CITY OF MURFREESBORO BOARD OF ZONING APPEALS

Transcription

1 CITY OF MURFREESBORO BOARD OF ZONING APPEALS Regular Meeting, April 25, 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 March 25, New Business Sign Variance Requests a. Application S by Mr. Matt Taylor of Site Engineering Consultants, Inc., for the Lyle Finley Revocable Trust, 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 1209 Fortress Boulevard. b. Application S by Mr. David Seals of Seals Electric, for Mr. Pradeep Agnihotri, 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 1536 Joe B. Jackson Parkway. c. Application S by Ms. Denys Palmer of Jarvis Sign Co., for the YMCA, 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 205 North Thompson Lane. Variance Request d. Application Z by Mr. Jerrold Pedigo, is requesting the following variances for property in a PRD (Planned Residential District) zone located at 1720 Twelve Oaks Lane: A variance from Section 25(B)(4) of the City of Murfreesboro Zoning Ordinance, which states that a swimming pool accessory to a residential building shall not be located between the principal structure and the front lot line.;

2 Pertaining to a proposed swimming pool, a variance from Section 25(E)(1)(a) of the City of Murfreesboro Zoning Ordinance, which states that detached accessory structures shall be no closer to the front lot line than ten (10) feet behind the front of the principal structure.; and Pertaining to a proposed pool house, a variance from Section 25(E)(1)(a) of the City of Murfreesboro Zoning Ordinance, which states that detached accessory structures shall be no closer to the front lot line than ten (10) feet behind the front of the principal structure. Special Use Permit Requests e. Application Z by Dr. Mike Norris, for Franklin Road Baptist Church, is requesting a special use permit for two (2) temporary events with an unlimited number of temporary noncommercial flag signs for property located at 3148 Franklin Road in the equivalent of a Residential Single-Family (RS-15) zone. f. Application Z by Ms. Brenda Rahrer, for Surefire Fireworks, 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 Barfield Crescent Road. g. Application Z by Mr. Aaron Blankenship, for Ole South Patriotic, Inc., 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 northeast corner of South Rutherford Boulevard and John Bragg Highway. h. Application Z by Ms. Katie Faires, for TNT Fireworks, 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 125 John R. Rice Boulevard. i. Application Z by Ms. Katie Faires, for TNT Fireworks, 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 2000 Old Fort Parkway.

3 j. Application Z by Mr. Jake Loyd, for Mid America Distributors, Inc., 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 120 River Rock Boulevard. k. Application Z by Ms. Julie Smith, for Absolute Fireworks, is requesting a special use permit in order to operate a temporary outdoor vending establishment (seasonal fireworks retailer) in a Commercial Local (CL) zone for property located at 3216 Memorial Boulevard. Special Use Permit/Variance Request l. Application Z by Ms. Julie Smith, for Absolute Fireworks, is making the following requests for property located in a Commercial Highway (CH) zone at Cason Lane: A special use permit in order to operate a temporary outdoor vending establishment (seasonal fireworks retailer); and A variance from Section 9(D)(2)(eeee)[2], which states that in the event the proposed location of a temporary vendor will be on the site of an existing permanent business, the number of parking spaces displaced by the temporary vendor (including areas for tents, trailers, inventory, and parking for the temporary vendor) will not total more than 25% of the total parking available on the site. 4. Staff Reports and Other Business 5. Adjourn

4 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS APRIL 25, 2012 Application: Address: Applicant: Zoning: Request: S Fortress Boulevard Mr. Matt Taylor of Site Engineering Consultants, Inc., for the Lyle Finley Revocable Trust 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, Matt Taylor representing Lyle Finley Revocable Trust 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.

5 The sign location proposed at 1209 Fortress Blvd. is within the Gateway Design Overlay (GDO)-1 zone. The applicant is requesting permission to erect two (2) push-thru style internally illuminated, freestanding wall signs with 54 sq. ft. display area each and an overall height of 8 each. One (1) sign will be located on Manson Pike within an existing 15 Slope easement and a 30 sanitary easement. Another sign (1) will be located on Fortress Blvd within a 30 CUD Waterline easement. The Agreement for a Sign in a City of Murfreesboro Easement has been signed by the Director of Building & Codes, the City Engineer, and Murfreesboro Water and Sewer Department. Consolidated Utility District (CUD) has also submitted an approved agreement for sign installation in CUD easement. The applicant will comply with all other setbacks and regulations. Mr. Taylor will be in attendance at the meeting to answer any questions that the Board may have.

