CITY OF MURFREESBORO BOARD OF ZONING APPEALS

Transcription

1 CITY OF MURFREESBORO BOARD OF ZONING APPEALS Regular Meeting, January 29, 2014, 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 December 19, New Business Sign Variance Request a. Application S by Mr. Rodney Jarvis of Jarvis Award, Sign, & Flag Co., for Mr. Ed Freeman of The Freeman Group, is requesting a variance from Section 25¼-24 (A)(22) of the City of Murfreesboro Sign Ordinance which prohibits a sign placed in or over a public utility or drainage easement on property located at 2079 Lascassas Pike. Special Use Permit Requests b. Application Z by Ms. Sukeeta Duncan, is requesting a special use permit in order to conduct a home occupation (a real estate office) at her residence located at 2721 Jim Houston Court. The property is located in a Residential Single-Family (RS-15) zone. (This application has been WITHDRAWN.) c. Application Z by Ms. Trisha Hopkins, is requesting a special use permit in order to conduct a home occupation (a hair salon) at her residence located at 819 South Baird Lane. The property is located in a Residential Single-Family (RS-10) zone. d. Application Z by Mr. Mike Cullen, is requesting a special use permit in order to conduct a home occupation at his residence located at 1207 Azure Way. The property is located in a Residential Single-Family (RS-12) zone. The home occupation consists of group instruction for people convicted of driving under the influence or reckless endangerment.

2 e. Application Z by Mr. Joe Swanson, Jr. of Swanson Developments, LP, for Victory Christian Center of Murfreesboro, Inc., and Dr. Michael Hein, for Redeemer Classical Academy, are requesting a special use permit in order to expand an existing institutional group assembly use (a private school) in a Residential Single-Family (RS-10) zone for property located at 1503 Sulphur Springs Road. The applicants are requesting approval to locate one (1) additional portable classroom building on the subject property for the school year. 4. Staff Reports and Other Business 5. Adjourn

3 Regular Meeting Minutes of the Murfreesboro Board of Zoning Appeals December 19, :00 P.M. City Hall, Council Chambers MEMBERS PRESENT Davis Young, Vice-Chair Julie R.P. King Ken Halliburton Frances Mosby MEMBERS ABSENT John Rodgers, Chair STAFF PRESENT Matthew Blomeley, Principal Planner David Ives, Assistant City Attorney Brenda Davis, Recording Assistant Vice-Chairman Young called the meeting to order at 1:00 p.m. The minutes for the November 21, 2013 regular meeting were approved as submitted. New Business: Variance Requests Application Z by Mr. Thomas Steffen for DR Horton, Inc., is requesting a 3 variance from the minimum required 25 rear building setback for principal structures, as stated in Chart 2 (Minimum Lot Requirements, Minimum Yard Requirements, and Land Use Intensity Ratios) of the City of Murfreesboro Zoning Ordinance, for property located in a Residential Single-Family (RS-10) zone at 5133 General Patton Avenue (also identified as Lot 200 of the Liberty Valley Subdivision). Mr. Blomeley reviewed the application and the Staff comments contained in the BZA agenda package. Mr. Steffen was present to answer questions. Vice-Chairman Young asked Mr. Blomeley if there was a patio or deck off the back of the house.

4 BZA Minutes Regular Meeting December 19, 2013 Mr. Blomeley said yes there is a patio. He added that since the patio is not covered it can encroach into the rear setback Mr. Steffen said the proposed house he is trying to fit on this lot is his company s smallest house plan. Another reason they are requesting this variance is because they have a contract for this house plan on this lot. The neighboring, existing house to the south is the buyer s daughter s, so they are trying to accommodate several situations. Vice-Chairman Young opened the public hearing. Mr. Howard Wall, owner and general partner of Liberty Heights said that he checked with immediate neighbors in the area and said they have absolutely no problem with this variance. He said there have not been any calls at his company or the management company concerning this. He said that he hopes the Board will approve it. There being no one else to speak for or against the request, Vice-Chairman Young closed the public hearing. Ms. Mosby made a motion to approve the request. The motion was seconded by Ms. King and carried unanimously in favor. Application Z by Mr. Wayne Belt for Believers Chapel, Inc., is making the following requests for property located in the Commercial Highway (CH) and Residential Multi-Family (RM-16) zones at 1820 South Rutherford Boulevard: A 32 variance from the minimum required 42 front building setback for principal structures, as stated in Chart 2 (Minimum Lot Requirements, Minimum Yard Requirements, and Land Use Intensity Ratios) of the City of Murfreesboro Zoning Ordinance; Pertaining to proposed heating and air equipment, a variance from Section 25(E)(5) of the City of Murfreesboro Zoning Ordinance which states that in all commercial and industrial districts, accessory structures and uses shall comply with the same front setback as is required for the principal structure; Pertaining to proposed heating and air equipment, a 32 variance from the minimum required 42 front building setback for accessory structures as stated in Chart 2 (Minimum Lot Requirements, Minimum Yard Requirements, and Land Use Intensity Ratios) of the City of Murfreesboro Zoning Ordinance; and A variance from Section 27(L)(1)(b) and Table 1 of the City of Murfreesboro Zoning Ordinance, which states that a Type C buffer zone is required to be planted when property in a Commercial Highway (CH) zone abuts property in a Residential Multi-Family (RM-16) zone. 2

