Board of Zoning Appeals - Regular Meeting

Second. There we go. Everybody's on. We'll be calling the meeting of the August 21st, 2025 board of zone appeals meeting to order. Uh we're going to approve last month's minutes. Has everyone had a chance to look over them? Make a motion to approve. Second. Motion been made and properly seconded. Any discussion? Proceed to vote. All in favor say I. I. I.

Any oppose? We'll be moving on to the next item. Approval of the agenda. Uh item number or the variance for Warren Road has been uh they've withdrawn their request. So that needs to be updated on the um agenda. Any any other adjustments, additions? Make a motion to approve. And has made the motion to approve. Do I hear a second? Second. been seconded. All in favor say I. I.

I. Anyone oppose? It passes.

Public comments for each uh item will be taken upon after the presentation of that item. So, if we can, we'll just hold them to at that time. But I have um one thing for the board. On Tuesday the 26th is a planning commission meeting and they've requested us to be there. Okay, that's next Tuesday. Uh for updates, any updates that we may have for the uh amendments and stuff inside on that. If you would like if you'd like to speak, you need to sign in. Moving on. First item on the agenda, variance request building setback B Street, uh, Southern Custom Buildings. Is anyone here for that?

Okay. If you would like to come up and make a presentation,

I'd like to build a small house on it. current

and this is in Oakley subdivision. Correct.

We did that last meeting. Yes, we did. 2525 for the modular. Are most of the houses 2525 or 50? How's it look? No,

you measured that last. Yeah, this is the same subdivision that we had the mobile home last. This is a common request. Yes, I got you. And all the houses were like 10 ft off the property line or 20 feet or something. They were pretty Yeah, tell you those were built back in the mid70s, 80s maybe. Okay. I think mid 80s usually very close. And that's when that subdivision was designed before codes.

Yes. And they cut the lots different different angles and different different widths and stuff. That's Is there already a septic on the property? I have a septic. You have a se So you don't have a septic tank already? Okay. And it's been approved. Okay.

Do you know how big a home you're going to build? Okay. So you can put there's a natural drain on that. So you can fit it in the 25 ft setbacks.

Okay. And we did that last month. I I'll make the motion to approve the 25 foot. We'll second. Tim's made the motion to approve and as seconded. Any other discussion? Okay. Anybody speak against agreement? Would anyone like to speak else speak on this? And seeing none, we'll proceed to vote. All in favor for the allowing the 25 foot setbacks on B Street say I. I. I.

All oppose. And it passes four to zero. Thank you, sir. And um you can probably get with Kurt and them next week and they'll have all the paperwork for you. Thank you,

Moving on to the second item of agenda. Variance request five minimum in A1 zone 170 Hendricks Lane. Is there a Mr. Hendrickx here or someone to present this? Okay. On the U application, father-in-law to build house to help farm and kids

with farming kids to build house and corporate. No drawing. You have a drawing. You have any kind of

Is that in the blue? Yeah. 24 acres. So, what's the Are they trying to split it up or what? Presenter. There needs to be a presenter here. I would like to postpone this until we have somebody here from the family that can represent what they want done and what they're proposing to do. So it needs be tabled tabled. Yes. Tabled 10 until they till the next meeting if they show if they come second Tim and request a sketch. Yes. And request at least a sketch and some more information. Yeah. Even if it's handone

Yes. U where is Hendrickson? It's off the old Tele Highway. That's Summit. Oh, the driveway. Okay. Road Shady Grove. Well, I pulled up till I didn't put in. So we have a motion to table this. Any and a second. U all in favor to table this Hendricks Lane until we have a presenter and more information say I. I.

All opposed be tabled till the next meeting and need a presenter. Moving on to the next item on the agenda, variance request five acremenum and an A1 zone Ragel Road Smotherman. Do we have anyone here to present? Okay.

Okay. What

Okay. this property. Our original intent was to take that acres and do three different building acres. I believe two of them the way we had it worked out over And the third was sent in the paper that Johnson and Associates had done for us. They had laid out the

um where they out of Franklin County. Okay. So they're the ones that did the survey for you. Okay. Okay. Okay. So, you're asking to split this six acre track basically into three smaller tracks. Yes.

