Wilson County Board ofZoning Appeals Minutes March 20, 2025 The Wilson County Board ofZoning Appeals met March 20, 2025, at 9:00 a.m. in the County Commission Room of the Wilson County Courthouse, Lebanon, Tennessee, pursuant to public notice. The voting members present were Chairman Rusty Thompson, Vice Chairman Perry Neal, Howard Blaydes, Kerry Crockett, and Altemate Justin Manning. Alterate member present was Keith Williams. Also, present was County Planning staff, County Zoning staff, County Attomey, Mike Jennings, and Court Reporter Teresa Hatcher, hired by the county. Chairman Thompson called the meeting to order. Thompson informed individuals with questions or who desire to make comments before the Board concerning the cases to approach the podium when asked by the Chairman and to sign in on the sign-up sheet giving name, address, and case ofinterest. Thompson informed individuals that anyone desiring to withdraw, or request deferral could do SO at this time. Thompson informed everyone that a stenographer was present, and individuals could get with her at the end ofthe meeting ifthey desired a transcript of the meeting. Thompson then asked all individuals who desired to make statements beforet the Board to raise theirhands. Hethereupon administered the oath to each ofthej prospective witnesses. Thompson stated that staff makes recommendations which are considered by the Board. Thompson made an announcement for public comment. Motion made by Neal, seconded by Manning, and all voting unanimously, the minutes of the January 16, 2025, meeting were approved. The following cases will be heard: CASE 4237 (deferred from December 19, 2024, meeting) Request was originally to create 4 lots, updated request is to create 2 lots. REQUEST: Anthony Mitchell, on behalf of Thomas Brian Wright, is requesting a division of property in order to create two (2) legal building lots without public road frontage. The property located at 2988 Saundersville Ferry Road is a portion ofParcel 17.01 on Wilson County Tax Map 11, consisting of five (5) acres and 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 ofrecord is defined in Article 2, Definitions does not own sufficient land to enable him to conform to the yard and other requirements oft 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 ofJuly 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) ofits 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. ACTION: Staff read recommendations. Anthony Mitchell appeared stating there are three (3) heirs. Gerald Satterfield, adjoining property owner appeared with concerns about the shared Wilson County Board ofZoning Appeals Minutes March 20, 2025 driveway. After discussion, motion was made by Neal, seconded by Manning, and all voting unanimously, the request was denied based on staff recommendations. CASE 4255 (deferred from February 20, 2025, meeting) REQUEST: David Steunebrink is requesting to use the property for a short-term rental and requesting a variance from the two (2) acre requirement. The property located at 604 Gay Winds Drive, Lot 19, Gay Winds is Group "C", Parcel 19 on Wilson County Tax Map 32 "T", consisting of approximately .81 acres and zoned R-1 Residential. ORDINANCE REFERENCE: ARTICLE 5 ZONING DISTRICTS - SECTION 5.10 RURAL RESIDENTIAL (R-1) - 5.10.03 USES PERMISSIBLE ON APPEAL - K. Bed and Breakfast Facility (RES 18-3-6) (revised RES 24-4-2) 1. Bed and Breakfast Facilities or other forms of short-term rental must possess onsite caretaker either living on premises or on premises within ten (10) miles of the Bed and Breakfast Facility to oversee operations. 2. Bed and Breakfast Facilities or other forms of short-term rental shall also provide contact information for the local caretaker, as outlined in item one (1) above, as well as contact information for the actual owner oft the property if different from the local caretaker. This information shall be provided to the County Sherriff's office, the County Zoning Office, 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 ofthe 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 ofZoning Appeals and prior to commencing operations. 3. Bed and Breakfast facilities or other forms of short-term rental as outlined by the Wilson County Zoning Resolution shall be required to meet the rules ofthe Tennessee Department ofHealth 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 or other forms of short-term rental as outlined by the Wilson County Zoning Resolution shall be required to have viable sewer or septic as determined by the Tennessee Department of Environment and Conservation. 5. All properties for which this use is approved must have a minimum oftwo (2) acres. 6. This use will be approved in increments with the option to request renewal or extension at the end of that time period. ACTION: Staff read recommendations. Attorney Jamie Hollin and property owner David Steunebrink appeared. After discussion, motion was made by Blaydes, seconded by Crockett, and all voting unanimously, the request was denied based on staff recommendations. CASE 4264 REQUEST: Surefire Fireworks are requesting to renew a temporary fireworks stand. The board approved this use on July 18, 2019, for a period of five (5) years. The property located at 3193 South Mt Juliet Road, Lot 2, Vastola Property is Parcel 1.05 on Wilson County Tax Map 118, consisting of2.26 acres and zoned C-1 Neighborhood Commercial. ORDINANCE REFERENCE: ARTICLE 5 ZONING DISTRICTS - SECTION 5.30 NEIGHBORHOOD COMMERCIAL (C-1) - USES PERMISSIBLE ON APPEAL - H. Similar uses considered by the Board ofZoning Appeals to be