CITY OF MURFREESBORO BOARD OF ZONING APPEALS

Transcription

1 CITY OF MURFREESBORO BOARD OF ZONING APPEALS Regular Meeting, October 24, 2012, 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 26, Old Business Variance Request a. Application Z by Mr. Mike Chaudhary, is requesting a 200-foot variance from Section 21(B)(4) of the City of Murfreesboro Zoning Ordinance, which states that the sale or distribution of gasoline, diesel, and other fuels for motor vehicles will be permitted in the Commercial Fringe (CF) zoning district only when developments for such are setback a minimum of 200 feet from any property zoned in the RS or RD classifications. The request is pertaining to property located at the southwest corner of New Salem Highway and Saint Andrews Drive. 4. New Business Sign Variance Requests a. Application S by Mr. Michael Rubino of GPD Group, for Thornton s, Inc., 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 2908 Medical Center Parkway. b. Application S by Mr. Bobby Kirby for IPM, 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 2018 Medical Center Parkway.

2 Variance Requests c. Application Z by Mr. Gary Wisniewski for Stratford Hall, LLC, is requesting a variance from Section 34, Article V(A)(5) of the City of Murfreesboro Zoning Ordinance, which states that, in all floodprone areas, all electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. The request is pertaining to property located at 1320 Charleston Boulevard. d. Application Z by Mr. Richie Bolin for Middle Tennessee Christian School, is requesting a 10-foot variance from the minimum required 30-foot 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, for property located in a Medical District Commercial (CM) zone at 280 East MTCS Road. The applicant is also requesting a variance from Section 25(E)(5) of the 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. Special Use Permit Requests e. 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. 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 church) in a Residential Single-Family (RS-15) zone for property located at 2511 New Salem Highway.

3 g. 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) in a Commercial Highway (CH) zone for property located at 125 River Rock Boulevard. 5. Staff Reports and Other Business 6. Adjourn

4 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS OCTOBER 24, 2012 Application: Location: Applicant: Zoning: Request: Z The southwest corner of New Salem Highway and Saint Andrews Drive Mr. Mike Chaudhary Commercial Fringe (CF) A 200-foot variance from Section 21(B)(4) of the City of Murfreesboro Zoning Ordinance, which states that the sale or distribution of gasoline, diesel, and other fuels for motor vehicles will be permitted in the Commercial Fringe (CF) zoning district only when developments for such are setback a minimum of 200 feet from any property zoned in the RS or RD classifications

5 This request is being considered at this meeting under Old Business. The staff comments from the September 26, 2012 regular meeting describing the request have been included and they are as follows in italics: The subject property is located at the southwest corner of New Salem Highway and Saint Andrews Drive. It is currently a part of a larger tract that extends south to the Belle Haven Subdivision. The majority of the subject tract is zoned RS-15 (Residential Single- Family). However, the frontage along New Salem Highway, as well as a portion of the frontage along Saint Andrews Drive, was re-zoned to CF (Commercial Fringe) in The applicant has a contractual interest in the property and proposes to construct a gas station/convenience market on the northeast corner of the property -- on a 1.42-acre lot that would be subdivided off of the larger tract. There would also be a liquor store attached to the convenience market. The proposed building will be 9,083 square-feet in area. The CF district regulations state that The sale or distribution of gasoline, diesel, and other fuels for motor vehicles will be permitted in this district only when developments for such are setback a minimum of two hundred feet from any property zoned in the RS or RD classifications. The required distance shall be measured from property line to property line. The applicant is unable to meet this requirement and has submitted a request for a variance. Included in the agenda materials is a letter from the applicant addressing Section 10 of the Zoning Ordinance as well as a site plan of the proposed development. Staff has included photographs of the subject property as well for the Board s reference. In addition, the applicant has submitted a site plan for review by the Planning Commission, and the Planning Commission is scheduled to review the site plan at its September 19 th regular meeting. The Planning Commission has been advised that a variance request for the proposed development is pending before the BZA. As mentioned earlier, the proposed lot is currently a part of a larger tract, some of which is zoned CF and some of which is zoned RS-15. The site plan shows the proposed gas station lot to be located 40 from the RS-15 zoning boundary line. However, because the Zoning Ordinance requires the distance to be measured from property line to property line, the applicant has requested a full 200-foot variance. With the current property line configuration, the overall tract directly abuts properties to the south and to the west that are currently zoned RS-12. In addition, after the proposed subdivision is recorded and the gas station lot created as a separate lot of record, it will still be directly abutting the remainder of the overall parcel, which is partially zoned RS-15. In either instance, a 200-foot variance would be required. The applicant indicates in his letter to the Board that he anticipates a rezoning application being filed at some point for the balance of the overall tract. He states that, in lieu of the property owner requesting rezoning for the remainder of the overall tract now, this variance request has been made. The Board should note that there is currently no rezoning application pending for the balance of the property. For the Board s reference, Staff has included the following information regarding the vision for the area set forth in the Salem Pike Study Area Land Use Plan. The plan recommends the