5 BZA Minutes Regular Meeting December 19, 2013 Mr. Blomeley reviewed the application and the Staff comments contained in the BZA agenda package. Mr. Halliburton asked if this was a side lot line versus a front lot line what would be the side setback requirement. Mr. Blomeley said if Commercial Highway abuts Commercial Highway then there is a 0 side setback as long as they can meet fire rating requirements. Mr. Belt was present to answer questions. Ms. King asked if there currently is a requirement for a buffer in the RM-16 zone. Mr. Blomeley said no because the adjacent Black Fox Crossing residential development is also zoned RM-16. Because the properties have the same zoning, no buffer is required by ordinance. The level of buffering is determined by adjacent zoning classifications. He said that is why the buffer is required along the 120-foot segment because that 120- foot segment is zoned Commercial Highway. Mr. Halliburton asked if there was a need to eliminate the dual zoning of this lot. Mr. Blomeley said it is kind of a remnant of the zoning master plan established for this area before development plans had been submitted. It would be up to the applicant whether or not he would want to attempt to rezone the CH portion to RM-16. Mr. Halliburton said if he did that he would be eliminating at least one of these requests. Mr. Blomeley agreed. At this point, however, because a church is permitted by right in both zoning districts; his preference now is to ask for the variance instead of the rezoning. Vice-Chairman Young asked if the 10-foot setback variance has to do with the flag lot. Mr. Blomeley said yes, that the 42-foot front setback requirement is a function of this being a flag lot. Mr. Blomeley said the front setback requirements may be more applicable in other instances where there is a more direct viewshed to public right-of-way or when you have a building that is within closer proximity (for instance if the office development to the north was closer to the property line as opposed to a parking area being there). Mr. Blomeley said the applicant is looking at his circumstances for this particular lot. In the applicant s opinion, the 42-foot front setback is not warranted in this instance. Mr. Belt said they are completing a master plan for the remainder of the property, so they would know how many additional buildings can be built. He said their attendance is 3

6 BZA Minutes Regular Meeting December 19, 2013 good so they need some additional parking. The back of the neighbor s building located in Hyde Park is 80 feet from the church property line. Mr. Belt said a buffer of trees was planted between the church property and Black Fox subdivision. Mr. Belt said there is a privacy fence located west of the children s wing that runs to the 42-foot front setback line. The HVAC units are located behind the fence out of view from the neighbors to the west. Mr. Belt showed photos of the privacy fence, trees, and the church s property line. Mr. Belt said any additional buildings built would need to be sprinkled. He showed where the waterline that feeds the main building is located stating it comes out of Black Fox Crossing into the back of the building. Mr. Belt said there is also a water line on the front from Rutherford Boulevard that connects to a fire hydrant. In order to tie the two water lines together, the church would have to spend approximately $50,000 so that future buildings can be sprinkled. The master plan for the church is to install the infrastructure for the water this spring. Mr. Belt said once the water infrastructure is installed, they can determine where the buildings will go. Mr. Belt also showed pictures taken from the neighbor s patios facing toward the children s wing of the church to show what the neighbors see. Vice-Chairman Young opened the public hearing. Mr. Tom Booth, 1928 Black Fox Crossing, passed out a letter to the Board Members asking the following conditions be considered if the variances regarding the HVAC and landscaping are approved: 1) Maintain a Type C buffer or more. 2) Installation of new HVAC be placed between the proposed buildings instead of at the rear of the buildings abutting Black Fox Crossing. 3) Enhance the natural buffering in the RM-16 area. He said the current RM-16 buffering is inadequate with regard to aesthetics and sound abatement. He said it is rather noisy as there are four commercial HVAC units running either heat or air conditioning. Mr. Booth said he does not object to the church s expansion, but would like consideration on some reasonable conditions. He also suggested that bushes be planted by the current units on the church side of the privacy fence to help buffer noise from the units. There being no one else to speak for or against the request, Vice-Chairman Young closed the public hearing. Mr. Belt said the HVAC units have been there for over 20 years. Mr. Belt said the Type C buffer would only be 120-feet long and a portion of that would be in a drainage ditch. As far as buffering for sound, Mr. Belt does not think it is a reasonable request. When you buy property next to a church, you can expect commercial units. Turning it the other way and moving it 10-feet would not make any difference. Mr. Belt said the church has the right to have the HVAC units sitting on the back. 4

