2016
2016 Minutes
Nolensville Board of Zoning Appeals
Nolensville Town Hall
September 8, 2016 7:00 p.m.
Members Present: Mike Donoho, Tommy Dugger, Arthur Gay, Joan Lawler, and Wade Wakefield
Staff Present: Attorney Bob Notestine, Town Planner Sarah Sitterle
Meeting Called to Order: Chairperson Joan Lawler at 7:00 p.m.
Pledge of Allegiance: Chairperson Joan Lawler
Approval of Minutes: Tommy Dugger moved to approve minutes from the 8/11/16 BZA meeting. It was seconded by Wade Wakefield. Motion passed unanimously.
New Business:
1. Request for a rear-yard setback variance to allow the construction of an enclosed sunroom (five foot encroachment into setback) located at 7049 Nolen Park Circle.
Randolph and Trish Payne were in attendance.
Mr. Payne addressed the board and stated their request to replace current 16 x 16 deck with a 16 x 24 sunroom. .
Mike Donoho made a motion to approve variance based that the rear property backs up to open space and will not impact anyone behind them. Wade Wakefield seconded the motion. Motion passed unanimously.
Chairperson Lawler adjourned the meeting at 7:04.
Minutes taken by Sarah Sitterle.
Nolensville Town Hall
September 8, 2016 7:00 p.m.
Members Present: Mike Donoho, Tommy Dugger, Arthur Gay, Joan Lawler, and Wade Wakefield
Staff Present: Attorney Bob Notestine, Town Planner Sarah Sitterle
Meeting Called to Order: Chairperson Joan Lawler at 7:00 p.m.
Pledge of Allegiance: Chairperson Joan Lawler
Approval of Minutes: Tommy Dugger moved to approve minutes from the 8/11/16 BZA meeting. It was seconded by Wade Wakefield. Motion passed unanimously.
New Business:
1. Request for a rear-yard setback variance to allow the construction of an enclosed sunroom (five foot encroachment into setback) located at 7049 Nolen Park Circle.
Randolph and Trish Payne were in attendance.
Mr. Payne addressed the board and stated their request to replace current 16 x 16 deck with a 16 x 24 sunroom. .
Mike Donoho made a motion to approve variance based that the rear property backs up to open space and will not impact anyone behind them. Wade Wakefield seconded the motion. Motion passed unanimously.
Chairperson Lawler adjourned the meeting at 7:04.
Minutes taken by Sarah Sitterle.
Nolensville Board of Zoning Appeals
Nolensville Town Hall
August 11, 2016 7:00 p.m.
Members Present: Mike Donoho, Tommy Dugger, Arthur Gay, Joan Lawler, and Wade Wakefield
Staff Present: Attorney Bob Notestine, Town Engineer Don Swartz,
Town Planner Sarah Sitterle and Mayor Jimmy Alexander
Meeting Called to Order: Chairperson Joan Lawler at 7:00 p.m.
Pledge of Allegiance: Chairperson Joan Lawler
Approval of Minutes: Mike Donoho moved to approve minutes from the 5/12/16 BZA meeting as amended to reflect correct spelling of applicant. It was seconded by Tommy Dugger. Motion passed unanimously.
Announcements: Chairperson Lawler introduced new BZA member Arthur “Trey” Gay
New Business:
1. Request for a variance at 7332, 7336, and 7340 Nolensville Rd. to allow for buildings in excess of the permitted maximum size of 4000 square feet in the historic district overlay. Request is for the buildings to be 6,000 sq ft, 6,000 sq ft and 7,758 sq ft.
Joe Epps, P.E. with Anderson, Delk, Epp and Associates presented the case for the applicant, Fred Yazdian.
Epps stated that by zoning they could build a number of 4,000 sq ft buildings 6 feet apart. But this is ineffective and leaves a strip of land in-between of no use.
Attorney Bob Notestine commented that this was referred to the BZA from the Historical Zoning Committee for building size consideration.
Dugger commented that this will need to go back to the HZC for certificate of appropriateness.
Epps replied that they anticipated going first to the Planning Committee and then concurrent with the Design Review committee and Historic Zoning Committee.
Dugger moved to approve the variance request since no harm to public welfare and the location is at the edge of the Historic Village Overlay. He said he would rather see a few larger buildings rather than 6 smaller buildings. Mike Donoho seconded the motion. Motion passed unanimously.
Chairperson Lawler asked for any further comments.
Town Engineer Don Swartz introduced Nolensville’s new Town Planner, Sarah Sitterle.
Chairperson Lawler adjourned the meeting at 7:21.
Minutes taken by Don Swartz.
Nolensville Town Hall
August 11, 2016 7:00 p.m.
