Board of Zoning Appeals

Town Hall, October 10, 2006, 7:00 p.m.

Members present were Chair Bob Haines, Pat Aldred, Joe Curtsinger, Larry Gardner and Charles Lawson.  Staff present was Recorder Cindy Lancaster, Engineer Rich Woodroof and Counsel Robert J. Notestine.  Applicant Tony Lopacinski was in attendance.


Chair Haines opened the meeting at 7:03 p.m. and led the Pledge of Allegiance.

Commissioner Lawson made a motion to approve the minutes from September 12, 2006, Commissioner Gardner seconded and this passed unanimously.

Chair Haines noted that there were no citizen’s comments and then asked if the applicant would like to address the commission.

Mr. Tony Lopancinski identified himself as the property owner.  He stated that his wife had completed the application.

Engineer Woodroof stated that Mr. Lopacinski noted that the applicant at 2082 Delaware Drive in Winterset Woods would like to build a deck on rear of the house.  The builder built the home too close to the set back lines.  The rear property is a large open space and a buffer zone is on the south west side of the property line.  The deck will encroach approximately ten feet on the rear making the rear set back, twenty feet from the open space.

Engineer Woodroof noted the difference and restrictions between the Bent Creek Subdivision and Ballenger Farm Subdivision.  He stated that Bent Creek has 15-foot setbacks with Ballenger Farms having 20-foot setbacks.  He feels there is a difference of approximate ten feet in the county regulations versus the Town of Nolensville.

Commissioner Aldred stated that if this board is going to continually give a variance for this issued, the zoning ordinance should be revised to reflect this change.  Engineer Woodroof stated that this house is unique, due to this home being the only constructed in that development with a basement.  He stated that he is not saying that this will not open up request of this nature for the future, but the ten-foot play is area that could be built on.

Mr. Lopancinski stated that lot is on a dead end.  It will eventually go through to Bennington Subdivision.  It is open space and there will not be any building behind his home.

Commissioner Curtsinger asked him what his understanding was when he purchased the home.

Mr. Lopancinski stated that the first knowledge that he had of this situation, was when he performed the walk through the door was dead bolted and had no deck.

Engineer Woodroof stated that on February 14, 2005 the permit was pulled.  On August 1, 2006 it was determined that the town’s code was different than the county’s code.

Commissioner Curtsinger stated that his concern is that Pulte was aware of this issue.  They are coming back after they were granted a variance previously with a similar situation.

Engineer Woodroof verified the dates again for the board.

Commissioner Gardner stated that he felt they knew this and passed this situation off to the homeowner.  Commissioner Curtsinger stated that he felt this problem appears to present itself again.

Mr. Lopancinski stated that he did the walk through in August.  At that time he was told they we needed to go before this body.

Commissioner Gardner asked if this variance were granted, who would construct the deck.  Mr. Lopancinski stated that Pulte would be doing the construction.  Commissioner Curtsinger asked if it is not granted what are his intentions.  Mr. Lopancinski stated that he would be forced to hire a lawyer.

Commissioner Lawson pointed to sections 5.6.2, 9.2.4. (A), 9.2.4(D).  He suggested to staff to write a letter to the builders informing them of our regulations.

There was extensive discussion on the builder’s obligation in addition to the issue of this development being approved under the county code.

Commissioner Gardner made a motion to approve this variance to allow a 10 X 16 deck to be built with steps to lead off the side and the deck cannot be more than 10 foot.  Commissioner Lawson seconded and this was approved unanimously.  The vote was then taken on the variance as amended.  This passed unanimously.

Commissioner Curtsinger reiterated that this is a serious issue that needs to go before the Planning Commission.  He stated that Engineer Woodroof needs to notify Pulte Homes of this issue also.  He stated that when the permit was pulled on February 14, it was inside the city limits at that time.

The meeting adjourned at 7:36 p.m.

Respectfully submitted,

Cindy Lancaster

Town Recorder