Item 1

DATE: March 5, 2020

TO: Board of Zoning Appeals

FROM: Kelli Gibson, Planner Kelly Dannenfelser, Assistant Director

Subject Variance Request for a 13-foot encroachment into the required 40-foot rear yard setback to construct a screened on the rear of the located at 593 Ploughmans Bend Drive (F.Z.O §3.5.5)

Project Information COF Project Number: 7202 Applicant/Owner: Keith Rice

Summary of Action Taken The Board of Zoning Appeals has reviewed this item, held a public hearing, and voted to:

____ Approve the variance based on the criteria that authorize a variance to be established.

____ Disapprove the variance because one or more of the criteria for approving a variance was not established.

____ Defer the variance request for continued review of the application.

____ Approve with conditions the variance based on the criteria that authorize a variance to be established: ______

______BZA Chair BZA Recording Secretary

______Applicant Acknowledgement Date

This section is completed after action is taken at the BZA meeting.

1 BZA 3/5/20 Item 1 Exhibits 1. Application Materials and Supporting Documentation 2. Location Map

Vicinity Zoning Vicinity Land Use Site: R2 – Residential 2 District Site: Single-Family Residential North: R2 – Residential 2 District North: Single-Family Residential South: R2 – Residential 2 District South: Single-Family Residential East: R2 – Residential 2 District East: Open Space West: R2 – Residential 2 District West: Single-Family Residential

Applicable Zoning Ordinance Provisions

20.10 Variance A. The purpose of a variance is to: 1. Provide limited relief from the requirements of this Ordinance in cases where strict application of a particular requirement would create an unnecessary hardship prohibiting the use of land in a manner otherwise allowed under this Ordinance; and 2. Address extraordinary, exceptional, or unique situations that were not caused by the applicant’s act or omission. B. Variances are not intended merely to remove inconveniences or financial burdens that the requirements of this Ordinance may impose on property owners in general.

3.5 R2- Residential 2 District The following dimensional standards are required:

Principal Setbacks Minimum 20 feet Side Yard 10 feet Rear Yard 40 feet

Alternate Standards For lots in recorded subdivisions, if there are different dimensional standards on the final plat, then those standards on the final plat shall govern

23.4 Defined Terms

Rear Yard: An open, unoccupied space on a lot, except for accessory structures as herein permitted, extending across the rear of the lot from one side lot line to the other side lot line.

Background

The site is zoned R2 and is lot 34 in Section 11 of the Chestnut Bend Subdivision. Both the R2 and final plat rear yard setbacks are 40 feet. The applicant requests to vary the required 40-foot rear yard setback by 13 feet to construct a screened porch on the rear of the dwelling located at

2 BZA 3/5/20 Item 1 593 Ploughmans Bend Drive. The area located along the rear of the lot consists of Chestnut Bend Subdivision Open Space and includes a walking trail.

The BZA approved a similar variance request to construct a screened porch at a neighboring property, 597 Ploughmans Bend Drive, at their November 2016 meeting.

Staff Analysis

The BZA may authorize a variance only when the request has met all three criteria in accordance with F.Z.O §20.10.6 and State law. The staff has completed an analysis of the request in light of these criteria:

1. Where, by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the time of the enactment of the Zoning Ordinance or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition, such a piece of property is not able to accommodate development as required under this Ordinance.

The subject property is lot 34 in Section 11 of the Chestnut Bend Subdivision and is typical in terms of dimensions and location. The applicant has indicated that the property is exceptional because the rear yard setback aligns with the rear facade of the . Staff reviewed the recorded plat for the property as well as GIS and aerial data. The lot dimensions (175.2-foot depth and 127.7-foot width at the rear) are standard for lots in the subdivision. Based on the subject property’s typical size, shape, and topographic conditions, staff finds that there is not an extraordinary or exceptional situation pertaining strictly to the subject property and that the property does not meet the first criterion for a variance.

2. The strict application of any provision enacted under the Zoning Ordinance would result in peculiar and exceptional practical difficulties to or exceptional or undue hardship upon the owner of the property.