7 BZA Minutes Regular Meeting December 19, 2013 Mr. Booth said the children s building and HVAC units were not there when he moved there 10 years ago. Vice-Chairman Young asked Mr. Booth to address the Board, instead of Mr. Belt. Mr. Booth said it is not aesthetics they are talking about, but sound issues. He said the buildings are not used a whole lot but the units are running to keep the building heated or cooled twelve months a year. Vice-Chairman Young verified with Mr. Blomeley that the setback variances the Board is reviewing today pertain to the north property line only. He added that the building is meeting setbacks along the western property line and there is not a tool this Board has to say the church cannot put the HVACs there. Mr. Blomeley said the setback variance requests pertain to the building and HVAC equipment as it relates to the northern property line, which is adjacent to the office complex. Mr. Blomeley said the Board has the ability to place reasonable conditions on the buffer variance along the western property line. The first three variances are as it relates to the northern property line only. Vice-Chairman Young referred to the future building that would attach to the children s wing and asked if the church decided to place the HVAC equipment on the west side of the building, would the Board have any say over this? Mr. Blomeley said the smaller future building is zoned RM-16. He said the only building that is zoned Commercial Highway and is adjacent to where a Type-C buffer would be required is the northernmost larger building that is proposed in the corner of the property. If the church wanted to move forward with the smaller future building adjacent to the children s education wing, they would be able to do so by right without any of the requested variances. Mr. Halliburton made a motion to approve the request for a 32 variance from the minimum required 42 front building setback for principal structures, as stated in Chart 2 of the City of Murfreesboro Zoning Ordinance. The motion was seconded by Ms. Mosby and carried unanimously in favor. Ms. Mosby made a motion to approve a variance, pertaining to proposed heating and air equipment, from Section 25(E)(5) of the City of Murfreesboro Zoning Ordinance which states that in all commercial and industrial districts, accessory structures and uses shall comply with the same front setback as is required for the principal structure. The motion was seconded by Ms. King and carried unanimously in favor. 5

8 BZA Minutes Regular Meeting December 19, 2013 Before the vote, Vice-Chairman Young asked for clarification regarding the request. Mr. Blomeley said that the applicant is not proposing to put the HVAC equipment to the north of the building but it would be on the west side of the building within the 42 front setback. Ms. King made a motion to approve a 32 variance, pertaining to proposed heating and air equipment, from the minimum required 42 front building setback for accessory structures as stated in Chart 2 of the City of Murfreesboro Zoning Ordinance. The motion was seconded by Mr. Halliburton and carried unanimously in favor. Mr. Halliburton asked if the Board approves the landscape variance, should it subject to the existing fence being extended to the north property line? Mr. Blomeley said that Mr. Belt indicated that the fence stops around the 42 front setback. If that is made a condition of approval, it would need to be extended a little further north. Mr. Blomeley said that would need to be subject to the fence being able to coincide with any drainage or utility infrastructure. Mr. Halliburton asked if the application includes the fence being extended. Mr. Blomeley said Mr. Belt does not have plans to extend the fence any further. Mr. Halliburton asked if that was because of the waterline coming through. Mr. Blomeley asked Mr. Belt to explain. Mr. Belt said the fence stops 42 from the north property line. Mr. Halliburton verified it is already that far. Mr. Belt said the church will be subject to whatever the Board tells them to do but due to drainage or utility infrastructure, it may be more practical to do some landscaping or other screening north of the existing fence, rather than extending the fence. He said that the church doesn t want the units to be seen so they will block them but would prefer to have the type of screening determined after the plans have been completed. Mr. Blomeley showed the BZA photographs of the backs of 1938 and 1940 Black Fox Crossing. These are the lots where the buffer would be required along the property line. Vice-Chairman Young asked for further clarification about the fence and landscaping. 6

9 BZA Minutes Regular Meeting December 19, 2013 Mr. Halliburton said it is hard to tell from the pictures whether the fence is an adequate screen. Mr. Belt showed another picture and pointed out where the fence ends. The church will extend this north as much as they can without impeding the drainage. Vice-Chairman Young asked if the fence is all that is proposed on the church s plans and not any additional trees. Mr. Belt said yes. Mr. Halliburton made a motion to approve a variance from Section 27(L)(1)(b) and Table 1 of the City of Murfreesboro Zoning Ordinance, which state that a Type C buffer zone is required to be planted when property in a Commercial Highway (CH) zone abuts property in a Residential Multi-Family (RM-16) zone subject to the following condition: 1) If drainage and utility infrastructure will allow, the existing wood privacy fence shall be extended to the northern lot line. Appropriate plant materials may be substituted for the fence extension if necessary. The motion was seconded by Ms. Mosby and carried unanimously in favor. Mr. Blomeley asked for clarification of the condition of approval. He asked if the Board wanted to extend the fence as far north as it can go without affecting drainage and utilities. Mr. Halliburton said he would think so. It sounds like Mr. Belt is agreeable to that; he just doesn t know where that end is going to be at this point without more detailed plans. Mr. Belt agreed. Special Use Permit Request Application Z by Mr. Matt Taylor of Site Engineering Consultants, Inc., for Saint Paul s Episcopal Church, is requesting a special use permit in order expand an existing institutional group assembly use (a church) for property located in the Commercial Highway (CH) and Residential Single-Family (RS-8) zones at 315 East Main Street. Mr. Halliburton said that he would abstain from the discussion and vote on this application because he is a member of this church. 7

