Events Calendar

Board of Zoning and Appeals
Thursday, May 20, 2021, 09:00am
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The Wilson County Board of Zoning Appeals will meet Thursday, May 20, 2021 at 9:00 a.m.  in the County Commission Room at the Wilson County Courthouse, located at 228 East Main Street, Lebanon, Tennessee.

The following cases will be heard:

CASE 3892

REQUEST:  Jerry Vaught is seeking a variance from the size limit requirement for an accessory structure without a principal structure being located on the property.  The size limit requirement is three hundred (300) square feet due to the size of the property.  Applicant would like to build a fifteen hundred (1,500) square feet accessory structure.  Applicant is also needing a variance of approximately thirty thousand (30,000) square feet from the lot size requirement of forty thousand (40,000) square feet and a variance of twenty-five (25) feet from the lot width requirement of one hundred and twenty-five (125) feet.  The property located at 755 Ramsey Road, Lot 13, Northside is Group “A”, Parcel 7 on Wilson County Tax Map 16 “E”.  The property consists of approximately ten thousand (10,000) square feet and is zoned A-1 Agricultural.

ORDINANCE REFERENCE:  SECTION 3.90 ACCESSORY STRUCTURES IN

RESIDENTIAL AND/OR AGRICULTURAL ZONE DISTRICTS [resolution 07-7-5] –

The accessory structure being proposed does not exceed the following:  A-1 - 3% of total

lot area or 2,000 square feet, whichever is less.  ARTICLE 5 ZONING DISTRICTS – SECTION

5.20 AGRICULTURAL (A-1) - 5.20.05 AREA REGULATIONS - E. LOT WIDTH 5. Where dwellings are not served by a public sewer system there shall be a minimum lot width of one hundred twenty-five (125) feet at the front building line. [revised 07-7-4] - F. MINIMUM LOT AREA 3. For each dwelling and buildings accessory thereto, not served by a public sewer system but served by a public water system, there shall be a minimum lot area of forty thousand (40,000) square feet. 

CASE 3893

REQUEST:  K and A Land Surveying on behalf of Jerry Eatherly is seeking to establish a storage unit facility on A-1 Agricultural zoned property.  The property located on Sparta Pike; Gus Alexander Hicks Property is Parcel 50.01 on Wilson County Tax Map 105.  The property consists of 2.30 acres.  This property will be combined with property located on Sparta Pike, Lot 6, Hallum’s Property.  The property is Parcel 51 on Wilson County Tax Map 105, consisting of 6.64 acres and is zoned A-1 Agricultural.  On April 18, 2019, this property received approval for an eleven (11) unit storage facility with the stipulation that all commercial requirements would be met.  

ORDINANCE REFERENCE:  ARTICLE 5 ZONING DISTRICTS – SECTION

5.20 AGRICULTURAL (A-1) - 5.20.03 USES PERMISSIBLE ON APPEAL - (revised 12/15/2003 resolution 03-12-2) - 5.20.03.1           USES PERMISSIBLE ON APPEAL - DD. Other similar uses as reviewed and approved by the Board of Zoning Appeals.  5.20.04 USES PROHIBITED - D. Uses not specifically permitted or permissible on appeal.

CASE 3894

REQUEST:  Anna Mazzaferro is seeking a variance of twenty-seven (27) feet from the northwest rear yard setback requirement of forty (40) feet.  The existing house is thirteen (13) feet from the northwest rear property line.  The variance will allow additions to be made to the house.  A variance of approximately twenty-two thousand, two hundred and twenty (22,220) square feet from the lot size requirement of forty (40,000) thousand square feet is also needed.  The property located at 500 Clearwater Court, Lot 1, Clearwater Estates is Group “C”, Parcel 1 on Wilson County Tax Map 31 “J”.  The property consists of approximately seventeen thousand, seven hundred and eighty (17,780) square feet and is zoned R-1 Residential. 

ORDINANCE REFERENCE:  ARTICLE 5 ZONING DISTRICTS - SECTION 5.10 RURAL RESIDENTIAL (R-1) - 5.10.05 AREA REGULATIONS - C. REAR YARD 1. For principal structures (not served by public sewer system) there shall be a rear yard of not less than forty (40) feet. [revised 12-13-93 revised resolution 07-7-4] - F. MINIMUM LOT AREA 4. Each lot not served by a public sewer system but served by a public water system shall have a minimum lot area of forty thousand (40,000) square feet.

