Board of Zoning Appeals

Town Hall, May 10, 2007, 7:00 p.m.


Members present were Chair Bob Haines, Pat Aldred, Tommy Dugger, and Charles Lawson. Members absent were Chairman Brian Truman. Staff present was Recorder Cindy Lancaster, Building Official Michael Blanks and Town Attorney Robert Notestine. Applicants Mr. and Mrs. John and Terry Randow, property owner of 9940 Maxwell Lane, Mr. Haemmerlein, owner of Sunset Parks. Three citizens were present.


Chair Haines opened the meeting at 7:00 p.m. and led the Pledge of Allegiance.


Commissioner Dugger made a motion to approve the minutes from April 12, 2007, Commissioner Aldred seconded. Commissioner Lawson amended the minutes on page one. The minutes should reflect widened instead of pave. The minutes were unanimously approved as amended.




There were no announcements.


Citizen’s comments:


There were no citizen’s comments.


New business:


Mr. John Randow, and wife Terry, owner of 9940 Maxwell Lane is asking for a variance to add a mother’s apartment which will increase the existing square footage 572 square feet.


Commissioner Aldred made a motion to approve the variance, Commissioner Lawson seconded. Commissioner Dugger noted for clarification, the applicant is requesting a variance from Section 2.2.2 permitted with conditions and Section 2.3.1. D uses permitted with conditions. He noted that it states it shall be no larger than 600 square feet and they are requesting a total of 1,167 square feet.


Mr. Randow stated that this is for his elderly mother. He stated that once it is no longer needed it will then be turned into a dining area.


Commissioner Dugger said that permitted with conditions requires an additional parking area. Mr. Randow stated that they currently have an area for approximately 5 cars. He noted that the home is 310 feet from the road. Commissioner Dugger stated that would comply would 2.3.3. G, of the ordinance.


Counsel Notestine stated that this would meet the criteria to grant a variance. With no further questions the vote was taken with a unanimous vote to grant the variance request.


Counsel Notestine advised the applicant that the next step would be to obtain a building permit.


Due to the applicant being late the board recessed at 7:16.


The Board reconvened at 7:18.


A variance request was made to allow construction of two model homes prior to final plat submittal. Mr. Rob Haemmerlein, owner of Sunset Park (Tennessee Valley Homes) is asking for a variance to allow two model homes to be built in Sunset Park at the entrance of the subdivision. This would eliminate the need for a sales trailer. The final Plat has not been recorded.


Mr. Justin Franks, representing Sunset Properties, noted he was representing his company and Tennessee Valley Homes (his brother). The request is to build two homes and final plat is to be presented at the June Planning Commission meeting. He noted that there have been incredible time delays with Metro Sewer. Britain Downs and his development have been working together in exploring an alternate route for the sewer. He stated that due to this they had to acquire nine easements and this was a huge challenge. Everyone came on board and we are trying to recap some time and begin selling some homes. Mr. Franks stated that in lieu of putting up sales trailers, they would like to build a couple of model homes and get a 60 day jump. He stated that they can build the house in about three months and can utilize these versus trailers.


Commissioner Lawson asked if any streets were paved. Mr. Franks stated that currently they are not paved. He noted that some places will allow this. They call this prairie building. He noted that the risk is building the house in the wrong spot and then having to redo the roads.  He noted that his engineering is 100% and will sign a letter to protect the town.


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


Michael Blanks stated that they have assured us that they will provide access for fire and police. They will not be isolated. Commissioner Aldred asked if they would be building on the first two lots. Mr. Franks stated that was correct.


Counsel Notestine noted that this is not unprecedented. He stated that he thought Bent Creek may have done this. He noted there was a condition that the home could not be occupied.


Chair Bob Haines stated he would like two things. The first is that if for any reason these homes have to be torn down that there be is some form of bond.  The second would be to obtain a survey so that it is not discovered later the home is a foot off.


Mr. Blanks noted that the Codes Department requires both of these, prior to signing off.


Commissioner Aldred made a motion to amend to approve to include two letters, Sunset Parks letter dated April 17, to include paragraph a, b, c, and d, and a letter from Mr. Robert Haemmerlein and Mr. Justin Franks assuring compliance. Commissioner Lawson seconded the amendment. The vote was taken and this request was approved as amended.


The meeting adjourned by acclamation at 7:31 p.m.


Respectfully submitted,




Cindy Lancaster

Town Recorder