CITY OF MURFREESBORO BOARD OF ZONING APPEALS

Transcription

1 CITY OF MURFREESBORO BOARD OF ZONING APPEALS Regular Meeting, May 25, 2011, at 1:00 p.m. City Hall, 111 West Vine Street, Council Chambers, 1 st Floor 1. Call to order A G E N D A 2. Consideration of minutes for the regular meeting on April 27, New Business Variance Requests a. Application Z by Mr. Matt Millsap of Building Company Number Seven, Inc., for Ms. Leah Hulan, is requesting a 37.4-foot variance of the minimum required 42-foot front setback along West Lytle Street for accessory structures in a Commercial Highway (CH) zone for property located at 611 West College Street. Regarding the same property, the applicant is also requesting a 3.8-foot variance of the minimum required 42-foot front setback along West College Street for accessory structures. b. Application Z by Mr. Matt Taylor of SEC, Inc., for Murfreesboro Medical Properties, LLC, is requesting a 10-foot variance from the minimum required 10-foot separation between buildings and parking in the Gateway Design Overlay District (GDO-3) for property located at 1272 Garrison Drive. Regarding the same property, the applicant is also requesting a variance to the requirement that each sub parking lot in a development within the Gateway Design Overlay District shall consist of no more than twohundred (200) parking spaces.

2 Special Use Permit/Variance Requests c. 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 2437 Old Fort Parkway. The applicant is also requesting a variance to the requirement that the parking spaces displaced by a temporary vendor on the site of an existing permanent business will not total more than 25% of the total parking available on-site. d. 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 Highway (CH) zone for property located at Cason Lane. The applicant is also requesting a variance to the requirement that the parking spaces displaced by a temporary vendor on the site of an existing permanent business will not total more than 25% of the total parking available on-site. Special Use Permit Request e. 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 Amendment Request f. Application Z by Ms. Cynthia R. Sherwin, is requesting an amendment to a special use permit originally approved on August 25, 2010 allowing a home occupation (a hair salon) in a Residential Duplex (RD) zone for property located at 811 North Church Street. The approved special use permit called for the home occupation to be conducted from within the principal structure. The applicant wishes to amend the special use permit in order to conduct the home occupation from within a proposed accessory structure. 4. Staff Reports and Other Business 5. Adjourn

3 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS MAY 25, 2011 Application: Address: Applicant: Zoning: Requests: Z West College Street Mr. Matt Millsap of Building Company Number Seven, Inc., for Ms. Leah Hulan Commercial Highway (CH) A 37.4-foot variance of the minimum required 42-foot front setback along West Lytle Street for accessory structures. The applicant is also requesting a 3.8-foot variance of the minimum required 42-foot front setback along West College Street for accessory structures.

4 The subject property is located at the northwest corner of West College Street and West Lytle Street. It is zoned Commercial Highway (CH). The subject property is identified as 611 West College Street and is developed with a small commercial building that faces West College Street. It is occupied by a bail-bonding office. The City s Building and Codes Department became aware that the applicant had begun constructing a wood deck at the rear of the existing building without a building permit. He was then directed by the Building Inspector to apply for a building permit. When the Planning Staff was reviewing the permit request, it was determined that the deck was being constructed in violation of the minimum building setback requirements. Staff notified the applicant of the violation and, in lieu of removing the deck, he has decided to make application for a setback variance in order for the deck to remain in its present location. Included with the agenda materials is a letter from the applicant addressing Section 10 of the Zoning Ordinance as well as a survey of the property depicting the deck in question. In addition, staff has included photographs of the subject property for the Board s reference. The purpose of the deck is to provide a break area for the employees of the bail-bonding company. The platform and the posts have been constructed, but the railing has not been added as of yet. In addition, the applicant has stated that there are no intentions to put a roof structure over the deck, and that it will remain uncovered. He has ceased construction, pending the outcome of this variance request. A deck is considered an accessory structure. Accessory structures in commercial zoning districts are required to meet the same setbacks as principal structures. The minimum front setback requirement in the CH zoning district is 42-feet. The 42-foot front setback applies both along College and along Lytle. The deck is only 4.6-feet from the front property line along West Lytle Street. Even though the deck is to the rear of the existing building, it is still only feet off of the front property line along West College Street. The existing building was constructed in 1940, according to the Property Assessor s website, long before the City s current zoning regulations were in effect. Staff is not certain as to when the current lot configuration came into existence. The lot is at its widest along West College Street in front of the existing building. It narrows to the rear of the building, following the curvature of West Lytle Street. The entire property is encumbered by the 42-foot front setbacks of College and Lytle. No new building additions or accessory structures can be constructed on this lot without a variance. In his letter to the Board, the applicant describes how he feels his request meets the standards and proof required for variances. On a side note, considering the visibility of the deck and its proximity to West Lytle Street, the Board may wish to discuss whether or not it would be appropriate to require that it be painted to match the color of the existing building.