Staff finds that the request to construct a screened porch reflects the desire of the applicant and does not represent an undue hardship on the property owner. Ultimately, the BZA must determine whether the inability to construct the screened porch on the subject property is a hardship or practical difficulty.

3. Such relief may be granted without substantial detriment to the public good and without substantially impairing the purpose and intent of the Zoning Ordinance.

Rear yard setback requirements are meant to preserve the integrity of required rear yards, which are intended to remain as open area located between the rear façade of a building and the rear boundary of a lot and extending from one side lot to the other side lot line. In accordance with Zoning Ordinance requirements, the applicant could construct an accessory structure that is not connected to the principal building that would provide a similar intended purpose as the currently proposed addition. Therefore, staff finds that

3 BZA 3/5/20 Item 1 granting this variance would impair the intent and purpose of the Zoning Ordinance and that the third criterion is not satisfied.

Recommendation For the BZA to grant a variance, all three criteria must be met. Based on the above reasoning staff recommends disapproval of the variance requested by the applicant because the applicant has not met any of the standards required for granting a variance.

If the BZA chooses to grant relief as requested by the applicant, the BZA should clearly state the site-specific reasons for why the relief is being granted. Staff would recommend that a condition be placed on the approval to specify that the proposed addition cannot be enclosed in the future to add additional livable space to the principal building.

Recommended Motion Move to disapprove the variance request to vary the required 40-foot rear yard setback by 13 feet to construct a screened porch on the rear of the existing dwelling because the criteria for granting a variance have not been satisfied as described in the staff report.

4 BZA 3/5/20 Item 1 To whom it may concern:

We are requesting a hearing by the Board of Zoning Appeals for 593 Ploughmans Bend Dr. Franklin, TN 37064. Lot 34 in Chestnut Bend Subdivision.

More specifically we are requesting a variance to allow us to build a 26’x14’ (364 square foot) screened porch, 13’ into the rear 40’ setback.

We believe the variance should be granted due to the following: 1) The property contains extraordinary or exceptional situations/conditions in that the rear property set back aligns with the rear of the home. 2) The strict application of the Zoning Ordinance would result in practical difficulties or undue hardship on the owner of the property due to the current rear setback does not allow any type of addition to be added to the rear of the home. There is no other space on the property for a screened in porch other than the rear yard. This is not common on most similar sized lots in the City. 3) The relief could be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the Zoning Ordinance due to the land behind the residence. Directly behind the property is a narrow piece of Chestnut Bend Subdivision Open Space that has a walking trail. Beyond the open space is land owned by The City of Franklin for a Wastewater Treatment plant. Encroaching into the 40’ rear setback will not encroach on or limit the use of anyone behind the residence.

Thank you for your consideration,

Keith Rice The Porch Company 615-662-2886

Building a Simpler Way of Life! Exterior Perspective 2 2 12" = 1'-0" Exterior Perspective 1 1 12" = 1'-0"

Interior Perspective 1 Interior Perspective 2 3 4 12" = 1'-0" 12" = 1'-0"

The Porch Company 593 Ploughmans Bend Dr Perspectives 618 Vernon Ave Bill & Peggy Paris Date Issue Date Nashville, TN Franklin, TN 37064 Drawn by Author 615 -662 -2886 A1 11x17 37209 Scale 12" = 1' -0" www.porchco.com 11/19/2019 9:21:41 AM 9:21:41 11/19/2019 14' - 0 1/4" UP

3' - 0" 3' - 11" Move hose bib bib hose Move porch of outside to

S to fans Sdim to interior post lights Sdim to track lights

ELECTRICAL LEGEND S Switch Sdim Dimmer Switch Outlet Post Light 26' - 0" - 26' to flood lights flood to Track Light F Floodlight S Ceiling Fan no light kit Replace Exterior House to Door Exterior Replace

Infrared Heater

S to heaters (3)

3' - 0" 3' - 11"

3a Porch Plan 1 1/4" = 1'-0"

UP 14' - 0 1/4"

