CITY OF MURFREESBORO BOARD OF ZONING APPEALS

Transcription

1 CITY OF MURFREESBORO BOARD OF ZONING APPEALS Regular Meeting, October 26, 2011, at 1:00 p.m. City Hall, 111 West Vine Street, Council Chambers, 1 st Floor 1. Call to order A G E N D A 2. Consideration of minutes for the regular meeting on September 28, New Business Weeds and Grass Exemption Request a. Application W by Mr. Jim Wood, for the Saratoga Park Homeowners Association, is requesting a partial exemption from the weeds and grass ordinance on property located south and west of the Forrest Pointe and Saratoga Park Subdivisions (part of Tax Map 102, Parcel 48.01), as provided in City Code Section It is requested that a portion of the property return to a natural state or as a wilderness area. Variance Requests b. Application Z by Mr. Derek Wheeler, for Integra Creek, LLC, is requesting a variance from Section 26(C)(2)(d) of the Zoning Ordinance, which requires that parking spaces within garages for multi-family dwellings shall not be considered as required parking unless such spaces are freely available for use by all residents and their visitors and from Section 26 (C)(1)(b)(8)(1) and Chart 4 which require 1.5 parking spaces for each dwelling unit with 1 bedroom and 1.1 parking spaces per bedroom for each dwelling unit with 2 or more bedrooms for multi-family residential uses. The request is pertaining to property in a Residential Multi- Family (RM-16) zone located along the south side of Manson Pike west of Fortress Boulevard.

2 c. Application Z by Ms. Marcia L. Richmond, is requesting a variance from Chart 2 (Minimum Lot Requirements, Minimum Yard Requirements, and Land Use Intensity Ratios) of the Zoning Ordinance, which requires a 25-foot minimum rear building setback for principal structures in the RS-12 zone for property located at 2005 Look Rock Court. The applicant is requesting a 10-foot variance to the minimum required 25-foot rear building setback for a proposed addition to the principal structure. The applicant is also requesting a 0.75-foot variance to the minimum required 25-foot rear building setback for an existing encroachment into the rear building setback by the existing principal structure. Special Use Permit Amendment Request d. Application Z by Ms. M. Elizabeth Sharp, is requesting an amendment to a special use permit originally approved on February 14, 1996 allowing the establishment of a home-based business (a beauty shop) at 1803 Leaf Avenue. The subject property is located in a Residential Single-Family (RS-15) zone. The applicant wishes to amend the original special use permit in order to change several aspects of the approved use, including increasing the days and hours of operation for the business as well as the total number of hours she is allowed to operate her business per week. Special Use Permit Requests e. Application Z by Mr. Salvatore Vasile, is requesting a special use permit in order to construct an accessory apartment in a Residential Single-Family (RS-12) zone for property located at 1914 Bridget Drive. f. Application Z by Mr. Dan Onkst, for Boy Scout Troop 197 of Fellowship United Methodist Church, is requesting a special use permit in order to operate a temporary outdoor vending establishment (Christmas tree sales) at an institutional group assembly use (a place of worship) in a Residential Single-Family (RS-15) zone for property located at 2511 New Salem Highway. g. Application Z by Mr. Mike Jones, for the North Boulevard Church of Christ Men s Ministry, is requesting a special use permit in order to operate a temporary outdoor vending establishment (Christmas tree sales) in a Commercial Highway (CH) zone for property located at 1266 Northwest Broad Street.

3 h. Application Z by Mr. Jim McLeod, for Santa s Trees, Inc., is requesting a special use permit in order to operate a temporary outdoor vending establishment (Christmas tree sales) in a Commercial Highway (CH) zone for property located at the northeast corner of Memorial Boulevard and Airport Road. 4. Staff Reports and Other Business 5. Adjourn

4 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS OCTOBER 26, 2011 Application: Location: Applicant: Zoning: Request: W South and west of the Forrest Pointe and Saratoga Park Subdivisions (part of Tax Map 102, Parcel 48.01) Mr. Jim Wood, for the Saratoga Park Homeowners Association Residential Multi-Family (RM-16) A partial exemption from the weeds and grass ordinance. It is requested that a portion of the property return to a natural state or as a wilderness area.

