Board of Zoning Appeals

CITY OF SPRINGFIELD 405 North Main Street P.O. Box 788 Springfield, TN 37172-0788 Telephone (615) 382-2200 Fax (615) 382-1612 Accounting Dept. Fax (615) 382-7602 AGENDA SPRINGFIELD MUNICIPAL BOARD OF ZONING APPEALS MEETING Tuesday, August 8, 2017 at 5:00 p.m. I. CALL TO ORDER II. APPROVAL OF MINUTES July 11th, 2017 minutes to approve Ill. NEW BUSINESS Brewer Holdings, LLC is requesting a 1 ft. road frontage variance to allow for a duplex to be built at 2108 South Main Street. IV. Other Business VI. Adjournment MINUTES SPRINGFIELD MUNICIPAL APPEALS BOARD Tuesday, July 11, 2017 Meeting At 5:00 p.m. SPRINGFIELD CITY HALL BOARD HALL SPRINGFIELD, TENNESSEE I CALL TO ORDER Chair Buzzy Poole called the meeting to order at 5:10 P.M. II. MEMBERS PRESENT Larry Simmons, Buzzy Poole, Allan Sweatt Ill. MEMBERS ABSENT Carolyn Woodard IV. STAFF PRESENT Gina Head V. GUESTS PRESENT Patrick Powell, Winston Parks The meeting was called to order at 5:10 and the roll was called and there were 3 out of 4 members present. There was a quorum and the pledge to the flag was said. The minutes of June 19, 2017 were approved unanimously with a motion to approve by Mr. Sweatt & a second by Mr. Simmons. Chairman Poole asked for a motion to put the first item on the floor for discussion, a 10 foot setback variance request from the 15 foot rear setback on the property located in the Legacy Subdivision Section 2 Lot 190 owned by Phillip Zarrow. The motion was made by Mr. Simmons with a second from Mr. Sweatt to approve, to put the item on the floor for discussion. Staff presented the item on the agenda, this property is zoned RS20 PUD Residential. The standards for variance are on page 279 and 280 of the Springfield Zoning Ordinance. The first criteria states that the particular physical surroundings, shape, topographic conditions of the specific property involved that would result in a particular hardship upon the owner as distinguished from a mere inconvenience, if the strict application of this ordinance were carried out must be stated. The topographic conditions shape or surroundings do not create a hardship for the property owner; however, this Section 2 of the Legacy subdivision has side setbacks of 15 feet. Most of the other sections of the Legacy has side setbacks of 5 feet. The difference in the side setback was not caught by the 1. Approve the request 2. Disapprove the request 3. Postpone action on the request Staff recommendation was for approval. The motion to approve was made by Mr. Simmons and the second was made by Mr. Sweatt, the motion passed with a vote of 3 - 0. The next item on the agenda was Winston Parks, on behalf of Palm Development requesting an llfoot variance to allow for a 70 square foot pole sign for the proposed Fast Pace Medical Clinic to be located on Jones Street. Mr. Sweatt made the motion to approve and Mr. Simmons seconds. The standards for variance are on page 279 and 280 of the Springfield Zoning Ordinance. The first criteria states that the particular physical surroundings, shape, topographic conditions of the specific property involved that would result in a particular hardship upon the owner as distinguished from a mere inconvenience, if the strict application of this ordinance were carried out must be stated. The topographic conditions shape or surroundings do not create a hardship for the proposed medical clinic; Staff believed that this criterion was not met. The second criteria are the conditions upon which the petition for a variance is based would not be applicable, generally, to other property within the same district. The conditions and the situation would be applicable to other property in the same district if the other property had the same situation. Staff believed that the second criteria was met. The third criteria are the variance will not authorize activities in a zone district other than those permitted by this Title. This is a commercial district, a Medical and Professional Services are a principal permitted activity in the CS Commercial Services zoning district. This criterion was met. The fourth criteria are that financial returns only shall not be a basis for granting a variance. No, financial returns are not the only basis for granting the variance, as always with any commercial activity, there are financial returns that are a consideration. This criteria was met. The fifth criteria are the alleged difficulty and hardship has not been created by any person having an interest in the property after the effective date of this Title. The alleged difficulty and hardship has not been created by the property owner, this lot has been in existence since 1937. This criterion was met. The sixth criteria is that granting the variance