Planning Commission - Regular Meeting

Tuesday, October 7, 2025

About this meeting

Government Body
Planning Commission
Meeting Type
Planning Commission
Location
McMinnville, TN
Meeting Date
October 7, 2025

Transcript

69 sections (from 204 segments)

9:18 – 10:03•Speaker 1

Sometimes I don't like to have my earphones and listen to podcasts and stuff, but sometimes skip or Yeah. Sometimes I like not having anything upgrade because that's when you get listening. I wouldn't drink on Sunday. That's what I was telling. I mean, we're ready or at least in the first to the business class and I just [Music] walked down the bridge and I was on the back side of Westwood. You were kidding. No, it's fine. Oh,

10:01 – 10:46•Speaker 1

okay. Good morning. This time we would like to welcome everyone to the board of zoning and appeals meeting. The first item of business will be uh the minutes of the August 5th. Are there any additions or corrections to those minutes? If not, we entertain a motion to approve as written. So it dismissed with reading. Have a motion. Do we have a second? Second. Okay. All in favor say I. Motion carries. Okay. We'll move right into our next uh item and this is property located at the corner of the college in Don. It's for a special exception. Sean, you want to bring us up to date before we

10:44 – 10:57•Speaker 1

Yeah. So, there are questions for a special exception for a multi-use building um on that property. And so, the applicant is here to answer any questions you have on that proposal as well.

10:55 – 12:54•Speaker 1

Okay. Mr. Smith, you want to come forward and uh tell us a little bit about this. Okay, let us here to speak about the Okay, so uh just a a quick overview. What we're looking to do on this property is to put in a two-story building. Um the height will be somewhere between 28 and 30 approximately. Uh the ground floor will be two commercial pods that will allow for um commercial space. Above that will be two condos. Um the condos just will be around 1300 ft², threebedroom, two bath. It will include an elevator. It will include uh a balcony on the front for the residents who buy it. And we're um kicking around the numbers right now to see if an observation deck on the back part of the building overlooking back towards uh downtown will be peaceful. So on the ground floor, we're looking to either solicit office or retail space. Um we have an interested party who would like to bring in a bookstore/copy shop and a slash art gallery possibly occupy about 1100,200 ft² of the space down below. And then the other side will be open for other office or retail um whoever we can advertise and uh secure. Um, we're not looking at doing anything, um, in the venture of, well, let's just say it, uh, we're not going to do a vape shop. Um, you know, we've got like what, 16 of those already. Um, don't really feel like it fits the area. Um, there's a place for everything. Um, this area where we are predominantly office area. Um, we've got Dr. Knoblin who's two doors down from us. We've got, uh, Mr. Bryant, Mrs. Bryant on the corner lot there where he

12:52 – 13:37•Speaker 1

used to practice law. Jason Crips has done a really good job fixing up uh and restoring Sharp's place. So, we want to do something that ties into the area and uh that pretty much is either going to be office or retail space, but um so that's kind of a general overview of the project. We um we think there is going to be a demand for more condos as uh individuals in the area start to downsize, retire, whatnot. And I think we can start off with two and see how that works for uh the community. But this will definitely be a development that uh the people, the residents on the street, the people of the city will uh be proud of. Okay. Any board members have any questions?

13:35 – 14:10•Speaker 1

Uh what is the square footage of that lot? How big is that lot over there? Um I think it's what uh 75 8,000 ft a little bigger somewhere in there. Yeah. And so is there enough room for if you've got I assume a couple vehicles for each almost two acres. No, it's not.3. It's Is there enough room for parking for everybody or is it going to be like that coming directly onto the street or any of that? No. Uh there'll be there'll be plenty of parking. We've uh

14:08 – 15:15•Speaker 1

The second part of this request is to ask for a variance. We're looking to have a minimum of 28 ft on the back of the lot and then about 22 on the front, which is going to be the reason we asked for a variance on the front part of this. But there's enough room in the back to allow for parking spaces um for the residents who are going to be uh purchasing the property on College Street and on um Donell Street. We'll have 22 and 30 feet and that'll be plenty of of room for parking along the side for the commercial parking. the uh the building. The reason why we're asking for a larger variance on the back side of the building is that we can go we can funnel the uh owners of the building into the back part of the building for one security but also for traffic control. We're going to make a through uh drive that will actually come out onto Donell Street. And so you come in on college, you park, you go in, ride the elevator up, go in your unit. When you leave, you go out on Donell Street. But all the commercial parking will be on the uh I'll be on the perimeter

15:15 – 15:43•Speaker 1

and they will of course there will be a site plan with your and and we've met on site and and discuss the parking and all that and make sure and then once we get um application for the building we're confirmed that the parking will be we'll be satisfied with that as well until we get that exact dimensions and all that it's sure. So which way is this building facing? Is it facing going to be facing Donell Street. Yep.