And y'all purchased this land. two of them would be facing and when I called up here she said that they would have to be one acre because of the high with 50 foot setbacks.

Yes, sir. We would be below the minimum of the of the subdivision. So that's why we just said instead of asking for four or five, we just decided just to do the three acres. Are these already houses on the residence? Well, the one um we got it tore down where it says the 12 where the hand is. Yes, sir. Yes, sir. That one. That one's tore down. Yes, sir. And then that that's another parcel there. This is another parcel. Yes, sir. That's 1026. And that's a mobile home. And we do own it as well. This is a mobile home here. Yes, sir. Does the driveway off this side of that mobile home? Yes, sir. Right. Uh right there.

Right there is the house. That's a barn. Yes, sir. That's the that to the left. That green that's going to be part of one of the houses to the left here. Yes, sir. So, this is one of the houses that that's going to be one of the tracks to put out. That's just a barn. Okay. So, you're going to tear it down? Yes, sir. Okay. at the house. We got a permit to tear it down already. The uh the one up towards the front on Okay. And it's gone now. So, it's all cleared off and there's no telling when this photo is taken. So, but what we have to go, you know, it's better than what we used

the water's fine water. I mean there's good enough on road tracks too and we just feel comforted.

What size water line did they say was out there? Do you remember? No sir. Okay. Because I don't have that information. The moratorum went in in March, 1 of March. Uh, so I got it pulled up. February 25th, uh, planning commission me, it was already in planning commission vote 6 to 0 180. March 11th, the resolution moratorum. Let's see. Scanned. So it got proposed in February 25th. March 11th is when was in effect.

It was definitely between that. Whenever we got the work done, we went to turn it in and Johnson did and two days prior is when they passed the mortorium. So we were just kind of like,

but had you purchased it by then? Yes, sir. Yes, sir. So, what I'm pulling up here is it's saying the sale date was April 29th. Was that the closing? That's what's coming up on my system. We just verified our calendars. Who was the realtor? Um for our side for the seller. I never knew who she was. Um it was one of those situations. I think it was Jamie and Monica.

Yeah. I mean, but we're definitely I mean, the mortorium, you know, we knew what was going on with the mortorium to be honest. After we had signed Yeah. contract, what had happened? I mean,

we um got a call from our realtor who we trust implicitly and he had had a contract on this property with another individual. This individual had decided he wanted to use his money. I guess I don't know the details and We transferred that contract from that buyer to ourselves made the decision. Yes, this is great. Let's go ahead and sign the contract. Basically, between signing the contract and getting the work, do you mind turning that microphone on? Yes,

we were told, you know, I heard Chad say something about a moratorum and he asked me, "Do you know what a moratorum is?" I had never even heard the word. So, uh, we had to Google it and to us that just meant a pause. So, we were like, "Okay, pause. We'll get with the soil scientists. We'll get with Johnson and Associates. We'll take this time to get all of our ducks in a row." And by the time we got all of our ducks in a row, it was passed to where now it has to be five acres. So, it just,

you know, it is what it is. And I mean, it's u we're absolutely not blaming anybody. I know our realtor is fabulous. I'm sure the listing agent is great, too. Um, it just hit at a time where we just It's a pickle. Yeah. Really, honestly, and it's our pickle. Yeah. But the sale was finished April the 29th.

Mhm. Look, I feel sorry for you for buying it that way. But the last meeting I told a lot of people know that we're closer than you are. And I I'm going to have to make that same motion just to say no on the number two and number three. I think what we quoted the last time under uh 10. Me get my papers again. That's just him though. Uh find it again 10.80D number two and number three to deny it and that's because it closed in April which was a month after the moratorum went into place by the county commission.

It is what it is. Do you have turn your paper? Should be on the back. Would you care to read to That's not No, you want me to read them? Standard variance.

