Board of Zoning Appeals

AGENDA PACKET Board of Zoning Appeals Board of Zoning Appeals March 15, 2022 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 March 15, 2022 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 COMMENT (NON-AGENDA ITEMS) E. APPROVAL OF THE FEBRUARY 15, 2022 BOARD OF ZONING APPEALS MEETING MINUTES. Attachment: DRAFT BZA Meeting Minutes 2-15-22.pdf F. OLD BUSINESS G. NEW BUSINESS 1. BZA 1155-2022 Submitted by Brent Johnson of 1413 Savannah Park Drive. The property is located in Spring Hill Place and is zoned R-2. The site contains approximately 0.323 acres. The applicant is requesting a variance to decrease the size of the buffer yard from 25' to a 15' buffer yard. Requested by Brent Johnson. Attachment: BZA 1155-2022 _1413 Savannah Park Dr. - Variance_.pdf Attachment: 1413 Savannah Park Vicinity Map.pdf Attachment: Spring Hill Place Sec 1.pdf H. OTHER BUSINESS I. ADJOURN Board of Zoning Appeals - Board of Zoning Appeals - 03/15/22 Page 1 of 1  ^ Back to Agenda ^ General Attachment: DRAFT BZA Meeting Minutes 2-15-22.pdf SPRING HILL MUNICIPAL BOARD OF ZONING APPEALS REGULAR MEETING MINUTES TUESDAY, FEBRUARY 15, 2022 5:30 PM A. CALL TO ORDER Chairman Terry Cantrell called the meeting to order at 5:30 PM. B. ROLL CALL Members present for the Meeting were: Chairman – Terry Cantrell, Vice Chairman - Rob Roten, Mayor - Jim Hagaman, Brandon McCulloch and Matthew Mezzatesta. Staff present: City Attorney - Patrick Carter, Planning Director - Calvin Abram, Associate Planner - Jake McQueen, 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. APPROVAL OF THE JANUARY 18, 2022 BOARD OF ZONING APPEALS MEETING MINUTES Mayor Jim Hagaman made a motion to approve the January 18, 2022 Meeting Minutes. Motion seconded by Matthew Mezzatesta. Motion to approve the January 18, 2022, Meeting Minutes passed 5-0. F. OLD BUSINESS G. NEW BUSINESS 1. BZA 1139-2022: Submitted by Amanda Knobloch, representing Rex Lee, Lynceta Harrison & Jessica Lee. The property is located at 669 Alex Drive, and is zoned R-2. The site contains approximately .68 acres. The applicant is requesting a variance to allow replacement of a mobile home on the property. Requested by Amanda Knobloch. Mayor Jim Hagaman made a motion to adopt the findings of fact and conclusions of law found in the staff report and approve the variance BZA 1139-2022 and allow the replacement of a mobile home. BZA Minutes 2-15-2022 Page 1 | 3 Board of Zoning Appeals - Board of Zoning Appeals - PACKET - (Page 3 of 10) General Attachment: DRAFT BZA Meeting Minutes 2-15-22.pdf (Page 1 of 3)  General Attachment: DRAFT BZA Meeting Minutes 2-15-22.pdf 1. Per Section 13.4.G 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. 2. The development must be reasonably consistent with the variance request submitted to the BOZA, subject to changes and conditions imposed by the Planning Commission. 3. The mobile home called out in the application, Champion model 21-6011-V2, cannot be replaced by another mobile home so long as it is prohibited in the Unified Development Code. 4. The mobile home must be placed in the location called out in the plot plan submitted in this application. 5. The approved mobile home must meet the specifications laid out in the application for Champion model 21-6011-V2. No other model of mobile home may be placed on the site following the approval of this application. Motion seconded by Vice chairman Rob Roten. Motion to approve BZA 1139-2022 passed 5-0. 2. BZA 1130-2022: Submitted by It’s Permittable representing 1033 Crossings Blvd. The property is located in The Crossings and is zoned C-5. The site contains approximately 14.45 acres. The applicant is requesting a variance to increase the size of the sign. Requested by Jennifer Wolfe. Mayor Jim Hagaman made a motion to adopt the findings of fact and conclusions of law found in the staff report and deny application BZA 1130-2022 based on the staff report. Motion seconded by Matthew Mezzatesta. The vote was 4 to 1 with Vice Chairman Rob Roten opposing. Motion to deny BZA 1130-2021 passed 4-1. 3. BZA 1135-2022: Submitted by Sue Jeffers, representing Mike Fennema, The Hollow at Maury Hill, LLC. The property is located at 538 Maury Hill St. and is zoned C-D-E1. The site contains approximately 1.39 acres. The applicant is requesting a variance to allow historic pea gravel and a reduced buffer yard. Requested by Sue Jeffers. Mayor Jim Hagaman made a motion to adopt the findings of fact and conclusions of law found in the staff report and approve BZA 1135-2022 subject to the staff conditions of approval. 1. Per Section 13.4.G 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. 2. The development must be reasonably consistent with the variance request submitted to the BOZA, subject to changes and conditions imposed by the Planning Commission. 