Board of Zoning Appeals

AGENDA PACKET Board of Zoning Appeals Board of Zoning Appeals November 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 November 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 SEPTEMBER20, 2022 BOARD OF ZONING APPEALS MEETING MINUTES Attachment: BZA Meeting Minutes 9-20-22.pdf F. OLD BUSINESS G. NEW BUSINESS 1. BZA 1307-2022 Submitted by Danielle and Douglas Debelak for 2822 Kaye Drive. The property is located in the Brixworth Subdivision and zoned R-2, and contains approximately .254 acres. The applicant is requesting a variance to reduce a drainage easement in their rear yard in order to construct a pool. Requested by Doug Debelak. Attachment: BZA 1307-2022 _2822 Kaye Dr - Variance_.pdf Attachment: vicinity_map.pdf Attachment: Drawings.pdf H. OTHER BUSINESS 1. BOZA 2023 Schedule Attachment: DRAFT BOZA 2023 Schedule.pdf I. ADJOURN Board of Zoning Appeals - Board of Zoning Appeals - 11/15/22 Page 1 of 1  ^ Back to Agenda ^ General Attachment: BZA Meeting Minutes 9-20-22.pdf SPRING HILL MUNICIPAL BOARD OF ZONING APPEALS REGULAR MEETING MINUTES TUESDAY, SEPTEMBER 20, 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, Board Member Matthew Mezzatesta and Board Member Brandon McCulloch. Staff present: City Attorney - Patrick Carter, Associate Planner - Jake McQueen, Sr Planner – Peter Hughes and Planning Tech – 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 AUGUST 16, 2022 BOARD OF ZONING APPEALS MEETING MINUTES Mayor Jim Hagaman made a motion to approve the August 16, 2022 Meeting Minutes as written. Motion seconded by Vice Chairman Rob Roten. Motion to approve the August 16, 2022, Meeting Minutes passed 3-0-2. Matthew Mezzatesta and Brandon McCulloch abstained. F. OLD BUSINESS G. NEW BUSINESS 1. BZA 1270-2022: Submitted by Moody Nolan for 4881 Port Royal Rd. The property is zoned C-4, and contains approximately 1.013 acres. The applicant is requesting a special use and a variance. Requested by Lance Brannock. Mayor Jim Hagaman made a motion to adopt the findings of fact and conclusions of law found in the staff report and approve BZA 1270-2022 with the three (3) associated conditions of approval: BZA Minutes 9-20-2022 Page 1 |2 Board of Zoning Appeals - Board of Zoning Appeals - PACKET - (Page 3 of 12) General Attachment: BZA Meeting Minutes 9-20-22.pdf (Page 1 of 2)  General Attachment: BZA Meeting Minutes 9-20-22.pdf 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 drive aisle spacing must be reasonably consistent to the design provided in the approved BZA application. Failure to comply will result in the application returning to the BZA for approval. Motion seconded by Matthew Mezzatesta to approve BZA 1270-2022 passed 5-0. H. OTHER BUSINESS I. ADJOURN Rob Roten made a motion to adjourn. Motion seconded by Brandon McCulloh. Motion to adjourn the September20, 2022 Board of Zoning Appeals meeting passed 5-0. Meeting Adjourned at 5:50 PM. Terry Cantrell, Chairman BZA Minutes 9-20-2022 Page 2 |2 Board of Zoning Appeals - Board of Zoning Appeals - PACKET - (Page 4 of 12) General Attachment: BZA Meeting Minutes 9-20-22.pdf (Page 2 of 2)  ^ Back to Agenda ^ General Attachment: BZA 1307-2022 _2822 Kaye 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 1307-2022 (VARIANCE – 2822 Kaye Drive) BZA 1307-2022: Submitted by Danielle and Douglas Debelak for 2822 Kaye Drive. The property is located in the Brixworth Subdivision, is zoned R-2 and contains approximately .254 acres. The applicant is requesting a variance to reduce a drainage easement in their rear yard in order to construct a pool. Requested by Danielle and Douglas Debelak. The applicant has provided a letter of explanation, drawings and plot plan which are attached to this report for review. Property Description and History: 2822 Kaye Drive is located in the Brixworth Subdivision and is zoned R-2. The Brixworth Section 1 Phase 2 Final Plat was originally approved in December of 2014. The plat illustrates the property has a 20’ drainage easement, containing a 10’ PUDE within on the far west boundary of the property. The property is adjacent to other R-2 lots in the Brixworth Subdivision. Analysis: The UDC prohibits structures from being constructed within an easement with the exception being fencing. Article 9.3.A of the UDC states: “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 applicant’s proposed pool would encroach approximately 8’ into the drainage easement, but would not enter the PUDE. 