[ Call to Order Roll Call Pledge of Allegiance to the Flag]
[00:00:10]
UH, I WANT A CALL TO ORDER THE REGULAR MEETING OF THE BRENTWOOD BOARD OF ZONING APPEALS MEETING FOR MONDAY, SEPTEMBER 15TH, 2025.
ALISON, LET THE RECORD SHOW THAT UH, TODD SPILLANE, UH, LISA ROTHMAN, ERIC HOOK AND I ARE PRESENT.
UH, IF YOU'LL PLEASE RISE FOR THE PLEDGE OF ALLEGIANCE.
I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY TO I JUSTICE FOR ALL.
[ Approval or Correction of Minutes]
HAD AN OPPORTUNITY TO READ THE MINUTES FROM AUGUST? YES.UH, ARE THERE ANY PROPOSED CHANGES? IF THERE ARE NONE, IS THERE A MOTION TO APPROVE? I SO MOVE.
ANY QUESTIONS? ALL IN FAVOR OF APPROVAL, SAY AYE.
OKAY, WE HAVE THREE ITEMS ON TONIGHT'S AGENDA.
[1. BZA2505-001 Accessory Structure Request - Magnolia Vale Subdivision, Phase 2, Lot 44, 9615 Mitchell Place, Zoning R-2 - Applicant Cool Springs Construction ]
IS BZA 2 5 0 5 0 0 1 ACCESSORY STRUCTURE REQUEST MAGNOLIA VEIL SUBDIVISION, PHASE TWO LOT 44 9 6 1 5 MITCHELL PLACE ZONING R TWO ALLISON COOL SPRING CONSTRUCTION.REQUEST APPROVAL OF A 721 SQUARE FOOT DETACHED STRUCTURE TO BE CONSTRUCTED IN THE REAR BUILDABLE AREA OF THE LOT.
THE STRUCTURE WILL BE CONSTRUCTED OF BRICK AND SHINGLE ROOF THAT MATCHES THE EXISTING HOUSE.
IT WILL BE APPROXIMATELY 24.9 FEET TALL FROM THE LOWEST ADJACENT GRADE TO THE PEAK OF THE ROOF.
THE HEIGHT OF THE HOUSE FROM ITS LOWEST ADJACENT GRADE IS 37.86 FEET TALL.
THERE ARE FOUR STANDARD CONDITIONS OF APPROVAL AND STAFF RECOMMENDS APPROVAL OF THE DETACHED ACCESSORY STRUCTURE SUBJECT TO ALL BUILDING CODES AND STAFF NOTES.
IS SOMEONE HERE REPRESENTING THIS PROJECT? YES SIR.
ARE YOU WITH COOL SPRINGS CONSTRUCTION? YES SIR.
BILL, IS THERE ANYTHING YOU WOULD LIKE TO ADD TO WHAT'S BEEN PRESENTED RIGHT NOW? NO, SIR.
UH, BOARD MEMBERS, DO YOU HAVE ANY QUESTIONS FOR BILL? HEARING NONE, ALLISON, HAVE YOU RECEIVED ANY CORRESPONDENCE FROM, UH, ANYONE REGARDING THIS UH, SUBMISSION? I HAVE NOT RECEIVED ANY CORRESPONDENCE.
IS THERE ANYONE HERE WHO WANTS TO SPEAK REGARDING THIS SUBMISSION? OKAY, HEARING NONE.
IF THERE ARE NO QUESTIONS, UH, IS THERE A MOTION TO APPROVE? MOTION TO APPROVE.
ANY QUESTIONS? ALL IN FAVOR OF APPROVAL, SAY AYE.
[2. BZA2508-002 Variance Request - 6402 Johnson Chapel Road West, Zoning R-2 - Applicant: Theresa Sells]
IS BZA 2 5 0 8 DASH 0 0 2 VARIANCE REQUEST.6 4 0 2 JOHNSON CHAPEL ROAD, WEST ZONING R TWO ALLISON.
TERRY SELLS REQUEST APPROVAL OF VARIANCE TO ALLOW THE PLACEMENT OF A POOL IN THE SIDE YARD RATHER THAN THE REAR BUILDABLE AREA OF THE HOUSE.
THE MUNICIPAL CODE REQUIRES THAT SWIMMING POOLS ARE TO BE LOCATED IN THE REAR BUILDABLE AREA.
UH, THIS VARIANCE REQUEST IS DUE TO EXTREME TOPOGRAPHIC CONDITIONS ON THE PROPERTY AND THE ORIENTATION OF THE EXISTING HOUSE.
BOTH OF THESE ITEMS CREATE AN UNDUE HARDSHIP AND LOCATING THE POOL IN THE SIDE YARD WOULD, UM, MINIMIZE DISTURBANCE TO THE LOT.