5 The Board will recall that at the July and September regular BZA meetings the Planning and Legal Staffs informed the Board of an ordinance that was passed earlier this summer pertaining to exemption requests from City Code Section 14-53, also known as the Weeds and Grass Ordinance. The Legal Department prepared a memo prior to the September meeting summarizing the new ordinance and the process for requesting an exemption. This memo has been included in the agenda materials this month as well for the Board s reference. The subject property is part of Tax Map 102, Parcel It is owned by the Saratoga Park Homeowners Association and is a part of the common area of the Saratoga Park Subdivision. The Saratoga Park Subdivision is located west of Southeast Broad Street and south of Middle Tennessee Boulevard. Access into the subdivision is via Southeast Broad Street. According to the applicant, the total area of the parcel in question is 22 acres; however, the applicant is seeking an exemption on an approximately 10-acre portion of the parcel. The portion of the property that is not a part of this request for exemption is the portion south of Lytle Creek and the portion adjacent to the residential lots in Saratoga Park. It houses the various amenities used by the Saratoga Park residents, including tennis courts, a swimming pool, and a walking trail. The portion of the property that is being requested for exemption is along the north side of Lytle Creek and is more remote from the portion of the common area with the amenities. The approximately 10-acre area being requested is directly adjacent to the neighboring Forrest Pointe Subdivision. It abuts lots on Forrest Pointe Drive, Boone Court, and Nathan Court. The applicant is requesting that this 10-acre area be allowed to return to a natural state or to a wilderness area. Included with the agenda materials is the letter from the applicant outlining his request and the reasons for his request. Staff has also included for the Board s reference the correspondence that has been received from neighboring property owners objecting to the request. After a presentation by the applicant, the Board needs to hold a public hearing on this matter and then determine whether or not to grant the exemption request. Mr. Wood and Mr. Rick Cantrell, both representing the Saratoga Park Homeowners Association, will be in attendance at the meeting to answer any questions that the Board may have. Members of the Planning, Engineering, Building and Codes, and Legal Staffs will also be available.

6 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS OCTOBER 26, 2011 Application: Location: Applicants: Zoning: Requests: Z Along the south side of Manson Pike west of Fortress Boulevard Mr. Derek Wheeler, for Integra Creek, LLC Residential Multi-Family (RM-16) and Gateway Design Overlay District (GDO-1) A variance from Section 26(C)(2)(d) of the Zoning Ordinance, which requires that parking spaces within garages for multi-family dwellings shall not be considered as required parking unless such spaces are freely available for use by all residents and their visitors and from Section 26 (C)(1)(b)(8)(1) and Chart 4 which require 1.5 parking spaces for each dwelling unit with 1 bedroom and 1.1 parking spaces per bedroom for each dwelling unit with 2 or more bedrooms for multi-family residential uses.

7 The subject property is located along the south side of Manson Pike west of Fortress Boulevard. It is currently a part of a larger tract that extends all the way east to Fortress and borders the Puckett Station Subdivision to the southwest. In addition, there is an existing apartment complex to the southeast. Staff has included photographs of the subject property, as well as the surrounding land uses, for the Board s reference. The property in question was re-zoned to RM-16 (Residential Multi-Family) earlier this year. The property is also located in the Gateway Design Overlay District (GDO-1) and is subject to initial design review and final design review by the Planning Commission. The applicant has a contract on the property and would like to construct an apartment complex, which he is calling Integra Creek Apartments. The Planning Commission has already granted initial design review approval for the proposed development. In addition, at its September meeting, the BZA approved a 2.5-foot height variance for the proposed 3-story apartment buildings. After initial design review, the Planning Staff observed that the proposed development did not meet minimum parking requirements, and the applicant subsequently filed this variance request. Included in the agenda materials is a letter from the applicant addressing Section 10 of the Zoning Ordinance and a site plan of the proposed development.