10 BZA Minutes Regular Meeting December 19, 2013 Mr. Blomeley reviewed the application and the Staff comments contained in the BZA agenda package. If the Board approves the application, Staff recommends the following condition: 1) A Type A buffer is required along the eastern property line adjacent to 320 East College Street. This buffer must maintain a width of 10 except where there are existing parking spaces. The plant materials in the buffer must be appropriate with respect to the overhead power line. Mr. Taylor was present to answer questions. Mr. Taylor also indicated that the architect and a representative from the church were also present. Vice-Chairman Young opened the public hearing. There being no one to speak for or against the request, Vice-Chairman Young closed the public hearing. Ms. King made a motion to approve the request with the following condition: 1) A Type A buffer is required along the eastern property line adjacent to 320 East College Street. This buffer must maintain a width of 10 except where there are existing parking spaces. The plant materials in the buffer must be appropriate with respect to the overhead power line. The motion was seconded by Ms. Mosby and carried unanimously in favor with one abstention (Mr. Halliburton). Staff Reports and Other Business Request by Mr. Mike Cullen for a waiver by the BZA, in accordance with Section 8(H) of the City of Murfreesboro Zoning Ordinance, of the requirement that, if an application for a special use permit is denied by the BZA, a reapplication pertaining to the same property and requesting the same special use permit may not be filed within 18 months of the date final action was taken on the previous application. The special use permit in question was in order for the applicant to conduct a home occupation at his residence located in a Residential Single-Family (RS-12) zone at 1207 Azure Way. The home occupation consisted of group instruction for people convicted of driving under the influence or reckless endangerment. Mr. Blomeley reviewed the application and the Staff comments contained in the BZA agenda package. Mr. Cullen said he was denied a special use permit because of two problems. One problem was the street. Mr. Cullen said he is not going to allow any parking on the street as all parking will be in his driveway. Mr. Cullen said each student calls him to register for the class. At that time, he will ask them if they plan to drive or be dropped off. Once he gets four people to say they are going to drive, then anybody else will have to make arrangements to be dropped off. The other problem was how this would affect the 8

11 BZA Minutes Regular Meeting December 19, 2013 neighborhood. He said there is a convenience store in the center of the subdivision. He shares a property line with a large church to the rear of his property. The church holds classes on Wednesday evenings and two services on Sundays. He said there is another church located about 0.2 miles from his property. Going in the other direction, there is a third church just right up the road across the street. Mr. Cullen said it is not a quiet neighborhood as there is a fire station 0.1 miles from his property on Cason Lane. He said they are called out about 20 times a day. He said he has gone to all his neighbors and they said they didn t even know he was doing this business. The neighbors don t object to it now or for the future. None of the neighbors have children except for one and he is about 10 years old. Mr. Cullen said the students come in and spend 4 or 5 hours there every 3 weeks. Mr. Cullen showed the Board the instruction book he uses for teaching the classes. He said most of the people in his class on drugs are on prescription drugs prescribed by physicians. He said the front of his property is 109 wide and the road is about 36 wide. These classes are for people that have been charged with reckless endangerment or DUI. There aren t people doing heroin, cocaine or anything like that, it is just medication that doctors have prescribed. Mr. Cullen asked for an opportunity to come back to the BZA next month to present some more information. He said there are others in this neighborhood that have home-based businesses for selling Tupperware, medical billing for doctors, creating web-sites, and selling insurance. He added the homeowners association allows some types of businesses in the homes but they cannot have a sign. Vice-Chairman Young said he has not seen too many of these waivers since he has been on the Board. He said every residential area is unique, but he does not know if, from what he has heard, this application would be a whole lot different from the last time. He said it sounds like he notified more of his neighbors. Vice-Chairman Young said he is ok hearing the waiver but does not know if he has heard anything that would change his decision from the last time. Mr. Cullen said one of the two reasons he was given for denying the application was the parking which he has eliminated. Another reason was the environment of the neighborhood. He said it is not a quiet neighborhood with the fire department, and the neighbors around him did not even know he was doing this business. He has signatures from the neighbors stating they don t have a problem with the business in his home. He said he is not really bothering anybody. With the church behind him holding classes and the other two churches giving counseling on marriage, financial, and drug & alcohol problems, he is not doing anything any different. Ms. King said she is not opposed to grant a waiver to allow Mr. Cullen to have an opportunity to be heard on this again and to allow another public hearing. She has similar questions as she did last time but at this time but since Mr. Cullen has presented more information, she is not opposed to allowing him to re-apply. 9

