Nolensville Board of Zoning Appeals
Nolensville Town Hall
October 12th, 2017 7:00 p.m.
Members Present: Tommy Dugger, Joan Lawler, and Arthur “Trey” Gay
Members Absent: Mike Donaho and Wade Wakefield
Staff Present: Attorney Bob Notestine, Town Engineer Don Swartz & Codes Assistant Cristin Webb
1. CALL MEETING TO ORDER
The meeting was called to order at 7:00 p.m. by Chairperson Joan Lawler.
2. PLEDGE OF ALLEGIANCE
Chairperson Joan Lawler led the pledge of allegiance.
3. APPROVAL OF MINUTES
Tommy Dugger moved to approve minutes from the 9/14/17 BZA meeting and Arthur “Trey” Gay seconded the motion. The motion passed unanimously.
No announcements were made.
5. NEW BUSINESS
Joan Lawler began the meeting by describing briefly the two variance requests for the Providence Baptist Church. Joan introduced the first as the front yard setback and the second as an impervious surface ratio. Joan Lawler introduced Don Swartz, Town Engineer who spoke on behalf of the church.
Don Swartz began by explaining why the Town is requesting the variances on behalf of the church. He explained that two factors are at play in this situation. The first is that the church has a multi-phase development plan which Don Swartz said he brought with him. Coupled with that are the Town’s plans to widen Sunset Road and the acquisition of additional rights of way to realize those plans.
Don Swartz directed the board to the digital image illustrating the minimum building set back line of seventy five feet from the right of way reservation that the church provided. Don Swartz explained that unfortunately the right of way reservation will not be sufficient to get the repair work done on Sunset Road. Don Swartz further explained that the Town must move north a little bit in this area and therefore would need additional rights of way that were not anticipated at the time the church came before the Town at their first site development plan meeting.
Mr. Swartz explained that Providence Baptist Church initially proposed a third phase of their campus development and so with the widening of Sunset Road the Town will take anywhere from eight to twelve feet.
Don Swartz explained that this will put us into the very corner of their building. When the Town approached the church about acquiring an additional eight to twelve feet, the church was concerned that they might be boxing themselves in with a setback violation. Consequently the church was worried about realizing their third phase of development.
Mr. Swartz stated that the church would therefore be willing to continue with the acquisition of right of way and their third phase if we could guarantee that they could realize their third step.
Don Swartz explained that the only guarantee would be if this Board granted them a variance request so that is the first request on the agenda for this evening. The church was asking to go to a sixty foot setback because the Town may only need ten feet but they may need twelve. That is why we are asking for fifteen feet to be safe.
Don Swartz explained that the other aspect of all of this is that when the Town does make a right of way it will encroach into the green space of the church. The church is already very close to their ISR of 50%.
Don Swartz explained that we the Town on behalf of the church was looking at a variance request of 5% this evening. Don Swartz explained that he had the roadway plans if anyone needed to see them.
Don Swartz mentioned that the Town has done something similar to this in the past with Haley Industrial Park. The Town needed an easement to locate a storm sewer through a lot and in doing so the owner or developer built a sewer outside the plans. In exchange for allowing him to have a side yard set back in order to get a building in, the Town received the easement.
Don Swartz further explained that these two equitable variance requests off set Providence Baptist Church completing the third phase of their development plan.
Tommy Dugger asked Don Swartz if this was the right of way reservation the school acquired when they put the school in for the turning. Don Swartz answered, “No a right of way is on the south side of the road and they also have a right of way in front of the school.” “This is something that the church gave us when they applied for their site plan.”
Joan Lawler asked the Brown family if they had any questions.
Tommy Dugger added that he wanted to disclose that he is a member of Providence Baptist Church.
Bob Notestine said that no it is not a problem.
Bob Notestine said he also wanted to disclose that he has worked with the Brown family in a legal relationship. Don Swartz added that in a small community people are often connected somehow.
Arthur “Trey” Gay asked about the rock wall near Sunset Park that was built many years ago. Will it be affected in this project?
Don Swartz said it would be difficult to answer because that is a separate issue.
Arthur “Trey” Gay added that should something like that happen we must make a point to talk about the rock wall as we proceed with right of way negotiation.
Don Swartz explained that the Town and the appraiser will go and do the negotiation on the right of way. The Town has been accommodating in the past on Rocky Fork road. The Town will compensate property owners and are agreeable as part of this process.
Ron Brown, 1670 Sunset Road, came to the podium and introduced himself. Ron Brown said that his neighbor across the street offered to give him some land but it’s on the south side. Ron Brown asked what process does is in place to make that request.
Don Swartz explained that the process is not quite that simple because the renovation project cannot be stair stepping north and south due to the roadway condition. The roadway must be designed as an integral unit and due to the roadway condition and conflicts with the utility district the Town had to move part of our renovation process to the north side.
Joan Lawler asked Don Swartz if there is a formal process for Ron Brown? Don Swartz answered that yes, as Ron Brown deals with Ms. Rhemann he does not have to sell his land until he is completely satisfied.
Joan Lawler added that a five percent variance seems minimal because what else can be done with the right of way and she said she is happy to grant that right of way.
Don Swartz asked Bob Notestine about the third phase in the right of way since it was approved by the town. Don asked, does the church have a vested right and then the Town could be held for liable damages? Bob Notestine said that since it is an active site plan and since ground is broken they would indeed have a vested right but he would research the issue.
Tommy Dugger moved for approval of both variances and Arthur “Trey” Gay seconded the motion.
The motion was approved unanimously.
6. OTHER BUSINESS
Since there was no other business Joan Lawler asked about adjournment. Tommy made a motion for adjournment and Wade Wakefield seconded the motion. All voted in favor.
The meeting adjourned at 7:12 PM.
Minutes taken by Cristin Webb.