CASE 3895

REQUEST:  Eric Haugseth is seeking a variance of one (1) foot from the height restriction of twenty-two (22) feet for an accessory structure.  The variance will allow the accessory structure to be twenty-three (23) feet in height.  The property located at 5233 Rustic Way, Lot 122, Langford Farms is Group “C”, Parcel 3 on Wilson County Tax Map 52 “D”.  The property consists of .91 acres and is zoned R-1 Residential. 

ORDINANCE REFERENCE:  ARTICLE 5 ZONING DISTRICTS - SECTION 5.10 RURAL RESIDENTIAL (R-1) - 5.10.06 HEIGHT REGULATIONS. Accessory structures shall not exceed twenty-two (22) feet in height OR they must match the predominant two (2) roof pitch angles of the residence if exceeding twenty-two (22) feet. Other zoning district height criterion is still applicable if this option is exercised. If this option is exercised building material of accessory must match primary residential structure. [revised resolution 15-2-13]

 

CASE 3896 (2 uses on 1 tract with the previous approval)

REQUEST:  Richard Lyons is seeking to establish a winery, restaurant, and gift shops on A-1 Agricultural zoned property.  The property was approved by the Board of Zoning Appeals on October 21, 2016 for a wedding venue and retreat center. The property located at 1041 South Rutland Road is Parcel 14 on Wilson County Tax Map 96.  The property consists of 21.24 acres. 

ORDINANCE REFERENCE:  ARTICLE 3 GENERAL PROVISIONS - SECTION 3.40 NUMBER AND LOCATION OF BUILDINGS ON LOT - 3.40.04 - With the exception of churches, farming and home occupations conducted within the principal structure, only one use shall be allowed per tract of land on any lot in a residential district or any residential lots in any agricultural district.  SECTION 5.20 AGRICULTURAL (A-1) - 5.20.03 USES PERMISSIBLE ON APPEAL (revised 12/15/2003 resolution 03-12-2) - 5.20.03.1 USES PERMISSIBLE ON APPEAL - DD. Other similar uses as reviewed and approved by the Board of Zoning Appeals.

5.20.04 USES PROHIBITED - D. Uses not specifically permitted or permissible on appeal.

 

 

CASE 3897 (violation on property, the property has been cleaned up except for the tractor trailers)

REQUEST:  James Rich is seeking to store items in tractor trailers on the property for Big Brothers of Mt Juliet.  The property located on Quarry Road is Parcel 54 on Wilson County Tax Map 55.  The property consists of 8.20 acres and is zoned R-1 Residential.  The request came before the board on September 17, 2020 and was denied based on staff recommendations.    

ORDINANACE REFERENCE: ARTICLE 5 ZONING DISTRICTS - SECTION 5.10 RURAL RESIDENTIAL (R-1) - 5.10.03 USES PERMISSIBLE ON APPEAL – J. Other similar uses as reviewed and approved by the Board of Zoning Appeals. 

CASE 3898

REQUEST:  Bob Johnson is seeking a variance of thirty-nine (39) feet from the rear yard setback requirement of forty (40) feet, a variance of thirty-five (35) feet from the lot width requirement of one hundred and twenty-five (125) feet and a variance of approximately twenty-nine thousand, two hundred (29,200) square feet from the lot size requirement of forty thousand (40,000) square feet.  The existing house sits right on the property line and will be torn down.  The variance will allow the proposed house to be one (1) foot from the rear property line.  The property located at 5449 Vanderbilt Road, Lot 13, Knobblehurst is Group “B”, Parcel 14 on Wilson County Tax Map 50 “A”.  The property consists of approximately ten thousand, eight hundred (10,800) square feet and is zoned R-1 Residential.

ORDINANCE REFERENCE:  ARTICLE 5 ZONING DISTRICTS - SECTION 5.10 RURAL RESIDENTIAL (R-1) - 5.10.05 AREA REGULATIONS - C. REAR YARD 1. For principal structures (not served by public sewer system) there shall be a rear yard of not less than forty (40) feet. [revised 12-13-93 revised resolution 07-7-4] - E. LOT WIDTH - 3. Where dwellings are not served by a public sewer system there shall be a minimum lot width of one hundred twenty-five (125) feet at the front building line.  F. MINIMUM LOT AREA 4. Each lot not served by a public sewer system but served by a public water system shall have a minimum lot area of forty thousand (40,000) square feet.

 

CASE 3899

REQUEST:  Scott and Kristina Hull are seeking to establish an Airbnb on R-1 Residential zoned property.  The property located at 910 Corinth Road, Lot 2, Memory Place is Parcel 58.05 on Wilson County Tax Map 118.  The property consists of 2.33 acres.