3. The applicant would be required to install a minimum of one (1) bike rack when constructing the parking lot, per the requirements of the UDC. 4. The applicant must adhere to UDC standards in article 10.9.B, pertaining to the use of historic pea gravel, including the use of required edging material to retain the gravel on the site. 5. A landscape strip is required around the perimeter of the parking lot that is a minimum of ten (10) feet in width. The applicant must follow the guidelines of UDC article 11.7.C when designing this landscape strip. BZA Minutes 2-15-2022 Page 2 | 3 Board of Zoning Appeals - Board of Zoning Appeals - PACKET - (Page 4 of 10) General Attachment: DRAFT BZA Meeting Minutes 2-15-22.pdf (Page 2 of 3)  General Attachment: DRAFT BZA Meeting Minutes 2-15-22.pdf 6. No event parking on the site is allowed to park in a manor restricting neighboring properties’ access to their property. 7. Event or business use to the property is prohibited from utilizing on-street parking along Maury Hill St. Motion seconded by Matthew Mezzatesta. Motion to approve BZA 1135-2022 passed 5-0. 4. BZA 1137-2022: Submitted by MS Consultants, representing 4933 Main St. The property is zoned C-4. The site contains approximately 1.17 acres. The applicant is requesting a special use for a drive thru. Requested by Jason Boley. Mayor Jim Hagaman made a motion to adopt the findings of fact and conclusions of law found and approve BZA 1137-2022 subject to Planning Commission approval. 1. An updated site plan must be submitted to the Planning Department before it can be reviewed by the Planning Commission. This site plan must be reflective of the design submitted to the BZA. 2. 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. 3. 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. Motion seconded by Vice Chairman Rob Roten. Motion to approve BZA 1137-2022 passed 5-0. H. OTHER BUSINESS Pam Caskie, City Administrator, let the Board of Zoning Appeals know the City was successful in getting a CMAQ Grant for $185,000. The money will be used to study the traffic on Main Street from Thompsons Station Road red light to Miles Johnson. I. ADJOURN Matthew Mezzatesta made a motion to adjourn. Motion seconded by Brandon McCulloch. Motion to adjourn the February 15, 2022 Board of Zoning Appeals meeting passed 5-0. Meeting Adjourned at 6:40 PM. Terry Cantrell, Chairman BZA Minutes 2-15-2022 Page 3 | 3 Board of Zoning Appeals - Board of Zoning Appeals - PACKET - (Page 5 of 10) General Attachment: DRAFT BZA Meeting Minutes 2-15-22.pdf (Page 3 of 3)  ^ Back to Agenda ^ General Attachment: BZA 1155-2022 _1413 Savannah Park Dr. - Variance_.pdf Spring Hill Board of Zoning Appeals TO: Spring Hill Board of Zoning Appeals FROM: Jake McQueen, Associate Planner MEETING: March 15, 2022 SUBJECT: BZA 1155-2022 (VARIANCE – 1413 Savannah Park Drive) BZA 1155-2022: Submitted by Brent Johnson for 1413 Savannah Park Drive. The property is located in the Spring Hill Place Subdivision, zoned R-2 and contains approximately .323 acres. The applicant is requesting a variance to reduce the rear landscape easement in order to construct a pool. Requested by Brent Johnson. The applicant has provided a letter of explanation, drawings and plot plan which are attached to this report for review. Property Description and History: 1413 Savannah Park Drive is located in the Spring Hill Place Subdivision and is zoned R- 2. The Spring Hill Place Section 1 Final Plat was originally approved in April of 2001. The plat illustrates the property has a 25’ landscape easement in the rear yard, with a 10’ PUDE within the landscape easement on the far-south side of the property. The property is adjacent to other R-2 lots in the Spring Hill Place Subdivision. The property backs up to another section of the subdivision, phase 3B, which has only a 15’ landscape easement and a 10‘ PUDE. These easements combined would allow for a 40’ landscape easement, with a PUDE of 20’ total at its center. Analysis: The UDC prohibits structures from being constructed within a PUDE 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.” However, the applicant’s proposed pool would not interfere with the PUDE, and would instead extend 10’ into the landscape easement. In article 11.8, the UDC states the following about landscape buffers, which would be the current nomenclature of a landscape easement: “A. As of the effective date of this Code, buffer yards are required for new construction along interior side and rear yards in the following cases: 1. Where a multi-family dwelling abuts a single-family, two-family, or townhouse dwelling. 2. Where a non-residential use is located within a residential district. This does not include public parks. 3. Where a non-residential district abuts a residential district. This does not include the C-D, OS, or NA Districts or public parks. C. Buffer yards may be located within required setbacks, but must be reserved for the planting of material and installation of screening as required by this section. No parking, driveways, sidewalks, accessory structures, or any impervious surfaces are permitted within the buffer yard area.” While the UDC prohibits structures and infrastructure to be built within the buffer yard, a buffer yard would not be required in this location because the R-2-zoned lot in question is surrounded on all sides by R-2-zoned lots as well, each being used as single-family residential in the same subdivision. 