CITY OF MURFREESBORO BOARD OF ZONING APPEALS

Transcription

1 CITY OF MURFREESBORO BOARD OF ZONING APPEALS Regular Meeting, March 31, 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 February 24, 2010, and the special-called meeting on March 5, New Business Variance Requests a. Application Z by Mr. Matt Taylor of SEC, Inc., for First National Bank of McMinnville, is requesting a 7-foot variance from the minimum required 7-foot separation between buildings and parking in the Gateway Design Overlay District (GDO-3) for property located along the north side of Gateway Boulevard east of Garrison Drive. b. Application Z by Mr. Steve James of James & Associates Residential Designers, LLC, for Mr. Don Gregg, is requesting a 7-percent variance to the maximum allowed 25-percent lot coverage in a Residential Single-Family (RS-15) zone for property located at 628 East Main Street. Special Use Permit Requests c. Application Z by Mr. Manly Thweatt of Huddleston- Steele Engineering, Inc., for Northfield Boulevard Church of Christ, is requesting a special use permit in order to expand an existing institutional group assembly use (a place of worship) in a Residential Single-Family (RS-15) zone for property located at 2091 Pitts Lane. d. 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.

2 e. 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 1266 Northwest Broad Street. f. 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 Fringe (CF) zone for property located at 2061 Lascassas Pike. g. 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 Old Fort Parkway. h. 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 the northeast corner of Memorial Boulevard and Airport Road. i. 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 Local (CL) zone for property located at the southeast corner of South Rutherford Boulevard and East Main Street. 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 the southeast corner of Southeast Broad Street and Kensington Square Court. k. 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 2510 South Church Street.

3 l. Application Z by Mr. Alton Sims, is requesting a special use permit in order to operate a temporary outdoor vending establishment (produce sales) in a Commercial Highway (CH) zone for property located at 2510 South Church Street. m. Application Z by Mr. Winthrop Smith, is requesting a special use permit in order to operate a temporary outdoor vending establishment (produce sales) in a Commercial Highway (CH) zone for property located at 106 Barfield-Crescent Road. n. Application Z by Ms. Jennifer Richardson, is requesting a special use permit in order to conduct a home occupation (Artist Studio) at her residence located at 1903 Cypress Drive. The property is located in a Residential Single-Family (RS-10) zone. Sign Variance o. Application S by Mr. Stan Harvey of Sun Company Builders, for Huddleston-Steele Engineering, Inc., 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 2115 Northwest Broad Street. 4. Staff Reports and Other Business 5. Adjourn

4 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS MARCH 31, 2010 Application: Location: Applicant: Zoning: Request: Z Along the north side of Gateway Boulevard east of Garrison Drive Mr. Matt Taylor of SEC, Inc., for First National Bank of McMinnville Commercial Highway (CH) and Gateway Design Overlay District (GDO-3) A 7-foot variance from the minimum required 7-foot separation between buildings and parking The subject property is identified as Lot 16 of the Parkway Office Park Subdivision. This lot has its frontage on Gateway Boulevard and will have access to both Gateway Boulevard and to a private street, Carl Adams Way, to its rear. It is zoned CH (Commercial Highway) and is also located in the Gateway Design Overlay District