12 BZA Minutes Regular Meeting December 19, 2013 Vice-Chairman Young asked if a motion is needed. Mr. Ives said yes. Ms. King made a motion to grant the requested waiver. The motion was seconded by Mr. Halliburton and carried unanimously in favor. (Prior to the vote, the following additional discussion took place.) Mr. Halliburton asked the distance from the subject property the City mails notices for a public hearing. Mr. Blomeley said notices are mailed to all property owners within 250 feet of the subject property. If the property is not owner occupied, the notices are mailed to the tenant as well. Mr. Halliburton said in this case, that might be three houses down from the subject property. Mr. Blomeley said that is approximately correct. Mr. Ives added the 250 feet would be in a circle from the subject property. Mr. Halliburton said he does not have a problem with Mr. Cullen coming back to the Board. Mr. Halliburton said he was concerned about the upkeep of Mr. Cullen s property, which was brought up as an issue at the last public hearing. Mr. Halliburton told Mr. Cullen that he needs to try and reach out to the people who spoke at the last public hearing and make sure they are comfortable with the request also. Mr. Cullen said he is disabled and has trouble walking to and from the car so he has been paying someone to maintain his lawn for the last two years. He explained the problem with the gate that was discussed, stating the doors were so heavy they started to wobble. After being notified by Monty Kapavik of the Building and Codes Department that this was a codes issue, Mr. Cullen said that he took the gates down. Mr. Halliburton cautioned that anytime you ask for an exception for something different in a neighborhood, you need to go to the extra effort to be a good neighbor. Mr. Cullen said he almost wrote the woman who spoke at the July public hearing a letter but decided to leave her alone. 10

13 BZA Minutes Regular Meeting December 19, 2013 The meeting adjourned at 2:38 P.M. CHAIRMAN SECRETARY 11

14 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS JANUARY 29, 2014 Application: Address: Applicant: Zoning: Request: S Lascassas Pike Mr. Rodney Jarvis of Jarvis Award, Sign, & Flag Co., for Mr. Ed Freeman of The Freeman Group Planned Unit District (PUD) A variance from Section 25 ¼-24 (A)(22) of the City of Murfreesboro Sign Ordinance which prohibits a sign placed in or over a public utility or drainage easement The Applicant, Rodney Jarvis representing Jarvis Award Sign-Flag Company for StorPlace Self Storage, is requesting a variance from Section 25 ¼-24 (A)(22) of the City of Murfreesboro Sign Ordinance which prohibits a foundation or signs placed in or over a public utility or drainage easement without consent of the easement holder and Board of Zoning Appeals (BZA) approval. The sign location proposed at 2079 Lascassas Pike is within a Planned Unit Development (PUD) Zone.

15 The applicant is requesting permission to erect one (1) internally illuminated freestanding wall sign with a 60 sq. ft. opaque background display area and an overall height of 16. The sign will be located within a 30 Water and Sewer Easement and Consolidated Utility District (CUD) water easement. Additional reasons for the request include that the utility easements run the entire length of the front of the property and the ROW is approximately 38 from current edge of pavement on Lascassas Pike. The Agreement for a Sign in a City of Murfreesboro Easement has been signed by the Murfreesboro Water and Sewer Department, the Director of Building and Codes as well as an approval letter from CUD s Project Coordinator Bryant Bradley. Due to the sensitivity of placement of the sign in regards to water & sewer lines, the sign has been located on site by a Tennessee registered engineer and that form for the Certification of sign placement is included in the BZA package. The applicant will comply with all other setbacks and regulations. Mr. Jarvis will be in attendance to answer any questions that the Board may have.

16 THE FOLLOWING APPLICATION (APPLICATION Z ) BY MS. SUKEETA DUNCAN FOR PROPERTY LOCATED AT 2721 JIM HOUSTON COURT HAS BEEN WITHDRAWN

17 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS JANUARY 29, 2014 Application: Address: Applicant: Zoning: Request: Z Jim Houston Court Ms. Sukeeta Duncan Residential Single-Family (RS-15) A special use permit in order to conduct a home occupation (a real estate office) The subject property is located along the west side of Jim Houston Court north of Haynes Drive in the Jamison Place subdivision. It is zoned RS-15. The surrounding area is both zoned and used for single-family residential purposes. The applicant would like to operate a home-based business as a real estate broker. A real estate broker s office is considered a professional office and, as such, requires a special use permit from the Board of Zoning Appeals, if operated as a home-based business. The applicant has submitted a letter addressing Sections 8 and 9 of the Zoning Ordinance. Staff has also included photographs of the site and of the surrounding neighborhood for the Board s reference.

