CITY OF MURFREESBORO BOARD OF ZONING APPEALS

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1 CITY OF MURFREESBORO BOARD OF ZONING APPEALS Regular Meeting, April 28, 2010, 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 March 31, New Business Special Use Permit Requests a. Application Z by Ms. Debbie Wall, for B&B Fireworks, LLC, is requesting a special use permit in order to operate a temporary outdoor vending establishment (seasonal fireworks retailer) in a Commercial Highway (CH) zone for property located at the southeast corner of South Church Street and Southeast Broad Street. b. Application Z by Ms. Chrissy Russell, is requesting a special use permit in order to operate a temporary outdoor vending establishment (food sales) in a Commercial Highway (CH) zone for property located at 2047 Old Fort Parkway. Sign Variance Request c. Application S by Mr. Jeff Conar of Littlejohn Engineering Associates, for Fifth Third Bank, is requesting 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 on property located at 3405 Memorial Boulevard. 4. Staff Reports and Other Business 5. Adjourn

2 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS APRIL 28, 2010 Application: Location: Applicant: Zoning: Request: Z At the southeast corner of South Church Street and Southeast Broad Street Ms. Debbie Wall, for B&B Fireworks, LLC Commercial Highway (CH) A special use permit in order to operate a temporary outdoor vending establishment (seasonal fireworks retailer) The subject property is located at the southeast corner of Southeast Broad Street and South Church Street, west of McDonalds and north of Kentucky Fried Chicken. The subject property was previously developed with a gas station, and the applicant wishes to locate a seasonal fireworks tent on the subject site. The applicant has submitted a letter describing her request and addressing the standards for temporary vending, as well as a

3 site plan of the property and a copy of the lease from the property owner allowing the use of the property as proposed. This site has been approved for a fireworks tent from 1997 through According to the City Code, fireworks are permitted to be sold and used in the City limits from June 28 th to July 5 th. The applicant proposes to sell fireworks only during the designated July 4 th selling season. The tent s hours of operation will be from 8 AM until 10 PM, with the exception of July 4 th, when the tent will be open until midnight. This site has passed its initial codes and zoning inspections. The size of the proposed tent is 30 x 50 and will comply with the minimum setback requirements in the CH zoning district. The applicant proposes to connect to an existing power source on the KFC sign along Southeast Broad Street. The applicant has indicated that an employee will dispose of trash off-site daily. The applicant has indicated that the tent operator and his vehicle and/or a travel trailer will remain on-site during the overnight hours for security purposes. The applicant has stated that a portable toilet will be brought in on-site. The tent complies with the minimum distance requirements from on-site alcohol sales/consumption and from the nearest fuel source. The tent is approximately 170-feet from an existing fire hydrant, meeting minimum requirements. There is a nearby electric easement on-site, but the tent will be located outside of it. Although the tent and parking area are proposed to be located on a gravel surface, this is an existing gravel lot that has been grandfathered in for temporary vending purposes. Staff has inspected the property and there appears to be adequate space for parking on the gravel lot. The quality of the travel surface on this lot tends to deteriorate during the course of the year, however, as there are a number of potholes. Additional gravel should be added to the site to smooth out the lot, including any drop-offs from the driveway ramps into the site. There are currently two direct access points onto South Church Street and one direct access point onto Southeast Broad Street, as well as access to KFC s northernmost driveway. Because of the volume of traffic that travels this busy intersection, staff would recommend that the northernmost access drive onto South Church Street be barricaded during the selling season. The BZA should also note that several years ago a site plan for a McDonald s/gas station combo development was denied due to traffic concerns at this intersection. In addition, after the previous gas station on the site was demolished, the area where the building was located was sodded in order to meet minimum codes requirements. In order not to damage this sodded area, it should be barricaded in order to prohibit vehicular travel over it. The BZA approved this application from subject to the above conditions. The BZA should note that staff has had difficulty with this site in the past being cleaned up in a timely fashion. The applicant is well aware that if there is a re-occurrence of this same problem this year, the deposit will not be refunded.

