Board of Zoning Appeals

Nolensville Town Hall

August 13, 2009- 7:00 p.m.

Members present were: Chair Bob Haines, Tommy Dugger, Charles Lawson, Ken Norman and Brian Truman. 

Staff present was Attorney Robert Notestine, Town Planner Henry Laird, Town Building Official Michael Blanks and Judy Simerson, Permit Specialist.  

Applicants present:  Matt Happel representing William Tisano; Alfred and Evelyn Bennett representing themselves, and Joel Parks and Adam Leibowitz representing Alta Constructors, LLC.  Four (4) citizens were also present. 

Chair Haines called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance.  
Announcements:  Chair Haines 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 Lawson, seconded by Commissioner Norman, to approve the minutes of June 11, 2009. The minutes were unanimously approved by acclamation, with Commissioner Dugger abstaining.
New Business
Request for Variances for Greystone Plaza Resubdivision Plat for Town Center/Town Hall Project  Mr. Matt Happel stated he was present to represent this project for Tisano Nolensville, LLC.  Mr. Laird stated the applicant, Tisano Nolensville, LLC, is requesting a variance on the rear and side yard setbacks.  The proposed plans for this project include new buildings on Lot F, where the former grocery store was located, and also for a new restaurant and new façade improvements on all buildings.  Lot G will be sold to the Town of Nolensville for constructing the new town hall building.   The lots are in the CS zoning district where setbacks are 20’ rear and 5’ side yards.  The plans, approved by the Planning Commission and the Board of Mayor and Aldermen, are for building new two-story buildings on Lots F and G that will meet at the common lot lines.  This proposal is part of an integrated commercial and office development plan and zero lot line development that will allow a better use of the site and allow for improved parking, access and landscaping of the site, particularly for the town hall site on Lot G.  There will be no detrimental harm to the public welfare and it will not impair the intent and purpose of the zoning ordinance; no effect on adjacent properties will result from the granting of the variances.  Staff recommends that the variances be allowed in order to facilitate the project.  

Request for Variances for Greystone Plaza Resubdivision Plat for Town Center/Town Hall Project – Cont’d  Mr. Happel stated this was the final step in moving forward with this project.  Chair Haines opened the public hearing for citizen comments.  After there were no requests to speak, the public hearing was closed.  Commissioner Dugger stated for clarification purposes, the application does not state Lots F and G.  However, in staff’s comments, both lots were mentioned.  He asked if the request for the variances was for Lots F and G.  Mr. Happel stated yes, and it was specified on the drawing attached to the application.  It would be for the west, north and east sides.  He stated staff had requested that it be shown on the plat.    A motion was made by Mr. Truman, and seconded by Mr. Norman, for approval for the variances.  Commissioner Dugger asked if the variance was for Lots F and G.  Mr. Happel stated it was Lots F and G since the buildings are back to back.  Commissioner Dugger stated that is not what the lines are pointed to for the variance.  Mr. Happel stated it points to the lines that are shared property lines for the new buildings to be built.  Commissioner Dugger stated Lot G does not point to the east and west property lines.  Mr. Happel stated not the furthermost east and west, but where it does come in and around the building it does.  Commissioner Dugger stated it does affect the north side of old Piggly Wiggly building for a variance at this time.  Mr. Happel stated that was the way he interpreted it.  Commissioner Dugger stated on the plan, the line does not point to anything on Lot F.  Mr. Happel stated it was a shared line, because it is a zero setback.  Counsel Notestine stated when it was a zero lot line, the line was shared.  Mr. Happel took a highlighter and highlighted the area on the variance request.    Chair Haines stated the vote would be to approve this decision for the variance under Article 9.24.D.  The motion passed unanimously.  Request for Variance to Relocate McCord-Nolen House to Bennett’s Lot at 7269 Nolensville Road  Mrs. Bennett presented some photos of the McCord-Nolen House and the proposed route to move the house.  She stated they anticipated putting the house on piers for a foundation after it is moved to raise the elevation and put it on solid ground.  It is planned to put a roof on the house before winter, because it is in great need of repair.  The elevation in front of the house will be brought up to be level with the house.  