consistent and compatible with those uses herein included. ACTION: Staff read recommendations. Brenda Rahrer with Surefire Fireworks appeared. After discussion, motion was made by Thompson, seconded by Neal, and all voting Wilson County Board of Zoning Appeals Minutes March 20, 2025 unanimously, the request was approved for five (5) years with a new site plan being submitted and no fireworks being discharged on site. CASE 4265 REQUEST: Surefire Fireworks are requesting to renew a temporary fireworks stand. The board approved this use on March 21, 2019, for a period of five (5) years and a variance of twenty-eight (28) feet from the front yard setback requirement of sixty (60) feet allowing the fireworks tent to be thirty-two (32) feet from the front property line. The property located at 7458 Linwood Road is Parcel 2 on Wilson County Tax Map 84, consisting of 4.4 acres and zoned A-1 Agricultural. 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) - USES PERMISSIBLE ON APPEAL = DD. Other similar uses as reviewed and approved by the Board ofZoning Appeals ACTION: Staff read recommendations. Brenda Rahrer with Surefire Fireworks appeared. After discussion, motion was made by Neal, seconded by Thompson, and all voting unanimously, the request was approved for five (5) years based on staff recommendations and no fireworks being discharged on site. CASE 4266 REQUEST: Lighthouse Assembly of God is requesting a church use. Extending the use to the property to the north ofthe existing church will allow them to build a pavilion. The property located on Saundersville Road, Lot 1 Rolling Acres is Group "A", Parcel 1 on Wilson County Tax Map 31 "O", consisting of approximately thirty thousand (30,000) square feet and zoned R-1 Residential. ORDINANCE REFERENCE: ARTICLE 5 ZONING DISTRICTS - SECTION 5.10 RURAL RESIDENTIAL (R-1) - 5.10.03 USES PERMISSIBLE ON APPEAL - A. Church ACTION: Staff read recommendations. Bob Keich appeared representing Lighthouse Assembly of God. After discussion, motion was made by Crockett, seconded by Manning, and all voting unanimously, the request was approved based on staff recommendations. CASE 4267 REQUEST: Laguardo Missionary Baptist Church is requesting a church use and a variance of fifty (50) feet from the front yard setback requirement of sixty (60) feet for the existing church building. The existing church building is ten (10) feet from the front property line and will be used for storage once the construction oft the new church is completed. The property located at 8147 Highway 109 North is Parcel 28 on Wilson County Tax Map 27, consisting of2.5 acres and zoned A-1 Agricultural. 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) - USES PERMISSIBLE ON APPEAL - G. Church - 5.20.05 AREA REGULATIONS - A. FRONTYARD - 4. Churches, hospitals, schools and other main and accessory structures, other than dwellings, shall have a minimum front yard setback of sixty (60) feet. Wilson County Board ofZoning Appeals Minutes March 20, 2025 ACTION: Staff read recommendations. Larry Green representing Laguardo Missionary Baptist Church appeared. After discussion, motion was made by Blaydes, seconded by Neal, and all voting unanimously, the request for church use and the variance was approved based on staff recommendations. CASE 4268 REQUEST: Kevin and Krista Ferrell are requesting a variance ofthree (3) feet from the height requirement oft twenty-two (22) feet for an accessory structure. Ifthe variance is approved, the proposed accessory structure will be twenty-five (25) feet in height. The property located at 6670 Cairo Bend Road, Lot 19, Belle Isle is Parcel 3.18 on Wilson County Tax Map 15, consisting of: 5.04 acres and zoned R-1 Residential. ORDINANCE REFERENCE: ARTICLE 5 ZONING DISTRICTS - SECTION 5.10 RURAL RESIDENTIAL (R-1) 5.10.05 AREA REGULATIONS - 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 ifthis option is exercised. If this option is exercised building material of accessory must match primary residential structure. [revised resolution 15-2-13] ACTION: Staff read recommendations. Krista Ferrell appeared. After discussion, motion was made by Crockett to approve, seconded by Neal amending the motion to include the variance is minimum, there is no negative impact on the neighbors or adjoining property owners, and the property owner is matching the roof pitch. Crockett accepted the amended motion and voting aye, with the exception of Blaydes and Thompson voting no; the request was approved. CASE 4269 REQUEST: Dorothy Stevens is requesting a variance of seven (7) feet from the existing deck to an existing shed, a variance of four (4) feet from the existing shed to the existing carport, and a variance of two (2) feet from the existing house to the water's edge ofthe pool. The existing deck is one (1) foot from the existing shed, the existing shed is four (4) feet from the existing carport. The variances will allow the applicant to replace the existing pool and be six (6) feet from the existing house to the water's edge ofthe new pool. The property located at 702 Watson Court, Lot 37, Ilemar Subdivision is Group "B", Parcel 20 on Wilson County Tax Map 31 "P", consisting ofthirty-seven thousand (37,000) square feet and 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 - 4. The minimum spacing between accessory structures and any other structure on the same property shall be eight feet (8'-0") wall to wall between walled structures. [revised 10/19/2020 resolution 20-10-20] ACTION: Staff read recommendations. Dorothy Stevens appeared. After discussion, motion was made by Neal, seconded by Manning, and