5 If the Board approves these variance requests, staff recommends the following conditions: 1) Required permits must be obtained from the Building and Codes Department prior to doing any further work on the deck. 2) Prior to the issuance of permits, any proposed site improvements must first receive site plan approval. Mr. Millsap and Ms. Hulan will be in attendance at the meeting to answer any questions that the Board may have. Each of the variance requests will need to be considered under separate motions.

6 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS MAY 25, 2011 Application: Address: Applicant: Zoning: Z Garrison Drive Mr. Matt Taylor of SEC, Inc., for Murfreesboro Medical Properties, LLC Light-Industrial (L-I), Commercial Highway (CH), and Gateway Design Overlay (GDO-3) Requests: A 10-foot variance from the minimum required 10- foot separation between buildings and parking in the Gateway Design Overlay District (GDO-3). The applicant is also requesting a variance to the requirement that each sub parking lot in a development within the Gateway Design Overlay District shall consist of no more than two-hundred (200) parking spaces.

7 The subject property is located along the east side of Garrison Drive just north of Gateway Boulevard and just to the west of the Gateway Island. It is zoned L-I (Light- Industrial) and CH (Commercial Highway) and is also located in the Gateway Design Overlay District (GDO-3). It is the site of the Murfreesboro Medical Clinic. Phase I has been completed for several years now, and the developers are looking to move forward with Phase II, which will be the final phase. The applicant was granted initial design review approval for the Phase II project by the Planning Commission at its April 20 th meeting. He is seeking a variance to the requirement that on lots of greater than 1.5 acres (the proposed lot is acres) in the Gateway Design Overlay District that there must be 10-feet of separation between the building and the parking lot. He is also seeking a variance to the requirement that sub parking lots cannot contain more than two-hundred (200) parking spaces. At initial design review, the Planning Commission did not express any reservations about the applicant moving forward to the BZA to request those variances. Included with the agenda materials is a letter from the design engineer/applicant, as well as other supporting documents, including architectural elevations, a site plan, and a landscape plan. Staff has also included photographs of the site for the Board s reference. Regarding the variance for the minimum separation between buildings and parking, the area of the site in question is the area adjacent to the loading dock on the east side of the building. The applicant has requested a full 10-foot variance of the required 10-foot separation between the building and the parking lot in this area. The proposed 155,000 square-foot addition will be receiving numerous deliveries during its normal course of business. An elevated dock is proposed at the rear of the building so that trucks can directly unload onto the dock and then into the building. Maintaining the required separation between the building (i.e., the dock) and the parking lot would create some fundamental practical problems in the everyday operations of the facility. Deliveries would have to be unloaded and then lifted up onto the dock and into the building. In 2010, the Board saw a similar variance request made by Polaris Hospital, which is currently under construction and whose operations also required a variance to this requirement. Additional justification is provided in the applicant s letter. It is important for the Board to note that Phase II is fully compliant with this separation requirement in all other areas. The variance request is only for the loading dock area denoted on the site plan. Regarding the variance to the requirement that sub parking lots in a development not contain more than two-hundred (200) parking spaces, the area of the site in question is the existing sub parking lot to the north of the existing Phase I building. It already contains 189 parking spaces that were constructed with Phase I. The westernmost driveway aisle only has parking on one side. In reviewing the proposed design with the applicant, the Planning Staff felt that good design dictated that there be parking spaces on both sides of the driveway aisle. This is the only sub parking lot in the development that is proposed to exceed the two-hundred (200) parking space maximum. Additional justification from the applicant can be found in his letter to the Board.

