2021: Submitted by Melissa and Curtis Floyd for 2009 Autumn Ridge Way. The property is located in the Autumn Ridge Subdivision, zoned R-2 and contains approximately .396 acres. The applicant is requesting a variance to reduce the rear building setback for the allowance of a covered patio. Requested by Melissa and Curtis Floyd. Request: The applicant is requesting a variance to reduce the building setback from 25 feet to a varying range between 13 to 10 feet, to construct a covered patio. The applicant requests approval to cover an existing patio that was added after the construction of the home. The applicant has provided a letter of explanation, plot plan, and photos which are attached to this report for review. Property Description and History: 2009 Autumn Ridge Way is located in the Autumn Ridge Subdivision and is zoned R-2. The plot plan illustrates the property has a rear setback of 25’ with a 10’- wide P.U.D.E. within the rear yard of the property. The home is located on a corner lot and the rear property line slants at an angle and this decreases the master setback line in varying areas of the proposed project. The home is approximately 3’ from the rear setback and approximately 28’ from the rear property line on the southeastern edge of the home; however, the plot plan does not identify the distance from the rear setback line of the home on the northeastern edge of the proposed development. There is an existing uncovered cement patio that was added to the home after it was constructed. The property is adjacent to other R-2 lots in the Autumn Ridge Subdivision. Analysis: There is an existing uncovered patio and the homeowner requests permission to cover the entire existing patio. 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 encroaches a maximum of 7’ to 10’ and is what requires a variance. The applicant is proposing to cover the patio and the covered patio’s roof will be asphalt shingles and should match the shingles of the existing home. With reviewing the materials provided as part of the applicant’s application, the style of addition appears to compliment the home; the materials of the project are described as wood beams, cedar facia, 8x8 cedar posts, recessed lighting, outdoor fans, to conclude with gutters and downspouts to match the existing gutters of the home. Once roofed over, the proposed structure will be attached to the primary structure and is considered part of the primary structure for building setback purposes. The applicant has provided staff with a complete application submittal. 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 2009 Autumn Ridge Way and at least ten days in advance of the first scheduled action. City staff has placed a notice in the newspaper and a sign on the subject property. No email public comments were received via the BOZAPublicComment@springhilltn.org email address 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 1046-2021 (2009 Autumn Ridge Way - Variance) Board of Zoning Appeals - Board of Zoning Appeals - PACKET - (Page 25 of 30) General Attachment: BZA 1046 ... mn Ridge Way - Variance_.pdf (Page 1 of 3)  General Attachment: BZA 1046-2021 _2009 Autumn Ridge Way - Variance_.pdf 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/screen existing patios, patios, and/or create new ones. This has oftentimes 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, a minimal amount of room is available to cover the proposed 16’x40’ patio. A covered patio is permitted to encroach 8’ into the rear setback and the proposed covered patio may encroach more than 8’. The applicant request is inconsistent with the UDC. The variance is required to allow the covering of an already existing patio. Per the applicant: “No response given.” 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 varying 3’ or less from the rear setback line and provides room for conformity. The proposed covered/screened patio will encroach approximately 7’ to 10’ into the rear setback and does not encroach into the PUDE. The existing uncovered patio encroaches up to 10’ and there is no change to the overall encroachment with the proposed covered/screened patio. Approval of the request will permit the covering/screening of the existing patio; staff does find a strict application of this code provides a hardship to the property owner. Per the applicant: “No response given.” 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 covered/screened patio encroachment is along the rear of the property, which is fenced-in. 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 if the covered patio does not encroach more than 8’ into the rear yard setback. Per the applicant: “No response given.” Recommendation: Staff recommends Approval of the request. 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 1046-2021, a building setback variance request to cover the existing patio, approval should be subject to consistency with revised plans which limit the encroachment of the covered patio up to 8’ into the rear yard setback. Possible Motion: Motion to Deny the applicant’s request based on the findings of facts and conclusions of law provided in the staff report and to deny variance BZA 1046-2021 and not allow the construction of a 16x40 at 2009 Autumn Ridge Way being the applicant failed the following criteria: 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 and/or; 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 and/or; 3. 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. 2 BZA 1046-2021 (2009 Autumn Ridge Way - Variance) Board of Zoning Appeals - Board of Zoning Appeals - PACKET - (Page 26 of 30) General Attachment: BZA 1046 ... mn Ridge Way - Variance_.pdf (Page 2 of 3)  General Attachment: BZA 1046-2021 _2009 Autumn Ridge Way - Variance_.pdf Possible Motion: Motion to adopt the finding of facts and conclusions of law provided in the staff report and to approve variance BZA 1046-2021 to allow the construction of a covered patio at 2009 Autumn Ridge Way with the following conditions: 1. The applicant must revise the submitted plans and the covered patio cannot encroach more than 8’ into the required rear yard setback. 2. 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 before the date of expiration. No public hearing is required for approval of such extension of time. 3. Subject to homeowner’s association approval as may be required for Autumn Ridge Subdivision. 3 BZA 1046-2021 (2009 Autumn Ridge Way - Variance) Board of Zoning Appeals - Board of Zoning Appeals - PACKET - (Page 27 of 30) General Attachment: BZA 1046 ... mn Ridge Way - Variance_.pdf (Page 3 of 3)  ^ Back to Agenda ^ General Attachment: Plot Map.pdf Board of Zoning Appeals - Board of Zoning Appeals - PACKET - (Page 28 of 30) General Attachment: Plot Map.pdf (Page 1 of 1)  ^ Back to Agenda ^ General Attachment: Adjoining Properties.pdf Board of Zoning Appeals - Board of Zoning Appeals - PACKET - (Page 29 of 30) General Attachment: Adjoining Properties.pdf (Page 1 of 1)  ^ Back to Agenda ^ General Attachment: Sketch.pdf Board of Zoning Appeals - Board of Zoning Appeals - PACKET - (Page 30 of 30) General Attachment: Sketch.pdf (Page 1 of 1)