agenda number: bza 17-10 meeting date: august …...2017/08/17 · 1. applicant’s cover letter,...
TRANSCRIPT
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Agenda Number: BZA 17-10 Meeting Date: August 17, 2017
REPORT TO THE BOARD OF ZONING APPEALS
SUBJECT: 1646 Forsythe Trail Drive - Request approval of a variance for an encroachment by the principal structure into the required rear yard setback. INTRODUCTION: Duane and Shirl Miller, owners of the property at 1646 Forsythe Trail Drive (Lot #191 of the Bailey Station PD, Phase 3B), are requesting Board of Zoning Appeals (BZA) approval of a variance to allow the principal structure, with an enclosed porch/covered patio addition, to encroach up to 4.25 into the required 20-foot rear yard setback. KEY POINTS: The following key points may prove helpful to the BZA’s consideration of whether grounds exist for granting the variance request per the Standards for Variances criteria found in §151.309(F)(1), based on the applicant’s cover letter (Exhibit 1) and the other supporting exhibits. 1. The property is zoned R-3: High Density
Residential, but is within a planned development (PD). Lot #191 is a corner lot at the intersection of Peyton
Parkway and Forsythe Trail Drive. The house faces Forsythe Trail Drive, which makes
the westernmost property line a rear yard per Collierville’s Zoning Ordinance.
The Bailey Station PD was originally approved by Shelby County in 1993 but was annexed into Collierville in January 1994 and has been amended several times since then.
The Final Plat for Bailey Station PD, Phase 3B, which was approved by the Town in 1994, shows a 20-foot minimum rear yard requirement.
The 2,734-square foot house was constructed in 1998.
2. It is unclear when the patio covering was built, but
the current owners did not create the encroachment. The current owner purchased the property in August
2014 and did not plat the property, nor own the property when the existing house was built in 1998.
EXHIBITS
1. Applicant’s cover letter, including responses to Standards for Variances (received 7/17/17)
2. Variance Application Form (received 7/17/17)
3. Bailey Station PD Phase 3B Subdivision Plat (received 7/17/17)
4. Bailey Station Lot Layout (received 7/17/17)
5. Listing of nearby property owners and addresses (received 2/28/17)
6. HOA Approval Request by owners (received 7/17/17)
7. Photos of Existing Patio Covering (received 7/17/17)
8. Plot Plan with New Sunroom Footprint (received 7/10/17)
9. HOA Approval (received 7/10/17) 10. Standards for Variances Criteria Staff
Analysis (August 2017)
Figure 1 – Location Map
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When the current owners bought the home the covered patio on the rear/west side of the house, which encroaches into the rear yard setback, already existed.
The existing covered patio extends 9.58 feet from the rear wall of the house (measured along the southernmost side) and is 21.5 feet wide. The existing covered patio encroaches 4.25 feet into the 20-foot rear yard setback. Eaves are allowed to extend up to 24 inches into a required setback and the eave was excluded from this measurement
The applicants approached the Codes Division in June 2017 to obtain a building permit to convert the existing covered patio into a sunroom (Exhibit 1) but were informed that there was already an illegal encroachment and that permits could not be issued for the structure or to enclose the structure.
Town building permit records do not show that the patio covering was approved for construction in 1998 when the house was built and permits were never obtained for the patio covering.
The concrete patio (see Exhibit 7) was shown on the 1998 building permit records. The covered patio, as well as the proposed sunroom, provides shelter from a northwest exposure. The patio covering was designed to match the house. The sunroom enclosure creates habitable space and is considered by the Zoning Ordinance and Building
Code to be equivalent to an addition to the house.
3. There were alternatives to creating a covered porch that encroaches so deep into the required setback. The structure (built by others sometime between 1998 and 2014) could have been an open-air arbor or
pergola structure, which is allowed to extend into a required rear yard provided it does not have a solid roof covering. Such structures can provide effective shade based on angle of the sun and the positioning of the rafters.