6 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS APRIL 25, 2012 Application: Address: Applicant: Zoning: Request: S Joe B. Jackson Parkway Mr. David Seals of Seals Electric, for Mr. Pradeep Agnihotri 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, David Seals representing The Agnihotri Group 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

7 without consent of the easement holder and Board of Zoning Appeals approval. The sign location proposed at 1536 Joe B. Jackson is within the Commercial Highway zone (CH). The applicant is requesting permission to erect one (1) internally illuminated ground sign with 66 sq. ft. display area and an overall height of 10. The sign will be located within an existing 10 Public Utility easement and a 30 water line easement. The Agreement for a Sign in a City of Murfreesboro Easement has been signed by the Director of Building & Codes, Murfreesboro Water and Sewer Department, and the Murfreesboro Electric Department. Consolidated Utility District (CUD) has submitted an approved agreement for sign installation in CUD easement. Atmos energy has submitted a statement referencing they have no facilities within the utility easement along Joe B. Jackson Pkwy and therefore have no objection to the sign placement. AT&T has also submitted a letter of approval for sign placement. The applicant will comply with all other setbacks and regulations. Mr. Seals will be in attendance at the meeting to answer any questions that the Board may have.

8 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS APRIL 25, 2012 Application: Address: Applicant: Zoning: Request: S North Thompson Lane Ms. Denys Palmer of Jarvis Sign Co., for the YMCA 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, Denys Palmer, representing YMCA 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 sign location proposed is at 205 N. Thompson Ln, Murfreesboro TN

9 The applicant is requesting permission to erect a V-shaped, internally illuminated, freestanding wall sign with 70 sq. ft. overall display area and 6 5 overall height within a Water and Sewer easement. The Agreement for a Sign in a City of Murfreesboro Easement has been signed by the Murfreesboro Water and Sewer Department and the Director of Building & Codes. All other setbacks and regulations will apply. Ms. Palmer will be in attendance at the meeting to answer any questions that the Board may have.

10 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS APRIL 25, 2012 Application: Z Address: 1720 Twelve Oaks Lane Applicant: Mr. Jerrold Pedigo Zoning: Planned Residential District (PRD) Requests: A variance from Section 25(B)(4) of the City of Murfreesboro Zoning Ordinance, which states that a swimming pool accessory to a residential building shall not be located between the principal structure and the front lot line.; Pertaining to a proposed swimming pool, a variance from Section 25(E)(1)(a) of the City of Murfreesboro Zoning Ordinance, which states that detached accessory structures shall be no closer to the front lot line than ten (10) feet behind the front of the principal structure.; and Pertaining to a proposed pool house, a variance from Section 25(E)(1)(a) of the City of Murfreesboro Zoning Ordinance, which states that detached accessory structures shall be no closer to the front lot line than ten (10) feet behind the front of the principal structure.

11 The subject property is located along the south side of Twelve Oaks Lane in the Twelve Oaks Subdivision, just to the east of Manchester Highway. The subject property is zoned PRD (Planned Residential District), because Twelve Oaks Lane is a private street. The existing house on the subject property faces Twelve Oaks Lane, while the southern lot line borders Irby Lane. The subject lot totals 4.17 acres and is what is known as a double frontage lot, as it has frontage on both the private Twelve Oaks Lane and the public Irby Lane. The homeowners would like to construct a new in-ground swimming pool as well as a pool house to the rear of their existing house, in between the existing house and the southern lot line, which is considered a front lot line, because it is adjacent to Irby Lane. The Zoning Ordinance dictates that private swimming pools in residential zoning districts shall not be located between the principal structure and the front lot line. It also requires that all accessory structures be no closer to the front lot line than 10 behind the front of the principal structure. (The front of the principal structure is considered to be any side of the structure facing a front lot line.) The applicant has requested a variance to these provisions, which are universally applicable to both traditional residential zoning classifications as well as planned residential developments. Included with the agenda materials is a letter from the applicant addressing Section 10 of the Zoning Ordinance, as well as a site plan depicting the request. According to the Zoning Ordinance, a double frontage lot consists of a lot with frontage on two non-intersecting streets. If, on the plat, there is a restriction placed on the double