8 Chart 4 of the Zoning Ordinance requires that multi-family residential developments provide 1.5 parking spaces for each dwelling unit with 1 bedroom and 1.1 parking spaces per bedroom for each dwelling unit with 2 or more bedrooms. Based on this formula, the proposed apartment complex is required to provide 553 parking spaces. The site plan shows only 467 parking spaces (not including handicapped spaces and garages), meaning that the proposed development has a deficit of 86 parking spaces. The site plan shows a total of 92 garage spaces. By ordinance, garage spaces that are not freely available for use by all residents and visitors are not allowed to count toward the minimum parking requirements. If the garage spaces were allowed to count toward the minimum requirements, the proposed development would have a surplus of six (6) parking spaces. The applicant is requesting a variance from the minimum parking requirements for multifamily residential developments as well as the provision that the garage spaces are not allowed to count toward the minimum requirements. The formula currently used to determine parking requirements for multi-family residential developments was adopted in early Prior to that time, multi-family residential developments were required to provide 1.5 parking spaces for each dwelling unit with 1 bedroom and 2 parking spaces for each dwelling unit with 2 or more bedrooms. The impetus for the amendment was the proliferation of apartment complexes around the university with 3 and 4 bedroom dwelling units, some units being rented out by the room. The applicant notes in his submittal that he expects the majority of his tenants to be working professionals and not students. Tabulations he has provided show that using the pre-2006 parking requirements, the proposed development would be required to provide 480 parking spaces, which is only thirteen (13) more than shown on his site plan. Section 26 of the Zoning Ordinance was further amended in The 2009 amendment included specific language that garages that were not freely available to all residents and visitors could not be counted toward the minimum parking requirements. The reason this provision was included was to prevent garages that might be utilized for storage purposes instead of vehicular parking from being counted toward the minimum parking requirements. The applicant mentions in his letter to the Board that garages are a desired amenity in Class A apartment complexes, and he wishes to provide this amenity to the future tenants. He has indicated that there will be lease restrictions placed on the rental of the garages that they cannot be used for storage only. Staff would also expect this provision of the lease to be strictly enforced by management. In addition, Staff feels that this would also be an appropriate condition to place on the approval of the variance request.

9 If the Board wishes to approve these requests, staff recommends that any approval be subject to the following conditions: 1) The Planning Commission must grant final design review/site plan approval for the proposed development. 2) All proposed garages are to be used for vehicular parking. They are not to be used as storage units. Each of the variance requests will require separate motions. Mr. Wheeler will be in attendance at the meeting to answer any questions that the Board may have.

10 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS OCTOBER 26, 2011 Application: Address: Applicant: Zoning: Requests: Z Look Rock Court Ms. Marcia L. Richmond Residential Single-Family (RS-12) A variance from Chart 2 (Minimum Lot Requirements, Minimum Yard Requirements, and Land Use Intensity Ratios) of the Zoning Ordinance, which requires a 25- foot minimum rear building setback for principal structures. The applicant is requesting a 10-foot variance to the minimum required 25-foot rear building setback for a proposed addition to the principal structure. The applicant is also requesting a 0.75-foot variance to the minimum required 25-foot rear building setback for an existing encroachment into the rear building setback by the existing principal structure.

11 The subject property, 2005 Look Rock Court, is located within the Garrison Cove Subdivision, which is east of Lascassas Pike and north of North Rutherford Boulevard. There is an existing single-family home on the subject property. The applicant has plans to construct a sunroom addition to the rear of the existing single-family residence. The proposed sunroom will encroach into the rear setback by approximately 10-feet; therefore, the applicant is seeking a rear setback variance. Included with the agenda materials is a letter from the applicant addressing Section 10 of the Zoning Ordinance, as well as a plot plan and building plans depicting the addition. The applicant has also included a letter from several of her neighbors stating that they have no objection to her proposed plans. Photographs of the existing conditions and the surrounding neighborhood have been included by Staff for the Board s reference. The subject property is zoned RS-12 (Residential Single-Family) and is surrounded on all four (4) sides by single-family residential uses. The applicant has an upper deck and a lower deck at the rear of her house leading from the house down to her swimming pool. She would like to demolish the upper deck and replace it with a new sunroom addition, which will be approximately 318 square-feet. The approximate size of the addition is 12 x The existing house, which is on a cul-de-sac, was not constructed parallel to the rear property line. As a result, the northwest corner of the addition is proposed to