ORDINANCE REFERENCE:  ARTICLE 5 ZONING DISTRICTSSECTION 5.10 RURAL RESIDENTIAL (R-1) - 5.10.03 USES PERMISSIBLE ON APPEAL - K. Bed and Breakfast Facility 1. Bed and Breakfast Facilities must possess onsite caretaker either living on premises or on a premise within 10 Miles of the Bed and Breakfast Facility to oversee operations.  2. Bed and Breakfast Facilities shall also provide contact information for the local caretaker, as outlined in item 1 above, as well as contact information for the actual owner of the property if different from the local caretaker. This information shall be provided to the County Sherriff’s office, the County Building inspector, and the Wilson Emergency Management Agency. Such required contact information shall include Name, a Valid Mailing Address, Phone number and Email address for the Caretaker and the owner of the property respectively. This information will be required upon approval of any Bed and Breakfast use, as defined in the Wilson County Zoning Resolution, by the Board of Zoning Appeals and prior to commencing operations.  3. Bed and Breakfast facilities as outlined by the Wilson County Zoning Resolution shall be required to meet the rules of the Tennessee Department of Health division of Food and Sanitation Chapter 1200-23-2 titled bed and breakfast establishments, where deemed applicable by officials of the Tennessee Department of Health.  4. Bed and Breakfast facilities as outlined by the Wilson County Zoning Resolution shall be required to have viable sewer septic as determined by the Tennessee Department of Environment and Conservation.  5. All properties in which this use is approved must have a minimum of two (2) acres.  6. This use will be approved in increments with option to request renewal or extension at the end of that time period.

 

CASE 3900

REQUEST:  Jerry Shoemake is seeking a variance from the size limit requirement for an accessory structure without a principal structure being located on the property.  The size limit requirement is five hundred and six (506) square feet due to the size of the property.  Applicant would like to build an accessory structure that is one thousand , six hundred and thirty-two (1,632) square feet.  Applicant is also needing a variance of approximately twenty-three thousand, one hundred and twenty-five (23,125) square feet from the lot size requirement of forty (40,000) square feet and a variance of fifty (50) feet from the lot width requirement of one hundred and twenty-five (125) feet.  The property located at 925 Bluff Drive, Lot 47, Pebble Point is Group “A”, Parcel 6 on Wilson County Tax Map 24 “I”.  The property consists of approximately sixteen thousand, eight hundred and seventy-five (16,875) square feet and is zoned A-1 Agricultural.  The applicant lives at 923 Bluff Drive. 

ORDINANCE REFERENCE:  SECTION 3.90 ACCESSORY STRUCTURES IN

RESIDENTIAL AND/OR AGRICULTURAL ZONE DISTRICTS [resolution 07-7-5] –

The accessory structure being proposed does not exceed the following:  A-1 - 3% of total

lot area or 2,000 square feet, whichever is less.  ARTICLE 5 ZONING DISTRICTS – SECTION

5.20 AGRICULTURAL (A-1) - 5.20.05 AREA REGULATIONS - E. LOT WIDTH 5. Where dwellings are not served by a public sewer system there shall be a minimum lot width of one hundred twenty-five (125) feet at the front building line. [revised 07-7-4] - F. MINIMUM LOT AREA 3. For each dwelling and buildings accessory thereto, not served by a public sewer system but served by a public water system, there shall be a minimum lot area of forty thousand (40,000) square feet. 

 

CASE 3901 (building permit was applied for due to the rv being a violation)

REQUEST:  James Sharp is seeking a twelve (12) month extension on  his building permit.  The building permit for a single-family residence was applied for on April 19, 2019 and the permit has not been issued.  The property located at 5793 Hunters Point Pike is Parcel 40.12 on Wilson County Tax Map 23.  The property consists of 9.16 acres and is zoned A-1 Agricultural. 

ORDINANCE REFERENCE:  ARTICLE 6 ADMINISTRATION, ENFORCEMENT

AND INTERPRETATION - SECTION 6.20 BUILDING PERMITS, SITE PLAN

REQUIREMENTS AND CERTIFICATES OF COMPLIANCE -6.20.02 Issuance of a

Building Permit - A building permit shall become void twelve (12) months from the date

of issuance by the Building Inspector or the date an appeal is granted by the Board of

Zoning Appeals, unless substantial progress has been made within those twelve (12)

months on the project described therein. Substantial progress shall be determined by the

request for and approval of subsequent required inspections from and by the Building

Inspector respectively. In no case shall an active building permit for a residential

dwelling last longer than 24 months without having received a certificate of compliance

or other final approval as outlined within the Wilson County Zoning Resolution. If a

permit recipient for a residential dwelling perceives that his construction project may last

longer than 24 months, then special relief or variance from this provision will be required

and the permit recipient will need to seek such relief from the Wilson County Board of