18 The applicant states in her application that business-related traffic will be minimal, as she estimates that there will be six (6) or fewer client visits to the residence per year. The majority of meetings with clients will take place off-site. The driveway is adequate to accommodate parking for the limited number of client visits specified by the applicant. In addition, the applicant does not propose to conduct any type of group instruction or training out of her home. The applicant does not propose to have any outside employees or colleagues working out of her home. The only additional employee (the applicant s husband) also resides on the subject property. The area of the house devoted to the home occupation will not exceed the maximum allowed 25%. The applicant proposes to use a 144 square-foot room for her office. The house (including garage) is approximately 4,366 square-feet, meaning that the business will take up less than 4% of the square-footage of the house. The applicant will only use office equipment at her residence, such as a computer, fax machine, etc. According to the applicant, there will be no outdoor storage in conjunction with her home-based business. Any for sale signs stored at the residence will be kept in the garage. Signage associated with a home-based business is only allowed upon approval by the Board of Zoning Appeals. The BZA has the authority to approve one (1) attached business sign not to exceed three (3) square-feet. The Tennessee Real Estate Commission requires the following: Each licensed real estate firm shall conspicuously display on the outside of the firm s place of business a sign which contains the name of the real estate firm as registered with the Commission. The applicant has indicated to Staff that she wishes to have an attached sign near her front door not to exceed 18 x 12. She has submitted a photograph of the sign at her current office, which she intends to use at her home. Ms. Duncan will be in attendance at the meeting to answer any questions that the Board may have.

19 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS JANUARY 29, 2014 Application: Address: Applicant: Zoning: Request: Z South Baird Lane Ms. Trisha Hopkins Residential Single-Family (RS-10) A special use permit in order to conduct a home occupation (a hair salon) The subject property, 819 South Baird Lane, is located in the Green Pastures Subdivision, south of Mercury Boulevard and north of Bradyville Pike. There is an existing singlefamily residence on the subject property, and it is surrounded entirely by single-family residential zoning and uses. The applicant began operating a hair salon out of her home as a home-based business in She was notified in December that a special use permit is required for this use of the property. Soon thereafter, she met with the Planning Staff and then filed her application to the BZA. Included with her application is a letter addressing Sections 8 and 9 of the Zoning Ordinance. In addition, Staff has included photographs of the subject property and the surrounding neighborhood for the Board s reference. Also included are letters from neighbors at 814, 822, and 823 South Baird Lane in support of the application.

20 The applicant seeks a special use permit in order to operate a home-based business (a hair salon) from her residence. She is in the process of converting an existing bedroom into her salon. Clients will visit her house by appointment only. Days of operation will be Tuesday through Friday. Hours of operation will be from 10:00 AM until 6:00 PM, with the last client leaving no later than 6:00 PM. The applicant has indicated that the maximum number of appointments that she will schedule per business day will be six (6) and that she will leave minute gaps in between appointments in order to eliminate overlap of appointments. In addition to the regular hours of operation, she has also indicated that she will have an occasional appointment on Saturday mornings from 10 AM 12 PM. Ms. Hopkins has indicated in her letter that she will have no outside employees. The Zoning Ordinance dictates that not more than 25% of the residential dwelling unit is allowed to be devoted to the home occupation. The total square footage of the house is 1,729 square-feet. The home-based business will utilize approximately 195 square-feet (or less than 12% of the principal structure), which does not exceed the maximum 25%. Access from the outside will be provided via a door on the front of the house. The applicant added this door where there had previously been a window. She obtained a building permit and a plumbing permit for the conversion of this bedroom into a salon. At the time these comments were written, she has some additional work to complete before the final inspection will be conducted by the Building and Codes Department. According to the State of Tennessee Cosmetology Board, All Cosmetology shops, including ones located in a private residence, shall display a sign of sufficient size as to be clearly visible from the street, indicating that it is a shop. The Zoning Ordinance allows a maximum three (3) square-foot attached sign, subject to approval by the BZA. The applicant initially proposed a sign that would be attached but perpendicular to the house. However, she has revised her proposal and is requesting a sign that is attached to but flush with the front of the house. A drawing of the proposed sign has been submitted by the applicant. The dimensions of the sign may vary slightly from what is shown on this drawing. Regardless, the applicant is aware that the sign cannot exceed three (3) square-feet. Currently, there is a gravel driveway into the property from Baird. It is contiguous with the gravel driveway for the neighboring property to the south at 823 South Baird. The applicant s driveway is approximately 15 x 90. It will accommodate up to six (6) vehicles at one (1) time, according to the applicant. With only one (1) client at a time and no overlapping appointments, there should be sufficient room for clients to park in the existing driveway. If the Board approves this request, Staff recommends the following conditions: 1) The work done on the house must pass final inspection. 2) All client visits are to be by appointment only. There shall be no overlapping appointments. There shall be a maximum of 6 appointments per business day, and all appointments shall end no later than 6 PM.

21 3) Any signage approved for this home-based business by the Board of Zoning Appeals shall also conform to the City Sign Ordinance. Ms. Hopkins will be in attendance at the meeting to answer any questions that the Board may have.