12 encroach approximately 10-feet into the required rear setback, while the southwest corner of the addition will not encroach into the rear setback at all. The Board will note that shown on the site plan is a 3.5 -wide landing and stairway encroaching further into the required rear setback than the proposed addition. No additional variance is needed for this landing/outside stairway, however, because outside stairways are exempt from the setback requirements as long as they do not project more than 4 from an exterior wall. In her letter, the applicant addresses the standards and proof required for variances. She states that the angle at which the house was built leaves very little room to expand to the rear of her house. She also mentions that only a portion of the addition is proposed to encroach into the required rear setback. In addition, Ms. Richmond mentions that the house was existing at the time that she purchased it. She points out that it was built about off of the front setback line. Had the house been built closer to the front setback line by the builder, it is likely that the proposed addition currently before the Board would be able to comply with the required 25 rear setback requirement and that the presently-requested variance would not be needed. On a side note, the survey submitted with the application indicates that the northwest corner of the existing principal structure is only off of the rear property line. The existing principal structure was built in Independent of the request involving the proposed addition, the applicant is also requesting a rear setback variance of 0.75 for the existing principal structure. Despite the fact that the encroachment of the principal structure into the rear setback is minimal, staff advised the applicant to apply for this variance as well as somewhat of a housekeeping matter. If this variance is approved, it could help to avoid potential problems in the future when the property is sold or refinanced. If the Board approves the variance request pertaining to the proposed addition, staff recommends the following condition: 1) A surveyor will be required to help lay out the footing of the building and a surveyor s certification must be provided that the building addition is no closer than 15-feet from the rear property line. Each of the variances requests will require separate motions. Ms. Richmond will be in attendance at the meeting to answer any questions that the Board may have.

13 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS OCTOBER 26, 2011 Application: Address: Applicant: Zoning: Request: Z Leaf Avenue Ms. M. Elizabeth Sharp Residential Single-Family (RS-15) An amendment to a special use permit originally approved on February 14, 1996 allowing the establishment of a home-based business (a beauty shop). The applicant wishes to amend the original special use permit in order to change several aspects of the approved use, including increasing the days and hours of operation for the business as well as the total number of hours she is allowed to operate her business per week.

14 The subject property, 1803 Leaf Avenue, is located on the west side of Leaf Avenue north of Huntwood Street. There is an existing single-family residence on the subject property, and it is surrounded primarily by various types of single- and multi-family residential uses, although a little further to the north along East Northfield Boulevard is a small commercial node. The applicant was approved in 1996 to operate a beauty shop out of her home as a home-based business. She is requesting an amendment to the original 1996 special use permit approval in order to increase the days and hours she is allowed to operate as well as the total number of hours she is allowed to operate her business per week. She has submitted a letter addressing Sections 8 and 9 of the Zoning Ordinance, as well as a site plan of the subject property, a floor plan of the existing salon, and a petition from some of her neighbors in support of her application. Staff has also included photographs of the subject property and the surrounding property for the Board s reference, as well as documentation pertaining to the original 1996 approval. In February 1996, the applicant was granted a special use permit by the Board for a home-based beauty shop. Approval was conditioned upon the business operating approximately 25 hours per week and on Wednesdays thru Saturdays 10:00 AM until 4:00 PM. It was brought to the Planning Staff s attention by a neighbor in September that the applicant was not in compliance with the above conditions. Staff subsequently

