CITY OF MURFREESBORO BOARD OF ZONING APPEALS

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1 CITY OF MURFREESBORO BOARD OF ZONING APPEALS Regular Meeting, November 21, 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 October 26, Old 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. 4. New Business Special Use Permit Request a. Application Z by Ms. Phyllis Thomas, LMT, is requesting a special use permit in order to conduct a home occupation (massage therapy) at her residence located at 2314 Crystal Court. The property is located in a Residential Single-Family (RS-10) zone. Sign Variance Requests b. Application S by Mr. Dean Higbee of Southbranch Nursery Co., Inc., for The Preserve at Indian Creek Homeowners Association, 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 along the east side of Fortress Boulevard in the common area of The Preserve at Indian Creek Subdivision.

2 c. Application S by Mr. Dean Higbee of Southbranch Nursery Co., Inc., for The Villas at Indian Creek Homeowners Association, 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 along the east side of Fortress Boulevard in the common area of The Villas at Indian Creek Subdivision. 5. Staff Reports and Other Business a. Continuing Education Update Mr. Robert Lewis, Staff Planner. 6. Adjourn

3 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS NOVEMBER 21, 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.

4 This weeds and grass exemption request was deferred at the October 26, 2011 BZA meeting and is being brought up under Old Business. At the October meeting, the Board heard a presentation from Mr. Rick Cantrell, representing the Saratoga Park Homeowners Association. During the public hearing, several residents of the neighboring Forrest Pointe Subdivision provided input on the matter as well. The BZA requested additional information on some of the pertinent issues listed in the September memorandum from the Legal Department relating to this request, including the possible existence of wetlands and the ability of the Saratoga Park Homeowners Association to access the requested area for the purpose of maintaining it. As of the writing of these staff comments, the applicant has not provided City Staff with any additional information. Staff has spoken with Mr. Cantrell, however, and he indicated that he will be ready to make a presentation at the meeting in response to the issues that the Board raised at the October meeting. Members of the Planning, Engineering, Building and Codes, and Legal Staffs will also be available to answer questions. The October staff comments and agenda materials pertaining to this item have also been included for the Board s reference. Also included are the photographs that Staff took prior to the October meeting.

5 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS NOVEMBER 21, 2011 Application: Address: Applicant: Zoning: Request: Z Crystal Court Ms. Phyllis Thomas, LMT Residential Single-Family (RS-10) A special use permit in order to conduct a home occupation (massage therapy) at her residence The subject property, 2314 Crystal Court, is located in the Forest Hills Estates Subdivision north of West Northfield Boulevard and east of Battleground Drive. Crystal Court is a cul-de-sac located in an RS-10 (Residential Single-Family) zone. The subject property is surrounded by residential uses, primarily single-family in nature. The applicant seeks a special use permit in order to operate a home-based business (massage therapy) from her residence. The applicant has submitted a letter describing her request as well as a site plan of the property and a floor plan of the house. She has also submitted letters from customers and friends in support of her request.

6 The applicant has indicated that clients will visit her house by appointment only, and she will have no more than five (5) appointments per day, averaging between two (2) and five (5) per day. According to the applicant, she will leave at least thirty (30) minutes of overlap time in between appointments so that there will never be more than one (1) client at the residence at a time. Days of operation will be Monday through Friday. Appointments are proposed to begin at 7:30 AM and the last client will leave no later than 5:30 PM. The subject house was built with an attached garage. At some point after it was constructed, however, the attached garage was converted to living space. The applicant proposes to locate her massage therapy business in this converted living space, which is on the south side of the house adjacent to the driveway. A portion of this area will remain used as a laundry room and for personal storage, however. Access to the massage therapy business will be via an existing door on the south side of the house. The Zoning Ordinance dictates that not more than 25% of the residential dwelling unit shall be devoted to the home occupation. According to the Rutherford County Property Assessor s website, the total area of the house is 1,937 square feet, and the area devoted to the home occupation will be 238 square-feet, or 12.3%. The applicant has indicated to staff that she will have no employees. In addition, she is not requesting any signage for her home-based business. The subject lot has a long driveway along the south side of the house, which leads to a wider parking area behind the house that is 34 x 29, according to the applicant. There is an existing detached twocar garage at the rear of the property, and Ms. Thomas has indicated that she will park her personal vehicles in the detached garage, leaving the entire concrete driveway and parking pad available for clients to park. She said that she does not anticipate her clients parking on the street. If the Board wishes to approve this application, staff recommends the following conditions: 1) There shall be no more than five (5) client visits per day, and all visits shall be by appointment only, with no overlapping appointments. 2) All appointments shall begin no earlier than 7:30 AM and shall end no later than 5:30 PM on the days of operation designated. Ms. Thomas will be in attendance at the meeting to answer any questions that the Board may have.