UM, SECTION 78 DASH 59 TALKS ABOUT, UM, VARIANCES, WHICH I WILL NOT READ ALL OF IT.
UM, BUT THERE ARE THREE STANDARDS THAT NEED TO BE MET FOR A VARIANCE REQUESTS.
UM, ONE OF THEM IS DUE TO EXCEPTIONAL NARROWNESS SHALLOWNESS OR THE SHAPE OF THE SPECIFIC PIECE OF PROPERTY, WHICH AT THE TIME OF THE ADOPTION OF THE PROVISIONS OF THE CHAPTER WAS A LOT OF RECORD.
UM, THIS LOT WAS CREATED IN 1996, UM, AS PART OF A THREE LOT SUBDIVISION.
UM, AND THEN THERE WAS A REVISED FINAL PLOT DONE IN 2005.
[00:05:01]
SO THE DUE TO TOPOGRAPHY ALSO LIKE THE HOUSE IS KIND OF PUSHED FARTHER BACK, UM, ON THE HILL.UM, AND THEN WHEN THE HOUSE WAS CONSTRUCTED, IT WAS NOT BUILT TO FACE THE FRONT SETBACKS.
THE FRONT OF THE HOUSE FACES THE REAR PROPERTY LINE, UM, AND IT WAS NOT CONSTRUCTED TO TYPICAL, UH, STANDARDS THAT WE'VE GOT TODAY.
UM, THE ANOTHER PART OF PART ONE IS WHEREBY REASONABLE OF EXCEPTIONAL TOPOGRAPHIC CONDITIONS OR OTHER EXTRAORDINARY OR EXCEPTIONAL SITUATIONS OR CONDITIONS OF A PIECE OF PROPERTY.
UM, STAFF'S DETERMINATION THAT THIS CRITERION HAS BEEN MET DUE TO THE EXCEPTIONAL, UH, TOPOGRAPHIC CONDITIONS.
THIS LOT'S LOCATED, UM, WITHIN THE HILLSIDE PROTECTION OVERLAY DISTRICT, UM, WHICH HAS 850 FEET OR GREATER, UM, AND ALSO HAS, UH, THIS LOT SPECIFICALLY HAS SLOPES OF 33% TO 61% SLOPE.
IF NOT, UM, STEEPER, UH, THIS LOT WAS DEVELOPED PRIOR TO THE ADOPTION OF THE HILLSIDE PROTECTION OVERLAY DISTRICT.
UM, NUMBER TWO, THE, UH, STRICT APPLICATION OF THE PROVISIONS OF THIS CHAPTER WOULD RESULT IN EXCEPTIONAL, PRACTICAL DIFFICULTIES TO, OR EXCEPTIONAL AND UNDUE HARDSHIP, UM, TO THE OWNER OF THE PROPERTY.
UM, THE STRICT APPLICATION OF THE PROVISIONS OF THIS CHAPTER WOULD RESULT IN EXCEPTIONAL PRACTICAL DIFFICULTIES AS TO NOT ALLOWING FOR AN ALTERNATIVE LOCATION COULD RESULT IN MASS DISTURBANCES TO THE NATURAL LANDSCAPING, UM, AND REMOVAL OF SIGNIFICANT AMOUNT OF TREES AND POTENTIAL SOIL EROSION.
SO DUE TO THE TOPOGRAPHY AND SLOPE OF THE SLOT THERE, THERE'S LIMITED AREAS FOR THE HOUSE TO BE CONSTRUCTED AS WELL AS ADDITIONAL IMPROVEMENTS ON THE LOT.
UM, IT'S STAFF'S DETERMINATION THAT THIS CRITERION HAS ALSO BEEN MET.
AND THEN, UM, NUMBER THREE, PROVIDED THAT SUCH RELIEF MAY BE GRANTED WITHOUT DETRIMENT TO THE PUBLIC GOOD.
AND THE INTENT AND PURPOSE OF THIS CHAPTER, UM, DUE TO THE EXTREME TOPOGRAPHIC CONDITIONS OF THIS PROPERTY AND SURROUNDING AREA, UH, IF RELIEF WERE TO BE GRANTED FOR THIS LOCATION ON THE PROPERTY WOULD NOT BE A SIGNIFICANT DETRIMENT TO THE PURPOSE AND INTENT OF THE ZONING ORDINANCE.
THIS PROPERTY IS NOT VISIBLE FROM PUBLIC STREET OR LOWER ELEVATIONS AND WOULD BE A SPECIAL EXCEPTION AND IS NOT A TYPICAL, UM, LOT WITHIN A SUBDIVISION.