requested will not confer on the applicant any special privilege that is denied by this Title to other lands, structures, or buildings in the same districts. A variance itself is special privilege and any person or property owner could request a variance from this board, and yes, a 70 square foot sign is denied by the City of Springfield Sign Ordinance 11-808 (8) Commercial and Industrial District, (b) Pole Sign: (Amended by Ordinance 15-04) One square foot of sign area per two linear feet of lot frontage, up to a maximum of 150 square feet. The top of the sign shall not exceed 30 square feet in height and the base of the sign shall be at least 7 feet above the ground. What staff calculated was that the Fast Pace Medical Clinic would be allowed a 59 square foot pole sign. This criterion was not met.  MINUTES SPRINGFIELD MUNICIPAL APPEALS BOARD Tuesday, July 11, 2017 Meeting At 5:00 p.m. SPRINGFIELD CITY HALL BOARD HALL SPRINGFIELD, TENNESSEE I CALL TO ORDER Chair Buzzy Poole called the meeting to order at 5:10 P.M. II. MEMBERS PRESENT Larry Simmons, Buzzy Poole, Allan Sweatt Ill. MEMBERS ABSENT Carolyn Woodard IV. STAFF PRESENT Gina Head V. GUESTS PRESENT Patrick Powell, Winston Parks The meeting was called to order at 5:10 and the roll was called and there were 3 out of 4 members present. There was a quorum and the pledge to the flag was said. The minutes of June 19, 2017 were approved unanimously with a motion to approve by Mr. Sweatt & a second by Mr. Simmons. Chairman Poole asked for a motion to put the first item on the floor for discussion, a 10 foot setback variance request from the 15 foot rear setback on the property located in the Legacy Subdivision Section 2 Lot 190 owned by Phillip Zarrow. The motion was made by Mr. Simmons with a second from Mr. Sweatt to approve, to put the item on the floor for discussion. Staff presented the item on the agenda, this property is zoned RS20 PUD Residential. The standards for variance are on page 279 and 280 of the Springfield Zoning Ordinance. The first criteria states that the particular physical surroundings, shape, topographic conditions of the specific property involved that would result in a particular hardship upon the owner as distinguished from a mere inconvenience, if the strict application of this ordinance were carried out must be stated. The topographic conditions shape or surroundings do not create a hardship for the property owner; however, this Section 2 of the Legacy subdivision has side setbacks of 15 feet. Most of the other sections of the Legacy has side setbacks of 5 feet. The difference in the side setback was not caught by the contractor or the building inspector before the addition was built. Staff believed that this criterion was not met. The second criteria are the conditions upon which the petition for a variance is based would not be applicable, generally, to other property within the same district. The conditions and the situation would be applicable to other property in the same district if the other property had the same situation. Staff believed that the second criteria was met. The third criteria are the variance will not authorize activities in a zone district other than those permitted by this Title. A residence is a principal permitted activity and a garage is a permitted accessory use in the RS20 PUD zoning district. This criterion was met. The fourth criteria are that financial returns only shall not be a basis for granting a variance. Financial only, shall not be the only basis for granting a variance, there is a residence and a garage already existing, the property wanted to add onto the existing garage. This criteria was met. The fifth criteria are the alleged difficulty and hardship has not been created by any person having an interest in the property after the effective date of this Title. The alleged difficulty and hardship was not created by the property owner, the owners did not create the subdivision. The difficulty was created because most of the lots in Legacy have a side setback of 5 feet, however, this Section 2 of the Legacy has a side setback of 15 feet, the building inspector nor the contractor catch the difference in the side setback. The garage was already built when they realized that the addition was into the side setback. This criterion was met. The sixth criteria is that granting the variance requested will not confer on the applicant any special privilege that is denied by this Title to other lands, structures, or buildings in the same districts. A variance itself is special privilege and any person or property owner could request a variance from this board. The 15 foot setback is on the recorded plat and a 5 foot was denied in the RS20 PUD zoning district for this