5 (GDO-3). It is the proposed future site of a new First National Bank of McMinnville. The applicant has received initial design review approval from the Planning Commission for the proposed project. The applicant is seeking a variance of the requirement that on lots of less than 1.5 acres (the subject property is 1.3 acres) in the Gateway Design Overlay District that there must be a minimum of 7-feet of separation in between the building and the parking lot. At initial design review, the Planning Commission did not express any objection to the proposed variance and recommended that the applicant proceed to the Board of Zoning Appeals before being considered for final design review approval. Included with the agenda materials is a letter from the applicant s engineer, Mr. Matt Taylor, and a site plan depicting the request. The area of the site in question is the area adjacent to the drive-thru teller lanes on the rear of the building. The applicant has requested a full 7-foot variance of the required 7- foot separation between the building and the parking lot in this area. As is customary with banks, the applicant would like to maintain a drive-thru lane directly adjacent to the building with no separation. The primary reason that the applicant offers for the proposed design and for the variance is the functionality of a bank use on this site. If the applicant were to comply with the 7-foot separation requirement, patrons would have to exit their vehicles in order to utilize the first lane of the drive-thru. In his letter, Mr. Taylor goes on to further explain that the drive-thru will be at the rear of the building and will not be prominently visible to Gateway Boulevard. It is important for the Board to note that the site is fully compliant with the separation requirement on all other sides of the building, and that the only area that the applicant is seeking the variance on is the rear of the building adjacent to the drive-thru. The applicant is attempting to mitigate the impact of the request by providing generous landscaping at the rear of the site as shown on the landscaping plan that was submitted. If the Board approves this request, staff recommends the following condition: 1) The Planning Commission must grant final design review/site plan approval for the proposed development. 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 MARCH 31, 2010 Application: Z Address: 628 East Main Street Applicant: Mr. Steve James of James & Associates Residential Designers, LLC, for Mr. Don Gregg Zoning: Residential Single-Family (RS-15) Request: A 7-percent variance to the maximum allowed 25- percent lot coverage The subject property is located along the south side of East Main Street just to the west of South Hancock Street. The subject property is zoned RS-15 (Residential Single-Family) and is also located in the Historic Zoning Overlay District. The property is bounded on its east side by a single-family home and on its west side by a quadruplex. A commercial building fronting on East Vine Street is to the rear of the subject property. The homeowner would like to construct a 2-story 3-car garage addition to his existing house. The second floor would be used as additional living and storage area. There is a 25% maximum lot coverage requirement in the RS-15 zoning district, meaning that the

7 footprint of all structures combined cannot exceed more than 25% of the total area of the lot. The applicant has requested a variance to this provision, which will be described in more detail in the following paragraphs. Included with the agenda materials is a letter from the applicant, Mr. Steve James, addressing Section 10 of the Zoning Ordinance, as well as a site plan depicting the request. The total area of the subject lot is 18,849 square-feet, according to the plot plan provided by the applicant. The footprint of the existing house, porch, and accessory structures equals 4,989 square-feet. The existing lot coverage is 26.5% of the 18,849 square-foot lot, already exceeding the current maximum lot coverage. The homeowner would like to add a 3-car garage onto the rear of his house with a footprint of 920 square-feet. Combining the square-footage of the proposed addition with the square-footage of the existing structures equals a 31.3% lot coverage, exceeding the maximum lot coverage allowed by 6.3%, a 4.8% increase over the existing lot coverage. Staff has rounded the request up to a 7% maximum lot coverage variance and has advertised as such. The Board will note that the plot plan and the survey provided show the subject property to consist of a rectangular portion as well as a sliver of property that cuts through the center of an existing garage. Deed research by staff indicates that this sliver of property was created around 1981 and in 1987 was sold to the owners of 628 East Main Street. The current owner, Mr. Gregg, purchased the subject property in A subdivision plat has never been formally recorded creating the lot in its current configuration as a legal lot of record. Staff is processing this variance with the lot configuration as presented. A subdivision plat creating this lot as a legal lot of record should be recorded, however, so that the property lines, as shown on a recorded plat, match the information provided by the applicant. Staff has included photographs of the subject property in the Board s agenda materials, as well as architectural elevations of the proposed garage addition provided by the applicant for the Board s reference. As a side note, the proposed garage addition, will be required to meet the requirements of the Historic Zoning District and must receive approval from the Historic Zoning Commission. The property owner shares a driveway with the quadruplex next door at 618, and the construction of this garage addition will add a parking area separate from the shared driveway for his own use. The applicant also states that it will provide additional privacy for the rear yard of the subject property. Finally, Mr. James also points out that the property owner has already significantly reduced the lot coverage since he has taken ownership of the property. When he purchased it in 1993, there was a pool and pool house in the back yard (which are shown on the attached survey from 1993). Those two structures have been removed, and the applicant states that the footprint of the garage addition will be approximately equal to that of the aforementioned pool and pool house that have been removed. While visiting the subject property, staff observed open storage property maintenance violations in the back yard. Staff recommends that, as a condition of approval for this variance, these violations be remedied prior to the issuance of a building permit for the garage addition.

8 If the Board approves this request, staff recommends the following conditions: 1) The new garage will be subject to the review and approval of the Murfreesboro Historic Zoning Commission. 2) A subdivision plat creating the subject property as a legal lot of record must be recorded prior to the issuance of a building permit for the garage addition. 3) All property maintenance violations must be remedied prior to the issuance of a building permit for the garage addition. Mr. James will be in attendance at the meeting to answer any questions that the Board may have.

