SUMNER COUNTY ZONING BOARD OF APPEALS
MINUTES
October 13, 2016
6:00 p.m.
SUMNER COUNTY ADMINISTRATION BUILDING
COMMITTEE ROOM # 112
355 N. BELVEDERE DRIVE
GALLATIN, TN. 37066
MEMBERS PRESENT:
MARK MCKEE, JR. CHAIRMAN
BRUCE RAINEY, VICE-CHAIRMAN
SANDY WEBSTER
DON DICKERSON
JOHN WESLEY JONES
STAFF PRESENT:
RODNEY JOYNER, DIRECTOR OF PLANNING AND STORMWATER
LINDA MCCULLOUGH, ASSISTANT TO THE DIRECTOR OF PLANNING & STORMWATER
Motion for approval of the September minutes by Ms. Webster, seconded by Mr. Dickerson. Motion passed unanimously.
1. David Kyle Castilon is 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 1810A Latimer Lane, Hendersonville, TN., is on Tax Map
117, Parcel 77, contains 4.75 acres, and is zoned R1A and Agricultural.
The adjoining property owners were notified by mail.
Kyle Castilon and Tisha Nolen came forward to represent and explain this request.
Mr. McKee opened the floor for the public hearing.
Since there was no one present to speak, he closed the public hearing.
There was discussion.
Motion to approve a two-year continuation of their Conditional Use Permit by Mr. Rainey, seconded by Ms. Webster. Motion passed unanimously.
SUMNER COUNTY ZONING BOARD OF APPEALS MINUTES PAGE 2
OCTOBER 13, 2016
2. Kent & Candace Butt are requesting a Setback Variance of 12 feet on the west side of their property to build a detached garage. Subject property is located at 310 Clearview Road, Cottontown, TN 37048, is on Tax Map 054, Parcel 007.00, contains 1 acre and is zoned Agricultural.
Adjoining property owners were notified by certified mail.
This is a public hearing and was advertised in the Gallatin News on Thursday, September
29, 2016.
Mr. & Ms. Butt came forward to represent and explain this request.
Mr. McKee opened the floor for the public hearing.
Since there was no one present to speak, he closed the public hearing.
There was discussion.
Mr. Rainey asked the applicant if they were requesting a 12 ft. variance or an 8 ft.
variance.
Ms. Butt stated that they are requesting an 8 ft. variance.
Mr. Rainey stated that the only way the Board’s regulations could permit this type of
variance is in a hardship, conditional to this lot in particular. In the past, we have
allowed septic to be used as a condition for this variance. Mr. Rainey also stated that
the Butt’s neighbors do not have a problem with this variance.
Motion to approve the requested Setback Variance by Mr. Rainey, seconded by Mr. Dickerson. Motion passed unanimously.
3. Teddy Adams (Contractor) and Don & Lana Tracy (Property Owner) are requesting a Setback Variance of 5 feet. Subject property is located at 1281 Sandy Valley Road, Hendersonville, TN 37075. Subject property is on Tax Map 116, Parcel 003.01, containing 4.83 acres, and is zoned Agricultural and Residential 1-A.
Adjoining property owners were notified by certified mail.
This is a public hearing and was advertised in the Gallatin News on Thursday, October
06, 2016
Teddy Adams came forward to represent and explain this request.
Mr. Rainey stated that he did the original subdivision but did not have any part of the
survey of this property, so therefore does not see the need to recuse himself.
Mr. McKee opened the floor for the public hearing.
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OCTOBER 13, 2016
Corde Sprouse came forward to express concern for this variance since his lot is next to
the subject property. Mr. Sprouse stated that he and Mr. Adams have discussed planting
10 trees along the property line of the variance.
Mr. Rainey asked Mr. Adams how did this incident happen.
Mr. Adams stated that he had Rocky Montoya to do the corners and they pulled the line
that removed stakes and after the bricking stage the homeowner stated that it looked like
it was over 5 feet too much. Mr. Adams stated that he has been in business for 30 years
and this has never happened.
Mr. Rainey stated that Mr. Adams signed an affidavit that the applicant was responsible
for the staking.
Mr. Adams stated that Rocky Montoya did stake it off and after the setback error was
found, Mr. Adams called Rocky Montoya back out and Mr. Montoya stated that the lines
had been moved. Mr. Adams stated that he did not move the stakes.
Mr. Rainey stated that this puts the Board in a situation. Mr. Adams signed an affidavit
that he would have the property staked; it was staked by Mr. Montoya, but somewhere it
was in error.
Mr. Rainey stated that in the past, the Board has turned this type of situation down. Mr.
Rainey asked if Mr. Sprouse would agree to swap 5 feet of land and still put the trees up.
Mr. Sprouse asked to explain what Mr. Rainey meant by swapping land.
Mr. Rainey explained to Mr. Sprouse that he could possibly swap 5 feet of land at the
property line and in return, Mr. Sprouse would receive 5 feet of land at another location
along the property line, and Mr. Adams would still put up the requested trees. Mr.
Rainey stated that it would be about 200 – 300 square feet of land.
Mr. Sprouse asked if it would change the property line.
Mr. Rainey stated that it would change the line and that Mr. Sprouse would have to deed
the Tracy’s the 5 feet of land.
Mr. Sprouse stated that he is not willing to give up any of his property, stating that it
would make them too close.
There was discussion among the Board Members.
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OCTOBER 13, 2016
Mr. Rainey stated that he was not prepared to make a motion at this meeting and would
like for Mr. Adams to exhaust all avenues to find a way to address this problem. Mr.
Rainey went on to say that he would suggest to Mr. Adams to try to purchase or swap 5
feet of land from Mr. Sprouse, and would give Mr. Adams 30 days to find a solution.
Mr. Rainey asked Mr. Adams if there was any way to break up the structures and make
the mother-in-law suite an accessory building. Mr. Rainey stated that if that were to
happen, the accessory structure would only need to be 5 feet from property line.
Mr. Adams stated that the Tracy’s needed the structure to be attached due to Ms. Tracy’s
mother being in bad health.
There was discussion between Mr. Rainey and Mr. Adams on this topic.
Mr. Rainey stated that in order to stay consistent with previous decisions, he did not see
a way to approve this variance at this time.
Mr. Joyner stated to Mr. Sprouse that if the property line were to be adjusted, he could
still have .93 acres, the line might be a little closer to the house, however Mr. Joyner
stated that Mr. Sprouse’s house is about 22 feet from the property line now.
Mr. Joyner asked Mr. Adams if he would consider taking 30 days to talk over the
situation with the applicant. Mr. Joyner stated that this issue needed to be deferred for
30 days.
Mr. Adams asked if the Board would consider granting the variance.
Mr. Rainey stated that he would not feel comfortable granting the variance without Mr.
Adams exhausting all avenues first.
Mr. Joyner asked Mr. Adams what stage of construction was this structure in.
Mr. Adams stated that the owners were 60 days out from moving in.
Motion to defer the requested Setback Variance for 30 days by Mr. Rainey, seconded by Ms. Webster. Motion passed unanimously.
There was discussion.
Motion to Adjourn by Mr. Rainey, seconded by Ms. Webster. Motion passed unanimously.
Meeting Adjourned at 6:14 p.m.