Okay. 10.80 D number two variances shall not be granted to allow use otherwise excluded from the particular district in which it was requested. And then 10.80 80D. Number three, for reasons fully set forth in the findings of the board, the for said circumstances or conditions are such that the strict application of the provisions of the resolution would deprive the applicant of any responsible use of this land. Mere losses in value shall not justify variance. There must be a deprivation of beneficial use of the land. And that's two and three.

Okay. remember how we have to do this because they're asking for a u request for pass. Yes. And then if we if we vote no then we have to agree that we vote no on a second vote. Yes. Okay. Call for them. But I don't have a second yet. So So but a motion has been made to pass it. Correct. You have to make a motion to pass first. Pass first. That's I don't understand. Okay. I make the motion to pass. Are you sure? It's what they did last weekend because I kept saying I

Yeah, cuz she kept saying I to everything. Well, this is what I was told by the planners and stuff that we have that their application is coming to us to be passed and that's what we have to vote on. That's the failing of it. Okay. So, all in favor say I. But you don't say I. Right. So, we make a motion. Okay. I now understand it dies on the floor. Yes. Make a motion to pass. Yes. Tim has made the motion for to pass the uh road. M. And it's been seconded by Kendall.

Kendall. Would anybody else like to speak on this? Go ahead, Mr. Brown. If you would keep it under two minutes. Yeah. If you would come to the mic, please, so that way everybody could hear you. And I'd just like to know why you would fail it. I mean, they've got a lot to use. It's not affecting anybody. So, why not let them use it the way they want to use it? I mean, what are they going to do with it now? Build one house on it? Currently that is the option. Um but the current variance the current code

does not allow for a variance for that reason is the issue. Um I think planning is working on some other things to help these question the special questions with right now. We don't have those questions in in the code. That's our problem.

Okay. And and this takes time, Tim, and you know that as well as anyone being in politics. But um and I I I fully feel their pain. But if we start going outside of our area, then we open ourselves up for, you know, the county up for lawsuits and everything else. So if we stick to the direction that were given by the by the boards an example the RS1 zoning there's a list of special exemptions that you can have duplexes different different type businesses in RS1 but those are things are listed out that we can vary in the A1 there is no special exemptions for anything that that give us the authority to make a variance.

So every everything in A1 is going to be turned down until they fix the problem in the situation like it's possible. I don't know without hearing it or without hearing, you know, maybe there's a justification for it. There sometimes there is, but there's just not a lot of leeway with the developments like this. And that's what we're meeting on the 26 to start working on Tuesday. Okay. Next Tuesday. And I mean we're it takes time and I hate to say that. Everything takes time. I understand. Well, thank you for your time. Thank you. We're done.

Okay. We have a motion on the floor. Anyone else like to speak on this? We have a motion on the floor made by Tim to pass the to okay this and it's second by Kendall. We'll proceed to vote. All in favor say I. All those opposed say I. I. It fails. And we need a uh we need another motion for this because to accept the failing vote. Tim makes the motion. I make the motion we accept the failing vote.

Tim made the motion to accept the failing vote. Do I have a second? All second. Anna seconds. Motion been made and accept and seconded by Anna to disapprove the Ragtol Road Smotherman property. All in favor say I. I. All opposed. It fails. Thank you. Moving on to the next item of agenda. Variance request 5acre minimum in A1 Asbury Road Thomas.

And what's your name? Please state. Jerry Thomasson. Jerry. Sherry. Jerry. Jerry. Okay.

Okay. I bought four and a half acres out on Asbury Road. Okay. I had a house in town and I bought it uh last year, February is when I closed on it. I bought it with the intent it has February of 24. Okay. Uh, I bought it. It has a two-bedroom house on it now with twocar garage. And, uh, I bought it with intent for my son here cuz I'm 71

and I've had some serious health issues, uh, to him to move out there and he's going to move on the back part of the land and and kind of take care of me. And then when I die, I leave it to him, you know. We've run into some trouble. Um, I didn't know. I thought when you move in the country, you can do what you kind of want to long long as you do right. Okay. So, we was told you got to get it surveyed for him to get his part. Uh, two acres back there. And, um, so then we was told, we couldn't get a surveyor. It took forever. Then we was told, well, you got to get a septic tank permit.