9 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS MARCH 31, 2010 Application: Address: Applicant: Zoning: Request: Z Pitts Lane Mr. Manly Thweatt of Huddleston-Steele Engineering, Inc., for Northfield Boulevard Church of Christ Residential Single-Family (RS-15) A special use permit in order to expand an existing institutional group assembly use (a place of worship) The subject property is located at the northwest corner of East Northfield Boulevard and Pitts Lane. It is zoned RS-15 (Residential Single-Family) and is bordered by a singlefamily residential subdivision to the north, a large single-family lot across Pitts Lane to the east, and a vacant lot to the west that was approved by the BZA in 2008 for a church. The Jehovah s Witness kingdom hall and a City fire hall are both located across Northfield from the subject property to the south. A church is considered an institutional group assembly use, and all such uses (and expansions to such uses) are required to

10 obtain a special use permit from the Board of Zoning Appeals when located in singlefamily residential zoning districts. Northfield Boulevard Church of Christ is currently located on the subject property with a 4,120 square-foot building. It was constructed in 1975, according to the Property Assessor s office, and was annexed into the City in the mid-1980s. The church wishes to expand with a 5,607 square-foot addition and a parking lot expansion. The applicant has submitted a conceptual site plan, building elevations, a photometric lighting plan, and a letter addressing Sections 8 and 9 of the Zoning Ordinance. The existing church building faces Pitts Lane and is at the very north end of the subject property. Access is via Pitts Lane only. The existing parking lot is to the rear of the existing church building. The proposed building addition and parking expansion will be located on the south side of the existing building. The addition is proposed be one-story and a combination of brick and split-face CMU. The existing church is all-brick, so staff has concerns about how the new addition, with its split-face CMU, will relate to the existing church building and whether or not the brick color on the addition is proposed to match that of the existing church building. The Board should note that the applicant is seeking approval for what is shown as Phase I, as well as what is shown as Phase II. Phase II includes two small building additions and a further expansion of the parking lot south. The applicant will provide the total square footage for the Phase II building addition prior to the meeting. The applicant is also showing a possible future access to East Northfield Boulevard. There is an existing tree row along the north property line. Staff has recommended to the applicant that a Type C buffer be included along the northern property line adjacent to the McKinley Place subdivision. The applicant has agreed and has volunteered to include a Type C buffer. According to the applicant, the church schedule and activities will not change as a result of this expansion. A list of service times is included in the applicant s letter. According to the applicant, there will be no auxiliary uses subject to separate regulation, such as daycares or missions. The lot size meets minimum requirements for the proposed use. Minimum parking requirements are also met. There will be no chimes or bells added, nor will there be any new accommodations for RV hook-ups for traveling preachers. The applicant is showing a new corral for City solid waste carts on the north side of the existing building. A Dumpster is not warranted for the church s limited solid waste needs. The corral is proposed to match the building materials and will also be screened with landscaping. The applicant has submitted a photometric lighting plan showing, for all intents and purposes, no lighting spillover onto adjacent properties. The plan also shows 20-foot-tall lighting fixtures in the parking lot. There are several revisions to the plans that need to be completed before the BZA meeting. Six full sets of the revised plans (including site/landscape, photometric, and architectural elevations) should be submitted no later than 12:00 PM on Tuesday, March 30 th, The revisions are listed as follows: The two existing sheds at the northwest corner of the site appear to be closer to the north property line than what is shown on the plans. Field-verify the distance

11 to the north property line from these sheds, to make sure that they are meeting the minimum 5-foot side setback requirement. Label this distance on the plans. Show the approximate footprint of all adjacent houses on the adjacent lots to the north. Staff observed that there is at least one (1) house currently under construction. Correctly label East Northfield Boulevard. Show the continuation of the proposed Type C buffer along the entire northern property line. Show shade trees in the two new landscape islands in the existing parking lot. Denote which trees will have to be removed as a part of the new construction. Remove the proposed parking space in Phase II from the required front yard. Separately denote the square-footage amounts for both the Phase I and Phase II building expansions. If the Northfield access is proposed as a part of Phase II, it should be labeled as such. If not, then it should be noted on the plans that this future access drive is shown for informational purposes only. Provide color architectural elevations to better show how the proposed expansion will relate to the existing building. The architectural elevations should be sealed and signed by the architect of record. The photometric plan needs to be revised to show footcandle measurements for the entire site. The photometric plan should be signed and sealed by the engineer of record. If the Board approves the special use permit request, staff recommends the following conditions: 1) The Planning Commission must grant site plan approval for the proposed development. As a function of its site plan review, the Planning Commission will also have final architectural review of the building and all building orientation requirements must be met to the satisfaction of the Planning Commission. 2) The landscape plan will be subject to the final review and approval of the City Horticulturist. Mr. Thweatt will be in attendance at the meeting to answer any questions that the Board may have.