4 If the Board approves this application, staff recommends the following conditions: 1) Certification should be submitted that the tent is flame-resistant or treated to be flame-resistant. 2) A fire extinguisher should be kept on-site at all times. 3) The City s fireworks ordinance should be posted on-site. 4) No fireworks are to be set off on-site. 5) All signage is to comply with the City s Sign Ordinance. 6) 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. 7) The tent must meet all minimum building setback requirements for the CH zoning district, and a tent permit must be obtained for the tent. 8) All grass and weeds growing up through the existing gravel must be removed and/or killed, as no grass surfaces are allowed for the placement of the tent and for vehicular travel/parking. In addition, the applicant may need to add gravel and/or smooth out the existing gravel surface, subject to the approval of the Planning Staff. 9) The sodded area should be barricaded in order to prohibit vehicular travel over it. 10) The northernmost ramp onto South Church Street must be barricaded during the selling season. Ms. Wall will be in attendance at the meeting to answer any questions that the Board may have.

5 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS APRIL 28, 2010 Application: Address: Applicant: Zoning: Request: Z Old Fort Parkway Ms. Chrissy Russell Commercial Highway (CH) A special use permit in order to operate a temporary outdoor vending establishment (food sales) The subject property is located in the parking lot of the Towne Center shopping center, which houses Toys R Us, Target, and Lowe s, among other businesses. The applicant proposes a temporary outdoor food sales site (shaved ice sales) to be located in the back row of parking spaces directly opposite from Electronics Express. She has submitted a lease from the property owner granting her permission to set up on the subject property, as well as a site plan and other supporting documentation. The applicant would like to be approved for operation beginning on May 1 st, 2010 and ending on August 31 st, Even though the temporary vending regulations only allow

6 sites to be approved for seventy (70) days, this is one of the locations that was grandfathered in for six-month approvals. She is seeking approval for only four (4) months in 2010, however. The applicant has been approved at this location from , and staff is not aware of any complaints regarding the site s operation during the previous years approvals. The proposed hours of operation will be Monday thru Thursday from 12:00 PM until 7:00 PM, Friday and Saturday from 11:00 AM until 9:00 PM, and on Sunday from 1:00 PM until 6:00 PM. The business will be conducted out of a 6 x 12 trailer, which will be removed from the premises at the end of each business day. The trailer will take up three (3) parking spaces, which does not exceed the maximum amount of parking allowed on-site for a temporary vendor. The location the applicant is looking to place the trailer will comply with all setback requirements for the CH zoning district. The site has passed its initial codes and zoning inspections. Included with the application is correspondence from Electronics Express allowing use of the restrooms for the duration of the approval. The Electronics Express restrooms will be available during the applicant s hours of operation. The applicant has stated that she will handle solid waste management by using a garbage can that will be emptied out off-site at the end of each business day. She intends to use a generator for power as she has done the last four (4) years. The proposed location for the trailer is approximately 460-feet from a fire hydrant, which meets the minimum requirements outlined in the Zoning Ordinance. The temporary vending regulations prohibit tables and chairs on-site, and the applicant is aware of this. Ms. Russell has indicated that there will be a drive-thru this year as there has been in years past. The drive-thru will be designed in the same manner that has been approved in years past by the City s Traffic Engineer, Mr. Balachandran. If the Board approves this application, staff recommends the following conditions: 1) The proposed trailer must pass an electrical safety inspection prior to beginning operation. An electrical permit must be purchased from the Building and Codes Department in order to obtain this inspection. 2) The time period of operation will be from May 1, 2010 until August 31, Ms. Russell will be in attendance to answer any questions that the Board may have.

7 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS APRIL 28, 2010 Application: Address: Applicant: Zoning: Request: S Memorial Boulevard Mr. Jeff Conar of Littlejohn Engineering Associates, for Fifth Third Bank Commercial Highway (CH) 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, Mr. Jeff Conar, representing Fifth Third Bank, is requesting a variance from Section 25 ¼-24 (A)(22) of the City of 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 is located within a Commercial Highway (CH) Zone.

8 The applicant is requesting permission to erect one (1) internally-illuminated ground sign with 98 square-feet of display area and an overall height of 21-feet. The sign will be located within a 20-foot sanitary sewer easement. The Agreement for a Sign in a City of Murfreesboro Easement has been signed by the Assistant Director of the Murfreesboro Water and Sewer Department and the Director of the Building & Codes Department The applicant will comply with all other setbacks and regulations. If the Board approves this request, staff recommends the following condition: 1) Due to the sensitivity of the placement of the sign, a Certification of Sign Placement form must be completed by a State of Tennessee licensed engineer or surveyor and submitted to the Building and Codes Department prior to permitting. Mr. Conar will be in attendance to answer any questions that the Board may have.

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