A smaller covered patio could have been constructed by the original owner that only extended three (3) feet or less into the required setback, as porches can encroach into required yards provided the encroachment is for not more than 1/3 of the length of the house.
Evergreen landscaping could also be used to screen the house from afternoon sunlight.
4. The encroachment into the rear yard will not be injurious to other property in the neighborhood. The rear property line is adjacent to a large retention pond (part of Bailey Station Subdivision’s COS),
which minimizes potential negative impacts (see Exhibit 4) due to relatively long distances away from the private yards of other homes in the area.
An existing solid fence along Peyton Parkway adjacent to the subject property partially blocks visibility of the proposed sunroom from public view, although a more translucent ornamental fence along the common open space to the west allows views of the property from the west.
The HOA has approved the sunroom enclosure (see Exhibits 6 and 9) finding that it meets the private restrictions of the neighborhood.
Sketches or specifications for the sunroom were not provided. The does not have design review for single family homes in this zoning district or PD.
In order to grant a variance, the Board must find that there are exceptional physical conditions with the property that make a strict application of the requirements of the Zoning Ordinance an undue hardship or practical difficulty that would deprive the owner reasonable use of the property. The Zoning Ordinance states that a variance may only be granted if it will not cause “substantial detriment” to the public good and it will not substantially impair “the intent of the Zoning Ordinance.” The Ordinance requires the Board to review a specific set of criteria, Section 151.309(F)(1), in considering each request. The Board must find that the request meets the criteria based upon the evidence presented. If the
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request does not meet the criteria, it must be denied. The criteria (“Standards for Variances”) are stated in Exhibit 10. Responses from staff are in bold italics are included in Exhibit 5 after each criterion. The applicant’s full responses are found in Exhibit 1. EXAMPLE MOTION: To approve the applicant’s request of a variance (Exhibit 1) to allow a covered porch to encroach into the required rear yard setback at 1646 Forsythe Trail Drive, subject to the following conditions:
1. The enclosed covered patio structure can be no closer than 15.75 feet to the property line (measured from the walls). Eaves shall be permitted to extend up to 24 inches beyond the walls toward the rear property line.
2. All required permits shall be obtained from the Codes Division. 3. Any deviation from the approved variance shall require the approval of Staff and/or the Board of Zoning
Appeals.
CONTACT INFORMATION:
Property Owners Project Planner
Contact: Duane and Shirl Miller Jaime W. Groce, AICP (primary)
Sean Isham, AICP Organization: Planning Division
Address: 1646 Forsythe Trail Drive
Collierville, TN 38017 500 Poplar View Parkway
Collierville, TN 38017
Phone: 901-603-0978 901-489-6979
901-457-2360
Email: [email protected]
\ I EXHIBIT __ --!t ____ _
To: Town of Collierville
From:
Subject:
Board of Zoning Appeals
Planning Division
500 Poplar View Parkway
Collierville, TN 38017
Duane D. Miller
Shirl Taylor-Miller
1646 Forsythe Trail
Collierville, TN 38017
901.489.6979
901.603.0978
Request for Zoning Variance for our property:
1646 Forsythe Trail
Dear Board of Zoning and Appeals:
Please accept this cover letter of explanation with my application for a variance
based on the following circumstances:
Description of Property
Our house is located at 1646 Forsythe Trail. It is a two-story, pink-bricked building, with approximately 2,734 square feet, and the lot size is 10,311 square feet. Situated on a corner lot measuring approximately sides: 120.01' x 90'. The house was built in 1998, and a water retention pond is located at the back of the property.
Variance Request
On June 27, 2017, Mrs. Miller applied for a permit to enclose an existing covered porch, which is in effect, an addition to the home as it creates habital space. The house was built in 1998 and was in Collierville at the time it was built. Mrs. Miller noted that she was not the original owner of the house. It was noted by Code Division of Collierville that no permit records existed for the covered porch. It does not appear to have been built with the house and it appeared to encroach into the required rear yard of 20 feet. Sensing this was an old situation, Scott McCool in the code office requested that Jamie Groce review the PD records (was originally approved in the county) to verify that the setback is indeed 20 feet. Mr. Groce found that the 20 feet setback was well documented on the plat, and that is the correct setback.