15 made contact with Ms. Sharp and reminded her of the conditions of approval from the 1996 special use permit. Ms. Sharp confirmed that she was operating outside of the parameters of her 1996 special use permit approval. Staff informed her that she must amend the original special use permit if she intends to increase the intensity of the homebased business. Staff also notified her that until such an amendment was approved, the home-based business must comply with the original conditions of approval (see the attached letter to the applicant dated September 26, 2011). Ms. Sharp then subsequently filed an application to the Board to amend her special use permit. First, she is requesting to increase her days of operation to Monday thru Saturday (instead of Wednesday thru Saturday). Second, she is requesting to increase the hours of operation to 8:00 AM until 8:00 PM (instead of 10:00 AM until 4:00 PM). Lastly, she is requesting the ability for her salon to be in operation for a maximum of 50 hours per week (instead of 25 hours per week). She would like to work a maximum of 50 hours per week within the hours of operation that has proposed above. The above-listed amendments are the only elements of the home-based business that are proposed to change from the 1996 approval. According to calculations provided by the applicant, the existing business takes up approximately 235 square-feet (or approximately 12% of the square-footage of the existing house). She is not looking to enlarge the work space. In addition, there are no changes proposed to the existing entrance into the beauty shop, which is on the south side of the house. The applicant does not have any outside employees, nor does she propose to add any outside employees. She was required in 1996 by the BZA to add a turnaround off of her existing driveway in order to accommodate customer parking, and this turnaround appears to be adequate to serve her customers. Ms. Sharp s business was required by the BZA in 1996 to be on an appointment-only basis. She states in her current application that her business is still by appointment only and that she does not accept walk-in clients. She says that the majority of the time there is only one (1) client at her beauty shop at a time but that there are times when appointments overlap or when friends who are clients of hers may arrive together for their appointments. It appears that in 1996 the BZA did not prohibit there being more than one (1) client there at a time. Finally, there is an existing attached business sign above the entrance into the beauty shop at the side of the house. The sign is less than 3 square-feet and does not appear to be in violation. The applicant is not proposing to alter or add to the existing signage. Ms. Sharp will be in attendance at the meeting to answer any questions that the Board may have.

16 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS OCTOBER 26, 2011 Application: Address: Applicant: Zoning: Request: Z Bridget Drive Mr. Salvatore Vasile Residential Single-Family (RS-12) A special use permit in order to construct an accessory apartment The subject property, which is zoned RS-12 (Residential Single-Family) is located at the northeast corner of Bridget Drive and Sulphur Springs Road in the Thompson Square subdivision. Accessory apartments are allowed by special use permit in the RS-12 zoning district. The applicant has submitted a letter describing the request and addressing Sections 8 and 9 of the Zoning Ordinance, a floor plan of the accessory apartment, a plot

17 plan of the lot and building addition, and hand-drawn elevations of the proposed addition, all of which are included for the Board s review. Staff has also included photographs of the subject property and of the surrounding neighborhood for the Board s reference. The applicant intends to construct the accessory apartment for an elderly parent, for whom the applicant and his wife will be the primary caretakers. The proposed 23 x 36 addition will be compliant with all setback and bulk requirements, per the plot plan submitted. The subject lot extends all the way to Sulphur Springs Road, but the majority of the lot is a recorded drainage easement. The plot plan shows that the proposed building addition will not encroach into the drainage easement. The proposed addition will be constructed on the west side of the house, at the rear of the existing driveway. It will consist of both the accessory apartment and a new 1-car garage (for use by the applicant and his family). The new 1-car garage will face Bridget Drive and will be in addition to the 2-car side-entry garage that is a part of the existing structure. The apartment will consist of a full kitchen, a full bathroom, a living room, a bedroom, and a second bedroom, which will be used as a chapel room for the elderly parent. The applicant has indicated that he will attempt to construct the addition so that it will continue to appear as a single-family residence. The accessory apartment will be accessed externally from the west side of the addition, and there will be no new doors facing Bridget Drive (except for the new garage door, which is a part of the addition but not a part of the accessory apartment). He has stated that he will use the same exterior building materials, brick and vinyl siding, as the existing house. The floor plan shows that the 1-car garage will access the existing house internally via an existing door next to the existing 2-car garage. It does not depict an access point, however, for the resident of the accessory apartment to be able to access the main house without going outside of the structure. The applicant has indicated, however, that there will be a door from the accessory apartment into the new 1-car garage, which in turn will access the main house. This will allow the accessory apartment to be part of the principal structure if the use of the accessory apartment is discontinued in the future. The applicant has provided a floor plan indicating that the total square footage of the accessory apartment will be approximately 630 square-feet. The maximum allowed by the Zoning Ordinance is 700 square-feet. He has indicated in his letter that at no time will the accessory apartment be used as a rental unit to non-family members, and he has agreed in his submittal to record an addendum to the deed restricting the use of the accessory apartment to what is allowed by the Zoning Ordinance.