15:41 – 16:25•Speaker 1

And we've looked at it multiple ways. Looked at it facing College Street. We looked at it facing Donell Street. We actually looked at putting it uh diagonal facing the corner. And facing Donnell Street is gives us the most uh width for the building, but also the depth uh for making nice rectangular um units. Each unit will be 36 by 36. So, we'll have a total of about right at 4,900 square f feet uh including top and bottom around 2600 ft down below. I guess my my question is what's the reason for the variance request? Well, we'll be we'll get into that in the next section.

16:22 – 16:51•Speaker 1

That's the next phase. It's this we need to get through the special exception and then get into the variance. But I have an answer to your question. Okay. This is a use that is permitted on appeal on appeal on special session for section 145053g.

16:51 – 18:02•Speaker 1

Well, and let me also add to this is a great corner. I know it's not, you know, it doesn't have as much room as what we would like to have, but as Jody knows, I'm uh notorious for trying to put a square peg in a round hole. Um I've done it four times already and uh it worked. Um it looks good and um you know, it's something that uh most people are proud of. Some people don't like it, but I think that's pretty much just normal. Um I would like to have a big bigger lot, but we just don't have that. Uh there's not a whole lot of uh space like this. This I cons I would consider this prime property because you're smack dab on the corner. You've got visibility off of Chancery Street. You got good visibility there on Donell Street. College Street is a popular street. But the thing about the residential is that when I was down at Autumn Street Fair this past week, I was sitting on the other side of the courthouse waiting for my daughter to be dropped off and I looked down, I can see the lot. So you can walk directly up town. You're right there on the square. I think facing Don Hail will be a a big plus for it because you got so much more frontage and probably fit the area better.

17:59 – 18:38•Speaker 1

Yeah, it's 117 ft on frontage off of Donell Street and 86 ft um coming up on College Street. So, sounds like a lot of room, but it's not. So, if I understood right, you got you're going to set it back. It's you're you're going to be on the front. You're going to be 25T. Is that what you said? From the road, the front. Well, we'd like to have 20 ft, but we can make 22 work with the parking on the back. So then you'd be asking for 8 foot of Is that right? Yeah, we'll get like I said again through the special exception. We're going to get into that next. Sorry, they tie in. But

18:36 – 19:12•Speaker 1

if this if this if it's not approved here, then that's relative. It wouldn't matter. [Music] This is just over. This request is for the special exception that he could build it. The next phase of this will be all the setbacks. You know, at that point, we can get in and discuss all I was just looking. I mean, it it it would fit on the lot and meet the setbacks if it was moved back. Correct. or no it could be like I said

19:10 – 19:38•Speaker 1

I think these folks are here for for this matter. So [Music] any more quick we're going to open this up for the audience to comment. Do we have any more any more questions? Okay. At this time, if you would like to comment for or against this, uh, come forward, state your name, uh, where you live, and, uh, tell us a little bit about it.

19:38 – 21:37•Speaker 1

Thank you for letting me come up and speak. My name is Betsy Bryant and I'm the owner of 116 and 118 College Street, which is right across the street from the property that we're discussing. And I'm here to voice opposition to the multi-unit retail portion of this. Um, particularly the retail portion. And my reasons being that this little is a little side street. It's it's very busy, not only with the residents that live there, but the two law offices that are there. Um, it's used as a cutth through also for people going from like to the church and then over to the high school and to avoid the traffic light on Morford Street. Not to mention hives. So, we have traffic there almost every day. Um, secondly, it's the parking. I think that is probably one of the largest issues and there's just not any parking. I mean Dan's office, he the Baptist church has graciously for years let us park in their parking girl, you know, their parking spaces over there because there's very very limited parking on this street. So any type of retail in my opinion it would have to park on the street which is going to decrease the visibility of pedestrians that are walking uh decrease the vis visibility of the vehicles that are going through there if they're turning on to Donnell then you know it's going to cause a problem. So those are my reasons for opposing this. I'm not for opposing change and I'm not really not opposing um a condo situation. It's mostly the retail portion. Um I just don't see a retail on that corner. Um and plus the extra traffic and parking that that would bring to the corner. So um thank

21:35 – 22:09•Speaker 1

you for letting me have the opportunity. Thank you for being here. Anyone else want to comment on this? For or against? this is your time to speak. [Music] Is this a just to just to kind of clarify with everyone? Is this kind of the thought of the the general consensus of the other people over here is that this is this is something that is hard parking wise, traffic's the issue over on that street.