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”. Despite this, the pool cannot encroach into an easement, as stated in article 9.3.A. The Planning Department consulted with applicable city staff and they agree with Staff’s findings. 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 2822 Kaye 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 BZA 1307-2022 (2822 Kaye Dr - Variance) Board of Zoning Appeals - Board of Zoning Appeals - PACKET - (Page 5 of 12) General Attachment: BZA 1307 ... 2822 Kaye Dr - Variance_.pdf (Page 1 of 3)  General Attachment: BZA 1307-2022 _2822 Kaye Dr - 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. As stated previously, the property at 2822 Kaye Drive has 20’ drainage easement ion the rear yard, with a 10’ PUDE within. It is not uncommon for an easement such as this to be located within the rear yard of an r-2 lot. Additionally, the lot is not unlike the adjacent lots. Staff cannot identify a hardship in this case. Per the applicant: No response. 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: No response. 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: No response. 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 1307-2022, a variance request to construct a swimming pool which would be built up to 8’ into the drainage 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 1307-2022 and not allow the construction of a swimming pool which would be built up to 8’ into the drainage easement at 2822 Kaye 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 1307-2022 to allow the construction of a swimming pool which would be built up to 8’ into the landscape easement at 2822 Kaye 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 2 BZA 1307-2022 (2822 Kaye Dr - Variance) Board of Zoning Appeals - Board of Zoning Appeals - PACKET - (Page 6 of 12) General Attachment: BZA 1307 ... 2822 Kaye Dr - Variance_.pdf (Page 2 of 3)  General Attachment: BZA 1307-2022 _2822 Kaye Dr - Variance_.pdf 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 the Brixworth 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 1307-2022 (2822 Kaye Dr - Variance) Board of Zoning Appeals - Board of Zoning Appeals - PACKET - (Page 7 of 12) General Attachment: BZA 1307 ... 2822 Kaye Dr - Variance_.pdf (Page 3 of 3)  ^ Back to Agenda ^ General Attachment: vicinity_map.pdf ?> 2822 Kaye Dr 00 00 100 100 ft 100ft 100 ft ft 200 200 ft 200ft 200 ft ft www.interactiveGIS.com Printed 11/0 9 /20 22 Board of Zoning Appeals - Board of Zoning Appeals - PACKET - (Page 8 of 12) General Attachment: vicinity_map.pdf (Page 1 of 1)  ^ Back to Agenda ^ General Attachment: Drawings.pdf Board of Zoning Appeals - Board of Zoning Appeals - PACKET - (Page 9 of 12) General Attachment: Drawings.pdf (Page 1 of 3)  General Attachment: Drawings.pdf Board of Zoning Appeals - Board of Zoning Appeals - PACKET - (Page 10 of 12) General Attachment: Drawings.pdf (Page 2 of 3)  General Attachment: Drawings.pdf Board of Zoning Appeals - Board of Zoning Appeals - PACKET - (Page 11 of 12) General Attachment: Drawings.pdf (Page 3 of 3)  ^ Back to Agenda ^ General Attachment: DRAFT BOZA 2023 Schedule.pdf Spring Hill Board of Zoning Appeals 2023 Meeting Schedule Application deadline Board of Zoning Appeals 12:00 PM (noon) 5:30 PM Monday Tuesday Planning Office City Hall -One folded hard copy -One (1) CD/USB with PDF 1 November 14 December 20 2 December 19 January 17 3 *January 17 February 21 4 *February 21 March 21 5 March 20 April 18 6 April 17 May 16 7 May 15 June 20 8 June 19 July 18 9 July 17 August 15 10 August 14 September 19 11 September 18 October 17 12 October 16 November 21 13 November 20 December 19 Indicates 2022 dates  Indicates change due to Holiday Board of Zoning Appeals - Board of Zoning Appeals - PACKET - (Page 12 of 12) General Attachment: DRAFT BOZA 2023 Schedule.pdf (Page 1 of 1)