We respectfully request a variance to the ordinance of the town of Collierville to encroach on the 20' rear property setback. We purchased the house in 2014. The previous and original owner added a covered porch over the patio. The covered porch's measurements are 9'7"on the south side, 21 '6" on the west side, and 11 '6" on the north side. The covered porch has a solid roof with no walls or screens. We are respectfully requesting your approval to enclose the porch into a sunroom using windows correlating with the windows on the house. The north and south ends of the sunroom would also have a white-paned, single, French door, therefore, matching the existing windows on the house. The property setback from the house to Mansfield Neighborhood line is approximately 1 O' from where the proposed back window wall.
Reasons for Variance Request
1. Most houses surrounding the water retention pond have a symmetrical lot size, which allows for them to have a porch or an enclosed sunroom without encroaching on the 20' setback.
2. The porch is on the west side of our house. The direct, western sun, especially in the late spring and summer months, hinders the use of that area.
Granting this variance would have no affect on the adjoining streets, public or private property.
1. Do the particular physical surroundings, shape or topographic conditions of the
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specific property involved result in a particular hardship upon the owner as distinguished from a mere inconvenience, if the strict application of this ordinance were carried out?
Yes, it does result in a hardship as it deprives us of a reasonable use of the property. The property sits on a wide, corner lot, and the backyard has no fence, but backs up to a retention pond. The back of the property is an open area. Given the property shape, we have very little space for enclosing the preexisting porch to protect the usage of the property from weather.
2. Are your reasons for the variance applicable, generally, to other property within the same zoning district? Most lots in the Mansfield Neighborhood surrounding the retention pond are of regular shape and have enough space to produce a covered or enclosed space without needing a variance to the rear of the building setback.
3. Will the variance will not authorize activities in the applicable zoning district other than those permitted by the zoning ordinance (example: retail sales in a residential zoning district allowed by a variance that allowd the owner build a detached garage)? None
4. Are financial returns only considered as a basis for granting a variance? If no, explain the other reasons why a variance is justified? Not applicable
5. Has the alleged difficulty or hardship has been created by any person having an interest in the property after the effective date of the zoning ordinance? No, the hardship was not created by any person having interest in the property after the effective date of ordinance.
6. Is the variance the minimum variance that will make possible the reasonable use of the land, building, or structure? Yes.
7. Will the granting of the variance be detrimental to the public welfare or injurious to other property or improvements in the area in which the property is located? Granting of the variance would not be detrimental to the public, as the structure would not
be blocking the view of the property behind us. The view from the back of our house is a small retention pond.
8. Will the proposed variance impair an adequate supply of light and air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values within the area? No, the granting of the variance will not adversely affect, endanger or diminish the property values in the area. The roofline of the porch is a continuence of the house's roofline. The sunroom would be constructed under the current roofline.
9. Will the variance interfere with or encroach upon a recorded public or private easement unless a written waiver has been executed by the owner of the public or private easement allowing the interference or encroachment? No, it will not encroach upon the easement.
Approval of the Town of Collierville Board of Zoning Appeals is respectfully requested.