The Porch Company 593 Ploughmans Bend Dr Porch Floor Plan 618 Vernon Ave Bill & Peggy Paris Date Issue Date Nashville, TN Franklin, TN 37064 Drawn by Author 615 -662 -2886 C1 11x17 37209 Scale 1/4" = 1' -0" www.porchco.com 11/19/2019 9:21:41 AM 9:21:41 11/19/2019 11/19/2019 9:21:41 AM 9:21:41 11/19/2019 C5 11x17 C5

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Exhibit A Paris Specifications

Lead Paint: The cost to remove lead paint, if necessary, can be handled by the homeowner for no additional cost. If The Porch Company is to remove any lead based paint, there will be additional charges. Landscaping: It is the owner’s responsibility to move any plants to be saved or trees to be removed prior to starting construction. It is the owner’s responsibility to have any irrigation lines/heads moved as needed prior to starting construction. Landscaping, grading, sod work or drainage is not included in this proposal unless specifically stated. The client should expect some wear and tear on the lawn and landscaping around the construction site. Any major ruts or disturbances will be filled in and hand graded. Any removal of fence will be returned to pre- construction condition Underground: All care will be taken to avoid damage to any public or private , cables, or any other residential utility underground. In the event damage does occur, the homeowner is responsible for the cost of any repairs. Storage of Materials, Tools and Equipment: It is assumed that the client will allow use of driveway and/or to store/park tool trailers, materials, dumpster and port-a-john as close as possible to the work site. While we understand this is an inconvenience to the client, it is essential for efficient working conditions. Should this not be possible, there will be additional charges. Work Zone Protection: For the safety of our clients and employees, we ask that no one other than Porch Company employees and subcontractors be permitted in the Work Zone during construction hours. This is to include client pets. The Work Zone is defined as the area of construction and surrounding spaces used to store equipment, materials and other items related to the construction of your project. Communications: Once we have started the project, feel free to come and go as you please locking your as you would normally. If we need access to the interior of your house, we will schedule that with you. If a question should arise, you may ask the crew leader. However, we would prefer that you ask the project manager so the crew may work as efficiently as possible. While it is great fun to watch the project progress, it is nerve wracking to be constantly observed; so we ask for your understanding on this. Existing Condition Clause: If building inspector requires any portion of existing structures to be brought up to current building code, cost of this additional work will be quoted to owner as needed on a cost plus basis. Building Permit: The cost of the building permit is included in the project. Should a survey be required or we have to get an exception or variance to obtain the building permit, any work or fees associated with this will be at the owner’s expense.

Subcontractors or Other Professionals Contracted by Homeowner: There are some projects in which it is advantageous for the client to hire the sub-contractors directly. And from time to time, our clients have their own subcontractors that they want to use. We are willing to work with the client contracting directly with the sub-contractor in some situations. We will charge for any time coordinating, explaining, or planning that we need to do with others to insure the best results of the project as a whole. This time may include phone calls, site visits, meetings, additional drawings, etc. These charges will also apply to working with any outside design professionals. The charges are: $85/ hour for carpenter or $150/ hour for Project manager or Designer.