12 frontage lot that there is no access allowed to one of the streets it fronts on, then that adjacent lot line is considered a rear lot line, instead of a front lot line. In the applicant s case, there was no such restriction recorded on the plat, meaning that the lot line along Irby Lane is still considered a front lot line. Because a private swimming pool, or any accessory structure for that matter, cannot be located between the principal residential structure and any front lot line, the applicant is essentially prohibited from constructing a swimming pool or other accessory structure on his property, unless it is to be located to the side of his house. The applicant states that it would be less attractive to construct the pool and pool house where the Zoning Ordinance would allow -- to the side of the house. The existing house has its primary access from Twelve Oaks Lane and actually faces Twelve Oaks Lane. The applicant considers the southern portion of his lot adjacent to Irby Lane his rear yard and it will continue to be used as such. The applicant states that his existing house is approximately 400-feet from Irby Lane. The pool and pool house will be located approximately 100 south of the existing house, which means that it will still be approximately 200 from the Irby Lane right-of-way. The applicant has verbally indicated to Staff that the pool house, which has not yet been designed, will likely consist of a bathroom and an open area for entertaining. The swimming pool will be 24 x 54. He references in his letter to the Board that several years ago his next-door neighbors to the east were granted a variance to allow the construction of a swimming pool to the rear of their house towards Irby Lane. Mr. Pedigo provides additional reasons for his request in his letter. The Board may wish to note that when it approved the variance for the next door neighbors at 1730 Twelve Oaks Lane, it did so with the following condition in order to keep with the intent of the Zoning Ordinance: There shall be no future vehicular/driveway access to Irby Lane from the subject property (1730 Twelve Oaks Lane). Mr. Pedigo already has a secondary vehicular access drive along Irby Lane. He has indicated to Staff, however, that it was installed primarily as a construction entrance for the construction of the pool and pool house, so that heavy truck traffic won t damage Twelve Oaks Lane. In addition, he stated to Staff that he would like for it to remain as a secondary access point in the future for infrequent limited use after construction is completed. He has stated that his primary access will remain off of Twelve Oaks Lane. With the existing driveway off of Irby Lane, it does not appear practical to place the same condition on this application that was placed on the variance for the property next door. However, Staff believes that a condition limiting the use of the driveway will be in keeping with the intent of the Zoning Ordinance. If the Board chooses to approve this application, staff recommends the following condition: 1) The primary vehicular access for the subject lot shall continue to be from Twelve Oaks Lane. The existing driveway access from Irby Lane shall only be used infrequently as a secondary access point and/or a construction entrance. Mr. Pedigo will be in attendance at the meeting to answer any questions that the Board may have.

13 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS APRIL 25, 2012 Application: Address: Applicant: Zoning: Request: Z Franklin Road Dr. Mike Norris, for Franklin Road Baptist Church The equivalent of Residential Single-Family (RS-15) A special use permit for two (2) temporary events with an unlimited number of temporary noncommercial flag signs The subject property is located along the north side of Franklin Road just west of Gresham Lane. It is developed with Franklin Road Baptist Church and Franklin Road Christian School. Several years ago, the property was approved by the Planning Commission and City Council as an outside the City sewer customer. As such, the property is required by contract to comply with various City codes, including the Sign Ordinance. When the property was approved as an outside the City sewer customer, it was assigned the equivalent zoning of RS-15 (Residential Single-Family).