18 If the Board desires to approve this request, staff recommends the following conditions: 1) A deed restriction must be recorded stating that the accessory apartment will not be used for rental purposes and that it will comply with all of the standards specified in the Zoning Ordinance. 2) A surveyor will be required to help lay out the footing of the building addition and a surveyor s certification must be provided that the building addition does not encroach into the drainage easement. 3) The accessory apartment must be able to internally access the existing house. To this end, there must be a door from the accessory apartment into the new 1-car garage and a door from the new 1-car garage into the existing house. Mr. Vasile will be in attendance at the meeting to answer any questions that the Board may have.

19 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS OCTOBER 26, 2011 Application: Address: Applicant: Zoning: Request: Z New Salem Highway Mr. Dan Onkst, for Boy Scout Troop 197 of Fellowship United Methodist Church Residential Single-Family (RS-15) A special use permit in order to operate a temporary outdoor vending establishment (Christmas tree sales) at an institutional group assembly use (a place of worship). The subject property is located at the southwest corner of Salem Creek Drive and New Salem Highway. Fellowship United Methodist Church is currently located on the subject

20 property, which is zoned Residential Single-Family (RS-15). In 2008, the Zoning Ordinance was amended in order to allow Christmas tree sales by special use permit as an accessory use for institutional group assembly uses, such as places of worship, in residential zoning districts. The applicant has submitted a letter addressing Sections 8 and 9 of the Zoning Ordinance as well as a site plan of his proposed vending operation. The applicant represents the Boy Scout Troop for Fellowship United Methodist Church. This site has been approved three (3) times before ( ) for Christmas tree sales. There are two (2) existing driveways into the site from New Salem Highway. All activity associated with the tree sales will be located adjacent to the westernmost driveway. There will be two (2) 10 x 10 pop-up tents for use by the scouts and scoutmasters primarily during inclement weather. There will also be a pull-behind trailer adjacent to the sales site to store equipment and supplies. The trees will be displayed out in the open on the grassy area adjacent to the driveway and not under a tent. The applicant will utilize the electricity at the church building to provide lighting to the sales lot. There is a fire hydrant directly adjacent to the existing church building, less than 200-feet away from the sales site. The existing church restrooms on-site will be available for the workers and customers. The applicant will use the existing church solid waste facilities to dispose of trash. The site has passed its initial codes and zoning inspections. According to information provided by the applicant, the use is proposed to run from November 25, 2011 until December 22, This is within the timeframe allowed by the Zoning Ordinance (November 15 until December 28). The hours of operation will be from 5:30 PM until 9:00 PM Monday thru Friday, 9:00 AM until 9:00 PM on Saturdays, and 1:00 PM until 9:00 PM on Sundays. Parking will be located within the existing church parking lot. The applicant has stated that he expects to have no more than 8-10 customers per hour and no more than 4-6 vehicles at any given time. If the Board approves this application, staff recommends the following conditions: 1) The site must pass an electrical safety inspection prior to opening for business. An electrical permit must be purchased from the Building and Codes Department in order to obtain this inspection. 2) The tent(s) must meet all minimum building setback requirements for the RS-15 zoning district. Mr. Onkst will be in attendance to answer any questions the Board might have regarding this application.

