Board of Zoning Appeals

Nolensville Town Hall 

January 12, 2012- 7:00 p.m.

Members present:  Jimmy Alexander, Tommy Dugger, Ken Norman, Ron Randell, and Ken Rucker

 Members absent:   None

Staff present:          Attorney Bob Notestine, Kali Mogul, Suzanne Brown, Bob Hayes

Chairman Ken Norman called the meeting to order at 7:01 p.m. and led the Pledge of Allegiance.

Approval of Minutes

Commissioner Tommy Dugger made a motion to approve the minutes of the BZA meeting on December 8, 2011.  It was seconded by Ron Randell.  Jimmy Alexander and Ken Norman recused themselves from the vote since they were not in attendance. The minutes were approved 3 - 0.

Citizen Comments

None

New Business

Commissioner Ron Randell made a point of order that the third item under New Business involved a request for variance at 1646 Sunset Road, property belonging to the Church of Jesus Christ Latter Day Saints.  Randell said he would recuse himself from the consideration of this item because he is a member of the Church of Jesus Christ Latter Day Saints but he would participate in the consideration of the other agenda items.

A.  Consideration of a request for a front yard variance to allow for construction of a front porch at 1657 Sunset Road.

Applicants Heidi and Allen Agnew of 1657 Sunset Road were present.  They requested to be allowed to add a porch to the front of the home to improve its appearance of the house.

Commissioner Randell made a motion to approve the variance, and Commissioner Dugger seconded.  The motion was approved unanimously in accordance with Zoning Ordinance 1.9.5 B. 

B.  Consideration of a request for a variance to parking area landscaping requirements at 7287 Nolensville Road.

Applicant Bill Wence was present for the meeting.  Commissioner Dugger asked whether the site plan had been approved by the Planning Commission.  Mayor Alexander answered that it had not. 

After some discussion about ingress/egress and proposed extension of King Street, Chairman Norman made a motion to approve the request for landscaping variance in accordance with Zoning Ordinance 1.9.5 B with a contingency that the overall site plan must be approved by the Planning Commission.  Commissioner Rucker seconded the motion with the condition, which was approved unanimously.

C.  Consideration of a request for a variance from sidewalk requirements at 1646 Sunset Road.

Matt Taylor, civil engineer, and Darwin Shockley represented the applicant at the meeting.  Commissioner Dugger asked whether the plan submitted previously to the BZA included sidewalks.  Mr. Taylor said it did not.  Chairman Norman pointed out that at that meeting in October, 2011, the BZA only considered the facility as a use permitted with conditions.

Commissioner Dugger pointed out that sidewalks are required in our regulations, and Mayor Alexander concurred.  Alexander continued on, saying that two new projects, including Brittain Downs, would be required to construct sidewalks along Sunset Road.  Any other plans submitted for Sunset Road would be required to have sidewalks.

Mr. Taylor pointed out that Benington and Winterset Woods do not have sidewalks on Sunset Road, and that if the street was ever widened, the sidewalks would have to be reconstructed.  Attorney Notestine mentioned Winterset Woods and Benington do not have sidewalks because they were planned through Williamson County before the property was annexed into the Town. 

Chair Norman opened the floor to public comments.

Mr. Gary Ganick of 1650 Sunset Road commented that if the sidewalks are in the Zoning Ordinance, the plans should include them.

Mr. Mehdi Mirzaie of 1648 Sunset Road said that he agreed with the Mayor that sidewalks should be part of the plan.

Chair Norman closed the floor to public comments.

Commissioner Ken Rucker said that he did not believe this was a unique situation that justified a variance.  Commissioner Dugger commented in agreement with Rucker.

Chair Norman moved that the request for variance be denied because it does not meet any of the four criteria in Zoning Ordinance 1.9.5.  Commissioner Dugger seconded the motion.  The motion to disapprove the request was approved unanimously.

Commissioner Rucker moved for adjournment.  Commissioner Dugger seconded, and the meeting was adjourned at 7:24 p.m.

Minutes taken by: Kali Mogul