section of Legacy. The garage addition was already constructed when the setback difference was realized. Staff believes with the extenuating circumstances that, this criterion was met. The seventh criterion is that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure. Yes this would be a minimum variance. This criterion was met. The eighth criteria is that granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the area in which the property is located, No, the granting of the variance would not be detrimental to the public or injurious to other property or improvements, detrimental to the public. Staffs opinion is that this criterion was met. The ninth criteria is the proposed variance will not impair an adequate supply of light and air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values within the area. It is staff's opinion that the proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially diminish or impair property values within the area, will not increase the danger of fire, endanger the public safety. Staffs opinion is that this criterion was met. There are 8 out of 9 criteria met. 1. Approve the request 2. Disapprove the request 3. Postpone action on the request Staff recommendation was for approval. The motion to approve was made by Mr. Simmons and the second was made by Mr. Sweatt, the motion passed with a vote of 3 - 0. The next item on the agenda was Winston Parks, on behalf of Palm Development requesting an 11foot variance to allow for a 70 square foot pole sign for the proposed Fast Pace Medical Clinic to be located on Jones Street. Mr. Sweatt made the motion to approve and Mr. Simmons seconds. The standards for variance are on page 279 and 280 of the Springfield Zoning Ordinance. The first criteria states that the particular physical surroundings, shape, topographic conditions of the specific property involved that would result in a particular hardship upon the owner as distinguished from a mere inconvenience, if the strict application of this ordinance were carried out must be stated. The topographic conditions shape or surroundings do not create a hardship for the proposed medical clinic; Staff believed that this criterion was not met. The second criteria are the conditions upon which the petition for a variance is based would not be applicable, generally, to other property within the same district. The conditions and the situation would be applicable to other property in the same district if the other property had the same situation. Staff believed that the second criteria was met. The third criteria are the variance will not authorize activities in a zone district other than those permitted by this Title. This is a commercial district, a Medical and Professional Services are a principal permitted activity in the CS Commercial Services zoning district. This criterion was met. The fourth criteria are that financial returns only shall not be a basis for granting a variance. No, financial returns are not the only basis for granting the variance, as always with any commercial activity, there are financial returns that are a consideration. This criteria was met. The fifth criteria are the alleged difficulty and hardship has not been created by any person having an interest in the property after the effective date of this Title. The alleged difficulty and hardship has not been created by the property owner, this lot has been in existence since 1937. This criterion was met. The sixth criteria is that granting the variance requested will not confer on the applicant any special privilege that is denied by this Title to other lands, structures, or buildings in the same districts. A variance itself is special privilege and any person or property owner could request a variance from this board, and yes, a 70 square foot sign is denied by the City of Springfield Sign Ordinance 11-808 (8) Commercial and Industrial District, (b) Pole Sign: (Amended by Ordinance 15-04) One square foot of sign area per two linear feet of lot frontage, up to a maximum of 150 square feet. The top of the sign shall not exceed 30 square feet in height and the base of the sign shall be at least 7 feet above the ground. What staff calculated was that the Fast Pace Medical Clinic would be allowed a 59 square foot pole sign. This criterion was not met. The seventh criterion is that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure. No, staff does not believe that an 11 square foot variance would be a minimum variance that would make possible the reasonable use of the land, building, or structure. This criterion was not met. The eighth criteria is that granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the area in which the property is located, No, the granting of the