Board of Zoning Appeals

Town Hall, April 12, 2007, 7:00 p.m.


Members present were Vice-Chair Pat Aldred, Tommy Dugger, Charles Lawson, and Brian Truman. Members absent were Chairman Bob Haines. Staff present was Recorder Cindy Lancaster, Building Official Michael Blanks and Town Attorney Robert Notestine. Applicants Mr. Ken Kelley, property owner of 7149 Nolensville Road, Mr. John Wishard, 2211 Rolling Hills Drive. Four citizens were present.


Vice-Chair Aldred opened the meeting at 7:00 p.m. and led the Pledge of Allegiance. She then reminded the audience that all cell phones be turned off.


Commissioner Dugger made a motion to approve the minutes from March 27, 2007, Commissioner Lawson seconded, and the minutes were approved unanimously.




There were no announcements.


Citizen’s comments:


Mr. Gardner Jones, 700 Cromwell Court, stated that he was in attendance on behalf of Mr. John Wishard. He stated that his home is the closest to the structure and he has no problem with this construction.


New business:


Mr. Ken Kelley, applicant of 7149 Nolensville Road, is requesting a variance for buffering requirements, on parking lot lighting, sidewalk and landscape buffer. Mr. Kelley noted that he was here for any questions the board may need answered. He noted that since his rezoning he sits nine feet from property line. He stated that in regards to the lighting, the parking is adjacent to the building. This will be an office complex and will not be open at night.


Building Official, Michael Blanks stated that the Planning Commission did approve the site plan, but it is contingent upon obtaining BZA approval. Mr. Blanks stated that the town is in the process of changing the Zoning Ordinance which will allow the Planning Commission to make these types of decisions. He noted that staff does not have a problem with this request.


Commissioner Lawson stated one item that was discussed in the Planning Commission was sidewalks. He stated that he did not believe the road was paved, but may be in the near future. He noted that some obtain the right of way by measuring from the center of the road. He stated that if a sidewalk is constructed at the requested location, it may not be in the proper place. Mr. Kelley stated that he would fulfill this obligation.


Commissioner Dugger stated that he currently leases office space from Mr. Kelley at this location and wishes to recuse himself from the vote on the variance request.


Commissioner Lawson made a motion to approve the variance, Commissioner Truman seconded. The variance was approved by majority with Vice-Chair Aldred, Commissioner Lawson, and Truman for, and Commissioner Dugger recused.


Counsel Notestine stated for clarification the application states the reasons for this request and this Board may wish to note that.  


Commissioner Truman restated approval based on the conditions that are within the application.


Mr. John Wishard submitted an application for a variance at 2211 Rolling Hills Drive to construct a carport to extend 22 feet by 35 feet which will be one foot three inches outside of the building envelope. Mr. Wishard noted that he has resided at this location since 1991. He would like to request to build a carport adjacent to his home.  Mr. Wishard had submitted pictures indicating the location of the structure. The measurements are outlined in his application which shows one foot three inches on one side and three feet on the other side that would be outside the building envelope. He noted that this will not affect the drainage. He stated that he has discussed this with his neighbors and has their blessing. He noted that Mr. Knight and Mr. Gardner were in attendance this evening for support of this request.


Vice-Chair Aldred inquired to Mr. Wishard if he had contacted the homeowners association in regards to this request? He stated that he had not. She noted that she could not get in touch with this association for their comments. Vice-Chair Aldred stated that the carports she has viewed throughout the neighborhood are behind the house.  She read a portion of the zoning ordinance that addressed the Urban Residential zoning.


Mr. Blanks noted that staff does not view it the way it was implied. He noted there is large tree buffering between his neighbor and the carport. He stated that staff does not have a problem with this request at all.


Mr. Wishard stated that he had the contractor’s proposal. He read various aspects of the planned construction which included matching the current roofing, soffit and facing. He noted that the end gable will have matching siding. He read various other items that would be on the carport.


Commissioner Truman stated that Vice-Chair Aldred’s question was a question that he had considered. Commissioner Dugger noted that covenants were not an issue with the request made tonight.


Commissioner Dugger made a motion to approve, stating that due to the adequate buffering and infringement being so small, Commissioner Lawson seconded. Commissioner Lawson noted that the applicant must get a building permit.  The vote was taken and the variance request was unanimously approved.


The meeting adjourned by acclamation at 7:23 p.m.


Respectfully submitted,




Cindy Lancaster

Town Recorder