14 The applicant would like approval for two (2) temporary events with an unlimited number of non-commercial flag signs. The Sign Ordinance requires that in order for a temporary event to have an unlimited number of non-commercial flag signs, it must first receive a special use permit from the Board of Zoning Appeals. According to the Sign Ordinance, the flag signs are not to exceed 24 square-feet each, they can be displayed for a maximum of seven (7) consecutive days per temporary event, and they cannot be approved for more than two (2) temporary events per 12-month period. The applicant has submitted a letter describing his request and addressing Sections 8 and 9 of the Zoning Ordinance. The standards of general applicability apply and are the operative standards for the review of this special use permit request. The church is requesting approval for two (2) 7-day events. The first will be held from June 21 st until June 28 th and will be associated with an event called Patriotic Sunday, which will be held at the church on Sunday, June 24 th. On Patriotic Sunday, veterans and military personnel will be recognized during worship services. In addition, local and State dignitaries will also be on hand. According to the applicant, the church, which owns several parcels in the immediate vicinity, will have adequate parking on-site to accommodate the event. The church has actually held this event at numerous times in the past prior to being approved as an outside the City sewer customer. The second event that the church is requesting is an Independence Day Flag Display, which will be held from June 29 th, 2012 until July 5 th, Flags will not be installed prior to June 21 st and they will be removed no later than July 5 th. The Board should note that these events would not require a special use permit if not for the unlimited number of non-commercial flag signs. The applicant proposes a total of thirty (30) American flags placed at approximately 10- foot intervals along the frontage of the subject property. The flags will be 3 x 5 and will be on poles mounted approximately 12-inches in the ground. Because of the shoulder of Franklin Road and the width of the right-of-way, the placement of the flags should not pose any traffic sight-distance problems. There is an existing Murfreesboro Water and Sewer Department (MWSD) sanitary sewer line as well as an existing Consolidated Utility District (CUD) water line in front of the church. According to MWSD, the sewer line is buried approximately 7.5 -deep. According to CUD, however, its water line is buried approximately 2.5 -deep. CUD has indicated that as long as the poles are buried no deeper than 12-inches, there will be no conflict with the existing water line. If the Board approves this application, staff recommends the following condition: 1) The flag poles should be installed into the ground no deeper than 12-inches, so as not to conflict with the existing CUD water line. Dr. Norris will be in attendance at the meeting to answer any questions that the Board may have.

15 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS APRIL 25, 2012 Application: Address: Applicant: Zoning: Request: Z Barfield Crescent Road Ms. Brenda Rahrer, for Surefire Fireworks Commercial Highway (CH) A special use permit in order to operate a temporary outdoor vending establishment (seasonal fireworks retailer) The subject property is located along the south side of Barfield Crescent Road west of South Church Street. The subject property is currently developed with an office condominium development called Barfield Square, and the applicant wishes to locate a seasonal fireworks tent on the parking lot of the subject site. The applicant has submitted a letter describing her request and addressing the standards for temporary vendors, as well as a site plan of the property and a permission letter from the property owner allowing the use of the property as proposed.

16 This site was approved for the first time in 2011 for a seasonal fireworks retailer. 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 is only seeking approval for the July 4 th selling season. The tent s hours of operation will be from 8 AM until 10 PM, with the exception of July 3 rd and 4 th, during which time the tent will be open until midnight. This site passed its initial codes and zoning inspections after the application was made. The size of the proposed tent is 40 x 60. The tent will be compliant with the 42-foot front setback along Barfield Crescent Road. The applicant proposes to use a generator to provide power to the tent. The tent operator will properly dispose of solid waste as needed off-site. The applicant has indicated that there will be a security vehicle on-site overnight. The applicant will have a portable toilet brought on-site for the duration of the selling season. The tent exceeds the minimum separation requirements for alcohol sales for on-site consumption, as the closest establishment that serves alcohol, a restaurant across the street, is approximately 275-feet from the proposed tent. There is a fire hydrant within 500-feet of the proposed tent, and the proposed tent will not be located within 200-feet of a fuel source. There appears to be adequate space for parking for the existing use and the proposed fireworks tent at this location. There are 68 parking spaces on-site, and the applicant has indicated that there will be at most 15 parking spaces displaced by customer parking. The tent itself will not actually be located on striped parking spaces. It will be located on a 40-foot-wide paved driveway that was constructed from the existing parking lot to Barfield Crescent Road. The driveway no longer has access to Barfield Crescent Road as sidewalk and curbing have been installed, so it essentially serves no function to the existing tenants in the development. 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 must 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) No direct access onto Barfield Crescent Road will be allowed. To this end, three (3) Type 3 barricades must be in place on the driveway behind the sidewalk along Barfield Crescent Road at all times during the selling season. Ms. Rahrer will be in attendance at the meeting to answer any questions that the Board may have.