6 clustering of commercial uses at major intersections. It identifies the intersection of New Salem Highway and Saint Andrews Drive as a Neighborhood Commercial Node, which is defined as neighborhood-scale commercial uses that serve a nearby and limited residential market. On the future land use map, it more specifically identifies the northern portion of overall subject tract at the southwest corner of this intersection as Mixed Use Limited Planned Development, which is defined as all medium and highdensity residential; Institutional; Offices with a maximum 30 percent floor area ratio; and General Farming. It recommends that the southern portion of the tract develop as Medium-Density Residential, which is defined as All single-family and two-family residential uses that involve a density of at least three units per acre but less than eight units per acre; Institutional; Convenience-scale commercial uses on a selective and limited basis; and General Farming. The applicant also notes that the nearest residentially-zoned property to the proposed gas station lot is the balance of the subject tract, which is zoned RS-15 and is undeveloped. As mentioned previously, the RS-15 zoning boundary is 40 from the proposed gas station lot. Staff estimates that the nearest developed residential lots to the west (in the Belle Rive Subdivision) are approximately away from the proposed gas station lot, while the nearest developed residential lots to the south (in the Belle Haven Subdivision) are approximately 1,000-1,100 away. A public hearing was held on this matter at the September 26, 2012 regular meeting. At that meeting, the BZA expressed concerns about whether or not it would be more appropriate for the property owners to make a request to the Planning Commission for the remainder of the property to be rezoned as opposed to the BZA granting this variance request. The Board was also interested to know why the property owners chose not to made an application to rezone the remainder of the property, given that the applicant s representative stated in his application that it was his opinion that it would likely be rezoned at some point in the future. In addition, both the applicant and the property owners were not present at the September 26 th BZA meeting to answer questions about the application. The Board deferred action on the item until such time that the applicant and the property owner could be present and that additional information could be provided. The applicant has requested in writing that the Board consider this item once again at its October 24 th meeting. Since the meeting, the applicant s representative has submitted a letter with some additional information, attempting to address some of the Board s concerns. He notes that the Planning Commission recently approved a master plan for the future development of the overall tract. A copy of the approved master plan has been included with the agenda materials for the Board s reference. He notes that the area within 200 of the proposed gas station lot on the master plan contains a detention pond, an access easement, and a Colonial Gas pipeline easement. Although the detention pond is not proposed to be constructed at the same time as the gas station lot, it is shown on the approved master plan as a future improvement required to support additional development on the remainder of the tract. The applicant s representative goes on to further state that the property owners do not wish to sell or develop the remainder of the