Members Present: Mike Donoho, Tommy Dugger, Arthur Gay, Joan Lawler, and Wade Wakefield
Staff Present: Attorney Bob Notestine, Town Engineer Don Swartz,
Town Planner Sarah Sitterle and Mayor Jimmy Alexander
Meeting Called to Order: Chairperson Joan Lawler at 7:00 p.m.
Pledge of Allegiance: Chairperson Joan Lawler
Approval of Minutes: Mike Donoho moved to approve minutes from the 5/12/16 BZA meeting as amended to reflect correct spelling of applicant. It was seconded by Tommy Dugger. Motion passed unanimously.
Announcements: Chairperson Lawler introduced new BZA member Arthur “Trey” Gay
New Business:
1. Request for a variance at 7332, 7336, and 7340 Nolensville Rd. to allow for buildings in excess of the permitted maximum size of 4000 square feet in the historic district overlay. Request is for the buildings to be 6,000 sq ft, 6,000 sq ft and 7,758 sq ft.
Joe Epps, P.E. with Anderson, Delk, Epp and Associates presented the case for the applicant, Fred Yazdian.
Epps stated that by zoning they could build a number of 4,000 sq ft buildings 6 feet apart. But this is ineffective and leaves a strip of land in-between of no use.
Attorney Bob Notestine commented that this was referred to the BZA from the Historical Zoning Committee for building size consideration.
Dugger commented that this will need to go back to the HZC for certificate of appropriateness.
Epps replied that they anticipated going first to the Planning Committee and then concurrent with the Design Review committee and Historic Zoning Committee.
Dugger moved to approve the variance request since no harm to public welfare and the location is at the edge of the Historic Village Overlay. He said he would rather see a few larger buildings rather than 6 smaller buildings. Mike Donoho seconded the motion. Motion passed unanimously.
Chairperson Lawler asked for any further comments.
Town Engineer Don Swartz introduced Nolensville’s new Town Planner, Sarah Sitterle.
Chairperson Lawler adjourned the meeting at 7:21.
Minutes taken by Don Swartz.
Nolensville Board of Zoning Appeals
Nolensville Town Hall
May 12, 2016 7:00 p.m.
Members Present: Mayor Jimmy Alexander, Mike Donoho, Tommy Dugger, Wade Wakefield and Joan Lawler
Staff Present: Attorney Bob Notestine, Building Official Bennie McCoy,
Suzanne Brown
Meeting Called to Order: Chairperson Joan Lawler at 7:00 p.m.
Pledge of Allegiance: Chairperson Joan Lawler
Approval of Minutes: Tommy Dugger moved to approve minutes as amended to reflect correct members in attendance for the 4/14/2016 BZA meeting. It was seconded by Mayor Alexander. Passed unanimously.
New Business:
1. Request for a rear yard setback variance of 5 feet to 10 feet to allow for the construction of a covered deck located at 3116 Ballenger Drive.
Mayor Alexander made a motion to approve. Tommy Dugger 2nd the motion.
Chairperson Lawler asked for discussion.
Patrick Michael Losso, applicant, addressed the board. He stated he had a small yard and open space behind his lot. He had approval of neighbors and HOA. He indicated no harm to public welfare.
After some discussion, Chairperson Lawler stated motion made to approve the expansion of covering the existing deck 5 feet into the setback. Motion passed unanimously.
2. A. Request for a five foot reduction in the required landscape buffer on the West side of property to allow for the construction of two office buildings located at 7209 Haley Industrial Dr.
Alderman Dugger stated that the property behind 7209 a.k. Mr. Wells, is zoned commercial but may not necessarily be used for commercial purposes. Mr. Wells resides and lives there. McNeeley, engineer for applicant, David Becker, Nolensville Business Center, LLC., replied that the property is currently zoned OI but may be rezoned to commercial.
McNeeley addressed the board regarding the request for a variance. The final plat shows 20 ft minimum building setback line. When OI abuts commercial the buffer is 30 ft. However, we have a recorded plat with shows a 20 ft setback. In a pre application meeting there was discussion to rezone this property to commercial in which case there would be no buffer zone. However, at the meeting it was decided not to rezone but to keep it as OI and seek a variance for a 15 ft buffer zone.
Mayor Alexander stated he was ok with a land buffer of 15 ft as opposed to looking at the rear of a building. He stated he is concerned with the landscaping. He would like to beef up the landscape plan with Evergreens and a variety of trees to shore it up a little. McNeeley agreed to respectfully request that a condition or comment be made before the planning commission for the landscaping requirements.
2. B. To waive the buffer requirements on the South side of the project.
It was determined that both properties are currently zoned OI so therefore there is no buffer required.
Chairperson Lawler asked for comments:
Mr. Hyun, Owner of the BP gas station, which abuts 7209 Haley Industrial addressed the board. He stated he is concerned about the water flow onto his property.
McNeeley stated they are required to provide an onsite detention pond which is designed to drain to existing storm drain on Haley Industrial.