Request for Variance to Relocate McCord-Nolen House to Bennett’s Lot at 7269 Nolensville Road – Cont’d  Mr. Laird stated the Historic Zoning Commission met last month, and they approved a certificate of appropriateness for moving the house to this site.  Staff recommends approval of this variance, since such a variance would not have any detrimental effect upon adjacent properties or other properties in the Village/Historic District Overlay district.  This is accordance with Article 9.24.D.   The setback will be more in line with the dental office.    Mrs. Bennett stated part of the house is a 2-story log cabin built by William Nolen.  She stated she hoped in the future it could become a museum to preserve the early history of Nolensville.  Chair Haines opened the public hearing for citizen comments.  After there were no requests to speak, the public hearing was closed.  In answer to a question from Commissioner Lawson about graves located on this property, Mr. McCord stated he has never heard of that in his lifetime.  Commissioner Dugger stated graves should have not have an impact on moving the house.  However, it is required to be reported if graves are found when work is done.  Mr. Bennett discussed some of the dreams that they have for the house in the restoration and furnishings to reflect the time period of the late 1700s and the history of the Town of Nolensville.  Mrs. Bennett stated they hope to receive a historical marker for the home.  Motion by Mr. Dugger, seconded by Mr. Truman, to approve the variance to the conditions and staff recommendations under Article 9.24.D.  The motion passed unanimously. 

Request for Variance for 4620 Sawmill Place – Home Under Construction
Mr. Joel Parks stated he and Adam Leibowitz were present to represent Alta Constructors, LLC.
Mr. Blanks stated this was a request from Joel Park with Alta Constructors, LLC for a variance for the front façade setback for the property at 4620 Sawmill Place, Lot 5115, in the Bent Creek Subdivision.  This structure has been sitting since August, 2008 without any inspections.  In March, 2008, the owner at this location was sent a letter to cease work immediately, and a stop work order was issued on the property.  
The variance requested is strictly visual, and nothing is being requested for structural reasons. The zoning ordinance requires a minimum of a three foot setback from front facades for garages facing the street.  The original builder built the home with the garage set in front of the front porch, instead of behind the porch as required per the PUD.
Staff recommends approval since there is no detrimental harm to the public welfare of the community or adjacent property owners in regard to property values.  Chair Haines opened the public hearing for citizen comments.  

Mr. Mike Moehlmann stated he lived next door to the property, and he was not opposed to the variance.  He stated he has no backyard, because the backyard of 4620 Sawmill Place has washed over onto his property.  He stated he wanted to know what was going to be done about his property, since the other property was three feet higher than his property and it would continue to affect his property adversely.  He stated he had been a good citizen and wanted assurances that this would be corrected.
Mr. Blanks stated this problem would be corrected and the property at 4620 Sawmill Place would be cleaned up before the Certificate of Occupancy is given to the owner.  The property would be graded again, and the flow of water would be dispersed and slowed down so that no further erosion would occur to Mr. Moehlmann’s property.
Mr. Parks stated his company would come in on behalf of Reliant Bank, the current owner, to finish the construction on this property.  The lot was overgrown with very high weeds, and that has been corrected.  All the dirt on the property will be turned over to get rid of the roots, and final grade dirt will be brought onto the property.  The silt fence will be installed correctly.  The full backyard will have sod established which should help with the flow of water.  
Mr. Moehlmann asked about the condition of his backyard, and Mr. Blanks stated his property would be cleaned up.  He stated he would revisit the site and make an inspection, and all issues would be addressed and corrected.
Counsel Notestine stated a condition for this issue could be made with the motion for approval. 
Commissioner Norman stated for the record that he is a neighbor of Mr. Moehlmann’s, and he the down slope erosion has definitely been a problem on this property for a long time.  
Counsel Notestine stated that Commissioner Norman’s vote would not be a conflict of interest.
Commissioner Truman stated for the record that he did not live next to the property, but he is president of the Bent Creek Subdivision Homeowners Association.  Counsel Notestine stated that would not be a conflict of interest either.
Regarding the installation of additional sod materials, Mr. Parks stated the bank is ready to get this matter resolved.  He stated he would have to get permission for the additional installation of sod, but did not anticipate that being a problem.
Chair Haines asked for Mr. Moehlmann’s address, and he stated it was 4616 Sawmill.
Motion by Mr. Norman, seconded by Mr. Dugger, to approve the variance request with the condition that the circumstances of remedying the problems for Mark Moehlmann’s property at 4616 Sawmill, and that remedying be part of the issuing of the Certificate of Occupancy.    
For clarification, Alderman Dugger asked if Mr. Blanks deemed additional sod materials would be necessary, then the Certificate of Occupancy would not be issued until that occurred.  If that is what is necessary to remedy the situation, Commissioner Norman stated that was correct. 
The motion passed unanimously.
Adjournment:  Commissioner Dugger made a motion to adjourn, and Commissioner Norman seconded the motion.  The meeting was adjourned by acclamation at 7:40 p.m.