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2012

Minutes Archive

2012-12 Board of Zoning Appeals Meeting Minutes
Nolensville Board of Zoning Appeals
Nolensville Town Hall
December 13, 2012
7:00 p.m.

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

Members absent:        Chairman Ken Norman

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

Citizens present:         4

Commissioner Ken Rucker called the meeting to order at 7:03 and led the Pledge of Allegiance.

Approval of Minutes:
Commissioner Ken Rucker made correction to August 9, 2012 minutes as follows:  Commissioner Ran Randell (in lieu of Ken Rucker) made a motion and motion was seconded by Commissioner Ken Rucker (n lieu of Ron Randell).
Commissioner Ron Randell made a motion to approve the August 9, 2012 minutes as amended.  Commissioner Tommy Dugger seconded the motion, which passed unanimously.

Citizen Comments:
None

New Business:   

A.  Request for variance from the required number of parking spaces for a proposed daycare facility located at 7227 Haley Industrial Dr.

Applicant Joseph G. Petrosky, P.E. was in attendance representing BTSB, LLC., the owner of the property.  He stated they are requesting a variance on Lot 14B, Haley Industrial Drive, for a daycare for parking requirements.  They utilized the Institute of Traffic Engineers Report on Parking and Trip Generation Characteristics for Day-Care Facilities.  It calls for 14 spaces to be utilized and they are providing 18 which include 2 handicap spots.

Commissioner Ken Rucker asked if site plan had been presented to the planning Commission. Joe Petrosky replied not yet, that it is a concept plan.

Agenda order was amended and 2nd item was presented so that Mr. Petrosky could call owner and gather information.  After 2nd item was presented and a temporary adjournment, meeting reconvened to finished presentation of 1st agenda item.

Commissioner Tommy Dugger asked Mr. Petrosky if requesting a 40% reduction in parking requirements?  Mr. Petrosky replied yes - the ordinance calls for 32 and is requesting 18.

After much discussion Commissioner Tommy Dugger made a motion to approve for a variance of 7 parking spaces from 32 to 25 based on the drainage issues and narrowness of the lot and to move dumpster to the north side to make parking place for a bus.  Mayor Jimmy Alexander seconded, and the motion passed unanimously.

B.  Request for variance on the allowed maximum height of an advertising sign located on the southwest corner of Nolensville Road and Brittain Lane.  Applicant David McGowan of Regent Homes was in attendance.

David McGowan stated that the area is depressed from Nolensville Rd.  If sign was put at height requirement if would not be visible.  They would like to keep it at its current height.

Commissioner Tommy Dugger made comment that he would like it to be put on record that he is a tenant at the adjacent property of the advertising sign.

Don Swartz stated that sign is currently at 7'8" and the maximum height allowed by the sign ordinance is 6 feet.  So there is a 20 inch variance on the height of the sign.

After some discussion Commissioner Tommy Dugger made a motion to approve the variance and Mayor Alexander seconded it.  Commissioner Ken Rucker stated the hardship for the variance was for sign height due to the topography of the land, being that the grade is so far below the road and looking at the public interest that would be served by approving it.  The motion was approved unanimously and variance was granted.

Motion to adjourn made by Commissioner Tommy Dugger and seconded by Commissioner Ron Randell. 

Adjournment:
The meeting was adjourned at 7:55.
2012-08 Board of Zoning Appeals Meeting Minutes
Nolensville Board of Zoning Appeals
Nolensville Town Hall
August 9, 2012
7:00 p.m.

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

Members absent:       None

Staff present:             Attorney Bob Notestine, Town Engineer Don Swartz, Town Planner Henry Laird, Suzanne Brown

Applicants present:    Michael and Sandra Williams

Chairman Ken Norman called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance.

Approval of Minutes:
Tommy Dugger recused himself from the vote since he was not in attendance at the May 10, 2012 meeting.  Motion made to

approve the minutes of the BZA meeting on May 10, 2012 made by Ron Randell, seconded by Ken Rucker.
The minutes were approved 4 – 0.

Citizen Comments:
None

New Business:   

Request for an appeal of a staff decision related to the setbacks being applied to a house under construction in the Sunset Park subdivision.  Applicants Michael and Sandra Williams of 2005 Clifton Johnston Ct. were in attendance.  Mr. Williams stated he is in disagreement with what is a rear setback and side setback, as well as the distinction between interior and exterior side yard setbacks.

Staff presentation made by Don Swartz.  Following discussion by the board, Town Attorney, Bob Notestine confirmed that the preliminary plat as approved by Williamson County must be honored by the Town of Nolensville, including any setbacks contained thereon.

Mr. Tom Henry of 1808 Sunset Park Ct. asked about the proximity of a retaining wall for a driveway to the property line. Don Swartz informed Mr. Henry that the wall can extend up to the property line.

Following further discussion between the board and the applicant, Ron Randell made a motion to uphold staff decision based on prior approval of the preliminary plat by Williamson County.  Motion seconded by Ken Rucker.  Tommy Dugger added that the Town Ordinance states that in regards to irregular shaped lots, it gives authority to the Town Planner to decide what is the rear and side setbacks.  The motion was upheld unanimously.

Motion to adjourn made by Tommy Dugger and seconded by Mayor Alexander. 

Adjournment:
The meeting was adjourned at 7:41.
Respectfully submitted, Suzanne Brown, Permit Specialist, Building/Codes Department
2012-05 Board of Zoning Appeals Meeting Minutes
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.
2012-01 Board of Zoning Appeals Meeting Minutes
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