Planning Commission - Regular Meeting

[Music] Happy birthday. [Music] [Music] Good evening and welcome to the October 2025 town of Smyrna Board of Zoning Appeals. Go ahead and call this meeting to order. First on the agenda, we'll call we'll start with our prayer and our pledge. If we'll please stand. start with our prayers.

Heavenly Father, thank you for the opportunity to serve our community, for bringing us all here safely. We ask that you give us wisdom, discernment, and the best judgment possible to make the best decision for our residents and for our town. In Jesus name we pray. Amen. Stand for pledge. 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 and justice for all. Thank you, Vanessa. Thank you, Scott. We almost fell out of Mr. Chair. Next on the agenda is citizen comments. Mitch, do we have any? Uh, none tonight. None tonight. Do I still need to read the thing with no comments? Yep,

you do. Okay. Under citizen comments, the town's public comment period shall be reserved for those citizens that have signed up to address a board or committee at least 24 hours in advance of the meeting. Pursuant to the town's public comment policy, speakers are limited to 3 minutes. Additional comments may be submitted in writing. And it sounds like we don't have any. So, we will move on to the next item on the agenda number three, which is the approval or correction of the minutes from June 17th. Yes, it's been 3 months almost for four months now since we've met. Um, do I have a motion? I'll make a motion to approve the minutes. We have a motion for approval. Do I have a second? A second. All in favor? I.

Any opposed?

Mean minutes are approved. Next on the agenda is new business. First on under new business, we have a special exception for Sharon Hayden of 605 General Barkstdale Drive. Mitch. Yeah, this is a special exception request to allow for an inhome occupation within the residence at 605 Journal Barksdale Drive. Property is uh just under 3/4 of an acre in size zone R1 which is single family lowdensity residential. The applicant wishes to operate a hair salon within the existing dwelling. The applicant would be able would be the sole employee with the intent to serve approximately five c five clients per service per day of service which would be on Wednesday and Thursday between the hours of 11:00 a.m. and 400 p.m. Section 7.060 B of the zoning ordinance detail requirements for authorizing special exceptions and they are detailed below. Section 7.060 of the municipal zoning ordinance lists general requirements for a zoning marriage request. Those requirements staff findings are as follows. Section 7.06 906 procedure for authorizing special exceptions. B general requirements. A conditional use permit shall be provided. The board finds that it is a so designed, located, and proposed to be operated so the public health, safety, and welfare will be protected. Staff finds that the proposed use of a hair salon business should not negatively affect the health, safety, and welfare of the public due to the size of the lot and proximity of the neighbor neighboring homes and location to Almondville Road. will not adversely affect other property in the area in which located. Staff finds that the proposed use may not adversely affect other property in the surrounding area as within provisions of special exceptions as set forth in the ordinance. Customary incidental home occupations are a permitted right within the municipal zoning ordinance within all residential districts. In the event questions arise regarding the legality of specific home occupations, the board of zoning appeals determines the legality conforms to all applicable provisions of the ordinance for which the district is to be located as well as

provisions cited in section 7.060 and 7.061 and is necessary for public convenience in the location plan. Staff finds that the site may be able to conform to all provisions of the municipal zoning ordinance as listed in criteria review section 7.060C. Criteria for review. Ingress and to the property. Access to the site would utilize existing driveway off of General Barksdale Drive. Off- street parking. Staff finds that the lot provides sufficient space for off- streetet parking as the applicant's property has an approximately 115 ft length driveway to accommodate for parking of clients. Refuse and service areas. Refuse collection will proceed in the same manner as currently. Utilities. This location does have access to all the necessary utilities. Uh number five, regarding screen is not applicable in this instance. Signs if any in proposed exterior lighting with reference to glare, traffic, safety, economic effect, and compatibility and harmony with properties in the district. Staff finds that the proposed business should fit compatibility with properties in the same district in reference above effects. Required yard and other open space. The staff finds that this yard has the necessary yard and open space for the business as all activity will be conducted within an existing dwelling. General compatibility with adjacent properties and other property in the district. Staff finds that the use may not be compatible with adjacent properties due to the other lots in the area not having a business operating out of the household previously approved by the board of zoning appeals. Number nine is not applicable in this case. And conclusion is staff finds that this lot does provide sufficient space for the operation of the applicant's business. If approved, staff would recommend making the following conditions. Uh number one, limiting the number of clients at the dwelling to one otherwise not having any overlap of clients. Uh number two, maximum of five clients per day of operation. And three, the number of employees shall be restricted to the