8 If the Board approves these variance requests, staff recommends the following conditions: 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. Each of the variance requests will need to be considered under separate motions.

9 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS MAY 25, 2011 Application: Address: Applicant: Zoning: Requests: 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 applicant is also requesting a variance to the requirement that the parking spaces displaced by a temporary vendor on the site of an existing permanent business will not total more than 25% of the total parking available on-site.

10 The subject property is located along the south side of Old Fort Parkway just west of Cason Lane. The lot is currently developed with a Fifth Third Bank. The applicant has requested a special use permit in order to operate a seasonal fireworks retailer in the bank s 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 permission letter from the owner allowing the use of the property as proposed. Staff has also included photographs of the site for the Board s reference. This is the first time that an application for a seasonal fireworks retailer has been submitted for this site. 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 during the July 4 th selling season only. 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 and will comply with the minimum setback requirements in 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 as needed, and there will be a trash can on-site. The applicant has indicated that the tent operator and his vehicle will remain on-site during the overnight hours for security purposes. A portable toilet will be placed on-site for the duration of the selling season. The site exceeds the minimum separation requirements from sale of alcohol for on-site consumption and from gasoline pumps. Several fire hydrants are directly adjacent to the bank site. 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. According to the original site plan for the bank, there is a total of fortythree (43) parking spaces (41 regular spaces and 2 handicap spaces). In order to comply, the vending operation is allowed to take up no more than parking spaces. The tent itself will take up ten (10) spaces, and the tent operator s vehicles will take up at least one (1) more. Any additional vehicles will put the vending operation over the allowable limit. The bank was developed with an excess of parking spaces, however. Only fourteen (14) spaces are required for a bank this size, so many of the existing spaces onsite are surplus. The applicant has indicated that the back parking area where the tent is proposed to be located, which is remote from the bank building and main parking lot, is seldom used. He has indicated that up until the afternoon of Saturday, July 2 nd, it is likely that the spaces in the back parking lot will be sufficient for any customer parking. He says that he has checked with the bank regarding its hours of operation, and it will close at 2:00 PM on Saturday, July 2 nd and will be closed all day on Sunday, July 3 rd, and Monday, July 4 th. According to the applicant, the busiest times for the fireworks tent will be when the bank is closed and the remainder of the parking lot available.

11 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. 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. Mr. Loyd will be in attendance at the meeting to answer any questions that the Board may have. The special use permit and variance requests will each need to be considered under separate motions.

12 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS MAY 25, 2011 Application: Address: Applicant: Zoning: Requests: Z Cason Lane Ms. Julie Smith, for Absolute Fireworks Commercial Highway (CH) A special use permit in order to operate a temporary outdoor vending establishment (seasonal fireworks retailer). The applicant is also requesting a variance to the requirement that the parking spaces displaced by a temporary vendor on the site of an existing permanent business will not total more than 25% of the total parking available on-site.

13 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 and has been for some time. 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 five (5) 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. The applicant proposes to sell fireworks during the July 4 th selling season only. The tent s hours of operation will be from 10 AM until 10 PM, with the exception of July 4 th, July 5 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 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 three (3) years and staff has not received any complaints with regard to the amount of parking on-site.

14 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. 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. The special use permit and variance requests will each need to be considered under separate motions.

15 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS MAY 25, 2011 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

16 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. This site has been approved for a seasonal fireworks retailer the past two (2) 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 zoning inspection after the application was made. However, it did not pass its initial codes inspection due to tall weeds and grass. The applicant has been made aware of the violation and has been advised to bring the property into compliance prior to the BZA meeting. 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.

17 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.

18 MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS MAY 25, 2011 Application: Address: Applicant: Zoning: Request: Z North Church Street Ms. Cynthia R. Sherwin Residential Duplex (RD) An amendment to a special use permit originally approved on August 25, 2010 allowing a home occupation (a hair salon). The approved special use permit called for the home occupation to be conducted from within the principal structure. The applicant wishes to amend the special use permit in order to conduct the home occupation from within a proposed accessory structure.