Demolition: None. Moving , appliances, etc… from the area as well as relocation to the new space is the responsibility of the owner. Footers: 2’x 2’ x 10” pier footers. It is assumed that 12” deep footers are sufficient. If, due to soil conditions or any other complication, deeper footers are required, the client is responsible for the additional costs. Post to grade: 6x6 pt posts Band: Double 2x12 pt bands. Floor Joists: 2x10 pt floor joists 16” on center. Floor to support 40 psf of live load. Porch Flooring: 1x6 Tongue & groove cypress Floor is not sanded it comes from the mill with a smooth finish. Knot holes may be present and if severe enough they will be filled. Porch Posts: 6x6 pressure treated laminated posts Header Double 2x8 header with 1x6 base and 2x6 cap. Roofing: Hip with exposed 2x8 yellow pine rafters and 1x8 spruce sheathing. Shingles to match existing as closely as possible. Shingles assumed to be 30 year dimensional shingle. Flashing to match existing flashing on house in both material and method unless otherwise specified Open Soffits. : 24” tall beadboard wall with 2x4 pressure treated cap rail. Walls screened with fiberglass screen. Screen Door: Two custom built single screened door. Owner to select hardware color. Landings & Steps: All framing materials to be pressure treated lumber. Decking and treads to be Azek decking, owner to select color. Railings to be pressure treated lumber hand rail only with 4” Hermitage post sleeves Skirting: 1x8 pressure treated lumber with slight gap between boards. Electrical: Three ceiling fans on switch. Fans to be 5 bladed 52” white/brown outdoor fans. Speed controlled by pull chains. Two flood lights on switch on exterior of porch. Eight post mounted lights – owner to provide fixtures & bulbs - on dimmer switch on interior of porch Two track lights mounted on top of collar tie with dimmer switch. Eight outlets. Cable line to be roughed in for future use. Installing T.V. mounts and T.V.’s can be done on a cost plus basis. Wiring T.V.’s for surround sound or into and existing sound system is not included in our scope of work. All electrical cover plates must be approved for exterior use and will be grey in color. It is assumed the existing electrical panel can support the additional load. Should a sub-panel be needed there will be additional costs. It is assumed that we can get access to the electrical panel without taking extraordinary means (ie, dig ditches, run conduit, etc.). If we have to do so, there will be additional costs. Painting: All new wood to be painted/stained to owner choice of colors. (Note – existing walls, trim, underside of / etc. are not included in paint estimate unless specifically stated otherwise.) If more than 3 colors are used, there may be additional costs. The client is responsible for deciding on all paint colors. Should you choose to go with a custom paint or stain color, the client takes responsibility for the color. If you would like a sample board created, we will do so at the cost of $100 per board. Classic porch (not wrapped)- outside screen stop caulked.- Inside screen stop not caulked. Nail holes on inside screen stop not filled. No caulk on pressure treated lumber below the floor level. Additional paint labor will be billed at $45/hr. Exterior Door: Replace and doors to house with custom Sierra Pacific full height Aluminum clad wood double sliding doors with sidelights. White Aluminum exterior cladding, natural pine interior to be painted/stained to owners choice of color. Dual insulated, low E, tempered, full view glass. Standard white handles. Trim to match existing as closely as possible from readily available moldings. Painting/Staining to include the door & door trim. If any interior wall painting is needed, this will be done on a time and materials basis. Attaching or re-attaching the door to the home security system is not included. Gutters: Continuous aluminum gutters added to the perimeter of porch. Leaf guards/Gutter guards are not included. Gutters are pre-painted and matched as closely as possible to existing gutters. Gutters will drain above grade unless otherwise stated. Drainage: No drainage work is included unless otherwise stated. Gas: No gas work is included unless otherwise stated. Plumbing: Move hose bib to exterior wall outside of porch.

Swing Bed: The cost of the swing bed and options are not included in the bid. The client is to go to https://porchco.com/products/bed-swings/ to select and purchase the swing. The cost of installation waived if installed with the construction of the porch.

Heaters: Three Solaira infrared ICR series heater in black. Heaters are 3 Kw and cover 120 sq ft. Each heater on its own switch. On/Off only – no rheostat.

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593 Ploughman's Bend Drive 13-Foot Rear Yard Variance Request 593 Ploughmans Bend RY Var CI Civic Institutional District AG Agricultural District NC Neighborhood Commercial ER Estate Residential District CC Central Commercial District R1 Residential 1 District DD Downtown District R2 Residential 2 District 1ST Avenue District Ü 0 80 160 320 R3 Residential 3 District 5TH Avenue District Feet R4 Residential 4 District RC6 Regional Commerce 6 District R6 Residential 6 District RC12 Regional Commerce 12 District This map was created by the Franklin Planning Department. It was compiled from the most authentic infor.mation available. MR Mixed Residential District GO General Office District The City is not responsible for any errors or omissions contained hereon. PD Planned District LI Light Industrial District All data and materials (c) copyright 2016. All rights reserved. OR Office Residential District HI Heavy Industrial District