7 tract at this time. It is their intention to raise cattle there for the present time. With this being the case, they have no desire to file a request to rezone the remainder of the tract. At the September 26 th meeting, Staff mentioned that it would provide some additional information regarding the zoning history of the overall tract. It was annexed into the Murfreesboro City limits in January It was not requested to be annexed by the owners-- it was actually annexed as additional area adjacent to several other annexation requests, essentially surrounded by the City limits. Because there was no zoning request simultaneous with the annexation of the tract, it was assigned an interim zoning classification of RS-15, per Section 17 of the Zoning Ordinance. The entire tract was zoned interim RS-15 from 2005 until In 2009, the property owners filed an application to rezone the frontage along New Salem Highway and a portion of the frontage along Saint Andrews Drive from RS-15 to PCD (Planned Commercial District). That rezoning application was withdrawn at the City Council level, because it was determined that there was not enough specificity in the zoning plan for it to be zoned PCD. The property owners filed a subsequent zoning application in late 2009 for the same portion of the property to be zoned Commercial Highway (CH). In early 2010, the City Council approved it to be zoned CF (Commercial Fringe) instead. Today, the frontage of the tract along New Salem Highway and a portion of the frontage along Saint Andrews Drive is zoned CF, while the balance of the tract remains zoned interim RS-15. Mr. Chaudhary will be out of the country and will not be able to attend the meeting. Representing him will be his business associate, Mr. Bob Patel, and his engineer, Mr. Bill Huddleston. In addition, the property owners, Mr. and Mrs. Paul and Terri Weakland, will be in attendance.

8 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS OCTOBER 24, 2012 Application: Address: Applicant: Zoning: Request: S Medical Center Parkway Mr. Michael Rubino of GPD Group, for Thornton s, Inc. Commercial Highway (CH) and Gateway Design Overlay (GDO-1) 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, Michael A Rubino with GPD Group representing Thornton s Inc. 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

9 approval. The sign location proposed at 2908 Medical Center Parkway is within a CH/GDO-1 Zone. The applicant is requesting permission to erect one (1), internally illuminated freestanding wall sign with 55 sq. ft. display area, an overall height of 10 and 38 sq. ft. of the 55 sq. ft. display area of the sign will be an automatic price changer with an opaque background. The sign will be located within a 40 public utility easement. The Agreement for a Sign in a City of Murfreesboro Easement for this location has been signed by Murfreesboro Water & Sewer and Murfreesboro Electric and letters of approval have been received from Atmos Energy and AT&T. Presently, CUD has not agreed to the current location placement of the sign within 18 of a main water line and is requesting an alternative mounting solution at the current location. Thornton s is investigating alternative solutions to place the sign at the current location. In the event that the sign location changes from what is currently proposed, the applicant will be required to submit new approval signatures from all easement holders prior to the October 24, 2012 BZA meeting. The applicant should understand that failure to provide City Staff with all necessary documentation prior to the BZA meeting may result in the deferral of this request. Due to the sensitivity of placement of the sign in regards to utility lines staff recommends that the sign be located on site by a Tennessee registered engineer or surveyor and that a form for Certification of sign placement be provided prior to permitting. The applicant will comply with all other setbacks and regulations. Mr. Rubino will be in attendance at the meeting to answer any question that the Board may have.

10 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS OCTOBER 24, 2012 Application: Address: Applicant: Zoning: Request: S Medical Center Parkway Mr. Bobby Kirby for IPM Planned Unit District (PUD) and Gateway Design Overlay (GDO-2) 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, Bobby Kirby representing IPM, 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 approval. The sign location proposed at 2018 Medical Center Parkway is within the Gateway Design Overlay (GDO-2) zone.

11 The applicant is requesting permission to erect one (1) push-thru style internally illuminated, freestanding wall sign with 60 sq. ft. display area and an overall height of 9. The sign will be located on Medical Center Parkway and is within an existing 20 waterline easement. The Agreement for a Sign in a City of Murfreesboro Easement has been signed by the Director of Building & Codes and the Murfreesboro Water and Sewer Department. There is also a 2 gas line without a recorded easement at this location and Atmos has submitted a letter requesting that the sign footing be placed 3 from the gas line and the applicant has agreed. The applicant will comply with all other setbacks and regulations. Mr. Kirby will be in attendance at the meeting to answer any questions that the Board may have.

