Board of Zoning Appeals

Nolensville Town Hall 

October 8, 2009- 7:00 p.m.

Members present were: Chair Bob Haines, Charles Lawson, Ken Norman and Brian Truman.  Member Tommy Dugger was absent.  Staff present was Attorney Robert Notestine, Town Planner Henry Laird, Town Building Official Michael Blanks and Cindy Lancaster, Town Recorder.  

Applicants present:   Randall Smith, Joe Epps and Joe Stegall. 

Eight (8) citizens were also present. 

Chair Haines called the meeting to order at 7:00 p.m. and Charles Lawson 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 Norman, seconded by Commissioner Truman, to approve the minutes of June 11, 2009. The minutes were unanimously approved by acclamation. 

Citizen Comments 

There were no comments from citizens. 

New Business 

Request for Variance to Construct Roof over Deck at 8652 Burkitt Place 

Randall Smith, of Celebration Homes, made this request to construct a roof over a deck at 8652 Burkitt Place.  Building Official Michael Blanks addressed the Board and staff recommended approval. 

Homeowner Mrs. Sullivan spoke to the Board and stated that within the purchase of this home, this was included to cover the deck.  Mr. Smith submitted a drawing of the existing structure. 

Commissioner Truman stated that due to the regulations being changed after the construction of this home, he felt that this should be granted. 

Motion made by Mr. Norman, second by Mr. Lawson to approve under Section 9.2.4.D.  The motion passed unanimously. 

Request for a Conditional Use Permit for a Religious Institution at 1668 Sunset Road 

Mr. Joe Epps of Anderson, Delk & Associates made the application.  Joe Stegall, pastor of the church, was also in attendance. 

Mr. Laird stated this was a request for a conditional use permit at 1668 Sunset Road.  Written conditions were submitted to the board, and these conditions have been met.  Housing is not permitted, and the applicants have stated there is no proposed housing or school.  The current home will be used as office space and will be torn down once the church is constructed. 

Mrs. Jessie Brown, 1670 Sunset Road, asked if this would downgrade her property at all.  Mr. Epps stated there would be a 30’ buffer. 

Mr. Ronnie Woodley, 1663 Sunset Road, how soon will it be built?  Mr. Stegall stated it will be no sooner than two years. 

Council Notestine stated that Commissioner Dugger is not present and asked that he present a brief statement.  The statement stated that Commission Dugger is involved in the real estate transaction. As a member of this church he would recuse himself if he was here, but as a citizen, he is in favor of this.  He also noted that he wanted to disclose that Mrs. Brown is his client. 

Motion made by Mr. Lawson, seconded by, Mr. Truman, to grant the variance on the conditional use permit.  The motion passed unanimously.     

Commission Truman advised the Browns that what he has found in other areas, when churches have located, that he has never seen the property devalued.  It either remains the same or increases. 

Mr. Haines stated he thought the concerns were the drainage and the buffering, and the Town of Nolensville has stringent guidelines for structures. 

Request for Variance for Development of a Religious Institution at 1668 Sunset Road 

Chair Haines noted this is an ISR variance and that means that the water cannot penetrate. 

Mr. Joe Epps of Anderson, Delk & Associates made the application.  Joe Stegall, pastor of the church, was also in attendance. 

Mr. Laird stated that this has been reviewed by staff members, who have met with the applicant.  They have applied for relief from this guideline.  He stated he though there was a mistake made when this requirement was written.  This is very low ISR, and you could not build a building and adequate parking space to meet this requirement.  When this was written, this particular scenario was not taken into consideration, and Mr. Laird stated he felt there was an error when this was written.   

Commissioner Norman stated with that being said, would not it be wise to refer this back to the Planning Commission.  Mr. Laird stated a recommendation will be made to the Planning Commission in November.  Mr. Epps noted that there is a property purchase in process, and it is contingent upon this approval.   

Council Notestine stated this variance is unique, and it appears this ordinance is faulty and may be a hardship.  This is what staff has stated.  He added that this is an initial step, and there will be further steps in this process. 

This request is for a maximum of 50%.  Mr. Epps said they want to have limited parking in front for elderly and the handicap, with the main parking in rear.  This is mainly an exhibit, and architectural drawings have not been performed.  

Mr. Norman made a motion to not exceed 0.5 under Section 9.2.4 B – hardship not self imposed, and Mr. Lawson seconded the motion.  The motion was approved unanimously. 

Chair Haines stated as matter of record, the Town Planner plans to present this to the Planning Commission.  By acclamation, the BZA membership unanimously requested that this go before the Planning Commission for review. 

Adjournment: 

The meeting was adjourned by acclamation at 7:32 p.m.