7 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS NOVEMBER 21, 2011 Application: Location: Applicant: Zoning: Request: S Along the east side of Fortress Boulevard in the common area of The Preserve at Indian Creek Subdivision Mr. Dean Higbee of Southbranch Nursery Co., Inc., for The Preserve at Indian Creek Homeowners Association Planned Residential District (PRD) 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 The Applicant, Mr. Dean Higbee, representing Preserve at Indian Creek Homeowner s Assoc. (HOA) is requesting a variance from Section 25 ¼-24 (A)(22) of the City of

8 Murfreesboro Sign Ordinance which prohibits a foundation or sign placed in or over a public utility or drainage easement without consent of the easement holder and Board of Zoning Appeals approval. The proposed sign locations for Preserve at Indian Creek HOA are located within a PRD Zone. The applicant is requesting permission to erect two (2) externally illuminated, Development id, freestanding wall signs with 3 sq. ft. display area and 6 OAH along the eastern side of Fortress Blvd., one (1) located on the northeast corner at the intersection of Fortress Blvd and Indian Creek Blvd and one (1) on the northeast corner of Maya Drive. The applicant is also requesting one (1) externally illuminated, Development id, freestanding wall sign with 17 sq. ft. display area and 8 OAH on the Southeast corner of Maya Drive and Fortress Blvd. All three (3) signs will be located within a common area which is designated as public utility & drainage easements. The Agreement for a Sign in a City of Murfreesboro Easement has been signed by the City Engineer and the Director of Building & Codes but has not been signed by the Murfreesboro Water and Sewer Department or Murfreesboro Electric Department at this time. Consolidated Utility District (CUD) has submitted an approved agreement for sign installation in a CUD waterline easement. The sign placement will also require letters of approval from Bell South and Atmos. The applicant is in the process of obtaining all the necessary signatures and letters of approval. Should the Agreements not be signed and appropriate letters submitted prior to the meeting, the application will be withdrawn until we have received the signed Agreements. The applicant will comply with all other setbacks and regulations. Mr. Higbee will be in attendance at the meeting to answer any questions that the Board may have.

9 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS NOVEMBER 21, 2011 Application: Location: Applicant: Zoning: Request: Z Along the east side of Fortress Boulevard in the common area of The Villas at Indian Creek Subdivision Mr. Dean Higbee of Southbranch Nursery Co., Inc., for The Villas at Indian Creek Homeowners Association Planned Residential District (PRD) 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 The Applicant, Mr. Dean Higbee, representing Villas at Indian Creek Homeowner s Assoc. (HOA) is requesting a variance from Section 25 ¼-24 (A)(22) of the City of

10 Murfreesboro Sign Ordinance which prohibits a foundation or sign placed in or over a public utility or drainage easement without consent of the easement holder and Board of Zoning Appeals approval. The proposed sign locations for Villas at Indian Creek HOA are located within a PRD Zone. The applicant is requesting permission to erect seven (7) externally illuminated, Development id, freestanding wall signs with 3 sq. ft. display area and 6 OAH along the eastern side of Fortress Blvd., two (2) located on each corner of the intersection of Fortress Blvd and Twin Moons Way and two (2) on each corner of the intersection of Fortress Blvd and Lone Wolf Run and one (1) on the southeast corner of Fortress Blvd and Chippewa Place All seven (7) signs will be located within a common area which is designated as public utility & drainage easements. The Agreement for a Sign in a City of Murfreesboro Easement has been signed by the City Engineer and the Director of Building & Codes but has not been signed by the Murfreesboro Water and Sewer Department or Murfreesboro Electric Department at this time. Consolidated Utility District (CUD) has submitted an approved agreement for sign installation in CUD waterline easement. The sign placement will also require letters of approval from Bell South and Atmos. The applicant is in the process of obtaining all the necessary signatures and letters of approval. Should the Agreements not be signed and appropriate letters submitted prior to the meeting, the application will be withdrawn until we have received the signed Agreements and letters. The applicant will comply with all other setbacks and regulations. Mr. Higbee will be in attendance at the meeting to answer any questions that the Board may have.

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