22:05 – 22:58•Speaker 1

I think parking is is a big issue. Yes. See that would be addressed in the next phase of this. Um if if this part was to be approved then we get into the next phase and it if that was to be approved he will have to submit a site plan with parking or else he wouldn't get a permit. So the parking is not really he can't park on the street. It's got to be contained. He'd have to come up with a design that uh it would be self-contained just like you have parking at at your law office. He will have to show parking, adequate parking for his tenants and uh customers and whatever. Um

22:55 – 23:34•Speaker 1

I don't think he's proposing a large retail uh on that part. We've been over there looking at the property for a couple weeks now and people park on the street as it is. I mean, they're not in the driveways are parking on the streets and sometimes it gets down to maybe 10 12 feet in between through traffic because you've got some people parked at um where John Shields house is on the street. You got people parked across the street. The person who lives right behind I think who rents they parked on the street. Um you know you know I know title access title is always on the street.

23:33 – 24:15•Speaker 1

Oh well yeah access title they were there always on the street and um you know their house. I mean, I know this is not relevant, but it is relevant in a sense that that house is was built back before codes were established and setbacks were established and it's only 18 ft off the road. So, uh they do have power king on the side, but that's too um that corner will be 30 foot setback which meets the uh zoning setback. So, our our customers won't be parking on the street, they'll be parking in parking spaces. Is this part of the his is this historic district? No. No. No. This is outside of the 820.

24:12 – 24:56•Speaker 1

Um are this are any of the surrounding properties um uh multi-use buildings? Yes. Most of them are R2, R5. you got. But but do they have like mixed use where you where are is there existing um buildings like this where you've got commercial on the ground floor and uh residential on top? No, no, not not in that area at this time. But it in our five Yeah. The requirement is permitted. There's a mixture of commercial and residential use in the area, but not necessarily an accommodation of in the same

24:54•Speaker 1

if if he wasn't asking for a setback. Would he even have to do anything to get this special exception? Yeah, this under R5 this

25:04 – 25:40•Speaker 1

I understand. I was just making sure. So, I've heard from other residents that couldn't be here today, candidly, that were against this for the same reasons that Miss Brian stated, just the the traffic, and you kind of alluded to it, if it's already very busy over there, uh I think the the other residents are worried that this will just become kind of a problem that already kind of exists uh for this situation. Just out of curiosity, the folks that you heard from, you want to tell me who I don't care, but are they homeowners and property owners or are they renters? Homeowners.

25:41 – 26:40•Speaker 1

I think that's the fear. And I guess that's what that's the purpose of making this go through. The special exemption is for the area, right, to be able to do this. My fear is that it does compound a problem that is already it's already an issue on that street. Um, and in R5, it can be residential still. It could be a two, 1300 foot duplexes or condos, I guess, is the way to say it. Um, but the mix is the issue and there's no control as soon as it's allowed to be uh commercial use on the bottom floor, then there's no after it's passed through this, there's no control over what commercial uses can go in there. There is some limitations on that on what commercial can uses can go in there because R5 is is a mixture of commercial uses and residential. So it's not like a standard C1 or C2 zone district with a lot more uses or you have some limitations.

26:37 – 27:22•Speaker 1

So they are quite a bit of those uses can go in there. So did like for instance uh the Bryants did y did they have to get an exception whenever y'all put the law office in or no? got a exception for was R1 for R2. Okay. For the uh for the office I think 118 is that's the office 116 is still still R1. Well, and so so certain commercial uses can happen without a special exception. The multi-use building, um apartments, those type of things fall into that special exception program. So like the law office wouldn't necessarily