12 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS MARCH 31, 2010 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, 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 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

13 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 four (4) 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 this 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 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 properly 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. Staff has inspected the property and there is 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 and for 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.

14 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 on 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.

15 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS MARCH 31, 2010 Application: Address: Applicant: Zoning: Request: Z Northwest Broad Street 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 east side of Northwest Broad Street just south of West Clark Boulevard. The subject property is currently developed with a shopping center anchored by a KMart store, and the applicant wishes to locate a seasonal fireworks tent on the subject site in the parking lot. The applicant has submitted a letter describing his request and addressing the standards for temporary vendors, as well as a site plan of the property and a copy of the lease from the owner allowing the use of the property as proposed.

16 This site has been approved for a fireworks tent from (although it was unable to open in 2007 due to the construction of the Arby s restaurant). 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 but not during 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 7 AM until midnight. Staff is not aware of any complaints regarding this site s operation from previous seasons. The size of the proposed tent is 30 x 60 and will comply with the minimum setback requirements in the CH zoning district. In the past, the applicant has connected to an existing power source on the existing KMart sign at the front of the site. It is not clear how he intends on providing power to the site this year, and he needs to contact staff prior to the meeting to clarify this. 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 has stated that a portable toilet will be brought in on-site. The site passed its initial codes and zoning inspections. The tent far exceeds the minimum separation requirements from the nearest fuel source and is greater than 300-feet from on-premises alcohol consumption, meeting minimum requirements. The tent is approximately 100-feet from an existing fire hydrant, also meeting minimum requirements. 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. In addition, prior to the construction of the Arby s, the BZA approved a parking variance for this site, allowing for the construction of the Arby s at this shopping center. In addition, 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 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. Mr. Loyd will be in attendance at the meeting to answer any questions that the Board may have.

17 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS MARCH 31, 2010 Application: Address: Applicant: Zoning: Request: Z Lascassas Pike Mr. Jake Loyd, for Mid America Distributors, Inc. Commercial Fringe (CF) A special use permit in order to operate a temporary outdoor vending establishment (seasonal fireworks retailer) The subject property is located along the west side of Lascassas Pike just north of East Northfield Boulevard. The site is developed with a Food Lion-anchored shopping center. The applicant has submitted a letter describing his request and addressing the standards for temporary vendors, as well as a site plan of the property and a copy of the lease allowing the use of the property as proposed. This is the third time that an application has been made for a temporary vending use on this property, as this site has been approved for fireworks sales the past two (2) years.

18 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 but not during 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 7 AM 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 60 and will comply with the minimum setback requirements in the CF 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. 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 fireworks operation will not exceed 25% of the total number of parking spaces onsite and the tent will be located in a little-used area of the parking lot. The tent far exceeds the minimum separation requirements from the nearest fuel source, and there is a fire hydrant nearby along Lascassas Pike within the maximum distance. There are two restaurants in this complex that serve alcohol, a Japanese steakhouse and a Mexican restaurant. The proposed tent location is approximately 254-feet from the nearest point of both of these restaurants, meeting the minimum 250-foot separation requirement. Staff would like to caution the applicant, however, that the tent must be placed exactly as shown on the site plan in order to avoid violating this minimum separation requirement. 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 CF zoning district, and a tent permit must be obtained for the tent. Mr. Loyd will be in attendance at the meeting to answer any questions that the Board may have.

19 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS MARCH 31, 2010 Application: Address: Applicant: Zoning: Request: Z Old Fort Parkway 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 west side of Cason Lane south of Old Fort Parkway. The subject property is currently developed as a Kroger-anchored shopping center, 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 his 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.