Sincerely,
Duane D. Miller Shirley "Shirl" Taylor-Miller
TOWN OF COLLIERVILLE Planning Division Project ApPlication Form/Route Slip
Planning Division 500 Poplar View Pkwy Collierville, TN 38017
Telephone: (901) 457-2360 Fax: (901) 457-2354
Website: www.collierville.com
pp~c~~h Vosrllnce to ~Mroorn JhLJ-lo Forsy'-foc !rtU-L
Requested Meeting Oate(s) (if applicable): ON/a: DORT: DPC: DDRC: DHDC :
Which Project Planner(s) have you been working with? D Jaime Groce D Sean Isham D Diana Dubois 0 Nancy Boatwright D Scott Henninger D Matt Wilkinson DBMA:
DBZA: D Other: Date of your optional Pre-application / '1 / 7 Meeting with Staff prior to submitting: I+> - oC 7 -
Applicant's Contact Information: ,
Applicant Contact Name: D ua.ne o..r'd Shr(I ~fJ,"~wnerContactName: Business Name]) r Duane D, !UJ..' l!f-f l Business Name:
Owner's Contact Information:
Street Address: I (p 1../-b ;:::-or 5 gf he rM Street Address:
City: {!o I I 1 e ({/1 f ( e,, State: r tJ Zip: 38' 0 1'1 City:
~ qo1-l/3q-roc,74~1;?~a.ne,, _ . i¥h1 r I •. / . ...i ••
Celi~ {Of - (c, 0 3 -(~(lfs' .§ ail:t ;J ~ u:rhsc. • euv· rf ifii/te1 1. t3 0
Application Type(s) Check all that rp~y ~~ly: t~~-0 Preliminary Site Plan ~ fLV1 t.: 'I/( fJlf) , f D Final Site Plan (!J ().. / u D Site Plan Modification/Exterior Alteration O Sketch Plat (Subdivision) D Preliminary Subdivision Plat O Construction Drawings (for a subdivision) o Final Subdivision Plat (indicate type):
o Minor (affects 1 lot only or lot line shifts typically administrative review only)(2-lot subdivisions PC approval typically required but Preliminary Plat step can be skipped)
O Major (3 or more lots = PC approval required) D Rezoning Request D Conditional Use Permit (CUP) O Planned Development (Outline Plan & Pattern Book) 0 Planned Development Amendment(s):
o Minor (administrative) D Major (check all that may apply):
D Sign Policy Amendment D Outline Plan Text Amendment D Pattern Book Amendment
D Request to Vacate Easements D Street Closure Request O Zoning Ordinance Text Amendment Request O Land Use Plan Amendment Request O Major Road Plan Amendment Request D Annexation Request 0 Applications Unique to the Design Review Commission (DRC):
O Common Open Space Plan D Sign Policy Review (as part of a Planned Development) D Appeal of Staff Decision/Interpretation
State: Zip:
Desk: Fax:
Cell: Email :
Which of the following best describes the current status of your application? D ORT or Staff Review Stage JS- Publlc Review Submittal Stage (check all applicable public
Boards/Commissions that you anticipate will review your application)( consult the Preapplication Conference notes): D Planning Commission (PC) D Design Review Commission (DRC) D Historic District Commission (HOC) D Board of Mayor and Aldermen (BMA) )§. Board of Zoning Appeals (BZA)
D Missing Information: You already have a pending application but you are providing missing information to respond to a sufficiency review from your Project Planner
D Follow-up: You are submitting post-approval information to address conditions of approval CPC. DRC, BZA, HOC, DRTI
This portion to be completed by staff:
Project Planner Assigned: Appllcatlon
g ~:~el~~~~ i-=~..:;~~~"'~""'le_n_c_y------------~ D Diana Dubois Review Due Date: Q Nancy Boatwright f-'::S::::ta-.:,ff;:=-,:C.;...o;::.m.=m.:..e..:;n..:;ts;.;;..:.,:D,...u-e----------1
0 Scott Henninger to Develooment Tech.: 0 Matt Wilkinson Application will be 0 Other: Discussed at ORT on:
Internal Tracking Number(s):
DD#
Internal Routing: Q Development Services:
Q Development Director (Jay Cravens) Q Planning, Town Planner (Jaime
Groce) D Historic District Commission (HOC) Certificate of Appropriateness ORT# Q Planning, Project Planner (File Copy)
Q Codes (Tim Pendleton) Applications: O Exterior Alterations, Demolition, Relocation (also complete
separate CofA form) O Subdivision and/ or Common Open Space Plan D Other:
){' Board of Zoning Appeals (BZA) 00 Variance 0 Appeal of Administrative Decision D Other:
O Outdoor Event (Special Event Class II with a CUP Required from BMA)
0 Carriage Crossing Request (Tenant Elevations, Lighting, Signage)
D Cell Tower Co-Location O Homeowners' or Property Owners' Association (HOA or POA)