There was some discussion regarding the retaining walls.
Mayor Alexander made a motion to approve this plan granting a buffer of 15.37 ft as opposed to the 30 ft buffer with the condition that an acceptable landscaping plan be presented.
Committee Member Wakefield seconded the motion. It passed unanimously.
Dugger made motion for meeting to be adjourned.
Wakefield 2nd the motion.
Chairperson Lawler adjourned the meeting at 7:21.
Nolensville Town Hall
May 12, 2016 7:00 p.m.
Members Present: Mayor Jimmy Alexander, Mike Donoho, Tommy Dugger, Wade Wakefield and Joan Lawler
Staff Present: Attorney Bob Notestine, Building Official Bennie McCoy,
Suzanne Brown
Meeting Called to Order: Chairperson Joan Lawler at 7:00 p.m.
Pledge of Allegiance: Chairperson Joan Lawler
Approval of Minutes: Tommy Dugger moved to approve minutes as amended to reflect correct members in attendance for the 4/14/2016 BZA meeting. It was seconded by Mayor Alexander. Passed unanimously.
New Business:
1. Request for a rear yard setback variance of 5 feet to 10 feet to allow for the construction of a covered deck located at 3116 Ballenger Drive.
Mayor Alexander made a motion to approve. Tommy Dugger 2nd the motion.
Chairperson Lawler asked for discussion.
Patrick Michael Losso, applicant, addressed the board. He stated he had a small yard and open space behind his lot. He had approval of neighbors and HOA. He indicated no harm to public welfare.
After some discussion, Chairperson Lawler stated motion made to approve the expansion of covering the existing deck 5 feet into the setback. Motion passed unanimously.
2. A. Request for a five foot reduction in the required landscape buffer on the West side of property to allow for the construction of two office buildings located at 7209 Haley Industrial Dr.
Alderman Dugger stated that the property behind 7209 a.k. Mr. Wells, is zoned commercial but may not necessarily be used for commercial purposes. Mr. Wells resides and lives there. McNeeley, engineer for applicant, David Becker, Nolensville Business Center, LLC., replied that the property is currently zoned OI but may be rezoned to commercial.
McNeeley addressed the board regarding the request for a variance. The final plat shows 20 ft minimum building setback line. When OI abuts commercial the buffer is 30 ft. However, we have a recorded plat with shows a 20 ft setback. In a pre application meeting there was discussion to rezone this property to commercial in which case there would be no buffer zone. However, at the meeting it was decided not to rezone but to keep it as OI and seek a variance for a 15 ft buffer zone.
Mayor Alexander stated he was ok with a land buffer of 15 ft as opposed to looking at the rear of a building. He stated he is concerned with the landscaping. He would like to beef up the landscape plan with Evergreens and a variety of trees to shore it up a little. McNeeley agreed to respectfully request that a condition or comment be made before the planning commission for the landscaping requirements.
2. B. To waive the buffer requirements on the South side of the project.
It was determined that both properties are currently zoned OI so therefore there is no buffer required.
Chairperson Lawler asked for comments:
Mr. Hyun, Owner of the BP gas station, which abuts 7209 Haley Industrial addressed the board. He stated he is concerned about the water flow onto his property.
McNeeley stated they are required to provide an onsite detention pond which is designed to drain to existing storm drain on Haley Industrial.
There was some discussion regarding the retaining walls.
Mayor Alexander made a motion to approve this plan granting a buffer of 15.37 ft as opposed to the 30 ft buffer with the condition that an acceptable landscaping plan be presented.
Committee Member Wakefield seconded the motion. It passed unanimously.
Dugger made motion for meeting to be adjourned.
Wakefield 2nd the motion.
Chairperson Lawler adjourned the meeting at 7:21.
Nolensville Board of Zoning Appeals
Nolensville Town Hall
April 14, 2016 7:00 p.m.
Members Present: Mayor Jimmy Alexander, Mike Donoho, Tommy Dugger, and Joan Lawler
Staff Present: Attorney Bob Notestine, Town Engineer Don Swartz
Meeting Called to Order: By Mayor Alexander at 7:00 p.m.
Pledge of Allegiance: Led by Tommy Dugger
Mayor asked for nomination for new Chairperson to replace Ken Rucker.
Tommy Dugger nominated Joan Lawler. Mayor Alexander seconded the nomination.
Nomination passed unanimously.
Approval of Minutes: Tommy Dugger moved to approve minutes from the 11/12/2015 BZA meeting. It was seconded by Mike Donoho. It passed unanimously.
New Business:
1. Chairperson Joan Lawler stated there is a two part request:
A. Request of change of use for a lawful non-conforming use from office to personal services at 7035 Nolensville Rd.
Mayor Alexander made a motion to approve request of change.
Tommy Dugger seconded it.
Chairperson Joan Lawler asked for discussion.