20 This site was approved for the first time in 2009 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 proposes to sell fireworks within this timeframe but not during 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 7 AM 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 Cason Lane. The applicant used a generator to provide power to the tent in 2009 and staff expects him to do the same this year. He needs contact staff before the meeting, however, to clarify his proposed power source. The tent operator will properly dispose of solid waste as needed. The applicant has indicated that his tent operator will have a security vehicle on-site overnight. The applicant stated in his letter that he will attempt to obtain permission to use the restrooms at Ritter s Frozen Custard, but Ritter s is no longer in business, so he will have to have a portable restroom brought on-site for the duration of the selling season. The applicant needs to confirm with staff before the meeting that he intends to do so. 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 far exceeds the minimum separation requirements from alcohol sales for on-site consumption and from the nearest fuel source. A fire hydrant is directly adjacent to the proposed tent location. The Kroger shopping center is Lot 1 of the Stonetrace Commons Subdivision. There are a number of developed outparcels, and all outparcels have an access easement over Lot 1. The proposed tent location will block an existing access aisle in and out of the bank site to the north. Bank customers have other alternatives, however, to enter and exit the bank site, and the driveway aisle in question is more of a secondary access point, so staff is not opposed to the proposed location of the tent and no complaints were received during the 2009 selling season. 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) The applicant must install a barricade at the access point from the bank site into the subject parking lot for the entire time that the tent is in place. Mr. Loyd will be in attendance at the meeting to answer any questions that the Board may have.

21 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS MARCH 31, 2010 Application: Location: Applicant: Zoning: Request: Z At the northeast corner of Memorial Boulevard and Airport Road 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 at the northeast corner of Memorial Boulevard and Airport Road, across the street from the Adams Place Retirement Community. The subject property is undeveloped and is predominantly covered with a gravel surface. The applicant wishes to locate a seasonal fireworks tent on the gravel surface of the subject site. The applicant has submitted a letter describing his request and addressing the standards for temporary vendors, as well as a site plan of the property and his lease from

22 the property owner allowing the use of the property as proposed. The applicant would like to sell fireworks for both the 4 th of July and New Year s selling seasons. His lease, however, only gives him permission for the 4 th of July selling season. He has been informed by staff that this lease must be amended or that he must provide written permission from the property owner before the BZA meeting in order to be approved for the New Year s selling season at the March 31 st meeting. He is confident that he will be able to do so, as the property owner has allowed him to sell during the New Year s selling seasons in years past. If he does not, however, staff recommends deferring action for one (1) month on this application until the applicant can obtain the amended lease. 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 and from December 26 th until January 2 nd. The applicant proposes to sell fireworks within both of the above timeframes (in one place, his letter erroneously includes December 25 th, which is not a part of 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 and December 31 st, during which time the tent will be open from 7AM until midnight. Staff is not aware of any complaints regarding this site s operation from previous seasons. The size of the proposed tent is 40 x 80 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. The applicant included in his letter that the site would be powered by a temporary power pole. However, it is staff s understanding that he intends to use a generator as he did in The applicant needs to contact staff prior to the meeting in order to clarify how he intends to obtain power for the site. 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 is adequate space for parking for the proposed fireworks tent at this location. The tent far exceeds the minimum separation requirements from the nearest fuel source and from on-premises alcohol consumption. The tent is approximately 210-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 is to comply with the City s Sign Ordinance.

23 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. Mr. Loyd will be in attendance at the meeting to answer any questions that the Board may have.

24 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS MARCH 31, 2010 Application: Location: Applicant: Zoning: Request: Z At the southeast corner of South Rutherford Boulevard and East Main Street Mr. Jake Loyd, for Mid America Distributors, Inc. Commercial Local (CL) 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 East Main Street and South Rutherford Boulevard, west of Arnold Lane. The lot is currently vacant and consists of a gravel surface and a small area of asphalt. The applicant has submitted a letter describing his request and addressing the standards for temporary vendors, as well as a site plan of the property and a copy of the lease allowing the use of the property as proposed.

25 This site has been approved for a fireworks tent from 2005 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 within the above timeframe but not during 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 7 AM until midnight. Staff is not aware of any complaints regarding the operation of this site in the past. 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 CL 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. 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. Staff has inspected the property and there is adequate space for the proposed fireworks tent at this location. Access will be from East Main Street near the eastern property boundary and the gravel parking area will be located at the eastern end of the lot. No access to South Rutherford Boulevard is proposed by the applicant. The tent far exceeds the minimum separation requirements from the nearest fuel source and from on-premises alcohol consumption. The tent is approximately 115-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 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 CL 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) No vehicular access will be allowed to South Rutherford Boulevard. Mr. Loyd will be in attendance at the meeting to answer any questions that the Board may have.