Restrictive Covenants D Other Application Type:
PC#
HOC#
DRC#
BZA# I
a 0 a a 0 a 0 0
Q Engineering (Steven Russell) Q Engineering (Dawn Weir) Q Development Technician (Mike Kelly)
Administration (Daniel Estes) Finance (Kate Watkins) Fire Administration (Scott Sumner) Parks and Recreation (Greg Clark) Police (Jimmy Anthony) Public Services (Clay Holabird) Schools (Nedra Jones) Economic Development (John Duncan)
.. ' -
Site Data and Information about the Subject Property AUTHORIZATION & ACKNOWLEDGEMENT: If the applicant (often the 1-:....,-,,---:----Tc:.c.;;..om;..;.1=c;ple""t.;;..e..;;;a.:..:.ll..;:;th'-"a;;;.;t""'m.:..:.a;:;.1y'-"-aou:.;01l""'"'y): _______ 4 design professional) is different than the property owner. the application must
Address of be signed by both parties. The developer (if different from the owner) Subject Property: Parcel I/we hereby certify that all information provided on this application and ID Number: contained within any submittal documents (cover letters, plans, maps, studies,
1-::Sc-u-:-b-d""iv-=i-s,....io-n---+---------------------t calculations, cost estimates, Development Agreement Information Sheet, etc) Name: is accurate to the best of my/our knowledge and that I/we are authorized to
1-:-L-o.,..t -------t--------------------i initiate this application for the affected property (if applicable). As applicants, Number(s): we understand that:
1-=T,,_o.,...ta..,.l ""'#,...o'"=f~----t--------------------i •This application becomes part of the Public Record of the Town of Proposed Lots: Collierville Subject Property •This application refers to the type of development applications indicated on Acreage: page 1 and the scope of work indicated on page 2 and that applications not
Existing: Proposed: expressly listed in this document will require an additional application to the Zoning Town. Information: •The applicant and owner bear the responsibility to submit a complete and
Dwelling Unit Information:
Existing: Proposed:
Nonresidential Building Square Footage:
Existing: Proposed:
Yes No
IMPORTANT: Each application must Indicate "yes" or "no" for submittal requirements provided as attachments to this application form. Applications without this table completed will not be processed. See checklists for list of submittal reauirements.
Completed Application Form (this form must be completed)
sufficient application package by the application submittal deadline. If all required materials/documents are not submitted to and received by the Development Department by the published deadline, the application will NOT be accepted for review or placed on a public meeting agenda.
•Approval of the proposed development is conditioned upon full compliance with all applicable regulations and ordinances of the Town of Collierville and any conditions imposed by the applicable Boards and/or Commissions of the Town (BMA, PC, DRC, HDC, BZA, etc).
•In cases where the applicant is not the property owner, it is also hereby acknowledged by the property owner that he or she is in full agreement with the content of this application.
By signing this application, the applicant (usually the design professional or owner), current property owner, and developer (as applicable) accept the above conditions.
t---t--- ---t1-D_is_c_lo_s_u_re_of_O_wn_e_rs_h_,1P,,_.ln_te_r_e_st_F_o_r_m _______ -1 ~plicant (if SU.fferent}r;pm the owner and develop~!): \,, " fl /7
uM1e._j/1 /VU.fief" ~/JJ. I~ Application Review Fee Total Amount Provided Shir I ~for-- !ti< 11, v - ~ ~ -7"'Y4,( ~4. )
t---t------t-P-ro_v_id_e_d_?-----~-S-------------t Applicant's Pfifltlld Name: ~tJ~ Date: 7111faci~ Development A<ireement Information Sheet (DAIS)
Cover Letter/Response Letter If submitting to respond to conditions of approval or formal staff comments an itemized response to each commenUcondillon 1s reauired
Electronic Submittal (4MB max file size) & Electronic Fee of $250 for certain applications is required 1n addition to APolicat1on Re11iew Fee
Indicate quantity of sets provided below See applicable checklist for orooer olan format and reauired sheets
Full Size Sets of Plans( all but one set should be folded)
Reduced Size Sets (1 1 x 17)
O~er(s)*: D "J /{ < ll<W1~ , '"". e .