variance would not be detrimental to the public or injurious to other property or improvements, detrimental to the public. Staffs opinion is that this criterion was met. The ninth criteria is the proposed variance will not impair an adequate supply of light and air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values within the area. It is staff's opinion that the proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially diminish or impair property values within the area, will not increase the danger of fire, endanger the public safety. Staffs opinion is that this criterion was met. There are 6 out of 9 criteria met. 1. Approve the request 2. Disapprove the request 3. Postpone action on the request Staff recommendation was for disapproval. The motion to approve was made by Mr. Simmons and the second was made by Mr. Sweatt, the motion passed with a vote of 3 - 0. Mr. Simmons made the motion to adjourn at 5:45 p.m. and Mr. Sweatt seconds the motion. The meeting was adjourned by unanimous vote of 3 - 0. Buzzy Poole, Chairman Gina L Head, Secretary DATERECEIVED, 7/lt)dff!J CASE NUMBER: CITY OF SPRINGFIELD COMMUNITY DEVELOPMENT & PLANNING 405 N MAIN STREET P. 615-382-2200 F. 615-382-1612 APPLICATION FOR VARIANCE Name and address of roperty owner: .f -�U,WcfL t\o\�\{\uY L(( 'PD �Dx l�kr 0 f�tmy i\\� \4�hc}.,q f1---' 31011 Phone: ��AA1 \b F-Ev-1£ Name and address of authorized agen·t. (Attached w'rftten authorization statement): J I\ i\'\.t: f\S"" �t) L (J\/ Phone: Description of property, either by metes and bounds or subdivisions identification, including the Property Tax Plat Number, Parcel Number, and acreage. (Attach a scale drawing): jl:\), \A ; 091 B � a:18, 00 (:IAx \ke,of'J l\:ti:acw J) Description of Proposed zoning district change: Frnm: ---------------------------- NIA -- To: Written justification for requesting zoning district change or a variance (indicate how the property is to be used if rezoned and why a variance is needed): �� aQr����!/ tl.ot!�1}�� �1�� :c:��� j·l � � ¥1&. e) o n �: ±�:� l !Do' t-o : n_\la �!·ddi AppJ;cant's Signature � L i �, fPLAT CONTAINS' 0.386 ACRES NOTE: fJOIJNOARY INFORMATION TAKEN FROM THE DEED OF RECORD ON FILE /N COUNTY REGISTER'S OFFICE ROBERTSON COUNTY TENNESSEE. N(JTE: . THIS SUR�Y WAS PREPARED FROM CURRENT DEEDS OF RECORD AND DOES NOT REPRESENT A TITLE SEARCH OR A GUARli NTEE of TITLE. JHIS SURVEY IS SUBJECT TO ANY STA.TE OF FACTS A CURRENT AND ACCURATE TITLE SEARCH MAY OR WILL REVEAL. NOTE: THIS SURV{YOR HAS NOT PHYSICALLY LOCATED ANY UTILJTIES. UTILITIES, If SHOWN HEREON, ARE AS PER INFORMATION FURNISHED 8Y THE A!$$0CIATED UTILITY AUTHORITY AND ARE APPROXIMATE. THIS SURVf.YOR MAKES NO GUARANTEE THAT THE UTJL/TIES, IF SHOWN, COMPRISE L SUCH UTILITIES IN THE AREA, EITHcR IN SERVICE OR ABANDl; NED. 'fl-/£ SURVEYOR FURTHER DOES NOT WARRANT THAT Tl-!£ UT/LI. ES, IF SHOWN, HEREON ARE IN THE EXACT LOCATION INDICATED,'. THEREFORE, THE SIZE, TYPE, AVAILABILITY AND ACTUAL LOCATION OF ANY AND ALL UTILITIES SHOULD BE VERIFIED PRIOR TO 1,JAKING ANY DECISION RELATIVE TO THIS PROPERTY. MAP 91B "E:", PCL 49 T.A.O.R.C.T. MAP 918 "E:", PCL 57 T.A.O.R.C.T. 0.368 ACR[S MAP 91 B "E", PCL 58 T.A.O.R.C. T. MAP 91 B "£", PCL 47 T.O.A.R.C. T. CALL TABLE C0URS£ BEARING DISTANCE L-1 s 21 °4o·oo"w 1s.oo· 60 0 60 120 /80 EEi 1111111 I I j VARIANCE PLAT FOR GRAPHIC SCALE - FEET 2108 SOUTH MAIN STREET MAP 91B "E", PCL 48 T.A.O.R.C.T. SCALE DRAWN BY APPROVED DATE ANTHONY T. BOLLINGER, R.L.S'. ,. • 60' T.E.W. T.f:.w. 07/18/I 119 FISHER DRIVE 9TH CIVIL DISTRICT GREENBRIER, TENNESSEE 37073 615/218-0169 ROBERTSON COUNTY TENNESSEE DRAWING NO. 88MAIN MEMORANDUM 7-28-2017 To: Municipal Board of Zoning Appeals From: Gina L. Head: Ref: variance request Brewer Holdings, LLC is requesting a 1 ft. road frontage variance to allow for a duplex to be built at 2108 South Main Street. Staff Analysis: This property is in a R? Residential zone district. The standards for variances are on page 279 and 280 of the Springfield Zoning Ordinance. I The first criteria states that the_particula_r physical surroundings, shape, topographic conditions of the specific property involved that would result in a particular hardship upon the owner as distinguished from a mere inconvenience, if the strict application of this ordinance were carried out must be stated. The topographic conditions, shape or surroundings do not create a hardship for the proposed medical clinic; Staff believes that this criterion is not met. The second criteria are the conditions upon which the petition for a variance is based would not be applicable, generally, to other property within the same district. The conditions and the situation would be applicable to other property in the same district if the other