Board of Zoning Appeals

Town Hall, May 9, 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, Planner Henry Laird, and Counsel Robert Notestine.  Applicant Elza and Ruby Jones and no other citizens.


Chair Haines opened the meeting at 7:03 p.m.


Commission Curtsinger led the Pledge of Allegiance.


Commissioner Aldred made a motion to approve the minutes from November 8, 2005, Commission Lawson seconded and this passed unanimously.


Chair Haines noted that there were no citizen’s comments and added that the applicants, Mr. and Mrs. Jones were in attendance.


Chair Haines then asked if the applicants would like to address the commission. Mr. Jones stated that he was the property owner at 6947 Nolensville Road and has been for approximately 50 years. He stated that currently a garden center is located at this address with an auto repair shop adjacent. Mr. Jones stated that Mr. Smith, the individual who is currently renting the landscape business from him, would like to expand his establishment. They feel that this will only enhance the area. Mr. Jones referred to Section C of the by-laws addressing traffic. It was noted that the garden center has been in this location for the past approximate six years. Mr. Jones stated that if this request is denied, they may lose the income from this property, due to the Smith’s seeking another location to meet their needs in regards to size.


Commissioner Lawson asked how long has it been since the garage operated there? Mr. Jones stated that approximately 45 days ago the lease was broken. Mr. Jones stated that they were not in compliance with the city, due to cars being painted at this location.


Commissioner Gardner inquired to the reason that this request was referred to the Board of Zoning Appeals. Planner Laird stated that Mr. Smith came to the town to request for an expansion. In reading the ordinance, staff is not allowed to grant permission for a change of use. He noted that previously Mr. Jones referred to the by-laws, although this should have been reference to Tennessee Code Annotated 13-7-208 C.


Commissioner Gardner asked if the variance is granted and the landscape company moves out, do they have to begin this process again. Counsel Notestine stated that they would.


Commissioner Gardner asked what is the current zoning? Mr. Laird stated that it is Suburban Residential (SR).


Commission Gardner asked if this would affect the interlocal agreement with Brentwood? Counsel Notestine stated that it is his opinion that this is a non-conforming use.


Commissioner Curtsinger asked what the landscaping business was considered under our zoning ordinance? He asked if it was classified as agriculture or retail? Mr. Laird was not sure of that classification.


Commissioner Gardner asked if a greenhouse would be at this location? Mr. Jones stated that he wasn’t sure if a green house would be constructed or not.


Commissioner Curtsinger asked if these are two separate lots, or are they one continuous lot on the deed? Mr. Jones stated that there is only one deed, but the property taxes are paid separately. Counsel Notestine stated that there is no issue if it is one lot.


Commissioner Curtsinger stated that the issue is the non-conforming use and will it have come back for site plan approval. Mr. Laird stated that Mr. Smith should apply for a site plan by this Thursday. Commissioner Curtsinger stated that the applicant must be made aware of the correct process.


Commissioner Lawson made a motion to approve this variance, Commissioner Aldred seconded.


Commissioner Haines made a motion to amend, noting approval of this variance under the section of 9.2.4 D of the zoning ordinance, Commissioner Aldred seconded. Commissioner Curtsinger inquired to counsel to verify that a reason must be noted. Counsel Notestine stated that state law requires a reason to be given. This was passed unanimously.


Commissioner Gardner made a motion to amend, noting that approval be given with the condition that a site plan must be submitted and approved by staff or planning commission, Commissioner Aldred seconded. This was passed unanimously.


The vote was then taken for the approval of this variance as amended and passed unanimously.


The meeting adjourned at 7:25.


Respectfully submitted,




Cindy Lancaster

Town Recorder