J.i",A I ToL,/(or-111dlef Owner #1 's Printeo Name:
Date: 1/a botr( I I
Owner #2's Printed Name:
Date: _____ _
~b~ .../>li14tr i!A{' '~
Owner #1 's ~ailife:
Owner #2's Signature:
---+-----<f-"C...:.o.;..:lo'-r_R.;..:e;_n...::d...:.e'-n'-ng"':s:..._ ____ _________ ----1 Owner #3's Printed Name: Owner #3's Signature:
t---t-----<1-M-'a_te_r-'1a_ll_C--'o_lo'-r_S""'a_m __ •P-..l"'"es ___ ___ _ ____ _ ----1 Date: ____ _
Traffic Studv
Color Images and Graphics (Site Plan/Landscaping Plan. Architectural Rendering/Illustrations)
HOA Documents/Restrictive Covenants
Construction Drawmas (for a Subdiv1s1onl
Drainage Repon
Other Information
Owner #4's Printed Name: Owner #4's Signature:
Date: ____ _
Developer" (if different from the owner and applicant):
Developer's Printed Name: Developer's Signature:
Date: _ ___ _
• For Profit Entities. If the application is submitted on behalf of a for-profit entity, i.e. t--- - t------t------ - --- ------- --- - -1 general partnership, limited partnership, corporation, limited liability company, Real
Other Information
7/18/16
Estate Investment Trust (R.E.l.T.), a trust. or any other form of for-profit business entity, an authorized representative of the owner must provide the names and business or home addresses of all officers and directors, and, persons or entities which own 10% or more of the ownership interests. If applicable, use separate Disclosure of Interest Form.
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Page 2 of 2
PHASE 2' (UNDER CONSTRUCTION)
£ THIS PLAT IS BEING RE- RECORDED TO REVISE LOTS 195 8. 196.
LINE DIRECTION DISTANCE L2 S8712'58 E 166.79 L3 N02'22'39"E 360.96 L9 S871258"E 245.23 L11 N02'22 39··E 155.50 L12 N02'22'39"E 22.11· L13 N871258"W 520.51 L20 N2416 52"W 90.74 L26 S39.i9'42 W 15.59 L27 S3919'42"W 7.90' L28 S02'22 39"W 14.21 L29 so2·2239 w 21.96 -C;36 502'2239 'II ~
LJ3 S8T1256"E 9.50 L34 N6712'58"W 9.50 L35 S8T37 34"E 9.50 L36 N8T37 34'W 9.50 L37 N02"22'39"E 15.48
LOT AREAS LOT fl SQ. FT. MIN. FF LOT II 143 9,022 347.5 172 144 9,022 349.0 173 145 8,612 352.5 174 146 8,403 354.5 175 147 8,397 357.0 176 146 8,469 357.5 177 149 9,956 357.5 178 150 9,805 354.5 179 151 9.043 350.5 180 152 9,022 347.5 181 153 9,022 347.0 182 154 9,022 347.0 183 155 8,400 350.5 184 156 8,400 350.5 185 157 8,400 349.5 186 158 8,40(J 349.5 187 159 8,154 351.5 188 . -- -- . - . - -
I
PHASE 3A (UNDER CONSTRUCTION)
LM2770 11/18/2001-13:07:39
S87'12'58"E 35.00'
'l•lt: Su•dM1IH 5 0 1/C: 2l - HARRY rLUNK
SQ. FT. 9,600 9,600 11.268 10,475 8,639 8,753 9,909 12,571 11,328 9,185 8,620 9,505 11,731 10.877 8,836 8,637
~·~~z
PLAT BOOK: 1 9 6 PAGE: 5
N8712'58"W 7.94'
4 5. 0 0 2 • 0 0
0 3 l'llGl AOOEO: N GROUP 10: XOD102471T
ITAU ti TENNUl!t, COUNTY ti IHfllY Tom Leetherwood, HSllTER
MIN. FF 356.0 *"2.() '!>?A.5 360.5 360.5 360.5 360.5 360.5 360.5 360.5 360.5 359.5 357.5 356.5 354.5 352.5 349.0
DAVID HALLE DM-7818 DT-1658
N8T37 34 W 239.00' .