Zoning Appeals. (resolution 18-11-13) - SECTION 5.20 AGRICULTURAL (A-1) -         

5.20.04 USES PROHIBITED - C. Travel Trailers as defined in the Wilson County Zoning

Ordinance are not permitted as a permanent dwelling and therefore, the County Zoning

Administrator will not release electrical permits for such to be connected in one location for an

extended period, nor will the Administrator issue building permits or occupancy permit for these

structures unless they are converted and constructed with a permanent foundation and required

perimeter foundation wall across all sides of the structure. Travel Trailers ARE however

permitted to be stored on a property in this zone district as long as they are owned by the

property owner and as long as no one inhabits said trailer for generally more than two weeks at a

time. (resolution 19-6-16)

CASE 3902 (easement for cemetery in 1992 deed/easement is for 100 acres)

REQUEST:  Patricia Farrar is seeking to establish a buildable tract without fifty (50) feet of public road frontage. The property became of record in March 2006.  The property located at 7736 Stewarts Ferry Pike; Thomas Barnes Property is Parcel 43.01 on Wilson County Tax Map 117.  The property consists of 5.01 acre and is zoned R-1 Residential. 

ORDINANCE REFERENCE:  ARTICLE 3 GENERAL PROVISIONS - SECTION 3.20 GENERAL EXCEPTIONS - 3.20.01 SUBSTANDARD LOT OF RECORD. Where the owner of a lot of record is defined in Article 2, Definitions does not own sufficient land to enable him to conform to the yard and other requirements of this Resolution, such lot may be used as a building site by the same or a subsequent owner provided that the yard space and other requirements shall conform to the requirements for the zone in which it is located. The lot must have been of official record as of July 10, 1974.  July 10, 1974.  SECTION 3.40 NUMBER AND LOCATION OF BUILDINGS ON LOT - 3.40.03 No building shall be erected on a lot which does not continuously abut at least one public street for at least fifty (50) feet; the lot must be a minimum of fifty (50) feet in width to the building setback line. A lot with more than one-half (1/2) of its frontage on the bulb of a cul-de-sac lot must continuously abut the street for at least thirty (30) feet; the lot must be a minimum of thirty (30) feet in width to the building setback line. This section shall not apply to a lot of record (previously existing), with an easement of at least thirty (30) feet in width to a public street.

 

CASE 3903

REQUEST:  Mitchel Bone is seeking to remove a previous stipulation on the approval set in place by the Board of Appeals for Case 3879 on March 18, 2021.  The property located at 3929 Cedar Forest Road is Parcel 12 on Wilson County Tax Map 135.  The property consists of one hundred and thirty (130) acres and is zoned A-1 Agricultural.  The property became of record in August 1957 and the easement became of record in March 1987. 

ORDINANCE REFERENCE:  5.7-112 Board of Zoning Appeals - A. Any person aggrieved, or any taxpayer affected, by any decision of the Zoning Administrator, made in the administration of Article 5.7 of this Ordinance, may appeal to the Board of Zoning Appeals pursuant to the provisions of Section 6.40 of the Wilson County Zoning Ordinance.

 

CASE 3904

REQUEST:  Carlanetra Lee is seeking a variance of twenty (20) feet from the rear yard setback requirement of thirty (30) feet and a variance of five (5) feet from the south side yard setback requirement of fifteen (15) feet.  The variances will allow the deck to be ten (10) feet from the rear property line and the pool will be ten (10) feet from the south side property line. The pool will be connected to the deck.  The property located at 1605 Ashley Drive, Lot 158, Plantation South is Group “I”, Parcel 13 on Wilson County Tax Map 46 “F”.  The property consists of .34 acres and is zoned R-1 Residential. 

ORDINANCE REFERENCE:  ARTICLE 5 ZONING DISTRICTS – SECTION 5.10 RURAL RESIDENTIAL (R-1) - 5.10.05 AREA REGULATIONS - B. SIDE YARD 1. For single and

two story structures located on interior lots, side yards shall be not less than fifteen (15) feet in width for a principal structure, and not less than ten (10) feet for an accessory structure. [resolution 15-2-12] C. REAR YARD - 2. For principal structures, served by public sewer system, there shall be a rear yard of not less than thirty (30) feet. [ revised 12-13-93] [revised resolution 07-7-4]

 

CASE 3905

REQUEST:  Daphine Brewer is seeking to establish a buildable tract without fifty (50) feet of public road frontage.  The property became of record August 2020.  The property located at 500 Farmstead Lane is Parcel 5.05 on Wilson County Tax Map 71.  The property consists of 22.54 acres and is zoned R-1 Residential. 