Don Swartz, town engineer commented that property is currently a lawful non-conforming use and the applicant would like to open a salon which would also be a lawful non-conforming use on the property.
Mayor Alexander asked the applicant if anything would be done to the outside of the building.
Chad Hilburn, applicant, stated he intended to change out the door and shutters, build an ADA ramp and deck. Reface the columns and replace rotting wood, landscaping and would eventually like to paint.
Mayor Alexander asked if the owner of the house he is renting from owns the market next door.
Chad replied yes and that he had a 2 year lease with the owner for the house and 2 acres.
Chairperson Joan Lawler moved to vote on motion made. Motion to approve change of use passed unanimously.
B. Seeking variance from the requirement of paving the parking lot
Mayor Alexander made a motion to approve variance request.
Mike Donoho seconded the motion.
Chairperson Joan Lawler asked for any discussion.
Chad commented that the gravel parking lot was previously used by the insurance agency which was located at 7035 Nolensville Rd. He said they plan to bring in more gravel and level it out. Mayor asked how many parking spaces are required. Don Swartz replied based on square footage of 1400 and personal use it requires 4 spaces. The previous use of office required 6 spaces.
Chad said they are running a deck off the front and a ramp to the handicap spaces. Don said the planning commission approved the site plan.
Mayor Alexander said this is a business that is solely changing use and requires fewer parking spaces. Bob Notestine, town attorney, said there is also no harm to public welfare.
Bob also asked if a variance could be granted with a condition to review when the lease runs out. Don stated that he has seen variances granted for a period of time.
Chairperson Joan Lawler stated a motion has been made and seconded to approve the request for a variance on the requirement of paving the parking lot due to no harm to public welfare and subject to review in 2 years. Motion passed unanimously.
Chairperson Lawler asked for motion to adjourn. Tommy Dugger made motion, Mayor Alexander seconded.
Meeting adjourned at 7:35.
Nolensville Town Hall
April 14, 2016 7:00 p.m.
Members Present: Mayor Jimmy Alexander, Mike Donoho, Tommy Dugger, and Joan Lawler
Staff Present: Attorney Bob Notestine, Town Engineer Don Swartz
Meeting Called to Order: By Mayor Alexander at 7:00 p.m.
Pledge of Allegiance: Led by Tommy Dugger
Mayor asked for nomination for new Chairperson to replace Ken Rucker.
Tommy Dugger nominated Joan Lawler. Mayor Alexander seconded the nomination.
Nomination passed unanimously.
Approval of Minutes: Tommy Dugger moved to approve minutes from the 11/12/2015 BZA meeting. It was seconded by Mike Donoho. It passed unanimously.
New Business:
1. Chairperson Joan Lawler stated there is a two part request:
A. Request of change of use for a lawful non-conforming use from office to personal services at 7035 Nolensville Rd.
Mayor Alexander made a motion to approve request of change.
Tommy Dugger seconded it.
Chairperson Joan Lawler asked for discussion.
Don Swartz, town engineer commented that property is currently a lawful non-conforming use and the applicant would like to open a salon which would also be a lawful non-conforming use on the property.
Mayor Alexander asked the applicant if anything would be done to the outside of the building.
Chad Hilburn, applicant, stated he intended to change out the door and shutters, build an ADA ramp and deck. Reface the columns and replace rotting wood, landscaping and would eventually like to paint.
Mayor Alexander asked if the owner of the house he is renting from owns the market next door.
Chad replied yes and that he had a 2 year lease with the owner for the house and 2 acres.
Chairperson Joan Lawler moved to vote on motion made. Motion to approve change of use passed unanimously.
B. Seeking variance from the requirement of paving the parking lot
Mayor Alexander made a motion to approve variance request.
Mike Donoho seconded the motion.
Chairperson Joan Lawler asked for any discussion.
Chad commented that the gravel parking lot was previously used by the insurance agency which was located at 7035 Nolensville Rd. He said they plan to bring in more gravel and level it out. Mayor asked how many parking spaces are required. Don Swartz replied based on square footage of 1400 and personal use it requires 4 spaces. The previous use of office required 6 spaces.
Chad said they are running a deck off the front and a ramp to the handicap spaces. Don said the planning commission approved the site plan.
Mayor Alexander said this is a business that is solely changing use and requires fewer parking spaces. Bob Notestine, town attorney, said there is also no harm to public welfare.
Bob also asked if a variance could be granted with a condition to review when the lease runs out. Don stated that he has seen variances granted for a period of time.
Chairperson Joan Lawler stated a motion has been made and seconded to approve the request for a variance on the requirement of paving the parking lot due to no harm to public welfare and subject to review in 2 years. Motion passed unanimously.
Chairperson Lawler asked for motion to adjourn. Tommy Dugger made motion, Mayor Alexander seconded.
Meeting adjourned at 7:35.