27:19 – 29:17•Speaker 1

reset part like you say once that's approved then I'm not saying there might be a bank shop or anything else but once that's approved then it's anything can happen. Well, unfortunately, the needs of the city are I mean, residential is fine, but you know, we've seen what's happened to the blue building project and so residential right now is not in demand. There is demand for retail. I mean, how many how many u clothing stores we have now? I mean, what 12, 14 limits. I mean, there is demand for commercial. Unfortunately, there's not a whole lot of commercial that's available without a major uh cost and then you have to worry about running into rents per square foot and trying to track somebody who will pay the rent per square foot in the area that won't support it. So, and uh you know let's let's just let's just let's talk about retail. Let's talk about office. What if we put an office there? Would there be an objection? I'm just saying, you know, you know, residential is fine, but residential is majorly depressed in this in this town and in this county right now, and commercial is in demand. So, right now, we have a lot that is a really nice lot, and it's useless. And so, what we're trying to do is we're trying to put something in that everybody's going to be be proud of and give people an opportunity to lease space to bring more commercial to this town, for the tourist, and for the residents. So when I talk about parking, we talk about parking. That's fine. You know, we'll hit our setbacks on the side 30 ft. You won't even see the cars as you're coming down the street. They will be hanging out in the road. But I think we ought to give this a fair shake because we don't have a lot of commercial space. Those of you who have commercial space, that's great. That's just my That's just my opinion.

29:17 – 29:30•Speaker 1

Do we have any more questions or comments? Sean, you want to comment any more on this? Can you clear up any

29:27 – 30:41•Speaker 1

with the criteria under 14505.3G? Um, off street parking requirements are met. I said a base review. It appears that those will be met. We'll confirm that at site plan. If they aren't met as site plan, he's not going to be able to proceed forward with the building unless changes are made to meet those. Uh, the other requirements is the minimum square footage for the units. That'll be met. Um, all municipal building and fire code shall be here too. That'll be confirmed at the time of the building application. And the last one under that is all new residential construction shall meet minimum lot area with and yard requirements. The R3 highdensity residential, that one does not apply because this isn't going to be solely just apartment units or anything of that. And then section 147082D governing special sections is designed, located and proposed to be operated so that the public safe public health safety and welfare will be protected. It will not adversely affect other property in the area. It is within provisions of uses permit nonpel and it conforms to all the provisions of the zoning code for which is to be located. So that that's the criteria that you guys would be reviewing against and and for meeting that.

30:38 – 30:56•Speaker 1

Okay. Thank you, Sean. Okay, we need a motion on this to approve it or not for special except this is not concerning parking for anything of that nature. It is more question. Sure.

30:52 – 31:39•Speaker 1

Um, can we get a list of those commercial um allowed uses if this were a a multi-use building? Can we see what actually would be allowed as commercial use in that? Because I think that that if I'm not mistaken, I think that that's also a concern. Um is, you know, if it's if it's going to be office space, then I think that's that's one thing. Um, but I think what what I'm hearing is that to, you know, and and, uh, Philip is the one who said it, if it's going to be a vape shop, that's something else.

31:37 – 32:21•Speaker 1

Okay. So, right here are the permitted uses. So you have single family dwelling, two two family tax dwellings, um a splitting mobile home, accessory apartments and single family limited retail businesses such as dress shop, floors, gift shops, stationary stores, antique shops, arts and craft supplies and beauty and barber shops, uh bed and breakfast establishments and t- rooms, professional offices for doctors, lawyers, architects, accountants, engineers, insurance agent, real estate agents, surveyors, and the like. That's it. television or radio antennas, but that's when it's if it was tied to radio thing and getting and all that. So, those are the the retail uses and commercial uses that would be permitted in that zone district. Okay.

32:22 – 32:43•Speaker 1

So, that could include like a I mean, I'm just throwing it out because I don't know and I'm just asking a question, but we can't we can't come forward. We we can't hear you. We have to report on. was asking a question on like retail. I mean, could would that be like a payday loan place? Could that fall into that category that you're speaking of?

32:42 – 33:21•Speaker 1

No. So, so if you're reading that the limits of rebuild uses such as dress shops and that type of stuff, that doesn't fall within that that perimeter of uses such as and so a payday loan place or anything that would not would not fall into that. Sean, what recourse would adjacent property owners have if a proposed uh you know retail space were were to be moving in there that to that this adjacent property owners didn't think uh conformed to this uh code of permitted uses. What recourse would they have?

33:20 – 34:05•Speaker 1

They could come up talk to us and then we could go from there. we can go through it again. If this doesn't fall into this, the retail's not going there. Um, okay. It'll be that's pretty clearcut and dry. And so on that um they could also come back to the sporting pill. There there's there's different methodologies to make sure that but again if it's not within that 145022C or 145052E any uses outside of that would not be permitted in that space. And to do anything different, it would have to get another special exception basically to be able to So it is protected from future change. That's it. The the limit on the uses for the the commercial aspect are just those two. That's it.