17 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS APRIL 25, 2012 Application: Location: Applicant: Zoning: Request: Z At the northeast corner of South Rutherford Boulevard and John Bragg Highway Mr. Aaron Blankenship, for Ole South Patriotic 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 northeast corner of South Rutherford Boulevard and John Bragg Highway. The lot is currently vacant and consists of a gravel and shot rock surface. The subject property was originally a low-lying lot, and in order to prepare it for speculative development, it was filled with shot rock by the property owner. Since then, additional gravel has been added on top of the shot rock to make it a more suitable surface for vehicular travel. The applicant has submitted a letter describing his request

18 and addressing the standards for temporary vendors, as well as a site plan of the property and a copy of his lease from the property owner. This site has been approved for a fireworks tent for the 4 th of July season six (6) times before. 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 s letter proposes to sell fireworks within the above timeframe but not during the New Year s selling season. His hours of operation will be from 8:00 AM until 11:00 PM, except on July 3 rd and 4 th, on which days the tent will be open until after midnight. Staff is not aware of any complaints regarding this site s operation from previous seasons. This site passed its initial codes and zoning inspections after the application was made. The size of the proposed tent is 40 x 60 and it appears that it will comply with the minimum setbacks of the CH zoning district. The applicant proposes to use a generator to provide electricity to the tent. The tent operator will dispose of solid waste at the end of each business day. The applicant has indicated that the tent operator and his vehicle will remain on-site during the overnight hours for security purposes. The applicant will bring in a portable toilet for the duration of the special use. 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. There appears to be adequate space for parking on the gravel lot. The quality of the travel surface may have deteriorated over the past year, as the finer gravel tends to settle in amongst the shot rock, and the applicant will likely need to have a fresh load of gravel brought in to smooth out the travel surface. The site will continue to be accessed from South Rutherford Boulevard, and there will be no access onto John Bragg Highway. There is a gravel drive heading north on the subject property toward a second access point on South Rutherford Boulevard as well as toward Arnold Lane, which is a residential street north of the subject property. Staff feels that it is appropriate to eliminate access along this gravel drive for the duration of the applicant s operation. This has been made a condition of approval in the past, and the applicant has no problems making it a condition of approval once again. The site far exceeds the minimum separation requirements for alcohol sales for on-site consumption and from gasoline pumps. The site is approximately 350-feet from an existing fire hydrant, meeting minimum requirements. There is a TVA easement at the northern end of the subject lot, but the fireworks tent and all inventory will be located at the southern end of the lot, outside of the TVA easement. 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.

19 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 northern access onto South Rutherford Boulevard must be barricaded, as well as the gravel drive coming from this northern access as it intersects with the applicant s parking lot. 10) No vehicular access to John Bragg Highway will be allowed. Mr. Blankenship will be in attendance at the meeting to answer any questions that the Board may have.

20 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS APRIL 25, 2012 Application: Address: Applicant: Zoning: Request: Z John R. Rice Boulevard Ms. Katie Faires, for TNT Fireworks Commercial Highway (CH) A special use permit in order to operate a temporary outdoor vending establishment (seasonal fireworks retailer) The subject property is located along the east side of John R. Rice Boulevard north of Old Fort Parkway. The subject property is currently developed as a Sam s Club, 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 vendors, as well as a site plan of the property and a permission letter from the property owner allowing the use of the property as proposed.