number of people living in the dwelling on site. Uh couple pictures here. So, uh, first picture looking at the driveway. You can see a relation to the vehicle, uh, as far as how long that driveway is to provide accommodations for all the off- streetet parking. And then here's an overhead view of the property. Gives you a better idea of the uh, driveway and size of the lot and proximity to Almanville Road. We did receive one call about this, more so an inquiry than anything else, and they just want to make sure that uh traffic flow and uh to and from this on General Barkstdale would be affected by the operation of it. Um but more so is just a general inquiry of what's going on. That's all I got.

Thank you, Mitch. Anyone here have questions or comments for Mitch, council, us? any um any special exceptions needs to be made for um ingress, ingress of people coming in and out of the house, safety issues, handrails, anything of that nature. Is that

I think it's blurring between code requirements when they get permits and uh here tonight where we mentioned already the off street parking is like the Ingres of the site. So, um, mixture of codes, but that would be safety stuff would be addressed when they get permits, their codes. Um, off streetet parking is your sign. Okay. Thank you. If nothing else, I will go ahead and close the board of zoning appeals meeting and open up a public hearing for anyone who would like to speak for or against this request. If so, please step to the podium. Not seeing any. We will close a public hearing and reopen the boarding of zoning appeals.

Um I do have just one other question where it mentions um within the provisions of special exceptions um in the event questions arise regarding the legality of specific home occupations. Obviously we know that it would it would be legal for her to do that. Does it matter to us whether or not she's already or they've already gotten the um um board to come out and do any type of inspections or anything? Do we need to know that beforehand or That's a completely separate matter. Um this is just one of their steps. Same thing with an HOA. If they come to you guys to make a request,

whether we say yes or not doesn't supersede the HOA and vice versa. So, uh, it's up to the applicant to make sure they do all the due diligence that's required on their end to make sure everything's operating as it should be. Okay. We're just giving their permission to do it and then she has to follow the rules to succeed. Okay. Just making sure. Any more comments, questions? Do I have a motion? I will make the motion to approve with the following conditions that we will limit the number of clients at the dwelling to one. no overlap of clients that the most they can have a maximum be five clients per day and the number of employees shall be restricted to just the people who are living in the dwelling on the site.

Okay. So I have a motion to approve with staff comments as read. I'll second and I have a second. All in favor? I. Any opposed? Motion is approved. Request approved. Next on the agenda under new business is a special special exception for Kenneth Fiverr of 219 Terrytown Drive.

This is a special exception to allow a detached accessory apartment at 219 Terrytown Drive. Property is just over a half acre in size and is zoned R1 lowdensity single family residential. The proposed accessory apartment would be 525 ft in size. In addition to that, there is also a 240 ft shed that is pre-existing in the rear yard. Uh, this new structure would serve as a housing for aging family members and aid in their caretaking. The structure would be located in the rear yard adjacent to the shed and would be required to meet all applicable setback requirements wherever located. Section 7.060b of the zoning ordinance detail requirements for authorizing special exceptions and they are detailed below. Special exception requirements. Section 7.06 of the municipal zoning ordinance lists general requirements for a zoning variance request. Those requirements and staff findings are as follows. Section 7.060 procedure for authorizing special exceptions. B general requirements. A conditional use permit shall be provided. The board finds that it is a so designed, located, and proposed to be operated so the public health, safety, and welfare will be protected. Staff finds that the proposed use of the detached accessory apartment should not negatively affect the health, safety, and welfare of the public, will not adversely affect other property in the area in which it is located. Staff finds that the proposed use may not adversely affect other property in the surrounding area. Is within provisions of special exceptions as set forth in this ordinance. Section 5.051.1C of the zoning ordinance list accessory apartments as a special exception within this zoning district. conforms to all applicable provisions of the ordinance for which the dis for the district in which it is to be located as well as provisions cited in section 7.060 and 7.061 and is necessary for the public convenience and location plan. Staff finds that this site may be able to conform to all provisions of the zoning