N02.47'02"E
N8712'58MW 36.71'-
No2·22'26"E 161 .00'
PARCEL.., /1 . 1 DISTRICT 2 - MAP 43 - PARCEL
FINAL PLAT or PHASE 38
BAILEY STATION P n
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184
-D-A-TE ___ C.L·- 3ee"tGr1::;:p~::~=;;G COMMISSION
TOWN OF COLLIERVILLE
DATE MAYOR, TOWN OF COLLIERVJL E
EXHIBIT · ~
5• VTIL EAS. fn!>.)
MARY PORTER & JOEL PORTER BG-8373
\
GRAPHIC SCALE 100 0 150 100 200 -
i.. .... i.....i 1---·1 ~r-..~ ..... -----L:::I-- -( IN FEET )
1 Inch • 100 ft.
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EXHIBIT
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Address Lot I
------~----~~~-~-~~~-----~~------~~~-~-~---~~~~~--~~-~~-~---WINCHESTER
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7
STATION
Forsythe Trail and McCall Cove Neighborhood (Surrounding Retention Pond)
Name
Forsythe Trail
Address
Duane and Shirl Miller 1646 Forsythe Trail
Doris Mclendon
Nannie Rice
Jim and Lyn Pelt
Terry and Leia Han
Bret and Blair Mize
Charles and Robin Lefler
Joe and Mary Filipiak
Chuck and Melodie Shwam
Keith and Nancy Fulfer
William and Margaret Jones
Bill and Sandy Crawford
McCall Cove
Peter Tosches
1650 Forsythe Trai l
1654 Forsythe Trail
1658 Forsythe Trail
1668 Forsythe Trail
1672 Forsythe Trail
1680 Forsythe Trail
1688 Forsythe Trail
1694 Forsythe Trail
1702 Forsythe Trail
171 O Forsythe Trail
1716 Forsythe Trail
145 N. McCall Cove
l 7 L.
Mt. •pd M('S. Duan~ t.-tilltr
1646 'ofsythe Trail
Colllervllle, TN 38017
Attention: Man$fie1d Homeowners' Association
OESCRIPTlON OF PORCH MODIFICATION (16116 Forsythe! Trail)
Our plans are to make the foll owing modifications.:
-·The back porch to our home will be enclosed with matcl\lng pane
windows and French d0«s to produce a sunroom.
--The north and south ends of the porch will each hve one window unit consisting of two windows and a Frnnch door.
--The west end of thC! porch facing the lake will consist of two three·wlndow units, thus e-quallng six windows.
--A small, white, two-foot rail will be constructed ;iround the top or the s lanted roof, thus giving It a Southern, square look at the top, instead of the slanted look. Appropriate g1,1tter system will be Installed to ellll the water.
-·Trim and rails and any o1her wood wlll, of course, be painted white to match all of our paint and h'im that curreotly exists on the nouse.
The construction for this JMoject has bel'n estlmated at approximately hvo days. Please be In contact with us as soon a5 possible relative to this matter. Our plans are to Initiate the sunroom project July 17. Your assl,\Qnco 1n this. matter Is greatlv appreciated.
Thank you.
Duane and Shlrl Miiier
4
v - 1 7 L-I
==----- -1
EXHIBIT -----
7 L,..
5 I
--
,.,
6
...