UM, THEREFORE SINCE THE CIRCUMSTANCES OF THIS PROPERTY ARE UNIQUE AND WOULD NOT GENERALLY APPLY ELSEWHERE THROUGHOUT THE CITY, ITS STAFF'S DETERMINATION THAT THIS CRITERION HAS BEEN MET.
UM, STAFF RECOMMENDS APPROVAL OF THE VARIANCE REQUEST AS SHOWN EXHIBIT A OF THE ATTACHMENTS BECAUSE OF TOPOGRAPHIC CONDITIONS IN THE ORIENTATION OF THE HOUSE.
IS THERE SOMEONE HERE REPRESENTING THIS PROJECT? IF, IF YOU COULD COME FORWARD AND STATE YOUR NAME? IT'S TERRY SELLS.
ALRIGHT, TERRY, IS THERE ANYTHING YOU WANT TO ADD TO WHAT HAS BEEN PRESENTED? I THINK THAT WAS ENOUGH
WE HAD A QUESTION EARLIER ABOUT HOW LARGE THE LOT WAS.
I THINK IT'S IN EXCESS OF SIX ACRES, UH, IS WHAT SHE'D INDICATED.
AND IT IS IT A TREE COVERED LOT ESSENTIALLY? YES, EXCEPT FOR IN THE SPOT WHERE I WANNA PUT THE POOL
UH, I'M, I'M GONNA ASK THE BOARD MEMBERS, DO YOU HAVE ANY QUESTIONS FOR, FOR TERRY? I DO NOT.
HAD, UH, ALLISON, HAVE YOU RECEIVED ANY CORRESPONDENCE FROM ANYONE REGARDING THIS REQUEST? I HAVE NOT RECEIVED ANY CORRESPONDENCE.
IS THERE ANYONE HERE WHO WISHES TO SPEAK REGARDING THIS REQUEST? OKAY, HEARING NONE.
IS THERE A MOTION TO APPROVE? MOTION TO APPROVE.
ERIC, ARE THERE ANY QUESTIONS? ALL IN FAVOR OF APPROVAL, SAY AYE.
[3. BZA2508-003 Accessory Structure Request - Hillview Estates, Section 2, Lot 92, 1007B Highland Road, Zoning R-2 - Applicant: Caleb Tucker]
ON TONIGHT'S AGENDA IS BZA 2 5 0 8 DASH ZERO THREE ACCESSORY STRUCTURE REQUEST.HILLVIEW ESTATES SECTION TWO LOT 92 1 0 0 7 B HIGHLAND ROAD ZONING R TWO ALLISON CALEB TUCKER REQUESTS APPROVAL OF A 2,702 SQUARE FOOT DETOX STRUCTURE TO
[00:10:01]
BE CONSTRUCTED IN THE REAR BUILDABLE AREA OF THE LOT.THE STRUCTURE WILL INCLUDE A 1,760 SQUARE FOOT MAIN FLOOR WITH A 942 SQUARE FOOT, UH, STORAGE LOFT AND BE APPROXIMATELY 22.5 FEET TALL.
IT WILL BE CONSTRUCTED OF BOARD AND BATTEN FIBER SIDING PAINTED TO MATCH THE PRIMARY RESIDENCE WITH THE STANDING SEAM METAL ROOF.
UH, THE PRIMARY RESIDENCE IS AN ALL BRICK GERMAN SMEAR WITH OFF-WHITE SIDING.
UM, THERE'S NO SLEEPING QUARTERS PROPOSED.
THE HEIGHT OF THE HOUSE IS APPROXIMATELY 38.5 FEET TALL FROM THE LOWEST ADJACENT GRADE TO THE PEAK OF THE ROOF.
UM, THIS LOT'S LOCATED WITHIN THE HILLSIDE PROTECTION OVERLAY DISTRICT AND WAS PRE, UM, APPROVED BY THE PLANNING COMMISSION AT THEIR SEPTEMBER 2ND, UM, MEETING.
SINCE IT IS LOCATED WITHIN THE HP, UM, THEY'RE REQUIRED TO APPROVE, UH, REVIEW AND APPROVE, UM, ANY IMPROVEMENTS, UH, ON THE LOT.
AND THEY APPROVED IT WITH, UM, A CONDITION THAT THE DETACH STRUCTURE BE APPROVED BY THE BOARD OF ZONING APPEALS.
UM, THIS PARCEL IS APPROXIMATELY 6.83 ACRES.
UH, THERE ARE FOUR STANDARD CONDITIONS OF APPROVAL AND STAFF RECOMMENDS APPROVAL OF THE DETACH ACCESSORY STRUCTURE SUBJECT TO ALL BUILDING CODES AND STAFF NOTES.
IS SOMEONE HERE REPRESENTING THIS PROJECT? IF YOU COULD INTRODUCE YOURSELF.
ARE, ARE YOU THE RESIDENT? YES.