19 The subject property, 811 North Church Street, is located on the west side of North Church Street south of West Lokey Avenue. There is an existing single-family residence on the subject property, and it is surrounded primarily by various types of residential uses, although there is also a church and a daycare in the vicinity along North Church Street. The applicant would like to operate a hair salon out of her home as a home-based business. She has submitted a letter addressing Sections 8 and 9 of the Zoning Ordinance, as well as a site plan of the subject property, a floor plan of the proposed salon, and a sketch of the front of the proposed accessory building. Staff has also included photographs of the subject property as well for the Board s reference. In August 2010, the applicant was granted a special use permit by the Board for a homebased hair salon. At the time, her plan was to demolish an existing 10 x 14.5 attached laundry room at the rear of her existing house. In its place, she was to construct a 21.3 x 27.3 addition to house her salon. She has decided not to move forward with that plan. Instead, she wishes to tear down an existing accessory building in her back yard and replace it with a new accessory building, which will house her salon. This change of plans requires the applicant to appear before the Board in order to request an amendment to her original special use permit. The proposed 16 x 28 accessory building will be very near the location of the existing accessory building. The applicant has stated that the existing accessory building does not meet the minimum 5-foot side setback requirement, but that she will build the new one to meet all setback requirements. As mentioned earlier, the applicant has provided a sketch of the front elevation of the proposed accessory structure. She has stated that she plans on using siding on the exterior of the new accessory building that will match the siding on the rear of the existing house. It will not be vinyl siding, according to the applicant. Other than moving the proposed location of the salon into a new accessory building, very little else is proposed to change. Currently, there is a one-car-width gravel driveway into the property from North Church Street. The applicant proposes to pave the driveway in order to accommodate additional parking. As shown on the site plan, the paved driveway will extend almost as far west as the proposed accessory building. It will be approximately 80-feet deep from her front property line, which is deep enough to accommodate four (4) vehicles single-stacked. The original special use permit included widening the driveway towards the rear of the house. The applicant has indicated, however, that she feels that the single-wide driveway, at 80-feet deep, will be sufficient to accommodate her own vehicles as well as any customers vehicles. The door into the salon will be on the east side of the accessory structure facing the driveway. According to the floor plan submitted, there will be one (1) cutting chair, one (1) shampoo station, and one (1) color bar, where the applicant will mix hair coloring. There will also be a full bathroom in the salon as well. Clients will visit her house by appointment only in order to minimize the number of vehicles there at any given time. Days of operation will be Monday through Friday. Hours of operation will be 9:00 AM thru 7:00 PM. The applicant has indicated that the maximum number of appointments that she will schedule per business day will be five (5). She has indicated in her letter that she will have no employees. No signage is proposed for the home-based business

20 either. The applicant has indicated that she will have some hair care products for sale in her salon, but the products will only be sold at the time of an appointment or at an off-site location. There will be no walk-in customers. The Zoning Ordinance dictates that not more than 25% of the residential dwelling unit and accessory structure is allowed to be devoted to the home occupation. The total square footage of the house and the proposed accessory structure combined is 1,903 square-feet (using information from the Property Assessor s office for the square footage of the existing house). The home-based business will utilize approximately 448 squarefeet, or 23.5% of the principal structure and accessory structure combined, which does not exceed the maximum 25%. In addition, it will not exceed the maximum 500-squarefeet for the size of a home-based business conducted completely from within an accessory structure. If the Board approves this request, staff recommends the following conditions: 1) Required permits for the proposed work (including a demolition permit if necessary) must be obtained from the Building and Codes Department. In addition, the applicant shall not begin operation of the business until a certificate of occupancy has been issued by the Building and Codes Department. 2) There shall be no overlapping appointments. 3) All appointments shall end no later than 7 PM. 4) There shall be a maximum of 5 appointments per business day. Ms. Sherwin will be in attendance at the meeting to answer any questions that the Board may have.