34:04•Speaker 1

Well, three if you want to do the bed and breakfast or tea room, but that that would be the only uses that would be permitted.

34:14 – 34:31•Speaker 1

Family attached. Do you have any more questions? Anyone? this board I can't this board cannot approve any use variance to allow for uses that's not permitted in that zone district. So, okay.

34:34 – 35:49•Speaker 1

Okay. We have a request. Do we have a motion? What's the feeling of the board? I think part of the commercial part will be controlled because there won't be a lot of parking. You're not going to get a commercial uh tenant in there that requires a lot. I see, you know, to me more like an insurance agent or attorney or something like this. Possibly maybe an art studio or something of that nature that doesn't require a lot of parking.

35:47 – 36:02•Speaker 1

So Jerry, can I say something? Yep. Come forward and come here. Correct me if I'm wrong. Permitted uses bed and breakfast. I don't have to come up here and get a special exception. Is that correct to do bed and breakfast? No.

36:01 – 36:48•Speaker 1

Okay. So, I could put a bed and breakfast up there, I can put parking all around it, but I don't think a bed and breakfast is what the middle needs, but I'm just stating the fact if we're concerned about what's going to go in there, Mrs. Bryant brought up, you know, payday loan, that's predatory lending. We're not going to put that up there. And it doesn't go with the area. I mean, let's get let's get real. But I could do a bed and breakfast. I can park cars all in that area. Right. Right. Okay. Well, that's fine. We just put a bread and breakfast up there and we'll just park cars in there and then we'll have the same problem with that with the traffic and the cutthroughs and everything that we have with something that could be a lot more special. It will do a lot better for the city. That's all I got to say.

36:45 – 37:32•Speaker 1

Thank you. This is a good lot. It needs to be used for something. So, those are those are the permitted uses. What to what we're voting on is multiple uses in one building. Go ahead. condos above which you can build on Main Street. [Music]

37:32 – 38:00•Speaker 1

Yeah, I was a little confused, too. So, they can still do any of these. That's permitted. But he just can't have I mean, but he couldn't have a mixtures, right? Correct. So, it's not like I mean, the only thing that we're doing is living space, right? Yeah. Gotcha. where he can do that and then we'll move on to the park and if depends on on the motion here I guess

37:59 – 38:44•Speaker 1

depending on how you want to look at it it it's it's that that multi-use the apartments up above so it's approving the two uses combined because single family detach and two family attached dwellings so that'd be a duplex so the units up up top are an approved use in and then by themselves and then the the limits retail down below O would be approved by site, but the the combination of the two requires a special exception. [Music] And so is the idea behind this just to maximize the the the revenue stream from the property? No, the the multi-use has nothing to do with the revenue stream because condos be sold off.

38:40 – 40:39•Speaker 1

Okay. And so we're providing folks that want to buy a condo, live in downtown, listen Main Street live from the rooftop, enjoy downtown living. We're going to provide that. The retail, it will be self-sufficient. We're not here to ask for maximum usage in order to, you know, get the amount of rent or whatever we need to fund the note. Um, if we do it right, we probably won't have a note on the commercial. What we're trying to do is we're trying to take a a property. We're trying to maximize the use not only for residential because we can hit a niche market instead of trying to build for for the mainstream, but we can also provide commercial, which we really need in this town. Because what I hear from mo most people I've talked to is well, we've got housing. We have nothing for people to do in town. They walk the waterways. They they walk the trails. They do all that kind of stuff, but we need more. We need more of things for people to do. People talk about me wanting a sandwich shop people and I don't even know if that's permitted there but I'm just throwing this out there to you. So I also talked to Todd Noble yesterday because he was kind of on the fence about it and when I explained the project to him he was very you know very you know for the project. He thanked me for calling him. He said he thinks it'll tie in great and he he thinks it looks really it would look really good. So we're not trying to maximize money. That's not an issue. The issue is that we don't have any places to build anymore unless you tear something down. Now, we did look at another piece of property that would require us to tear down a perfectly good building to do what we wanted to, but the building wasn't set up and wasn't engineered what we needed. What we needed was something that was already, you know, vacant. This I mean, if y'all can point out another lot that we could get for a fair price and uh not have to tear anything down, I'm all ears. But this is a good spot. And right now you got grass in there. It's doing nothing. So I understand the traffic. I