IS THERE ANYTHING YOU WOULD WISH TO ADD TO WHAT'S BEEN PRESENTED? NO.
IS, IS, UM, BOARD MEMBERS ANY QUESTIONS FOR, FOR CALEB? I HAVE A QUESTION.
UM, OUR COPY DOESN'T HAVE THE PROPOSED STRUCTURE OR AT LEAST MINE DOESN'T ON THIS TOPO LIKE THIS.
CAN Y'ALL MAKE THAT BIGGER JUST SO I CAN SEE A LITTLE BETTER? OR IS THAT POSSIBLE? I'LL SEND IT AS FAR AS I CAN.
YOU WANT ME TO GO POINT TO IT? NO, I SEE IT.
OH, YOU WANT THE IT'S THE SECOND.
THERE WAS TWO SHEETS I STAND CORRECTED.
ARE THERE, UM, THERE, I DID THAT EARLIER THIS MORNING.
INTERVIEW OF PROPOSED, IT'S ON THERE.
IF I MAY ASK WHAT, WHAT IS THE INTENT OF THE BUILDING? UH, GARAGE STORAGE.
ANY, ANY OTHER QUESTIONS FOR, FOR CALEB? ANYONE HERE WISHES TO SPEAK REGARDING, UH, THIS REQUEST? ALLISON, HAVE YOU RECEIVED ANY CORRESPONDENCE REGARDING, UH, THIS REQUEST? I RECEIVED, UM, A COMMENT FROM A RE A NEIGHBORING RESIDENT WHO WAS CONCERNED ABOUT THE, UM, THE GR THE GRADING THAT WAS NEEDED FOR THIS PROJECT AND WAS NOT IN FAVOR OF THIS PROJECT.
I, IS IT FROM A FLOODING CONCERN? UM, I DON'T BELIEVE IT WAS A FOR FLOODING, IT WAS JUST FOR, UM, SORRY, MY RECOLLECTION IS FAILING ME AT THIS MOMENT.
UH, WELL IT MAY HAVE BEEN OF RUNOFF CONCERNS FOR THE, UM OKAY.
BECAUSE OF THE GRADING, BUT AS IT STANDS NOW IT'S WITHIN, IT'S WITHIN CODE IT MEETS.
SO, UM, WHEN IT WENT THROUGH PLANNING, COMMISSION ENGINEERING DID A THOROUGH REVIEW OF THEIR, UM, GRADING AND IT WILL GET US ANOTHER LOOK.
AGAIN, UH, WHEN IT, WHEN HE APPLIES FOR A BUILDING PERMIT FOR THE ACCESSORY STRUCTURE.
ANY, ANYTHING ELSE FROM THE BOARD MEMBERS? UH, HEARING NONE? GO AHEAD.
UH, SIR, WHERE, WHERE IS IT STATED IN HERE? THAT IT'S GONNA HAVE TO BE APPROVED.
THE, THE SECOND APPROVAL YOU'RE TALKING ABOUT? YEAH.
IT WAS ALREADY APPROVED BY THE PLANNING COMMISSION ON SEPTEMBER 2ND.
IT'S A SECOND PARAGRAPH IN THE STAFF REPORT.
YEAH, HE'S ALSO DOING OTHER ADDITIONS TO HIS HOUSE, BUT THIS REQUEST BEFORE YOU DENY IS ONLY FOR THE ACCESSORY STRUCTURE.
IS THERE A MOTION TO APPROVE? I SO MOVE.
IS THERE A SECOND? I'LL SECOND.
ANY QUESTIONS? ALL IN FAVOR OF APPROVAL? SAY AYE.
ALLISON, DO YOU HAVE ANYTHING FOR
[00:15:01]
US? UM, WE HAVE TWO CONFERENCE OPPORTUNITIES FOR YOU GUYS TO ATTEND.UH, WE'VE GOT OUR TAMPA, THE TENNESSEE CHAPTER OF THE AMERICAN PLANNING ASSOCIATION.
WE HAVE THE FALL CONFERENCE BACK IN COOL SPRINGS IN OCTOBER, OCTOBER 20TH TO THE 22ND.
AND THEN WE ALSO HAVE A POWER OF 10 CONFERENCE THAT'S DONE BY CUMBERLAND REGION TOMORROW.
SO THOSE ARE BOTH TWO CONFERENCE OPPORTUNITIES FOR YOU GUYS TO ATTEND.
YOU'RE REQUIRED TO HAVE, UH, FOUR HOURS OF TRAINING FOR THE YEAR.
UM, AND THEN WE WILL BE HAVING AN OCTOBER MEETING.
ALRIGHT, IS THERE A MOTION TO ADJOURN? MOTION TO ADJOURN.
ALL IN FAVOR OF ADJOURNING, SAY AYE.