1 BZA 1155-2022 (1413 Savannah Park Dr. - Variance) Board of Zoning Appeals - Board of Zoning Appeals - PACKET - (Page 6 of 10) General Attachment: BZA 1155 ... nah Park Dr. - Variance_.pdf (Page 1 of 3)  General Attachment: BZA 1155-2022 _1413 Savannah Park Dr. - Variance_.pdf In article 4, “Residential Standards”, the UDC states that a property zoned R-2 has a 25’ minimum rear setback. However, Article 9, Table 9-1 states that an encroachment into the rear setback is permitted for swimming pools a “minimum of 10’ from lot lines unless subject to additional City ordinance requirements”. The Planning Department consulted with Sewer, Water, and Public Works Staff and it was further determined that a pool extending into the landscape easement would not pose a detriment to public utilities. It was noted by Chris Dugan, MS4, that a drainage swale is located in the PUDE that cannot be altered. However, the pool would not interfere with the PUDE. 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 1413 Savannah Park Drive 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. 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 1413 Savannah Park Drive has a 25’ landscape easement in the rear yard, containing a PUDE. While the property is akin to the other lots on the south side of Savannah Park Drive, as previously mentioned, the houses to the south also have a landscape buffer and PUDE, however, it is 15’ total instead of 25’. The applicant may meet the first requirement for a variance based on the difference in size of the landscape buffers. Per the applicant: “The remaining space available would be too narrow to install a pool”. 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. Adhering to the strict application of the code does not create an exceptional practical difficulty to the property owner. The property owner purchased the home with the restriction of the landscape easement and PUDE; therefore, staff cannot professionally state the hardship is not self-imposed. Per the applicant: “Without a variance of the 25’ Buffer Yard to a 15’ Buffer Yard the installation of a pool would not be possible”. 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 does not believe that the proposal will have a significant detrimental impact on the public good or the surrounding properties, so long as the pool is constructed in accordance with all applicable life-safety building codes and is screened with appropriate landscaping. Per the applicant: “The pool installation would not infringe on any adjacent properties, and would be constructed in a professional manner as to increase the aesthetic look of the yard”. 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 1155-2022, a variance request to construct a swimming pool which would be built up to 10’ into the landscape easement. 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 1155-2022 and not allow the construction of a swimming pool which would 2 BZA 1155-2022 (1413 Savannah Park Dr. - Variance) Board of Zoning Appeals - Board of Zoning Appeals - PACKET - (Page 7 of 10) General Attachment: BZA 1155 ... nah Park Dr. - Variance_.pdf (Page 2 of 3)  General Attachment: BZA 1155-2022 _1413 Savannah Park Dr. - Variance_.pdf be built up to 10’ into the landscape easement at 1413 Savannah Park Drive 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. Possible Motion: Motion to adopt the finding of facts and conclusions of law provided in the staff report and to approve variance BZA 1155-2022 to allow the construction of a swimming pool which would be built up to 10’ into the landscape easement at 1413 Savannah Park Drive with the following conditions: 1. 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. 2. The development must be reasonably consistent with the variance request submitted to the BOZA. 3. Subject to homeowner’s association approval as may be required for Spring Hill Place Subdivision. 4. The Pool must be constructed according to all life-safety building codes associated with an in-ground pool. 5. All perimeter barrier plantings must meet the landscape standards of Article 11 in the UDC. 6. No trees or shrubs may be removed unless replaced by specimens of same species and same caliper or unless approved by the Planning Commission. 3 BZA 1155-2022 (1413 Savannah Park Dr. - Variance) Board of Zoning Appeals - Board of Zoning Appeals - PACKET - (Page 8 of 10) General Attachment: BZA 1155 ... nah Park Dr. - Variance_.pdf (Page 3 of 3)  ^ Back to Agenda ^ General Attachment: 1413 Savannah Park Vicinity Map.pdf ?> 1413 Savannah Park Dr Vicinity Map 00 00 50 50 ft 50ft 50 100 ft 100 ft ft 100ft 100 ft ft www.interactiveGIS.com Printed 0 2/28 /20 22 Board of Zoning Appeals - Board of Zoning Appeals - PACKET - (Page 9 of 10) General Attachment: 1413 Savannah Park Vicinity Map.pdf (Page 1 of 1)  ^ Back to Agenda ^ General Attachment: Spring Hill Place Sec 1.pdf Board of Zoning Appeals - Board of Zoning Appeals - PACKET - (Page 10 of 10) General Attachment: Spring Hill Place Sec 1.pdf (Page 1 of 1)