26 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS MARCH 31, 2010 Application: Location: Applicant: Zoning: Request: Z At the southeast corner of Southeast Broad Street and Kensington Square Court 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 at the southeast corner of Southeast Broad Street and Kensington Square Court, north of South Rutherford Boulevard and adjacent to the Dollar General Store. The lot is currently vacant and consists of a gravel surface. The applicant has submitted a letter describing his request and addressing the standards for temporary vendors, as well as a site plan of the property and a copy of the lease allowing the use of the property as proposed.

27 This site has been approved for a fireworks tent from 2001 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 within the above timeframe but not during 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 7 AM until midnight. Several years ago, staff received letters from several neighbors in adjacent subdivisions opposed to Mr. Loyd s request and complaining of fireworks being shot off near the sales site, but staff did not receive any complaints in This site passed its initial zoning and codes inspections. The size of the proposed tent is 30 x 60 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. 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 restroom 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. Staff has inspected the property and there is adequate space for the proposed fireworks tent and parking at this location. All surfaces for vehicular travel and tent placement must be completely gravel and can contain no grass or weeds. The tent far exceeds the minimum separation requirements from the nearest fuel source and from on-premises alcohol consumption. The tent is approximately 110-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 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) No vehicular access will be allowed to Southeast Broad Street. Mr. Loyd will be in attendance at the meeting to answer any questions that the Board may have.

28 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS MARCH 31, 2010 Application: Address: Applicant: Zoning: Request: Z South Church Street 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 at the southwest corner of South Church Street and Warrior Drive. The southern half of the lot is developed as Bubba s Wine and Liquors and Bubba s Discount Tobacco Outlet. The northern half of the lot is graveled and undeveloped. The applicant has submitted a letter describing his request and addressing the standards for temporary vendors, as well as a site plan of the property and a copy of the lease allowing the use of the property as proposed. The next agenda item is for a

29 temporary vendor who has requested to use the same property. The two vendors days of operation, however, will not conflict. This site has been approved for a fireworks tent from 1996 through 2002 and from 2005 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 within the above timeframe but not during 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 7 AM until midnight. This site has 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 s letter states that he will use a temporary power pole to provide electricity to the site, but this was not the case last year. The applicant needs to contact staff prior to the meeting in order to clarify what the source of power will be for the site. 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. 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 is adequate space for the proposed fireworks tent at this location. Both the tent and the parking area for the tent will be located in the graveled northern half of the lot. The operation of the tent will not use any of the parking of the existing businesses on the southern half of the subject lot, which both have paved parking. The subject lot has two defined access points onto South Church Street. The problematic access point onto Warrior Drive was removed last year and landscaping has been installed to permanently barricade cut-through traffic. The tent far exceeds the minimum separation requirements from on-premises alcohol consumption and is approximately 350-feet from the nearest fuel source, meeting minimum requirements. The tent is approximately 285-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 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.

30 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. Mr. Loyd will be in attendance at the meeting to answer any questions that the Board may have.

31 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS MARCH 31, 2010 Application: Address: Applicant: Zoning: Request: Z South Church Street Mr. Alton Sims Commercial Highway (CH) A special use permit in order to operate a temporary outdoor vending establishment (produce sales) The subject property is located at the southwest corner of South Church Street and Warrior Drive. The southern half of the lot is developed as Bubba s Wine and Liquors and Bubba s Discount Tobacco Outlet. The northern half of the lot is graveled and undeveloped. The applicant has submitted a letter describing his request and addressing the standards for temporary vendors, as well as a site plan of the property and a letter of permission from the property owner allowing the use of the property as proposed. After reviewing the permission letter, staff noticed that it is a photocopy of the 2009 permission letter with the date whited out. The applicant has indicated that the owner changed the