22 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS JANUARY 29, 2014 Application: Address: Applicant: Zoning: Request: Z Azure Way Mr. Mike Cullen Residential Single-Family (RS-12) A special use permit in order to conduct a home occupation, consisting of group instruction for people convicted of driving under the influence or reckless endangerment The subject property, 1207 Azure Way, is located in the Evergreen Farms Subdivision west of Cason Lane. It is zoned RS-12 (Residential Single-Family) and is developed with a single-family residence. The subject property is surrounded by single-family residential uses on the east, west, and north sides. The Cason Lane Church of Christ is located to the south of the subject property. The applicant wishes to conduct a homebased business, consisting of group instruction for people who have been convicted of driving under the influence or reckless endangerment. Accordingly, he has applied for a special use permit in order to be able to do so. According to materials submitted by the applicant in December, he had a total of 105 students during the course of the last

23 eighteen (18) months (an average of 5.8 per month). Of the 105, nine (9) were arrested for driving while on prescription medication, while the remainder were alcohol-related. According to materials submitted by the applicant this month, he had a total of 52 students during the course of the last six (6) months (an average of 6.5 per month). Of the 52, seven (7) were arrested for driving while on prescription medication, while the remainder were alcohol-related. Mr. Cullen applied for a special use permit for this use in July The BZA denied the request. In December 2013, Mr. Cullen presented some additional information to the BZA and asked that the Board waive the 18-month waiting period required before an applicant can reapply for a special use permit once it has been denied. The Board granted this waiver of the 18-month waiting period. In July, the applicant verbally indicated to Staff that he had been conducting classes at his residence for approximately a year, not realizing that he first needed to obtain a special use permit. Since July, however, when his application was denied by the BZA, he has been conducting his classes off-site. Mr. Cullen would like for the Board to once again consider his request. He has submitted a letter describing his request and addressing Sections 8 and 9 of the Zoning Ordinance. An aerial photo has also been included to serve as a site plan. Staff has included photographs of the subject property and the surrounding neighborhood for the Board s reference. In addition, the minutes from both the July and December meetings are included. Mr. Cullen teaches a course called Prime for Life to people convicted of misdemeanor driving under the influence or reckless endangerment. He has requested approval from the BZA for one class every three (3) weeks. His letter to the Board indicates that class size will be between one (1) and six (6) students. The applicant indicates in his letter that a 6-month period will yield a total of 36 students. However, with one (1) class held every three (3) weeks, Staff calculates that this would yield a maximum total of students every six (6) months. Classes will be held on Saturdays only from 10:00 AM until 5:00 PM. According to the Property Assessor s website, the house is 2,428 square-feet (including the attached garage). The applicant proposes to teach the classes entirely from within the existing house; no additions to the house are proposed. More specifically, the classes will be taught in his living room, which is 288 square-feet. The front entrance to the house leads directly into the living room. The Zoning Ordinance dictates that not more than 25% of the residential dwelling unit shall be devoted to the home occupation. The area devoted to the home occupation will be roughly 11.9%. The applicant has indicated to Staff that he will have no employees. In addition, he is not requesting any signage for his home-based business. One of the issues that was discussed by the BZA in July was traffic. According to Mr. Cullen, most of the students attending the classes do not drive. However, in the event that they do drive, he proposes to allow student parking in his driveway. The driveway is approximately wide and 45 deep (from the curb). It will accommodate a total of four (4) vehicles. Mr. Cullen indicates that his personal vehicle will be parked inside the

24 garage and that he is going to sell two (2) other vehicles that are usually parked in his driveway. He said that no more than four (4) students will be allowed to park at his residence during the class in order to eliminate long-term parking on the street. All additional students will be dropped off before the class begins and then will be picked up at the end of the class. Drop-offs and pick-ups will likely occur in the street if the driveway is full. On-street parking along this segment of Azure Way is currently permitted, subject to certain restrictions in the City Code. Staff has reviewed the City s aerial photography, which reveals that a minimal amount of on-street parking has historically occurred on this segment of Azure Way. The Planning Staff has consulted with the City Traffic Engineer regarding the impact of the proposed home-based business on the public street. He has indicated that the 140 separation of Mr. Cullen s property from the intersection of Azure Way and Cason Lane is of sufficient distance, and the home-based business will have minimal impact on the intersection. In July, the Board also wanted details about the width of the street. Azure Way is classified as a Residential Sub-Collector in the City s Major Thoroughfare Plan. Residential Sub-Collectors have a 24 pavement width including two 12 -wide travel lanes, according to the City s Standard Street Specifications. Azure Way pre-dates the current Standard Street Specifications. The applicant references a street width of 36 in his letter to the Board, but this measurement is from face of curb to face of curb (including the gutters). The pavement width is actually As a frame of reference, 33 is the same pavement width required for a three-lane cross-section, which includes three 11 travel lanes. Azure Way s pavement width is 9 greater than a standard residential sub-collector. Because of its sizeable pavement width, the City s Traffic Engineer has indicated that Azure Way would be able to handle on-street parking and that on-street parking here should not negatively impact Azure Way or its intersection with Cason Lane. Mr. Cullen has also included the restrictive covenants for Evergreen Farms Section 3. He indicates in his letter to the BZA that the covenants do not prohibit home-based businesses. Staff has reviewed the covenants and cannot find any provisions that would expressly prohibit Mr. Cullen s proposed home-based business. In addition, Mr. Cullen has submitted letters from his neighbors at 1203, 1204, 1208, and 1211 Azure Way. (The Board should note that the letter from the resident of 1204 Azure Way is not signed.) If the Board wishes to approve this request, Staff recommends the following conditions: 1) There shall be no more than one (1) class held at the residence every three (3) weeks. Each class shall have no more than six (6) students in attendance. 2) The driveway shall be free of personal vehicles on days when classes are held, so that it can accommodate four (4) student vehicles. Mr. Cullen will be in attendance at the meeting to answer any questions that the Board may have.