Well, we did. We called the state and Allan come out there, which took months and months, months, and he passed it everything. So then, um, he run up on a trailer that was a real good deal. Real good deal. So, yeah, we went ahead and bought it, brought it out there, put it on the back side of the property where he's going to build this house later on. Yeah. And so here comes codes again. Well, what are you doing with that trailer back there? And I said, "Well, we just bought it until we can, you know, get things right." Yeah.

U get it surveyed, get the permits, get everything going, the water tab, electric pole put in here. And u So he said, "Well, no, you can't have that." We had an RV. He had an RV when he So he said, "You got to get rid of that." Well, he sold his RV to get rid of that. So then he said, "Well, you got to get that trailer off here." And we we can't get rid of it. I mean, we just bought it for him to live in. Well, but you didn't get a permit. Well, I didn't know you had to have a permit, not to move a trailer. I knew you did to build something. Mhm. And uh so that's where we're at right now. Okay.

And and we're just wanting to get it cleared. So really in the back part of the land, it's a little bit over four acres is where he's going to build his house. Right now he's saying with me cuz they moved he he moved everything out of the trailer. It's not like he was living there. He was up there fixing up stuff and he had the bed and everything to get it out of my house. And uh so we moved everything out of it to be right. And uh so now we're we're wanting to get a permit for the trailer to stay there and uh and and get home with this so we can get surveyed the permits and the tab and all that.

Yes, ma'am. And this is your son, correct? Yeah, Chris. Okay. Good to meet you. And those chicken houses to the left of the corner over there, they're inactive right now, aren't they? The guy raised calves or something in it. Yeah. And then they built some new homes across the road over there on the corner of Warren and stuff. I'm on buses and stuff, so further down. Okay. But you'll be back here in the back. Yeah. Right in here. Sorry. Okay. Right there where the hand is. That's That's where we was talking about. That's the Are you the only child?

You're the only child. Right underneath that 27. That's where the RV was parked. Okay. They got rid of it. So, we plan on running the driveway on my other side of the house. Yeah. Through there. Yeah. Mhm. Have a flag lot. How How wide is your lot or your farm there? It's 175 ft. I think it is. And close the width. Will you be able to have 50 foot setbacks? Because that will be you'll have turn it long ways. You'll have to turn it long ways. Yes. I mean,

because you're supposed to be 50 foot from each property line. Yeah. Okay. Original house was built was on the property line. It's kind of what it is. The neighbor, he's tick to death to have us out there. We help each other and got to be real good friends.

Any other any other questions? A motion to approve. I'll second it. Motion been made by admire to take care of your mama. Yeah. Yes. Mine lives across the road now. I admire you. you know, since I moved out there this J uh June the 3, I failed. They found me in the floor and I had a stroke, you know, and just keeps adding on, you know, so I was hoping this would pass. And in comments, this this lot was bought before the mortorium. Yep. It's a family hardship, right? Yes. So, I think that fits with our spirit and intent of what we're doing. Okay.

Motion's been made and seconded. Any other questions? We'll ask the public Would anybody else like to speak on this? Okay, seeing none, um motion to approve 3554 Asbury Road. All in favor say I. I. All opposed. you'll if you'll check with the office here probably next couple of days, they'll uh be able to get you permits and stuff. Now, the trailer that's there now, do we need to go ahead and get a permit for that?

You'll have to check with them, but I'm pretty sure you you what it is, you have permission to put your second residence on your lot. All right. That'll give you permission to proceed on. That'll be able So you can get those permits this time. I would if you're gonna I'd wait till you get a TAC permit though because you know they're going to decide where your septic tank goes and then I would Yeah. Yeah. Thank you. Last item on agenda and variance request 5acre minimum 2937 Rock Road Jones. Do we have anyone here to present for that? Okay. Thank you.

