Sumner County TN Government



SUMNER COUNTY ZONING BOARD OF APPEALSMINUTESOCTOBER 9, 20146:00 p.m.SUMNER COUNTY ADMINISTRATION BUILDINGCOMMITTEE ROOM # 112355 N. BELVEDERE DRIVEGALLATIN, TN. 37066MEMBERS PRESENT:MEMBERS ABSENT:MARK MCKEE, JR. CHAIRMANMARSH RAGLANDBRUCE RAINEY, VICE-CHAIRMANSANDY WEBSTERDON DICKERSONSTAFF PRESENT:RODNEY JOYNER, DIRECTOR OF PLANNING AND STORMWATERLISA DUNAGAN-DIORIO, ADMINISTRATIVE ASSISTANTMOTION FOR APPROVAL OF THE SEPTEMBER MINUTES BY MS. WEBSTER, SECONDED BY MR. DICKERSON. MOTION PASSED UNANIMOUSLY.1. David Kyle Castilon was requesting a conditional use permit for pet-sitting in a proposed detached building. Applicant is also requesting permission for two employees and a dust free parking variance. Subject property is located at 1810-A Latimer Lane, Hendersonville, TN., is on Tax Map 117, Parcel 77, contains 4.75 acres, and is zoned R1A and Agricultural.This is a public hearing and was advertised in the Gallatin News Examiner on September 26, 2014. The adjoining property owners were notified by certified mail.Tish Nolen, fiancée of David Castilon, came forward to explain and represent this request. She stated that they were proposing to have 15 dogs, on the inside only or in a common yard outside supervised by her. The dogs would be taken outside in groups of five (5). There will be separate suites, 3’ x 5’. She showed pictures of what was being proposed. She stated that they were going to demolish the old barn and build a proposed structure.Chairman McKee opened the floor for the public hearing.Ruth Fann came forward to ask questions about where the proposed building would be located.Mr. Joyner stated that he had not received any phone calls or emails regarding this request.There was discussion.SUMNER COUNTY ZONING BOARD OF APPEALS MINUTES PAGE 2OCTOBER 9, 2014Motion for approval by Mr. Rainey of the conditional use permit as portrayed for two (2) years, two (2) employees, and dust free parking, just as advertised, no signs, seconded by Mr. Dickerson.2. Castalian Springs–Bethpage Water Utility District is requesting a conditional use permit to construct a new office building. Applicant is also requesting permission for nine employees and two signs. Subject property is located at 1010 Hinton Road, Bethpage, TN., is on Tax Map 84, Parcel 43.01, contains 5.44 acres and is zoned Agricultural.This is a public hearing and was advertised in the Gallatin News Examiner on September 26, 2014.The adjoining property owners were notified by certified mail.Steve Graves, County Commissioner, came forward to represent and explain this request. The entrance will be off of Hinton Road and the proposed office building will be 40’x 100’ which will include the shop area.Chairman McKee opened the floor for the public hearing.No one came forward to speak for or against.There was discussion.Mr. Rainey stated that since this is a governmental entity he is not going to include, as part of his motion, that there would be no need to renew this conditional use permit every two years.Motion to approve this conditional use as presented and to waive the two year requirement, seconded by Ms. Webster. Motion passed unanimously.3. DEFERRED BY APPLICANT AT THE SEPTEMBER 2014 ZBA MEETING - William Perry, Marcus Smith etux and Richard Thomas etux, and Farmers Bank are requesting variances for several lots within the Farmers Bank Subdivision, to include lot-size variances and setback variances to the lots within this subdivision. These variances are intended to bring said lots into compliance where necessary and bring other non-conforming requirements closer to compliance.Subject properties are located on Highway 76, Cottontown, TN., on Tax Map 58, Parcels 75, 75.01, and 74 (which are zoned Commercial 1), Parcels 73 and 72 (which are zoned Agricultural), containing a total of 6.72 acres.This is a public hearing and was advertised in the Gallatin News Examiner on August 27, 2014. The adjoining property owners were notified by certified mail.SUMNER COUNTY ZONING BOARD OF APPEALS MINUTES PAGE 3OCTOBER 9, 2014Mr. Richard Graves came forward to represent and explain this request. He explained that this plat is different than presented previously. The difference is that the owner of Lot 2 (William Perry) pulled out of the agreement. There was also a disagreement about what the bank was actually getting or what was being swapped pertaining to the fifty (50’) feet entrance to Lot 1. After the deferral last month, the bank came to an agreement that Mr. Thomas would deed the bank thirty (30’) feet road frontage and grant a twenty (20’) feet ingress/egress utility easement across the property so that Building E would not be encroaching on the setback. Now there only remains a square footage issue on Lot 4. Mr. Graves read aloud the notes on the plat: Lot 3, Building B, front yard setback variance of 13.9’; Building C front yard setback line variance of 12.3’; and side yard setback variance of 22.2’; Building D side yard setback variances of 20’ on the east side and 8.7’ on the west side as shown on the submitted plat; Lot 4 lot size variance of the required square footage requirement of 40,000 sq. ft. minimum to be approved at 33,873 +/- sq. ft.; in addition, a conditional use variance to continue to operate a business out of a structure on an Agricultural zoned lot. Lot 1, Building F, west side yard setback variance of 12.6’ and Building H rear yard setback variance of 9.1’. Also, request setback variance as shown on the final plat for Building F on Lot 1 of 7.4’, and a 17.3’side yard setback variance for Building H. Request for a variance of 20’ for road frontage required for Lot 1. A request by the ZBA was made to show Lot 4 and Lot 3 lot sizes so as to provide documentation of the situation being improved by these requests.Mr. Rainey stated that the applicant needs to spell out every variance, not include them all together. This information needs to be placed on the final plat prior to recording. He also asked the applicant to place a note on the plat regarding the septic information.Mr. Graves explained that Lot 3 has no septic system and cannot be used for anything except mini-storages. Lot 4 has an existing septic system and this would be grandfathered in according to Bob Fox, the Environmentalist for TDEC (Tennessee Department of Environment and Conservations). Mr. Rainey also stated that he wants a special note stating that Lot 3 does not have a septic permit.Mr. Graves stated that this will be followed by a plat of record, which everyone will sign and then deeds shall be completed, transferring these properties, and portions thereof, upon approval by this Board. Chairman McKee opened the floor for the public hearing.SUMNER COUNTY ZONING BOARD OF APPEALS MINUTES PAGE 4OCTOBER 9, 2014No one came forward to speak for or against this request.There was discussion,For the record, Mr. Rainey stated that this situation is bad, and has been bad for years, thus, this is not the requestor or the owner’s problem. This was created some time ago, and for this reason, this is the logic behind the motion being made. Mr. Rainey felt that the Board would be actually correcting a situation that, if left unchecked, will snowball and the County will always have a problem with it. Motion by Mr. Rainey for approval of the variances discussed, with these outlined on the record copy as discussed, also including the motion to be contingent upon a plat being recorded for the three properties (Lots 1, 3 and 4), thus, having to be approved by the Planning & Stormwater Department and the TDEC Environmental Office, in addition to asking staff to work with requestor/applicant with the language needed; seconded by Ms. Webster. Motion passed unanimously.Meeting Adjourned at 6:35 p.m. ................
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