32 date on this photocopy from 2009 to 2010; however, the owner failed to initial the change. In order for this item to remain on the agenda, the applicant needs to provide a newly-signed copy of the letter from the property owner dated The applicant would like to be approved for operation of his produce vending business beginning on April 17 th, 2010 and ending on October 31 st, The letter of permission gives the applicant permission to set up on the subject property during this time with the exception of the fireworks selling season. This site has been approved numerous times in the past for temporary vending, most frequently for seasonal fireworks retailers. In fact, the previous item on the agenda is a special use permit request for a seasonal fireworks retailer at this same location. The maximum amount of time per year that temporary vending can occur on a piece of property is seventy (70) days. The fireworks selling season is eight (8) days long, leaving sixty-two (62) days available for temporary vending on the subject property. The applicant is requesting approval for sixty-one (61) days. A calendar has been included denoting the exact days that the applicant is requesting to be allowed to set up. The applicant will primarily be operating on Fridays and Saturdays and some Sundays. The approximate proposed hours of operation will be from 8:00 AM until 5:00 PM. The applicant will be driving to the site each morning, hauling a trailer with the produce behind his pick-up truck. His truck and trailer will be parked at the back of the Bubba s parking lot. The actual vending business will be conducted out of two (2) 10 x 10 popup tents. The applicant s vehicle, trailer, and tents will be removed from the site at the end of each business day. The tents and customer parking will not take up any of the existing paved parking for the two existing businesses, as the vending business is proposed to be located on the northern half of the lot, which is graveled. Although the tents 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. The subject lot has two defined access points onto South Church Street. The problematic access point onto Warrior Drive was removed last year and landscaping has been installed to permanently barricade cut-through traffic. The location the applicant is looking to place the tents will comply with all setback requirements for the CH zoning district. This site passed its initial codes and zoning inspections after the application was made. No outdoor furniture is proposed, and the applicant anticipates that customers will purchase the produce and leave immediately. Included with the application is correspondence from Bubba s allowing the applicant use of the restrooms for the duration of the approval and those restrooms will be available during the applicant s hours of operation. (The aforementioned correspondence is the same letter referenced above that needs to be updated.) The applicant has stated that he will handle solid waste management by using a garbage can that he will bring in and will empty out off-site at the end of each business day. As the applicant only intends to be open during daylight hours, he has no need for electricity for his business. The proposed location for the tents meets the meets the maximum distance requirements from a fire hydrant.

33 If the Board approves this application, staff recommends the following condition: 1) The time period of operation will be from April 17, 2010 until October 31, 2010 (on the days indicated on the submitted calendar). Mr. Sims will be in attendance to answer any questions that the Board may have.

34 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS MARCH 31, 2010 Application: Address: Applicant: Zoning: Request: Z Barfield-Crescent Road Mr. Winthrop Smith Commercial Highway (CH) A special use permit in order to operate a temporary outdoor vending establishment (produce sales) The subject property is located at the northwest corner of South Church Street and Barfield-Crescent Road. The lot is developed as a gas station/convenience store known as WT s Market. The applicant is requesting a special use permit in order to be able to sell produce, tropical plants, and hanging baskets in the parking lot of this gas station for the maximum seventy (70) days that he is allowed. Mr. Smith has submitted a letter describing his request and addressing the standards for temporary vendors, as well as a site plan of the property and a letter of permission from the property owner, Mr. Wendell Jones, allowing the use of the property as proposed.

35 The applicant would like to be approved for operation of his vending business beginning on April 1 st, 2010 and ending on September 4 th, This site has never been approved in the past for temporary vending. The maximum amount of time per year that temporary vending can occur on a piece of property is seventy (70) days. The applicant is requesting approval for all seventy (70) days. A calendar has been included denoting the exact days that the applicant is requesting to be allowed to set up. Days of operation will be limited to Thursdays, Fridays, and Saturdays. The proposed hours of operation will be from 8:00 AM until 7:00 PM. The applicant will be driving to the site each morning, hauling a trailer with the merchandise. He will unload the merchandise each morning, and the trailer will be removed from the site after unloading. Any remaining inventory will be removed from the site at the end of each business day, as will anything else having to do with the vending business. No tents will be utilized in the operation of the proposed business. The inventory display area will be located at the southeast corner of the parking lot. The distance from the canopy to the curb is approximately forty (40) feet, and the applicant proposes to use the front 10-feet of this area for his business, leaving an approximately 30-foot wide driveway aisle. There is an existing access drive from Barfield-Crescent Road directly adjacent to the proposed display area. The proposed use will not exceed 25% of the total number of parking spaces on-site (the total number was calculated using lined parking spaces as well as spaces next to the gas pumps where patrons also customarily park). The vending operation will be somewhat remote from the existing parking spaces, however, causing staff to predict that customers will be tempted to park directly adjacent to the sales area. This could disrupt the site s internal circulation and possibly affect the nearby ingress/egress point along Barfield-Crescent Road. The applicant has stated to staff that he will direct his customers to park in the seldom used parking spaces on the west side of the convenience market. Staff is unsure of how successful he will be in controlling his customers parking habits. In addition, staff has discussed with Mr. Smith the need for some type of delineation between his sales area and the adjacent driveway aisle. The Board may want to discuss different options for this, such as cones, yellow tape, etc Staff has consulted with the City s Traffic Engineer regarding the proposed layout, and it is recommended that the applicant keep his inventory a minimum of forty (40) feet from the adjacent access point on Barfield- Crescent Road. Photographs of the site have been included for the BZA s review. This site has passed its initial zoning inspection after the application was made but has failed its initial codes inspection. The applicant should bring the property into compliance and should request a reinspection from the Building and Codes Department no later than March 29 th, No outdoor furniture is proposed, and the applicant anticipates that customers will purchase the merchandise and leave immediately. Included with the application is correspondence from the owner of the convenience market allowing the applicant use of the restrooms and the Dumpster for the duration of the approval. The market s bathrooms will be available during the applicant s hours of operation. As the applicant only intends to be open during daylight hours, he has no need for electricity at this vending operation. The proposed location for the business meets the maximum distance requirements from a fire hydrant.