ordinances listed in criteria reviews section 7.060C. Criteria for reviewing to the property. Access to the site would utilize the existing driveway off of Terrytown Drive. Off- streetet parking staff finds that the lot provides sufficient space for off- streetet parking as the applicant's property has an approximately 115 ft length driveway to accommodate for all off- streetet parking. Refuse and service areas. Refuse collection would proceed in the same manner as currently. Utilities. This location does have access to all the applicable utilities. Number five, regarding screening is not applicable in this instance. Signs, if any, in proposed exterior lighting with reference to glare, traffic, safety, economic effect, and compatibility and harmony with properties in the district. Staff finds that the proposed accessory apartment should fit the compatibility with properties in the same district and reference the above effects. Required yard and other open space. Staff finds that this yard does have the necessary yard and open space for the additional building as they would not be exceeding the maximum allowed detached accessory square footage for their property. General compatibility with adjacent properties and other property in the district. Staff finds that the use may not be compatible with adjacent properties due to other lots in the area not having an accessory apartment. Other properties, however, have received prior BZA approval for other requests in the same subdivision. Number nine is not clickable in this case as well. In conclusion, staff finds that this lot provides sufficient space for the detached accessory apartment. Staff would recommend a couple conditions if approved. Uh number one, putting a condition on the request that the applicant be required to pay all applicable fees associated with an accessory dwelling unit. Uh including but not limited to the Rutherford County development tax, town of smart impact fees, code inspection fees, etc. Two, adding a condition that the building not be used for rental purposes. and three all applicable code and fire department requirements shall be met. Um this

picture is taken from the rear of the property uh looking towards the intersection. Uh this is the shed that was mentioned earlier. So um based on what you might have seen that the applicant submitted with their application. Uh this would be approximately a general location for the applicant would like to have this uh accessory dwelling unit located at if approved. So uh overhead image that same shed is right here. So somewhere probably in this vicinity is where that applicant would like for that structure to be located at. Um obviously would have to meet whatever setback requirements uh are applicable where it is located at. So that is all I have. Thank you Mitch. Any questions for Mitch or staff or comments? If not, I will close the board of zoning appeals meeting and open up a public hearing for anyone who would like to speak for or against this request. If so, please step to the podium and state your name and address. Not not seeing any. We will close the public hearing and reopen the board of zoning appeals. any concerns or questions from my right side? Uh, no concern. Um, similar question followup that I just asked, Mitch. So, I'm understanding when the applicant presents the final request for the permit is when safety issues, be it ramps, sidewalks, we're talking all of those issues are resolved. Yeah. So codes,

yeah, they will have to submit a building permit to the codes department. They'll go through the inspection process, several rounds of it for that matter. And that point is when all those safety concerns, make sure setbacks and all that stuff. They if they want to do something, they have to come back to us again for setback variance if it got to that point. It doesn't look like they would based on the size of the property, but no worse shape. But um yeah, so we're just giving the yes or no right now. Yep. Okay. Ben, if we were to approve, do we need to list all the uh fees or can we just do a blanket one? Do we need to read all the ones Mitch said?

You say you uh adopt it with staff recommendations would be sufficed by reference. Okay. Um, I'm going to make a motion to approve them based on staff comments with the following conditions that we put on this request that the applicant be required to pay all the applicable fees associated with the accessory dwelling unit that are adopted that Mitch drew up. Added a condition that the building not be used for rental purposes and all ethical code fire department requirements shall be met. I have a motion to approve with staff comments. Do I have a second? Second. I have a second for approval. All in favor of approval?

I. Any opposed? Request is approved. Next on agenda is staff comments and/or other business. I have nothing else here tonight. Okay, then we stand adjourned. Thank you. [Music] [Music]