40:37 – 41:21•Speaker 1

understand all this. This town's going to I mean this is off this topic. This town's going to have a major traffic problem when Joel puts all those people in the condos and when Raven rents these units because traffic if you come through on a school day up off of Chancery Street, you're sitting there. If you don't get there before 7:00, you're sitting down the road by no aluminum. It's busiest intersection in the world. And I love it because I'm in the building on the corner. Everybody sees it. So just it's an unusual request, but it maximizes the space. It maximizes the possibilities. Money is not an issue. Thank you, Phil. [Music]

41:18•Speaker 1

Okay, come forward.

41:21 – 42:32•Speaker 1

Well, I guess my biggest concern is um the retail portion of this. Uh once again I understand you know um wanting to put something in college and Donnell is not really a retail area. It's mostly residential um church dentist office that kind of thing. Um and I think on North Chancery there's there's areas that are much more um presentable for the type of retail that he is speaking of that where parking would be available and would fit in that area more more likely. um a condo I think or whatever you want to call it on that property might be totally u fit in with the with the area and parking would not be a problem at that point. It would just be it would fit in with the residential part and um just the beauty of an old street. Um so um I just hope that we can keep that street. It's not historical, but it is historical in a way. So, thank you.

42:32 – 43:31•Speaker 1

Yes, ma'am. I think too that there's nothing he can you can do retail without this. There's nothing we could do if we wanted to to stop retail from happening down there. I think it's kind of where this comes back to, it's the two apartments above it or two condos above it. Um, we can do absolutely nothing. Uh, if uh you want to put retail, there's we couldn't stop it. Um, I think what what kind of this comes down to is does the mixeduse uh improve the area or is it going to detract from the street? Is it kind of Can I respond? I don't mean to interrupt you. Here's a rendering. We don't have it drawn up on architect yet, but we're in the process of getting it drawn up. The retail the commercial space will be below. The condos will be above. This is something that we're considering. Now, we're not dead set on this, but this is the kind of development we're looking at building. We're not looking at building something you'll see in Nashville that's got lights all over the place.

43:30 – 44:15•Speaker 1

You see it, Julie? Yes. I just This is This is going to tie in to this area. Okay. Number two, you know, I You know what? I'm just going to sit down. This is a great project we've got going on. I've done a lot in this city. I've cleaned up a lot of stuff. I've never made anything look bad. People complain and people complain. But the stuff that I've done, Sedbury, Sparta Street, Spring Street, Lance Street, it's all been good. It's all been well built and it's all provided places for people to live. So, you know, I'll I'll put my resume up against anybody at this point. Thank you.

44:12 – 45:14•Speaker 1

Thank you. I think that what um and just speaking for myself personally um on the board um we have to look at the approval criteria and what is laid out and um you know I lean pretty heavily on Sean's uh staff recommendations um from from his his staff report and from these uh general provisions that govern special exceptions and the uh the approval criteria for the 145053G. [Music] Um and and based on the permitted uses that are already in the R5 zoning, um I'm going to make a motion to approve. Okay, we have a motion.

45:12 – 45:49•Speaker 1

So, we're we're just approving the mixed use, right? Yes. Okay, we have a motion. Do we have a second? I'll second. Any more discussion? There being none, we call for the vote. All in favor say I. I. Okay. Motion carries. Okay. Now, we'll move into the next phase of this and this is for the setbacks. And Sean, I I guess won't you update us just a little bit on exactly what the request is and what it would entail?

45:50 – 47:21•Speaker 1

Okay. I know this folks will be able to see it, but so originally we we were looking at a setback variance from off of college and Donell. Um me and Philip both met this one bill be maintained off of college. So that'll meet to 30 ft that is required. He is requesting that be 22 23 ft off of Dawn nail. The reason for that is as he's talking earlier with the placement of it that allows access along the backside for that residential. And so that creates a driveway that creates helps with the traffic flow and anything in that area. that would improve it having that where the residential is kind of separated in the back from the parking or the traffic flow to the retail side on the bottom if that makes sense. So that that's what stimul request is to make that in there. So it's not really going to be it's not a variance that's going to be from this. The minimum is going to be exceeded on that sideyard setback or that rear yard setback. Um those will be exceeded. It's just shortening that front a little bit. to widen that then kind of counteract that widening that back to get in there. Um I've looked where the traffic sign is. If we keep within that 23 um foot range, then those that pull up to that stop sign at College on Donell should be able to have clear vision um for oncoming traffic coming down Donell Street.

