Nolensville Board of Zoning Appeals
Nolensville Town Hall
May 10, 2012

Members present:       Mayor Jimmy Alexander, Ron Randell,  Ken Norman

Staff present:              Attorney Bob Notestine, Don Swartz

 

Commissioner Norman called the meeting to order at 7:00pm and led the Pledge of Allegiance.

Approval of Minutes:
Motion to approve the minutes made by Ken Norman, seconded by Ron Randell. The minutes were approved unanimously.

Citizen Comments:
None

New Business:   
Consideration of a request to allow an accessory building of 1200 square feet, located at 9895 Sam Donald Road. Requested by Mr. Matt and Shannon Happel. Mr. Happel presented the case to the Board.

Neighbor Steve Stasiak, 108 Lodge Hall Road complained that the proposed building would obstruct their view from their house and the property is currently in violation of property maintenance standards.

Neighbor Rob Weldon, 104 Lodge Hall Road asked what the maximum height of the proposed building would be and if it could be relocated.

Town Attorney Bob Notestine asked for an explanation of the hardship.

Applicant Matt Happle stated that the hardship is the existence of a legal non-conforming use and the presence of the existing concrete pad.

Mayor Alexander asked if screening was a possibility.

Matt Happle replied that the screening was present at one time and was removed by Mr. Stasiak.

Mr. Stasiak said that the H.O.A. approved the alteration of the landscape screening.

Following the closing of the public hearing, Mayor Alexander stated that the conditions of approval should be the provision of landscape screening and the storage of materials on the east side of the building only.

Codes Director Don Swartz stated that he was concerned with a condition of approval that allowed the commercial use of this residentially zoned property.

Bob Notestine stated that if the property enjoys a lawful non-conforming status with regard to commercial use that the use can be expanded and that the decision to do so would be taken away from the Board.

Ken Norman made a motion to defer, with the applicants agreement. Motion seconded by Ron Randell, approved unanimously.