Board of Zoning Appeals
Nolensville Elementary School, July 12, 2007, 7:00 p.m.
Members present were Chair Bob Haines, Members Tommy Dugger, Charles Lawson and Brian Truman. Members absent were Ken Norman. Staff present was Recorder Cindy Lancaster, Building Official Michael Blanks and Town Attorney Robert Notestine. Applicants Mr. Christopher Kleczvnski, property owner of 3324 Redmon Hill and Mr. Eric Pasalakis, property owner of 521 Dante Ranch Lane, and nine citizens were in attendance.
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 May 10, 2007, noting that the minutes should reflect “Commissioner” Truman was absent not Chair. Commissioner Truman seconded. The minutes were unanimously approved as amended.
Chair Haines asked that all cell phones be placed on vibrate and then went over the procedures of the meeting.
There were no citizen’s comments.
Chair Haines noted that the first order of business was an application for 3325 Redmon Hill. He asked the applicant if he would like to address the Board.
Mr. Christopher Kleczvnski, of 3325 Redmon Hill, stated that he is requesting a variance to build a 9’10” X 20’5” deck, which is outside of the building envelope by 9’7”. He noted the deck would be 5’5” from the property line and 20’ from the park behind his residence.
Mr. Michael Blanks stated that staff’s recommendation was for approval due to location of the pocket park.
Chair Haines asked if there were any further comments from the audience.
Alderman Joe Curtsinger, asked to speak noting this request had come before the board twice and has been denied each time with one being due to lack of a second. He stated that this violates the Codes of the Town in addition to the Homeowners Association’s Covenants that was approved by the Nolensville Planning Commission. He presented a copy of the Covenants for the Board’s review. Alderman Curtsinger stated that besides the fact that the Homeowners Association is Cates and Kottas until it is 80% occupied. Alderman Curtsinger then read segments of the Covenants. He stated that the next request the applicant will make is to build a roof over the deck. He stated that the Homeowners Association has not approved this. He noted that fences are permitted, but landscaping is specific.
Mr. Blanks clarified stating that the Town cannot enforce Homeowner Association Covenants.
Counsel Notestine noted that the Building Official is correct. He noted the Town is governed by its Codes and the Homeowners Association Covenants are a legal agreement between the homeowner and the Homeowner Association, not the Town.
Mr. Kleczvnski stated that he has permission from the Homeowners Association and did not feel that he needed to bring this document, although if this board would like a copy he would provide it.
Mr. Larry Gardner from the audience stated that the Town has to abide by its Code. The Code states that if an application is turned down it must go to Chancery Court. He noted that Counsel stated in the December meeting that the applicant must go to Chancery Court.
Counsel Notestine stated that this Board must determine if it is a different application and then it would be dealt with at that level.
Alderman Curtsinger stated that this issue is before the Board of Mayor and Aldermen to change the language. He stated that he has a problem with staff not enforcing the rules.
Chair Haines closed the public comment portion of the meeting and asked Mr. Kleczvnski if changes had been made since the last application. Mr. Klecznski stated that initially he did not obtain a building permit. He received a letter from Mr. Swartz and since then he has removed the structure. He noted that the main portion of the deck could not be altered due to the location of the spa. He stated that he had removed some boards to reduce the size of the deck and noted the patio is about 10 X 25. He stated this is a new application with a different deck size.
Commissioner Dugger said that the applicants last request was for a 10’X20’ deck and this request is lowered by 2 feet. Commissioner Dugger asked for clarification on a drawing. Mr. Kleczvnski noted that this was additional stairs in order to accommodate the landing to the deck. He noted that this request is for safety.
Commissioner Dugger stated that his concern was the pocket park adjacent to the applicant’s property. Mr. Kleczvnski stated that was his purpose for obtaining a petition from the neighborhood (that was submitted to the board) and a map showing the location of the residence. He stated that he has made a diligent effort to notify the neighbors of the construction of the deck. He noted that there is plenty of space behind him to accommodate this deck.
Commissioner Truman noted that he shared these same concerns. He noted that in a pocket park kids run and play, push and jump. Commissioner Dugger stated that there was a couple of swing sets with the closest rock being about 12 feet away from the new deck.
Commissioner Lawson said that he had reviewed the property and the property is sloped and is not comfortable to walk on. He noted that the slope continues about 3 feet from his property line. He stated that the developer narrowed it down for a sidewalk and this extends pass the applicants property line about 8 feet. Chair Haines asked if he felt that there was enough room from the property line to the park. Commissioner Lawson stated that a vehicle could not get up there.
Commissioner Lawson made a motion to approve this variance request; Commissioner Truman seconded this motion stating after he reviewed the property today he was in agreement. Commissioner Dugger stated that his only concern was the closeness. The vote was then taken and was approved by majority with Chair Haines, Commissioners Truman and Lawson for, Commissioner Dugger against.
Mr. Eric Pasalakis, 521 Dante Ranch Lane, is requesting a variance to build a deck outside the building envelope. Mr. Pasalakis stated that he wanted to build a 10 X 19 foot deck. He noted that it will exceed the building envelope by 7’2” X 19’.
Mr. Michael Blanks stated that staff’s recommendation was for approval due to open space in the back yard.
The applicant stated that he was at the far end of the subdivision and no one can get behind his home. Chair Haines clarified the dimension of 10 feet by 19 feet.
Commissioner Truman stated that he had surveyed the property and there is plenty of ground behind the home. He further stated that it is not going to be where neighbors in the back would see.
Chair Haines made motion to approve, Commissioner Truman seconded. Commissioner Dugger stated that unlike the other case, this is different and unique and he can support this request. The vote was then taken and this was approved unanimously.
Commissioner Dugger made motion to adjourn, Commissioner Truman seconded and the meeting adjourned by acclamation at 7:41 p.m.