47:21 – 48:04•Speaker 1

Okay. Is the 23 foot going to be is that going to be parking spots also or Yes. Okay. We're going to we're going to put the parking spots on a diagonal u on a diagonal basis and that way it allows for people to come in and out on Donell Street. We'll do the same thing on College Street. So, um it goes with the flow of the traffic instead of trying to go against the traffic. Also, as Sean was saying, that the residents will be able to go around the back and come out onto Donell Street and have access both ways to make, you know, easy make a right-hand turn, but also safe to make a left-hand turn. So, we kind of control the traffic of the residential.

48:10 – 48:52•Speaker 1

Okay. Um so is is the setback variance necessary because of the size and dimensions of the building? No, it is for the parking only in the back. The building would fit within the confines of the variance 30t in front 20 in the back. But we're asking for a reallocation from the front yard and the backyard to allow for traffic for the residents and for them to be able to park uh easier without him. Probably employees would park in the rotor also possibly. Correct. Yeah. So,

48:50 – 49:02•Speaker 1

see that gives him a flow. He can do it without the variance, but it would interfere with his parking if I'm reading this right. His parking design. That's right.

49:01 – 50:31•Speaker 1

Which that would come in on the site plan before we get a permit anyway. Yeah, as far as placement in the building, it it could be without the variance. It's it's to increase and and help with that flow and the parking on the rear of it. So, if we give 23 feet on the front, parking space would be somewhere between 16 17, call it 18 ft. So, you're still going to have 5T between the building and the end of the parking space. A Toyota Camry is 16 ft long. So, they'll be able to get one to two feet off the road. We'll have plenty of uh space between the building. The building will be slab built. There will be no stairs. So, we'll have a sidewalk. The sidewalk that's there will continue. And then we'll have just a step into the uh into the commercial space. So, and on the side where I know we have funerals that come down through there, we got 30 feet. So on the side the cars will be there will not be any issue with funerals going through there because we're going to put the building 30 feet back. So again if we have five feet in between you'll have 25 ft of of parking or 25 ft length there for parking which going back to the Camry you've got 9 ft that'll just be excess there.

50:27 – 51:23•Speaker 1

Yeah that's a good design I think. Do we have any more questions? I just take a little bit of issue with the the criterion A because what I'm hearing is that the you know the the particular physical surrounding shape or topographic conditions of the specific property involved would result in a particular hardship upon the owner as distinguished from a mere inconvenience. uh if the strict application of the zoning resolution were carried out. So, I guess the the issue that I take with this is that it does kind of sound like it it's not a particular hardship. It it the parking situation it creates an inconvenience, not a particular hardship,

51:23•Speaker 1

right? And that's the it would create a hardship for the the folks that buy the condo because of the building.

51:28 – 52:23•Speaker 1

I mean, that would be a hardship to me. And honestly, it's a hardship. It's a space limitation. So I mean we can look at it however we want to. But the more you know we're not asking to for variance because we can't build what we need for cost effectiveness or financial you know financial solveny. We're talking about making more room on the back from the front to allow for traffic flow which was a big concern with the board earlier you know about 10 minutes ago about the traffic on that street. So to me it is a hardship that we're trying to overcome. And we're not trying to provide a hardship to those you sell it to. We're trying to provide ease of entry and ex and and exit for those who buy and for those who park and who work at the the commercial space. So again going back to the whole square peg around hole thing what we're doing. The hardship though that would be created by a multi-use

52:25 – 53:10•Speaker 1

that that part's not an issue now though is back to but that's do do you guys see where I'm coming from here? I think what what Evan's alluding to is that um is that one created by the the I got a question. So and that is that is the issue that I take with with this approach. It seems a little um seems a little squirly to me. So, how big's the parking spots downtown? Do you know that? Answer. I'd have to measure my don. I mean, we all don't drive cameras. I'm just saying. Hey, Joey. 9 ft by 18. They're 9 ft by 20. Okay. They're all different kind.

53:08 – 53:38•Speaker 1

Well, I think they're bigger than that. I marked them. I anticipate this question. Well, I don't know. My garage is 20 foot. My truck won't fit in it. You got a big truck though. You You don't fit out here very well. I'll watch you park. Yeah, I know. That's true. That's why I'm asking. Yeah. Not everybody drives canvas. Sure. Just a point. That's That's true.

