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2013

Minutes Archive

2013-10 Board of Zoning Appeals Meeting Minutes
Nolensville Board of Zoning Appeals
Nolensville Town Hall
October 10, 2013 - 
7:00 p.m.

Members present:       Mayor Alexander, Ken Rucker, Tommy Dugger, Wade Wakefield

Staff present:              Attorney Bob Notestine, Building Official Don Swartz

Chairman Ken Rucker called the meeting to order at 7:00 pm and led the Pledge of Allegiance.

APPROVAL OF MINUTES:
Motion to approve the June and July 2013 minutes made by Tommy Dugger, seconded by Wade Wakefield.  The minutes were approved unanimously.

CITIZEN COMMENTS:
None.

NEW BUSINESS:   

Consideration of a request to allow an open-style fence in the front yard of the property located at 700 Cromwell Court. Property owner Matt Cherry presented the case for the fence.

Wayne Lambert, 706 Cromwell Court spoke against the request and presented a petition signed by 54 neighbors opposed to the request.   Ms. Kimberly Lefebvre, 710 Cromwell Court also spoke against the request.

Motion to deny made by Tommy Dugger on the grounds that alternative options exist.   Motion to deny seconded by Wade Wakefield.  Motion to deny approved unanimously.

Minutes prepared by:  Don Swartz
2013-07 Board of Zoning Appeals Meeting Minutes
Nolensville Board of Zoning Appeals
Nolensville Town Hall
July 11, 2013 - 7:00 p.m.

Members present:       Mayor Jimmy Alexander, Ken Rucker, Wade Wakefield and Tommy Dugger

Members absent:        None

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

Chairman, Ken Rucker, called the meeting to order at 7:00 and led the Pledge of Allegiance.

APPROVAL OF MINUTES:
Mayor Jimmy Alexander made a motion to approve the June 13th 2013 BZA minutes with corrections and Wade Wakefield seconded it.  Motion passed unanimously.

NEW BUSINES:   

A.  Request for a variance to the required rear yard setback for a new construction home being proposed at 1818 Eaves Ct., Lot 1510, in Benington Subdivision.

J.R. Rollins with Barlow Builders presented the variance request for applicant, Austin Pennington.  Mr. Rollins stated Barlow Builders is requesting a 10 foot variance to the rear setback, changing it from a 30 foot setback to a 20 foot setback. In order for the proposed house to fit better on this lot, and in order to keep the continuity of the streetscape for front doors to be centered on the lots, and to alleviate the need for a basement which would keep the cost down for the potential buyer.

There was some discussion regarding placement of house and size of the lot.

Attorney Bob Notestine indicated the hardship in this case is an odd shaped lot.

Don Swartz, town engineer, pointed out that the Nolensville Zoning Ordinance established a 20 foot setback.  However, this lot came from a PUD in Williamson County which established a setback of 30 feet.

After further discussion discussion:

Commissioner, Wade Wakefield, made a motion to approve the variance based upon its shape and topography.
Commissioner, Tommy Dugger, seconded the motion.

Chairman Ken Rucker, stated that a motion has been made to grant the variance based upon the uniqueness of the property due to the shape and topography and the inability to place a house because of those dynamics.
Motion passed unanimously.

ADJOURNMENT:
Commissioner, Ken Rucker, moved for adjournment.  Mayor Jimmy Alexander seconded the motion.
Chairman, Ken Rucker adjourned the meeting at 7:20.
2013-06 Board of Zoning Appeals Meeting Minutes
Nolensville Board of Zoning Appeals
Nolensville Town Hall
June 13, 2013 - 
7:00 p.m.

Members present:       Mayor Jimmy Alexander, Ken Rucker,Wade Wakefield and Tommy Dugger

Members absent:        None

Staff present:              Attorney Bob Notestine and Don Swartz

Interim Chairman Ken Rucker, called the meeting to order at 7:00 and led the Pledge of Allegiance.

ANNOUNCEMENT:

Interim Chairmen Ken Rucker stated it was necessary to list new officers as Chairman Ken Norman and Secretary Ron Randell could no longer serve on the BZA.