25 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS JANUARY 29, 2014 Application: Address: Applicants: Zoning: Request: Z Sulphur Springs Road Mr. Joe Swanson, Jr. of Swanson Developments, LP, for Victory Christian Center of Murfreesboro, Inc., and Dr. Michael Hein, for Redeemer Classical Academy Residential Single-Family (RS-10) A special use permit in order to expand an existing institutional group assembly use (a private school). The applicants are requesting approval to locate one (1) additional portable classroom building on the subject property for the school year. The subject property is located at the northwest corner of Sulphur Springs Road and Myers Drive. It is bordered by RS-10 zoning and single-family residential uses on the north, south, and west sides. To the east, across Sulphur Springs Road is a subdivision consisting of duplexes zoned RD. The subject property is the former location of Family

26 Worship Center. In 2012, it was purchased by Victory Christian Center (VCC). VCC is currently leasing the property to Redeemer Classical Academy (RCA), a K-12 private school. Schools are classified as institutional group assembly uses. In July 2013, the BZA approved VCC s and RCA s joint special use permit request in order for the property to be used as a private school. Staff has included the minutes from the July meeting for the Board s reference. That special use permit was approved subject to the following conditions: 1) All portable classroom buildings must be removed from the property no later than July 31, 2015.; 2) The maximum number of students allowed to be enrolled at the school is 65. If the school desires to have a greater number of students, then it must apply to the BZA to amend the special use permit. A traffic study will be required at that time.; and 3) No staging or queuing of school traffic will be allowed on either Myers Drive or Sulphur Springs Road. The three (3) existing portables on-site, which were in violation, were allowed to remain through the school year. Since July, VCC has leased the main building to another church. Also, RCA has decided that it will be relocating after the school year. In order to meet its needs for the school year, though, RCA would like to locate a fourth portable classroom building on the subject property. This expansion of the private school use requires a special use permit from the BZA. Accordingly, RCA has filed another joint application with VCC. Attached to the Staff comments is a letter from the applicants, addressing Sections 8 and 9 of the Zoning Ordinance. The Planning Staff has also provided photographs of the site and of the surrounding area for the Board s reference. The proposed portable will be located on the west side of the existing portables, in between the existing portables and parking lot. If approved, RCA plans to have the portable located on the property by July RCA proposes to remove it by July 31 st, 2015, which is the date that the existing portables must be removed. The size of the proposed portable building is 24 x 62. There will be no change to the general operation of the school as it was represented to the BZA in July. Normal hours of operation for the school will continue to be Monday thru Friday from 7:00 AM until 6:00 PM. The applicants are aware that the original special use permit approval was conditioned on enrollment not exceeding 65 students. They are aware that exceeding this number will require application to the BZA for an amendment to the special use permit. The existing site has ample parking for the proposed use, and the applicants do not propose any additional parking or striping improvements with this special use permit. A traffic management plan was submitted by the applicant at the time of the original special use permit and was approved by the City s Traffic Engineer. With regards to the other additional standards for institutional group assembly uses, the site far exceeds the minimum lot size. No changes are proposed to the existing site lighting, so Staff has waived the requirement for a photometric lighting plan. RCA has indicated that the City solid waste carts will continue to be adequate to handle the solid waste it will generate. No external speakers are proposed for the school. RCA uses the grassy area north of the proposed parking lot as its outdoor play area. There is a dense

27 tree line on both the north and west sides of the property. The applicants will continue to utilize the existing vegetation to buffer the residential properties to the north and west from the proposed school use. If the Board approves this request, Staff recommends the following conditions, which are the same as the conditions of approval from the original special use permit: 1) All portable classroom buildings must be removed from the property no later than July 31, ) The maximum number of students allowed to be enrolled at the school is 65. If the school desires to have a greater number of students, then it must apply to the BZA to amend the special use permit. A traffic study will be required at that time. 3) No staging or queuing of school traffic will be allowed on either Myers Drive or Sulphur Springs Road. Dr. Hein will be present at the meeting to answer any questions that the Board may have. In addition, Mr. Swanson will also be present.