53:36 – 55:36•Speaker 1

I think the design, the reason, if I'm reading this right, is to make the flow. He can do it and make it work. without this variance, but it would the development would be better for everyone in my opinion with the variance because you it would give a flow around the building. Your parking would be controlled better. The the residents are going to always be there. The front at night, there's probably not going to be any parking there anyway. Um, so it's a lot of ways you can look at it. Okay, m something add something. I just googled this. You know how phones are liner and it says US standard accessible spaces for handicapped uh 8 foot wide and 18 foot deep. So I think we're certainly and I'm a partner with Philip on this development and I wouldn't do nothing that would harm anything downtown. I'm all for condos. I have a partner who has done several condos over on the blue building. They're all for rent. I see and I have a demand people have a list of people who there is a demand for downtown condos. The D the condos on uh Main Street. The parking obviously is horrendous for those people. We have done everything I know to do to make this accessible for the commercial that we have a great uh opportunity for somebody who wants to be in the bottom floor as an art studio gallery feature southern um artist. I don't think the traffic flow is going to be astronomical there. They're they're looking at hopefully taking half of that down that space. The other two will be office spaces. but two condos

55:32 – 57:09•Speaker 1

upstairs. The hardship factor comes in as we all know when you have a minimum amount of space. You go to Murmurisburg, Nashville, I drive them all the time and show condos down there and they're within their guidelines, but it's mighty tight. So this is a hardship for those residents, but it also opens up and corrects the problem that is perceived about parking and traffic because with get moving the the structure a little bit one way and gaining on the backside helps the traffic flow for everybody on the street. So it is a hardship. It's not something we couldn't overcome, but it would be tough. It would make those residents upstairs think twice because of making the turn, but I wanted to give you the dimensions. Thank you. Anyone else want to comment on this? We want to give everyone ample time to [Music] the board have any more questions or comments? [Music] [Music] Sean, do you have any more

57:07•Speaker 1

clarification on this?

57:09 – 58:11•Speaker 1

As far as criteria, A is not where it's a big slope lot or anything of that nature, which is more typical. I don't know various requests like that. other in zombies with the roundness and then corner lots always kind of have a I said unique shapness but shapness for the area because of where they're fitting in that double set back on the front edge on that um uh to Emily's point and is just and for all of you it's just going through and looking at that criteria and does this does this beat the criteria the intent of that criteria and then doing it off of that with that setback again um the double frontage loss a lot of times that setback is further so you have that clear visibility for traffic flow through through there. Um, which would be maintained. I don't have any concern that that having that little bit of a variance on that setback would push the building's not going to be in the way. The parking of the cars would not be in the way that would block that that view. And so taking in the consent and having that better traffic flow um kind of makes more sense on that that setback.

58:10 – 58:37•Speaker 1

Yeah. So the overall intent of it and not not resulting in negative effects on it. [Music] I make a motion to approve the uh setback varian for the property. Okay, we have a motion. Do we have a second? [Music]

58:40 – 59:10•Speaker 1

I'll second it. Okay, we have a motion to second. Any more discussion on this? I would suggest getting a good survey on this before you do anything. Get your corners marked proper and then you won't be any question about the setbacks because it could be a problem since that is so crucial. [Music] Okay, we have a motion second. All in favor say I.

59:07 – 59:43•Speaker 1

I. All oppose. Motion carries. Okay. Now there will be a site plan on this. [Music] on to the BR. There will be a site plan on this. They might even tweak this just a little bit to make sure everything's

59:40 – 1:00:24•Speaker 1

it. The lawn is going to be used for something. And if if you've noticed Philip's work, he does excellent work on on what he does. I mean, you you can't question that. I wouldn't say that before the vote, but I do now. Um but anyway, do we have anything else come before the board of zoning? I'm going to be reaching out to everybody so we can get um here soon our annual training schedule so that we can meet the state requirements of that. So we're going to have to do four hours of training. Um I know it may be difficult for some of you or all of you. Would you prefer a single day trying to stuff that all in or split up couple twohour trainings or

1:00:23 – 1:00:44•Speaker 1

single day? Mhm. I'm not 100%. That will be easier to schedule than I have. Yeah. One day. Just one day. Yeah. Motion to adjurnn to get that. Okay. Anything else? I don't have anything. Motion to second about that on the first line. Motion carries. Okay. We are

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