12 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS OCTOBER 24, 2012 Application: Address: Applicant: Zoning: Request: Z Charleston Boulevard Mr. Gary Wisniewski for Stratford Hall, LLC Planned Residential District (PRD) A variance from Section 34, Article V(A)(5) of the City of Murfreesboro Zoning Ordinance, which states that, in all floodprone areas, all electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding

13 The subject property is located along the east side of Charleston Boulevard in the Stratford Hall Subdivision. It is located in the vicinity of what is commonly referred to as The Big Ditch. The subdivision plat for Section 3 of Stratford Hall did not include minimum pad elevations (MPEs) and minimum floor elevations (MFEs) for Lots (the subject lot is lot 114). During the rain event of May 2010, water entered the attached garage of the single-family dwelling to the north on Lot 113. After having received this report, the City Engineering Staff asked the design engineer to restudy Stratford Hall Section 3, using best available information pertaining to The Big Ditch, to investigate whether or not it would be appropriate to require MPEs and MFEs for certain vulnerable lots. The surveyor of record for Section 3 (who is also the design engineer) recorded a surveyor s certificate of correction in August 2010 adding MPEs and MFEs to Lots , so as to prevent any future construction from being inundated and/or damaged by floodwaters. Section 34 of the City s Zoning Ordinance is entitled Floodplain Zoning. It contains the City s floodplain management regulations. The statement of purpose in Section 34 states that the floodplain management regulations are in place in part to minimize public and private losses due to flood conditions. It also states that the regulations are to require that uses vulnerable to floods, including community facilities, be protected against flood damage at the time of initial construction. One of the objectives listed in Section 34 is to protect human life, health, safety, and property. Section 34 applies to both the Special Flood Hazard Area (or SFHA) as denoted on the FEMA Flood Insurance Rate Maps, as well as floodprone areas. Section 34 defines a floodprone area as any land area susceptible to being inundated by water from any source. As a lot in a floodprone area, Lot 114 of Stratford Hall is required to comply with the provisions of Section 34. The applicant obtained a building permit to construct a single-family residence on Lot 114 on August 16, The new MPE and MFE, as denoted on the surveyor s certificate of correction, were placed as conditions of approval by the Planning and Engineering Department and were included as conditions of the building permit by the Building and Codes Department. A copy of the building permit signed by the applicant can be found in Board s agenda materials. The MPE is required to comply with Section 34, Article V(A)(5), which states that all electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. The City considers a garage as a service facility for the single-family residential structure and therefore requires it to be constructed to a certain elevation so that water cannot enter or accumulate within it. The applicant is requesting a variance from the above provision in order to lower the MPE for the proposed attached garage on the subject property. He has included a plot plan showing the proposed house, which is currently under construction, as well as a narrative with his reasons for requesting the variance. Staff has also included photographs of the subject house and property. The MPE required for this lot by the City and denoted on the surveyor s certificate of correction is , while the required MFE is The applicant has indicated

14 that he will comply with the MFE for the habitable area of the house. He is requesting an MPE of for the garage, however, meaning that the garage floor would be 2 lower than the predicted high water elevation associated with The Big Ditch. The primary reason provided by the applicant for his variance request is the slope of the driveway. The driveway and garage for this lot have alley access to the rear. In his materials, he indicates that the 18 -long driveway will slope up 30 from the alley to the garage. He states that this will result in a slope between 16% and 18%, which in his opinion is unsafe. Rather than elevate the garage to meet the minimum MPE requirement, he proposes to floodproof the garage. (Floodproofing is defined in Section 34 as any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. ) One of the goals of the floodplain management regulations is to reduce property damage. The Planning and Engineering Staff feels that the most effective way to accomplish this goal is to elevate structures above high water line. The Planning and Engineering Staff is not in favor of the granting of this variance. It is known that in May 2010 floodwaters entered the garage next door on Lot 113, which according to the exhibit provided with this variance application is at an elevation of While floodproofing may help to reduce similar potential damage on Lot 114, it will not prevent water from entering or accumulating in the garage, as is required by the City s floodplain management regulations. As an aside, for slab-on-grade construction in SFHAs, floodproofing is only allowed for non-residential construction and not for residential construction. According to the City s Environmental Engineer, Based on the 100-year flood prediction with The Big Ditch, the potential water depth would be 2 feet during an extreme 100-year event. More frequent, lower water depths could happen as well so the water incursion into the garage would be an on-going issue. With regards to the slope of the driveway, the City Engineering Staff has researched acceptable slopes for both driveways and parking (additional information from the Engineering Staff on this topic is included with the Board members agenda materials). The result is that there is no consensus among various jurisdictions regarding what is acceptable. The applicant states that, if the garage was built to the required MPE, the residents may experience difficulty and be subjected to an unsafe situation trying to park on the driveway and exit the vehicle. However, other than the opinion of the applicant, no evidence has been presented that this is the case, and the City Engineering Staff is of the opinion that the proposed driveway slope is acceptable. In addition, the Engineering Staff also calculates the driveway slope to be 13.5% with the current elevations and the required MPE, as opposed to the 16-18% slope stated by the applicant in his application materials. If approved as requested with the MPE, the resulting driveway slope would be 4% and would have 0.8 feet of fall from the garage to the alley. The Board should also note that the alley behind Lot 114 was built by the original subdivision developer 9-15 lower than what was shown on the approved construction plans for Section 4. The Engineering Staff has consulted with the design engineer about the possibility of raising the alley grade behind Lot 114 in order to reduce the slope of the