21 This site has been approved for a fireworks tent from 1997 through 2011 (except in 2004). 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 is only seeking approval for the July 4 th selling season. The tent s hours of operation will be from 10 AM until 10 PM, with the exception of July 3 rd and 4 th, during which time the tent will be open until midnight. Staff is not aware of any complaints regarding this site s operation from previous seasons. This site passed its initial codes and zoning inspections after the application was made. The size of the proposed tent is 40 x 60 and will comply with the minimum setback requirements in the CH zoning district. The applicant proposes to use a generator to provide power to the tent. The tent operator will properly dispose of solid waste as needed, and the Sam s Club Dumpsters will likely be utilized. The applicant has indicated that she is not sure if her tent operator will have a vehicle on-site during the overnight hours for security purposes, but she would like to reserve the right for her tent operator to be able to do so if needed. The applicant has stated that a portable toilet will be brought in on-site. The tent is proposed to be located on the north end of the parking lot near the northernmost driveway aisle. There is adequate space for parking for the existing use and the proposed fireworks tent at this location, and the operation of the tent will not displace more than 25% of the existing parking on-site. The tent far exceeds the minimum separation requirements for alcohol sales for on-site consumption and is approximately 270-feet from the nearest fuel source, which complies with minimum requirements. The tent is approximately 210-feet from an existing fire hydrant, also meeting minimum requirements. There is an existing Murfreesboro Water and Sewer Department (MWSD) water line in close proximity to the north side of the tent. With other applications, MWSD has required that no tent stakes be driven into the ground within 10 of a marked water line. The applicant has indicated that she does not intend to use tent stakes for this tent. Instead, she will use methods to weight down the tent that will not require her to penetrate the surface of the parking lot. If the tent is erected in this manner, there will be no conflict with the water line. 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 must 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) Tent stakes penetrating the surface of the parking lot will not be allowed within 10 of the existing water line. Ms. Faires will be in attendance at the meeting to answer any questions that the Board may have.

22 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS APRIL 25, 2012 Application: Address: Applicant: Zoning: Request: Z Old Fort Parkway Ms. Katie Faires, for TNT Fireworks Commercial Highway (CH) A special use permit in order to operate a temporary outdoor vending establishment (seasonal fireworks retailer) The subject property is located along the north side of Old Fort Parkway east of North Thompson Lane. The subject property is currently developed as a Wal-Mart Supercenter, and the applicant wishes to locate a seasonal fireworks tent on the parking lot of the subject site. The applicant has submitted a letter describing her request and addressing the standards for temporary vendors, as well as a site plan of the property and a permission letter from the property owner allowing the use of the property as proposed.

23 This site has been approved for a fireworks tent from 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 is only seeking approval for the July 4 th selling season. The tent s hours of operation will be from 10 AM until 10 PM, with the exception of July 3 rd and 4 th, during which time the tent will be open until midnight. Staff is not aware of any complaints regarding this site s operation from previous seasons. This site passed its initial codes and zoning inspections after the application was made. The size of the proposed tent is 20 x 40. The tent will be compliant with the 42-foot front setback along James Luscinski Drive. The applicant proposes to use a generator to provide power to the tent. The tent operator will properly dispose of solid waste as needed, and the Wal-Mart Dumpsters will likely be utilized. The applicant has indicated that she is not sure if her tent operator will have a vehicle on-site during the overnight hours for security purposes, but she would like to reserve the right for her tent operator to be able to do so if needed. The applicant will have a portable toilet brought on-site for the duration of the selling season. There appears to be adequate space for parking for the existing use and the proposed fireworks tent at this location, and the operation of the tent will not displace more than 25% of the existing parking on-site. The tent exceeds the minimum separation requirements for alcohol sales for on-site consumption and from the nearest fuel source. The tent is approximately 250- feet from an existing fire hydrant, also meeting minimum requirements. 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 must 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. Ms. Faires will be in attendance at the meeting to answer any questions that the Board may have.

