Nolensville Board of Zoning Appeals
Nolensville Town Hall
March 14, 2013 - 7:00 p.m.

Members present:       Vice Mayor Brian Snyder, Tommy Dugger and Ken Rucker

Members absent:        Mayor Jimmy Alexander, Ron Randell

Staff present:              Attorney Bob Notestine, Don Swartz, Suzanne Brown

Citizens present:         0

Vice Chairman, Ken Rucker, called the meeting to order at 7:15 and led the Pledge of Allegiance.

Commissioner Tommy Dugger made a motion to approve the December 13, 2012 BZA minutes and Vice Mayor Brian Snyder seconded it.  Motion passed unanimously.

Vice Chairman, Ken Rucker, noted Mayor Jimmy Alexander appointed vice Mayor Brian Snyder to serve on tonight's board in his absence.

A.  Request for side yard variance of 15 feet at 74 Tennessee Excavating Dr., Lot 15B, Haley Industrial Dr.

Mr. Swartz reported that The Town needs to do storm water replacement work in that area.  A storm water pipe that was installed was undersized.  The Town has agreed with an area property owner to participate in the cost of this work.  In the meantime the Town needs to obtain an easement for the new line.  The undersized line was not placed in an easement.  It was placed outside an easement and no easement exists for the location of the new enlarged pipe.

So in cooperation with the property owner the Town is seeking a variance.  The North property line where the new easement will be located is already encumbered with a 20 ft sanitary sewer easement and a 5 ft public utility drainage easement. With the new 15 foot easement there will be a total of 40 feet easement along the North property line.  It is a narrow lot with a width of 135 feet.  In order to provide the property owner with a building envelope the Town is requesting a 15 ft setback variance on the South side resulting in a 5 ft side yard setback.

The hardship is the unusual configuration of the lot with the easements.

Commissioner Ken Rucker pointed out that the undersized storm drain was put in by the developer without the knowledge of the property owner.

Mr. Swartz replied yes without the knowledge of the Town or current property owner.

After some discussion Commissioner Tommy Dugger made a motion to approve the variance due to the configuration of the lot and the new easement on the North Side.  Vice Mayor, Brian Snyder, seconded the motion.

Vice Chairman Ken Rucker stated a motion had been made to grant a 15 foot wide yard setback variance due to the topography of the land and the drainage issue.  There was not a hardship created by the current landowner.

Motion passed unanimously.

Vice Chairman Ken Rucker adjourned the meeting at 7:22.