15 proposed driveway on the lot in question. This work could be done in conjunction with the construction of the infrastructure for Section 5, as the Section 5 construction plans have been submitted to the Engineering Department for approval. The current subdivision developer has indicated, however, that it is his preference for the applicant to apply for a variance for Lot 114 rather than raising the elevation of the existing alley, even though raising the alley elevation would help to reduce the driveway slope on Lot 114. The Engineering Staff has calculated that if the alley behind Lot 114 was raised by 6, it would reduce the driveway slope on Lot 114 from 13.5% to 11%. Mr. Wisniewski 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 24, 2012 Application: Z Address: 280 East MTCS Road Applicant: Mr. Richie Bolin for Middle Tennessee Christian School Zoning: Medical District Commercial (CM) Requests: A 10-foot variance from the minimum required 30- foot 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. The applicant is also requesting a variance from Section 25(E)(5) of the 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.

17 The subject property is located at the dead end of East MTCS Road east of Memorial Boulevard. It is currently developed with the athletic fields for Middle Tennessee Christian School (MTCS) and is zoned CM (Medical District Commercial). Institutional group assembly uses, such as schools and recreational facilities, are permitted by special use permit in the CM zone. MTCS was granted a special use permit in 1998 for the development of the subject property with its athletic fields. That special use permit was amended several times as the use of the athletic fields evolved. Currently, MTCS has plans to construct a new press box on the subject property for the baseball field. Two (2) variances are needed in order to move forward with the construction of the press box in its proposed location. Included with the agenda materials is a letter from the applicant addressing Section 10 of the Zoning Ordinance, as well as a site plan and building plans. Staff has also included photographs of the subject property and of the surrounding properties for the Board s reference. East MTCS Road terminates in a cul-de-sac. The cul-de-sac is surrounded by the MTCS property. The baseball field is on the west side of the cul-de-sac and the football field is on the east side. To the south of the athletic fields are several healthcare facilities and a church, as well as the main MTCS campus. In the CM zone, there is a 30 front building setback. In addition, there is a provision in the Zoning Ordinance that requires all accessory structures in commercial zones to comply with the same setbacks as the principal structure. The applicant proposes to construct a new press box overlooking the

18 baseball field behind home plate. The 10 x20 size of the proposed press box, as shown on the site plan, is approximate. The applicant has indicated to Staff that the size of the press box may end up being larger than what is shown on the site plan. While the site plan shows that the new press box will be located 5.89 into the 30 front setback along East MTCS Road, the applicant is making a request for a 10 front setback variance, so that there is some flexibility in case MTCS decides that it needs the press box to be larger than the 10 x20 size shown on the site plan. There is an existing press box in the same location as the proposed press box. It appears to be in violation of the 30 front setback requirement. No variance was ever granted for this structure. According to the applicant, it is a portable building that was relocated from elsewhere on the site. It will be removed to make way for the new press box, which will be constructed on a permanent foundation. According to the applicant, the new structure will be much more aesthetically pleasing than the existing press box, which is in disrepair. The applicant also states that the variance will not negatively affect any adjacent properties. He indicates that the press box needs to be located behind home plate where the field of play can be clearly seen. He also says that the 30 front setback along the cul-de-sac of East MTCS Road greatly limits the placement of such an accessory structure, because of the proximity of the existing baseball field to the cul-de-sac. Each of the two (2) requests should be taken in separate motions. Mr. Bolin 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 24, 2012 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 north side of the property fronting West Clark Boulevard. As it has the last five (6) 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 Commercial Highway (CH) and a special use permit is required for temporary vending.