ORDINANCE REFERENCE:  ARTICLE 3 GENERAL PROVISIONS - SECTION 3.20 GENERAL EXCEPTIONS - 3.20.01 SUBSTANDARD LOT OF RECORD. Where the owner of a lot of record is defined in Article 2, Definitions does not own sufficient land to enable him to conform to the yard and other requirements of this Resolution, such lot may be used as a building site by the same or a subsequent owner provided that the yard space and other requirements shall conform to the requirements for the zone in which it is located. The lot must have been of official record as of July 10, 1974.  SECTION 3.40 NUMBER AND LOCATION OF BUILDINGS ON LOT - 3.40.03 No building shall be erected on a lot which does not continuously abut at least one public street for at least fifty (50) feet; the lot must be a minimum of fifty (50) feet in width to the building setback line.

 

CASE 3906

REQUEST:  Brad Holmes is requesting a refund for the Adequate Facilities Tax of $5,000.00 that was paid on January 20, 2021.  The property is located at 202 Camille Victoria Court, Lot 17, Savannah Point.  This property is located in the City of Mt. Juliet. 

ORDINANCE REFERENCE:  AFT receipt states good for thirty (30) days.

 

CASE 3907 (2 uses, GIS shows some of the mobile home on this lot)

REQUEST:  Mark Ford is requesting to build a billboard on A-1 Agricultural zoned property.  The property located at 10858 Highway 109 North, a portion of Lot 2, Webster-Martin Property is Parcel 19.01 on Wilson County Tax Map 10.  The property consists of .91 acres.

ORDINANCE REFERENCE:  ARTICLE 4 STANDARDS - SECTION 4.10 SIGNS - 4.10.02 REGULATIONS FOR SIGNS - A. GENERAL SIGN REGULATIONS 10. Sign placement:

  1. Off-site Signs. Off-site signs, both illuminated and unilluminated are allowed only along the margins of US Highways 70, and 70E, Interstate 40, and Tennessee Highways 109 and 171, except in Residential Districts (R-1, R-2, and R-3) and areas in the Agricultural Districts devoted to residential use at the effective date of this amendment or at the time an application for a new off-site sign is made. All off-site signs shall conform to the appropriate federal and state regulations governing signs along the margins of Interstate, Federal, and State Highways. ARTICLE 3 GENERAL PROVISIONS - SECTION 3.40 NUMBER AND LOCATION OF BUILDINGS ON LOT - 3.40.04 - With the exception of churches, farming and home occupations conducted within the principal structure, only one use shall be allowed per tract of land on any lot in a residential district or any residential lots in any agricultural district.

 

CASE 3908

REQUEST:  Atsbha Gebru is seeking to establish a church use on R-1 Residential zoned property.  The property located at 3537 Hobson Pike, Lot 1, Chrisman-Herd Property is Parcel 60.14 on Wilson County Tax Map 119.  The property consists of 1.04 acres. 

ORDINANCE REFERENCE:  ARTICLE 5 ZONING DISTRICTSSECTION 5.10 RURAL RESIDENTIAL (R-1) - 5.10.03 USES PERMISSIBLE ON APPEAL - A. Church

 

CASE 3909

REQUEST:  Thomas Sean Hinton is seeking a variance of twenty-three (23) feet from the rear yard setback requirement of forty (40) feet and a variance of approximately ten thousand, one hundred and fifty-five (10,155) square feet from the lot size requirement of forty thousand (40,000) square feet.  The variance will allow the proposed house including a patio to be seventeen (17) feet from the rear property line.  The property located at 960 Point View Circle, Lot 31, Port Spencer is Group “A”, Parcel 12 on Wilson County Tax Map 27 “O”.  The property consists of approximately twenty-nine thousand, eight hundred and forty-five (29,845) square feet and is zoned A-1 Agricultural. 

ORDINANCE REFERENCE:  ARTICLE 5 ZONING DISTRICTS – SECTION 5.20

AGRICULTURAL (A-1) - 5.20.05 AREA REGULATIONS - C. REAR YARD 1. For principal

structures there shall be a rear yard of not less than forty (40) feet.  F. MINIMUM LOT AREA

3. For each dwelling and buildings accessory thereto, not served by a public sewer system but

served by a public water system, there shall be a minimum lot area of forty thousand (40,000)

square feet. 

 

Cc/file - Road Commission/Ground Water/Storm Water/Hutto/Jennings/Hatcher