24 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS APRIL 25, 2012 Application: Address: Applicant: Zoning: Request: Z River Rock Boulevard Mr. Jake Loyd, for Mid America Distributors, Inc. Commercial Highway (CH) A special use permit in order to operate a temporary outdoor vending establishment (seasonal fireworks retailer) The subject property is located along the south side of River Rock Boulevard just east of Cason Lane. In the past, it was used as a mobile home sales lot. The back half of the subject property was redeveloped several years ago with a hair salon. The front portion of the site, however, contains the remnants of the mobile home sales lot. Its surface is partially asphalt, partially gravel, and partially grass. It also includes some old concrete sidewalks. The applicant wishes to locate a seasonal fireworks tent on the subject site. The applicant has submitted a letter describing his request and addressing the standards

25 for temporary vendors, as well as a site plan of the property and his lease from the property owner allowing the use of the property as proposed. This site has never been approved for a seasonal fireworks retailer. Since this is a new site, staff has provided photographs of the site for the Board s reference. 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 within the above timeframe. He is not making application for the New Year s selling season. The tent s hours of operation will be from 8 AM until 10 PM, with the exception of July 3 rd and 4 th, during which time the tent will be open from 7AM until midnight. The size of the proposed tent is 30 x 70 and will comply with the minimum setback requirements in the CH zoning district. The tent operator will properly dispose of solid waste as needed. The applicant has indicated that the tent operator and his vehicle will remain on-site during the overnight hours for security purposes. The applicant will bring in a portable toilet for the duration of the special use. The site passed its initial codes and zoning inspections. Electricity will be provided to the tent via a portable generator. The applicant proposes to pave a portion of the lot, so that the areas to be used for the tent and for parking are located on a hard, dustless surface in order to meet minimum requirements. Barriers will be installed to keep customers from parking on the far east side of the site, which is gravel and is not intended to be used. Customer parking will be provided south of the tent. There appears to be adequate space south of the tent for customer parking. It is important that customers do not park north of the tent or in the driveway aisle west of the tent. The City s Traffic Engineer recommends that signage be put in place notifying customers that parking is located in the rear of the tent. The tent exceeds the minimum separation requirements from the nearest fuel source and from the sale of alcohol for on-premises consumption. There is an existing fire hydrant on the subject property near the proposed tent location. In researching the utility locations on this lot, Staff discovered that there are both water and sewer lines running north-south on this lot. In order for the tent not to conflict with the water and sewer lines, the applicant will need to have the utility lines marked and no tent stakes will allowed to be located within 10 of the marked utility lines. In these areas, the applicant will need to weight the tent down using methods that will not penetrate the ground surface. 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.

26 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) The tent cannot be located on any existing grass area. 9) All areas to be used for parking and for the placement of the tent must be of a hard, dustless surface. Any resurfacing that must be done in order to make the lot compliant must be completed and ready for inspection by the Planning Staff no later than June 20 th. 10) Signage directing customers to park in the rear of the tent must be posted at all times. Mr. Loyd will be in attendance at the meeting to answer any questions that the Board may have.

27 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS APRIL 25, 2012 Application: Address: Applicant: Zoning: Request: Z Memorial Boulevard Ms. Julie Smith, for Absolute Fireworks Commercial Local (CL) A special use permit in order to operate a temporary outdoor vending establishment (seasonal fireworks retailer) The subject property is located along the east side of Memorial Boulevard north of Cedar View Drive. The subject property was previously developed with a motel, which burned down several years ago. The applicant wishes to locate a seasonal fireworks tent on the parking lot of the subject site. The applicant has submitted a letter describing her request and addressing the standards for temporary vendors, as well as a site plan of the property and a permission letter from the property owner allowing the use of the property as proposed.