20 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 Christmas tree inventory will be placed, as shown on the attached site plan, out in the open 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 x8 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 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 23, 2012 until no later than December 22, 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 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 8 x8 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.

21 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS OCTOBER 24, 2012 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 church) 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 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 churches, in residential

22 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 four (4) times before ( ) for Christmas tree sales. There are two (2) existing driveways into the site from New Salem Highway. All activity associated with the Christmas 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. There will also be a pull-behind trailer adjacent to the sales site to store equipment and supplies. For the first time, the applicant is also looking to erect an 8 x8 temporary building on-site, which will be used by the troop as shelter from the elements. 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 23, 2012 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 customer vehicles on-site at any given time. In addition, the Board should note that there is a proposed ordinance amendment, currently pending before City Council, which would allow the $500 deposit to be waived if the principal institutional group assembly use on-site agrees in writing to take responsibility for the clean-up of the Christmas tree sales site. With respect to the application at hand, the applicant has provided the necessary documentation to have the deposit waived if this ordinance amendment is passed by the City Council. It should be noted that this provision, if passed, only applies to Christmas tree sales lots that are accessory to an institutional group assembly use. Christmas tree sales lots at a commercial location would not be eligible for the deposit to be waived. Staff will update the Board on the status of this ordinance amendment at the BZA meeting. 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) All temporary structures must meet the 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.

23 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS OCTOBER 24, 2012 Application: Address: Applicant: Zoning: Request: Z River Rock Boulevard Mr. Dan Onkst, for Boy Scout Troop 197 of Fellowship United Methodist Church Commercial Highway (CH) A special use permit in order to operate a temporary outdoor vending establishment (Christmas tree sales) The subject site is located along the north side of River Rock Boulevard just east of Cason Lane. It is bordered on its north side by Old Fort Parkway. It is developed with a multi-tenant office building owned by Waldron Enterprises. It houses the Waldron Enterprises offices, as well as Benchmark Realty and Little Guys Movers. Boy Scout Troop 197 of Fellowship United Methodist Church, which operates an annual Christmas tree lot on the church property, is requesting a special use permit in order to sell

24 Christmas trees at this location for the first time. The subject property is zoned Commercial Highway (CH) and a special use permit is required for temporary vending in the CH zone. The applicant has submitted a permission letter from the property owner, as well as a site plan and a letter addressing Sections 8 and 9 of the Zoning Ordinance. The Christmas tree inventory will be placed, as shown on the attached site plan, out in the open in a vacant grassy spot to the rear of the building along the western property line and just south of Old Fort Parkway. There will also be a 10 x10 pop-up tent on-site to help provide shelter from the elements for the scouts and scoutmasters. The applicant will provide a small amount of additional lighting for the display area and the source of electricity will be the sign at the Marathon gas station next door. He indicated that he may also use a generator-powered portable light tower. If he does use a light tower, he has indicated that it will be directed toward the building and not toward the street. There are two (2) fire hydrants within 200 of the sales area. The applicant has obtained permission from the Marathon gas station next door for the use of its restrooms. The applicants will handle solid waste by keeping a garbage can on-site and emptying it offsite 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 23, 2012 until no later than December 22, 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 5:30 PM until 9:00 PM Monday through Friday, 9:00 AM until 9:00 PM on Saturdays, and 1:00 PM until 9:00 PM on Sundays. On-site parking is available and the parking needed for the vending operation is not anticipated to occupy more than 25% of the available parking on-site. In addition, most if not all of the businesses on-site will be closed during the Christmas tree lot s operating hours. The applicant states that he expects to average about 8-10 customers per hour at maximum but no more than 4-6 customers on-site at any given time. 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 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 required 20-foot rear building setback adjacent to the northern property line. Mr. Onkst will be in attendance to answer any questions the Board might have regarding this application.