Board of Zoning Appeals

Nolensville Town Hall

June 10, 2010 - 7:00 p.m.

Members present were: Vice Chair Ken Norman, Tommy Dugger, Ron Randell and Ken Rucker.  Member Brian Truman was absent. Staff present was Attorney Robert Notestine, Town Engineer Don Swartz and Judy Simerson, Permit Specialist.

 Applicants present:     Jim McCandless, Keith McCord and Tim Turner

Two citizens were present – Rev. and Mrs. Alfred Bennett

 Vice Chair Norman called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance. 


Vice Chair Norman asked that all cell phones be placed on vibrate and then went over the procedures of the meeting.  He also explained the function, powers and duties of the Board of Zoning Appeals. 

Approval of Minutes

A motion was made by Commissioner Rucker, seconded by Commissioner Dugger, to approve the minutes of May 13, 2010. The minutes were unanimously approved by acclamation.

Election of Officers

Vice Chair Norman moved this item for discussion to Other Business.

Request for Variance Setback for the McCord-Nolen Commercial/Office Development

Mr. Swartz stated this was a request by the developers of the McCord-Nolen commercial development.  Section 2.24 of the Nolensville Zoning Ordinance requires that these buildings be set back within a range of 5 feet to 15 feet from the right-of-way, and the applicants are asking for a variance. The Planning Commission approved this site development two nights ago with one of the conditions being that the developers obtain a favorable variance from this Board.

Vice Chair Norman asked if there were any comments from citizens.  There were none.

Tim Turner stated he was with TSquare Engineering and was the civil engineer for this project.  He presented a map of the project and explained the requirements for the setbacks and the buffer area.  He stated they did not want to block the McCord-Nolen Historic home that is adjacent to their property.  The request is for the front building setback to line up the new building with the existing buildings.

Mr. Turner stated the 3-4 foot retaining wall is due to the parking lot being right up against the buffer area, and the parking lot must be elevated due to the flood plain.

Request for Variance Setback for the McCord-Nolen Commercial/Office Development – Cont’d

Mr. Turner stated the request would be for a 37’ variance.  It cannot be any closer than 40 feet because of the utility easement.  Mr. Swartz stated the easement was not 40 feet back.  It is a 40-foot wide easement.  Mr. Turner stated if they went up right against the utility easement, then they would be sitting back 22 feet and outside of the regulations.

A motion was made by Commissioner Dugger, seconded by Commissioner Rucker, that due to the uniqueness of the lot and the characteristics of the utility easements that a variance is granted for Building 1, in accordance with the site plan presented to the Planning Commission.  The motion passed unanimously.

Election of Officers

A motion was made by Commissioner Dugger, seconded by Commissioner Norman, to nominate Ken Norman as Chair, Ken Rucker as Vice Chair and Ron Randell as Secretary.  The motion passed unanimously.

Chair Norman stated Board member Brian Truman has notified the town that he will no longer be able to serve on this Board due to travel constraints.


A motion was made by Commissioner Dugger, seconded by Mr. Rucker, to adjourn the meeting.  The motion passed unanimously, and the meeting was adjourned at 7:12 p.m.

 Respectfully submitted,

Judy Simerson, Permit Specialist




            Ken Norman, Chair