21 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS OCTOBER 26, 2011 Application: Address: Applicant: Zoning: Request: Z Northwest Broad Street Mr. Mike Jones, for the North Boulevard Church of Christ Men s Ministry Commercial Highway (CH) A special use permit in order to operate a temporary outdoor vending establishment (Christmas tree sales) The subject site is located in the parking lot of the K-Mart at 1266 Northwest Broad Street, along the northwest side of the property fronting West Clark Boulevard. As it has the last five (5) years, the North Boulevard Church of Christ Men s Ministry is requesting a special use permit in order to sell Christmas trees. The subject property is zoned

22 Commercial Highway (CH) and a special use permit is required for temporary vending. The applicant has submitted a copy of his lease from the property owner, as well as a site plan and a letter addressing Sections 8 and 9 of the Zoning Ordinance. The inventory will be placed, as shown on the attached site plan, in a vacant grassy spot between the former Cornerstone Financial Credit Union and the driveway entering K- Mart from West Clark Boulevard. There will also be a small 8 x 8 portable building brought in and placed on-site; it will be located on the grassy area as well. This building will be used as shelter for the volunteers in case of inclement weather and for storage at night. It will not have electricity, only a portable fuel oil heater. The building will be unmanned after operating hours, as there will be no overnight security on-site. No tents are proposed for this site. The Christmas trees will be out in the open in the grassy area behind the 42-foot minimum front setback line along West Clark. The applicant will provide lighting for the display area and the source of electricity will be from a generator. There is a fire hydrant directly across West Clark Boulevard from the site. A portable toilet will be brought on-site for the duration of the selling season. The applicants will handle solid waste by keeping a garbage can on-site and emptying it off-site at the end of each business day. The site passed its initial codes and zoning inspections. According to information submitted by the applicant, the use will run from November 25, 2011 until no later than December 18, This is within the timeframe allowed by the Zoning Ordinance (November 15 until December 28). The applicant has indicated that the hours of operation will be from 1:00 PM until 9:00 PM Sunday through Friday and 9:00 AM until 9:00 PM on Saturdays. Parking will be located in the K-Mart parking lot to the south of the display area. The applicant states that he expects to average about fifteen (15) customers per day and about customers total during the duration of the selling season. The number of parking spaces used for the temporary vendor will not exceed the maximum amount allowed by the Zoning Ordinance. The Zoning Ordinance dictates that all materials, including discarded trees, tents, sales offices, garbage, etc shall be removed from the lot on or before January 2 nd and the applicant understands this requirement. If approved, staff recommends the following condition: 1) The site must pass an electrical safety inspection prior to opening for business. An electrical permit must be purchased from the Building and Codes Department in order to obtain this inspection. 2) The 8 x 8 portable building must comply with the minimum required 42-foot front building setback. Mr. Jones will be in attendance to answer any questions the Board might have regarding this application.

23 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS OCTOBER 26, 2011 Application: Location: Applicant: Zoning: Request: Z At the northeast corner of Memorial Boulevard and Airport Road Mr. Jim McLeod, for Santa s Trees, Inc. Commercial Highway (CH) A special use permit in order to operate a temporary outdoor vending establishment (Christmas tree sales) The subject property is located at the northeast corner of Memorial Boulevard and Airport Road, across the street from the Adams Place Retirement Community. The subject property is undeveloped but a part of it does have a gravel surface. The applicant wishes to operate a Christmas tree sales site on the two (2) lots depicted on the site plan