36 If the Board approves this application, staff recommends the following conditions: 1) The time period of operation will be from April 1, 2010 until September 4, 2010 (on the days indicated on the submitted calendar). 2) An appropriate barrier to delineate the sales area from the adjacent driveway aisle must be in place at all times during business hours. 3) The applicant is to direct all customers to park in the lined spaces adjacent to the building. 4) The applicant will be required to keep all parts of his vending operation a minimum of forty (40) feet from the easternmost access drive from Barfield- Crescent Road into the site at all times. Mr. Smith will be in attendance to answer any questions that the Board may have.

37 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS MARCH 31, 2010 Application: Address: Applicant: Zoning: Request: Z Cypress Drive Ms. Jennifer Richardson Residential Single-Family (RS-10) A special use permit in order to conduct a home occupation (Artist Studio) The subject property, 1903 Cypress Drive, is located in the Miller Clark Subdivision north of Bradyville Pike, east of Minerva Drive, and west of Olympia Place. It is zoned RS-10 (Residential Single-Family) and is surrounded by single-family residential uses. The applicant is seeking a special use permit to be able to conduct an artist studio, including art classes, as a home-based business. The applicant has submitted a letter addressing Sections 8 and 9 of the Zoning Ordinance as well as an aerial photograph of the property printed out to scale to serve as the site plan for the subject property. In addition, staff has included photographs of the subject property.

38 Upon coming to City Hall to obtain a business license, the applicant was informed that in order to operate an artist studio with outside traffic at her home, she would need to obtain a special use permit from the BZA. Ms. Richardson has indicated to staff that she has actually been conducting classes at her home for several months, but that she was not aware that she needed to obtain any type of zoning approval. She should be aware that, if the Board was to deny this request, she will need to cease operating her artist studio from her home. The applicant intends to hold classes on weekday afternoons and on Saturday mornings. She states in her application materials that class size will be limited to no more than eight (8) students at one time. If the Board feels that this is too many, it has the ability to condition approval on a lesser number. The driveway is approximately 14-feet wide and appears to barely be wide enough to accommodate two (2) compact cars parked side-byside. While on-street parking is not prohibited, staff believes that it is not desirable to have the students dropped off in the public street. To this end, staff would like for the BZA to discuss the applicant s provisions for off-street parking and whether or not what is existing is adequate. The applicant has indicated that her family s two (2) vehicles will be parked either in the garage or at the far end of the driveway near the garage. The artist studio will be conducted entirely out of the back room of the detached garage. It is approximately 300 square-feet. The Zoning Ordinance dictates that, if the home occupation is to be conducted entirely from within an accessory structure, it can take up no more than 500 square-feet. The request is compliant with this requirement. The applicant has indicated to staff that she will have no employees. In addition, she does not intend to request any type of signage for her home-based business. The Board has the ability to place reasonable conditions on a special use permit approval in order to help ensure the compatibility of the proposed use with the neighborhood. These conditions can include among other things, limits on the number of students in a given class, times of the classes, and accommodations for off-street parking. Ms. Richardson will be in attendance at the meeting to answer any questions that the Board may have.

39 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS MARCH 31, 2010 Application: Address: Applicant: Zoning: Request: S Northwest Broad Street Mr. Stan Harvey of Sun Company Builders, for Huddleston-Steele Engineering, Inc. Heavy-Industrial (H-I) 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. Stan Harvey, representing SHS Partnership, 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 2115 Northwest Broad Street is within a Heavy-Industrial (H-I) zone.