all voting unanimously, the request was approved based on the odd shape oft the lot, they are replacing an existing pool, and not encroaching any more than what is there. CASE 4270 REQUEST: Robert McDermott is requesting a variance of five (5) feet from the north side yard setback requirement often (10) feet. Ifthe variance is approved, the proposed addition will Wilson County Board of Zoning Appeals Minutes March 20, 2025 be five (5) feet from the north side property line. The property located at 238 Rockytop Trail, Lot 15, Trailwood Farms is Group "B", Parcel 43 on Wilson County Tax Map 117 "B", consisting of sixteen thousand, two hundred (16,200) square feet and zoned R-1 Cluster. ORDINANCE REFERENCE: SECTION 4.50 CLUSTER RESIDENTIAL DEVELOPMENT (resolution 09-3-14) - 4.50.03 DEVELOPMENT REQUIREMENTS - E. STRUCTURE LOCATION REQUIREMENTS The minimum spacing between principal structures 12/13/93) shall be based upon the zoning district which the development is located and shall be as follows: R-1 (Rural Residential) - twenty (20) feet ACTION: Staff read recommendations. Robert McDermott appeared. After discussion, motion was made by Manning, seconded by Neal, and all voting unanimously, the request was denied based on staff recommendations. CASE 4271 REQUEST: Steven Fisher is requesting to use the property for a small automotive shop. The property located at 1147 Rome Pike, Lot 11, Foley Property is Parcel 74.14 on Wilson County Tax Map 59, consisting of 1.91 acres and zoned R-1 Residential ORDINANCE 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 ofZoning Appeals. ACTION: Staff read recommendations. Steven Fisher appeared. Russell Pass spoke in favor. Contractor Randy Helbert spoke. After discussion, motion was made by Manning, seconded by Neal, and all voting unanimously, the request was denied based on staff recommendations. CASE 4272 REQUEST: Wiliam Mendoo is requesting to use the property for a short-term rental. The property located at 844 Bond Road, John Williams Property is Parcel 10.07 on Wilson County Tax Map 160, consisting oft twenty-six (26) acres and is zoned A-1 Agricultural. ORDINANCE REFERENCE: ARTICLE 5 ZONING DISTRICTS - SECTION 5.20 AGRICULTURAL (A-1) - 5.20.03.1 USES PERMISSIBLE ON APPEAL -(revised 12/15/2003 resolution 03-12-2) - 5.20.03.1 USES PERMISSIBLE ON APPEAL: - C. Bed and Breakfast Facility: (RES 18-3-6) (revised RES 24-4-2) (revised RES 24-12-8) - 1. Bed and Breakfast Facilities or other forms of short-term rental must possess on-site caretaker either living on premises or on-premises within ten (10) miles of the Bed and Breakfast Facility to oversee operations. 2. Bed and Breakfast Facilities or other forms of short-term rental shall also provide contact information for the local caretaker, as outlined in item 1 above, as well as, contact information for the actual owner ofthe property if different from the local caretaker. This information shall be provided to the County Sherriff's Office, the County Zoning Office, 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 ofZoning Appeals and prior to commencing operations. 3. Bed and Breakfast facilities or other forms of short-term rental 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- Wilson County Board ofZoning Appeals Minutes March 20, 2025 23-2 titled bed and breakfast establishments, where deemed applicable by officials of the Tennessee Department of) Health. 4. Bed and Breakfast facilities or other forms of short-term rental as outlined by the Wilson County Zoning Resolution shall be required to have viable sewer or septic as determined by the Tennessee Department of Environment and Conservation. 5. All properties for which this use is approved must have a minimum oft two (2) acres. 6. This use will be approved in increments with option to request renewal or extension at the end ofthat time period. ACTION: Staff read recommendations. William McIndoo appeared stating there would be eight (8) guests and the house would be rented out several times a year while on vacation. After discussion, motion was made by Thompson, seconded by Crockett, and all voting unanimously, the request was approved based on staff recommendations for one (1) year with a maximum of eight (8) guests, the business plan being part of the approval, and emergency contacts are on file. CASE 4273 REQUEST: Gerald Smith is requesting a variance of five (5) feet from setback requirement of eight (8) feet between structures. This variance will allow the proposed pavilion to be three (3) feet from the water's edge ofthe pool. Applicant is also needing a variance of four (4) feet from the setback requirement of eight (8) feet between structures. The existing house is four (4) feet from the water' S edge of the pool. The property located at 2003 Earl Pearce Circle, Lot 50, Saundersville Point is Group "C", Parcel 47 on Wilson County Tax Map 31 "O". The property consists of approximately thirty thousand, eight hundred (30,800) square feet and 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 - 4. The minimum spacing between accessory structures and any other structure on the same property shall be eight feet (8'-0") wall to wall between walled structures. [revised 10/19/2020 resolution 20-10-20] ACTION: Staff read recommendations. Gerald Smith appeared. After discussion, motion was made by Manning, seconded by Neal, and all voting unanimously, the request was approved based on testimony given, the topography of the lot, and the water run-off. There being no further business to come before the Board at this time, on motion duly made and seconded, adjourned. Secretary