24 (both lots are under the same ownership). The applicant has submitted a letter describing his request and addressing Sections 8 and 9 of the Zoning Ordinance, as well as a site plan of the property and a letter from the property owner allowing the use of the property as proposed. This site has been approved for a seasonal fireworks tent from It has also been approved in years past for Christmas tree sales, although it has been several years since a Christmas tree vendor has been approved for the subject property. Mid-America Distributors was granted a special use permit earlier this year to sell fireworks on the subject property for both the July 4 th and New Year s selling seasons. According to the Zoning Ordinance, temporary Christmas tree vending businesses are allowed to operate with a special use permit from November 15 th thru December 28 th. The applicant proposes to operate his vending operation from November 21 st thru December 21 st, which is within the allowable timeframe. Because Mid-America has already been granted a special use permit for seasonal fireworks sales, the applicant will have to clean up the site in a timely fashion in order to allow time for his clean-up inspection before Mid-America will be allowed to begin setting up its vending operation. The applicant has stated, however, that he and Mid-America have arranged to use the same tent. The tent proposed by the current applicant is 30 x 60, but the tent that was approved in Mid- America s application earlier this year was 50 x 80. The Planning Staff will need written confirmation from Mid-America before the meeting that it intends to use the same tent as Santa s Trees and that it also intends to use a smaller tent than what was included in its application earlier this year. The aforementioned 30 x 60 tent will be placed at the north end of the existing gravel area. The tent will be used for retail sales of seasonal items such as wreaths and bows as well as storage of additional Christmas tree inventory. The Christmas tree inventory display will be placed, as shown on the attached site plan, in the vacant grassy area north of the tent as well as in front of and behind the tent. The Christmas trees will be located behind the 42-foot minimum front setback line along both Memorial and Airport. The applicant will provide lighting for the display area and the tent via a temporary electric meter on an existing power pole. There are several fire hydrants within 500-feet of this proposed vending operation. A portable toilet will be brought on-site for the duration of the selling season. The applicant s trucks will haul off trash and debris on a daily basis. The site passed its initial codes and zoning inspections. Although the tent and parking area are proposed to be located on a gravel surface, this is an existing gravel lot that has been grandfathered in for temporary vending purposes. Staff has inspected the property and there appears to be adequate space for parking for the proposed Christmas tree sales site at this location. Portions of the travel surface, as well as the area where the tent is proposed to be located, have become overgrown with weeds and grass. The applicant will need to make sure during his set-up that there are no weeds and grass in these areas. The applicant states that he expects to average about fifty (50) customer visits per day during the week and about one-hundred (100) customer visits per day on the weekends. He has indicated that the traffic patterns for Christmas tree sales are much different than that of fireworks sales. He says that the traffic volume

25 during the peak fireworks selling season is much greater than that of Christmas tree sales. Christmas tree sales occur on a steadier basis throughout the entire selling season, he has indicated, as opposed to one or two busy days. Staff does have several concerns related to traffic that will need to be addressed in the set-up of the site. This sales site encompasses a larger area than the fireworks sales site. There are several existing ramps off of Memorial Boulevard entering the grassy area of the site adjacent to the proposed inventory display area north of the tent. Staff does not want there to be vehicular ingress/egress via these ramps or parking on this grassy area. To this effect, the City Traffic Engineer has recommended that cones be placed at these ramps to keep patrons from using them. In addition, to further discourage vehicular travel in this area, the City Traffic Engineer has recommended that some type of barrier be placed in front of the Christmas tree inventory area, such as construction fencing. Appropriate directional signage, directing patrons to use the correct ramps, may be needed as well. If approved, staff recommends the following conditions: 1) The site must pass an electrical safety inspection prior to opening for business. An electrical permit must be purchased from the Building and Codes Department in order to obtain this inspection. 2) The tent must comply with the minimum 42-foot front setback requirement. A tent permit must be purchased from the Building and Codes Department. 3) Per the recommendations of the City Traffic Engineer, the existing ramps along Memorial Boulevard in front of the proposed Christmas tree sales inventory display area must be coned off to discourage motorists from entering the site at these locations. In addition, a barrier must be placed in front of the Christmas tree inventory display area, such as construction fencing, and appropriate directional signage must be used to direct patrons to use the correct ramps into existing gravel parking area. 4) There can be no weeds or grass growing up through parking lot or in the area where the tent is proposed to be located. Such weeds and grass must be removed before the applicant can begin operation. Mr. McLeod will be in attendance to answer any questions the Board might have regarding this application.