property had the same situation. Staff believes that this criteria is met The third criteria are the variance will not authorize activities in a zone district other than those permitted by this Title. This is a R7 residential district, a duplex/dwelling two-family detached are a principal permitted use in this zone district. This criterion is met. The fourth criteria are that financial returns only shall not be a basis for granting a variance. No, financial returns are not the only basis for granting the variance, as always with any rental property activity, there are financial returns that are a consideration. This criteria is met. The fifth criteria is the alleged difficulty and hardship has not been created by any person having an interest in the property after the effective date of this Title. The alleged difficulty and hardship was not created by the proposed property owner, this is a lot of record. This criterion is met. The sixth criteria is that granting the variance requested will not confer on the applicant any special privilege that is denied by this Title to other lands, structures, or buildings in the same districts. A variance itself is special privilege and any person or property owner could request a variance from this board, and yes, the Jot frontage of 99 feet is against 11-501A Standards for New Duplex and Multi-Family Units and Conversions in Residential Areas. (a) Duplexes are allowed provided a site plan is prepared and approved by the Planning Commission. (b) A concrete or paved drive shall be provided and two paved or concrete parking spaced for each dwelling unit. Parking shall be located in the side or rear yard only. There shall be no parking in the front yard. All parking or the units shall be provided on site, there shall be no street parking. (c) Drainage shall be checked to see if the Storm Water Pollution requirements apply. Detention shall be provided if necessitated by slope or increased runoff due to impermeable surface area. (d) Each dwelling unit shall have a separate meter for all utilities. (e) The minimum lot frontage for a duplex shall be one and one half times the lot frontage for the district or 100 feet, whichever is greater. Buildings shall face the street and not be stacked behind each other. (f) All multifamily developments shall be required to prepare a site plan in accqrdance with Section 11-1303 of this Zoning Ordinance. Staff believes that this criterion is not met. This criterion is not tr]ef. , . · .,- The seventh criterion is that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure. Yes, a 1 foot variance would be a minimum variance that would make possible the reasonable use of the land, building, or structure. This criterion is met. The eighth criteria is that granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the area in which the property is located, No, the granting of the variance would not be detrimental to the public or injurious to other property or improvements, detrimental to the public. Staff's opinion is that this criterion is met. The ninth criteria is the proposed variance will not impair an adequate supply of light and air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values within the area. It is staff's opinion that the proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially diminish or impair property values within the area, will not increase the danger of fire, endanger the public safety. Staff's opinion is that this criterion is met. There are 7 out of the 9 criteria met. 1. Approve the request 2. Disapprove the request 3. Postpone action on the request Staff recommendation is for disapproval. 11-501A. Standards for New Duplex and Multi Family Units and Conversions in Residential Areas. ( a) Duplexes are allowed provided a site plan is prepared and approved by the Planning Commission. (b) A concrete or paved drive shall be provided and two paved or concrete parking spaced for each dwelling unit. Parking shall be located in the side or rear yard only. There shall be no parking in the front yard. All parking or the units shall be provided on site, there shall be no street parking. (c) Drainage shall be checked to see if the Storm Water Pollution requirements apply. Detention shall be provided if necessitated by slope or increased runoff due to impermeable surface area. (d) Each dwelling unit shall have a separate meter for all utilities. (e) The minimum lot frontage for a duplex shall be one and one half times the lot frontage for the district or 100 feet, whichever is greater. Buildings shall face the street and not be stacked behind each other. (f) All multi family developments shall be required to prepare a site plan in accordance with Section 11-1303 of this Zoning Ordinance.