28 This site has been approved for a seasonal fireworks retailer the past three (3) years ( ). 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 within this timeframe and is only seeking approval for the July 4 th selling season. The tent s hours of operation will be from 10 AM until 10 PM, with the exception of July 4 th and 5 th, during which time the tent will be open until midnight. This site passed its initial codes and zoning inspections after the application was made. The size of the proposed tent is 30 x 45. The tent will be compliant with the 42-foot front setback along Memorial Boulevard. The applicant proposes to use a temporary power pole to provide power to the tent. The tent operator will properly dispose of solid waste as needed. The applicant has indicated that the tent operator will keep a vehicle on-site at night for security purposes. The applicant will have a portable toilet brought on-site for the duration of the selling season. There is one access point off of Memorial Boulevard, and there appears to be adequate space for parking for the proposed use. The tent location exceeds the minimum distance from the gas pumps at the Shell station next door, as well as the minimum distance to Sir Pizza across the street, which sells alcohol for on-site consumption. The tent location is also within 500-feet of a fire hydrant. There is a fairly steep drop-off at the eastern edge of the parking lot to where the motel building previously stood. Staff recommends that the BZA require a barricade be erected for safety reasons during the selling season on this eastern edge of the parking lot so that drivers are clearly aware of where that ledge is. In addition, there is a large grass island in the middle of the site with one side uncurbed. Staff recommends that this side of the grassy island also be barricaded so that customers are not tempted to park on the grass island. 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 must 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 CL zoning district, and a tent permit must be obtained for the tent. 8) A physical barricade must be erected along the eastern edge of the parking lot as well as the northern side of the grass island in the middle of the site. Ms. Smith will be in attendance at the meeting to answer any questions that the Board may have.

29 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS APRIL 25, 2012 Application: Z Address: Cason Lane Applicant: Ms. Julie Smith, for Absolute Fireworks Zoning: Commercial Highway (CH) Requests: A special use permit in order to operate a temporary outdoor vending establishment (seasonal fireworks retailer); and A variance from Section 9(D)(2)(eeee)[2], which states that in the event the proposed location of a temporary vendor will be on the site of an existing permanent business, the number of parking spaces displaced by the temporary vendor (including areas for tents, trailers, inventory, and parking for the temporary vendor) will not total more than 25% of the total parking available on the site.

30 The subject property is located along the east side of Cason Lane just south of River Rock Boulevard. The lot is currently developed with a Laundromat. A second suite in the building previously housed a tanning salon, but that tenant space is currently vacant. The applicant has submitted a letter describing her request and addressing the standards for temporary vendors, as well as a site plan of the property and a permission letter from the owner allowing the use of the property as proposed. This site has been approved for a fireworks tent for the 4 th of July season six (6) times before, from 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 and from December 26 th to January 2 nd. The applicant proposes to sell fireworks during both the July 4 th and New Year s selling seasons. The tent s hours of operation will be from 10 AM until 10 PM, with the exception of July 4 th, July 5 th, December 31 st, and January 1 st during which time the tent will be open until midnight. Staff is not aware of any complaints regarding this site s operation from previous years. This site passed its initial codes and zoning inspections after the application was made. The size of the proposed tent is 30 x 45 and will comply with the minimum setback requirements in the CH zoning district. The applicant proposes to install a temporary power pole to provide electricity to the tent. The tent operator will properly dispose of solid waste as needed, and there will be a trash can onsite. The applicant has indicated that the tent operator and his vehicle will remain on-site during the overnight hours for security purposes. The applicant has provided written permission from the property owner in order to use the restrooms at the Laundromat onsite, which is a 24-hour establishment. The site exceeds the minimum separation requirements from sale of alcohol for on-site consumption and from gasoline pumps. The tent is less than 100-feet from an existing fire hydrant, meeting minimum requirements. The applicant is also requesting a variance from the parking standards for temporary vendors. The Zoning Ordinance states that if a temporary vendor is to be located on the site of an existing business, it cannot use more than 25% of the total number of parking spaces on-site. Ms. Smith estimates that the maximum number of parking spaces that will be used in conjunction with her business will be thirteen (13). There is a total of forty-two (42) parking spaces on-site, meaning that she proposes to use 31% of the total number of parking spaces on-site. She has also stated, however, that, realistically, the only time during the entire selling season when that many spaces will be used will be on July 4 th. In addition, it is important to note that the tenant space next to the Laundromat is vacant, meaning that the demand for parking on-site is less than in previous years (provided that this tenant space remains vacant during the July 4 th selling season). Ms. Smith applied for and was granted the same variance the past four (4) years and staff has not received any complaints with regard to the amount of parking on-site. If the Board approves the special use permit, 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.

31 4) No fireworks are to be set off on-site. 5) All signage must 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. Ms. Smith will be in attendance at the meeting to answer any questions that the Board may have.