Uh I'm Jake Hall. We uh plan on buying the lot there, the 233. It's 5 acres. It's family property. Um it's all family property to the left of that. And my sister owns the property to the right of the 2303 where the variance would be taken out of. Uh So your family owns they own all that right there. That's their farmer operation there. Yeah.

The uh lot 2303 doesn't it doesn't perk. We had a perk test done about four years ago. Um there's a section there's a drain field section in the very back of I think it's 2301 maybe where we're applying for the variance there. Um, and that's what the 1 acre variance would be for would be for a septic drain field. And that's your sister. That is my sister. My sister and her husband. And then the whole family farm is to the left of the lot you're buying. Yes. That was my grandparents. That was all my grandparents property at one point in time. My father's bought all that now. He owns all three of those lots there. Who was your father?

Joseph Hall. Jody Hall. Okay. Okay. My sister and her husband built a house out in Normandy and he plans on buying their property with the house there also. So So scroll back over. So you're you're asking for the lot here. Yes. It would be in the very back. It would be completely landlocked. So you're buying that. You're wanting to build the back of that lot with the septic on it. Yes. for building safety. Yes, sir. Okay, I'll turn my paper. It'll clarify everything, I think.

And it is landlock even if you can't get a road back there, too. So, what you're buying is a landlock piece of property that your purpose is to use it for the septic field lines. Yes, sir. And then it So, there's no road that can be put back there to it. So, you can't flop it off and sell it. So, you're using it for personal use. That is correct. That's good. And that's that's one of the things that we can to me we can do because there's no way you can turn it into a lot to sell it. I would he's going to use it for purpose to make his lot home. Really just realigning the property to where he can find a place to put a safety tank.

Make a motion to approve. Hannah made the motion to approve. Second. Kendall seconded further discussion. Do we have anyone here like to speak on this matter? Okay, seeing none. We'll mo we'll proceed to vote. Any any further discussion? I forgot to ask that. We'll proceed to vote. All in favor say I. I. All opposed. It passes. Thank you. Do you have children out there? We don't have any children right now. Okay. Well, I'm in the bus business, so we He's looking for coffee. Well, East Coffee, East Coffee is a good schooling right now recruiting kids.

East Well, it's just a great place to live raise kids out. It is. It is. And it's neat growing up on the family farm. That's a That's a wonderful thing to grow back to come back and live on where your mom and dad and everybody lived. Your grandpa owned it. Grandmother owned the house to the left of that property. That's really cool. Well, congratulations. Yes, sir. Thank you. Do your best. Keep it alive. We're going to uh moving on. Any other recruiting babies now? I know it.

Any other business? I have one thing other than uh since we're here and this has nothing to do with uh Coffee County, but I've been watching the uh live news on where the Texas floods have come in through the u on the 4th of July. And the reason, my personal opinion, and this is my opinion only, the reason that a lot of people are not here today was because their codes were not followed or they got around codes because there was a lot of um houses built in flood planes and um issues were addressed. Yes.

And um all children's camps were built Yeah. It's my goal to keep Coffee County out of the news. And if we are doing that, then we're achieving some kind of an agenda. Yes. And uh if uh and I'll say this, there have been a couple more counties and I can't remember, but it's been on the the Nashville news that are slowing trying to figure out slowing things down to try to figure out how to manage their exponential growth. Yes. around counties that surround Davidson County. And uh well, um

you know, a lot of people say, "Well, this don't affect anybody. The growth don't affect anybody." Well, it does because the people that have lived here, I can't move equipment at certain times a day. People can't walk on the roads certain times a day. And you know, yeah, it does affect it affects a lot of the taxpayers that have been here for years and made Coffee County what it is. So, u I guess we'll see each other in a month because there'll be some more. Oh, I'm sure there will be. But, um if anybody wants to make the planning commission meeting the 26, I will try my best to be there. It's at 4. It's at 4:00, correct? Mhm. 4:00. All right. I'll still be on the bus. I'll be there.

Well, you can come in later. Okay. If it's not 100 degrees and I'm Yeah. Thank y'all for showing up. And do I hear a motion to adjurnn? So moved. So moved. Second. Meeting adjourned. All right.