Commissioner Tommy Dugger nominated Ken Rucker for Chairman and Mayor Alexander seconded it.  Motion passed unanimously.

Commissioner Tommy Dugger nominated Wade Wakefield for Secretary and Mayor Alexander seconded it.  Motion passed unanimously.

NEW BUSINES:   

A.  Request for variance of rear yard setback at 2033 Universe Dr., Winterset Woods Subdivision to allow for the construction of a covered patio within the setback.

The applicant, Dallas Dover, spoke and stated his request is to extend setback 10 feet to allow for construction of cover patio.  He stated the design had been approved by the Winterset Woods HOA Architectural Review Board.  He stated there is green space behind his home and no public streets.  He stated the design is consistent with what other homeowners have built.

Mayor Alexander asked if neighbors are OK with request.

Mr. Dover replied yes that they had informed adjacent neighbors.

Chairman Ken Rucker asked for any comments from citizens in regard to the variance.  No comments were made in regards to the variance request.

Chairman Ken Rucker asked for Board discussion.  Attorney Bob Notestine pointed out the hardship as being a tight minimum set back that cuts through the existing patio.  He stated the original plat was approved by Williamson County before annexation by the Town of Nolensville.  Town Engineer, Don Swartz, pointed out the Town of Nolensville’s setback is 20 feet vs. Williamson County setback of 30 feet.

Commissioner Tommy Dugger made a motion to approve the variance due to the uniqueness of the setback and that there is open space behind 2033 Universe Ct and no interference with any streets or houses.

Commissioner Wade Wakefield seconded it.

Chairman Ken Rucker stated a motion had been made to grant a variance for a rear yard setback at 2033 Universe Ct in Winterset Woods Subdivision to allow construction of a covered patio.  Motion passed unanimously.

ADJOURNMENT:
Commissioner, Tommy Dugger, moved for adjournment and Mayor Alexander seconded it.
Chairman, Ken Rucker, adjourned the meeting at 7:12 p.m.
2013-05 Board of Zoning Appeals Meeting Minutes
Nolensville Board of Zoning Appeals
Nolensville Town Hall
May 9, 2013 - 
7:00 p.m.

Members present:       Mayor Jimmy Alexander, Ken Rucker, Wade Wakefield and Tommy Dugger

Members absent:        None

Staff present:              Attorney Bob Notestine, Don Swartz, Suzanne Brown and Bryan Howell

Citizens present:         3

Chairman, Ken Rucker, called the meeting to order at 7:02 and led the Pledge of Allegiance.

New Board of Zoning Appeals Board Member, Wade Wakefield, was introduced.

APPROVAL OF MINUTES:
Commissioner Tommy Dugger made a motion to approve the March 14, 2013 BZA minutes and Ken Rucker seconded it.  Mayor Alexander abstained from voting since he was not present at March 14, 2013 meeting.  Motion passed unanimously.

NEW BUSINES:   

A.  Request for Conditional Use Permit located at 7240 Nolensville Rd. to allow for the operation of a veterinary business.  Requested by Ms. Ashley Manos, D.V.M.

The applicant, Ashley Manos, D.V.M. spoke and confirmed that she had met the conditions set forth in the Town Ordinance for the operation of a veterinary business.  She explained the office would be for cats and small dogs.  The only boarding would be for cats.  There would be no outdoor exercise area and no kennels.

Don Swartz, Town Engineer, pointed out that item D of the Town Ordinance was not applicable.

After some discussion from the board, Commissioner Tommy Dugger made a motion to approve the request and Commissioner Wade Wakefield seconded the motion.

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.

Chairman Ken Rucker stated a motion had been made by the Board to approve the request for a Conditional Use Permit at 7240 Nolensville Rd. to allow for the operation of a veterinary business.  Motion passed unanimously.

ADJOURNMENT:
Commissioner, Tommy Dugger, moved for adjournment and Mayor Jimmy Alexander seconded the motion.
Chairman, Ken Rucker adjourned the meeting at 7:08.
2013-03 Board of Zoning Appeals Meeting Minutes
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.

APPROVAL OF MINUTES:

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.

NEW BUSINES:   

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.

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