7
South 9'7"
~o· MI~. REAR YARD
Ll~E
N -~ ... F;.™\ o I ....... . . r O r:u:v 3"2 ~
30' MIN. BUILDI~G
Ll:KE--+-11111 PVll'! m 111 a • 1'11111 a. IK'l1 !n t'l Mll:'lillm~m 11111 :m:J" II - !'111 lll'.a.
Sunroom proposed
West NortRXHIBIT --.::...___ __ _ 21'6" 11' 6"
90.00' s· -;n.. !Slli
___ 8_~_·-~ .. .19. CENTER Qf SIF.EU
10· ~ar.r !IPJI'!
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EXHIBIT _______ _
July 10, 2017
Mr. and Mrs. Duane Miller
1646 Forsythe Trail
Collierville, TN 38017
Dear Mr. and Mrs. Miller:
MANSFIELD
HOMEOWNERS' ASSOCIATION
PO BOX 942
COLLIERVILLE, TN 38027
901861-3474
RE: Porch Enclosure
The Architectural Control Committee has approved your request to enclose your back porch with windows and a door as submitted. Thank you for submitting as required by the Covenants and Restrictions.
Regards,
Daphne Winton
Property Manager
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Exhibit 10 BZA’s Standards for Variances
1646 Forsythe Trail Drive
1. The particular physical surroundings, shape or topographic conditions of the specific property involved would result in a particular hardship upon the owner as distinguished from a mere inconvenience, if the strict application of this ordinance were carried out. The lot has a regular shape; however, related to the particular physical surroundings, most R-1 lots in Town don’t back up to common open space (COS) (see also Criteria #7).
2. The conditions upon which the petition for a variance is based would not be applicable, generally, to other property within the same district. The condition caused by the particular physical surroundings is not applicable, generally, to other property throughout Collierville within the R-1 District, as most lots in Town do not back up to COS. However, the conditions are similar to 12 lots on Forsythe Trail Drive and McCall Drive as they also back up to the same COS lot.
3. The variance will not authorize activities in a zone district other than those permitted by this ordinance. The variance will not authorize activities or uses other than those permitted by ordinance in the R-3 zoning district. An attached, covered and enclosed porch is allowed in the R-3 zoning district.
4. Financial returns only shall not be considered as a basis for granting a variance. There are factors other than financial gain being considered, such as physical characteristics of the lot (see Criteria #1 and #2).
5. The alleged difficulty or hardship has not been created by any person having an interest in the property after the effective date of this ordinance. The owner purchased the property in August 2014 and did not plat the property, nor own the property when the existing house was built in 1998. When they bought the home the covered porch, which encroaches into the rear yard setback, already existed. Town building permit records do not show that the patio covering was approved for construction in 1998 when the house was built and permits were never obtained for the patio covering. It is unclear when the patio covering was built, but the current owners did not create the encroachment.
6. The variance is the minimum variance that will make possible the reasonable use of the land, building, or structure. Alternatives clearly existed to creating an encroachment into the required rear yard for the addition of a covered and enclosed patio (landscaping, smaller encroachment, open air arbor). The BZA should consider if the depth of the structured needs to be 15.75 feet from the property line to adequately shelter the rear of the house from the sun.
7. The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the area in which the property is located. The requested variance will not be detrimental to the public welfare or injurious to other property or improvements in the area as the encroachment into the minimum required rear setback line is adjacent to a large retention pond (part of Bailey Station Subdivision’s COS). The HOA for Bailey Station Phase 3B has approved the requested enclosed patio.
8. The proposed variance will not impair an adequate supply of light and air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values within the area. The requested variance will not impair an adequate supply of light and air to adjacent property, substantially increase the congestion in public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values within the area (see also Criteria #7).
9. The variance shall not interfere with or encroach upon a recorded public or private easement unless a written waiver has been executed by the owner of the public or private easement allowing the interference or encroachment. There is a 5-foot landscape and utility easement along the rear lot lines. The requested variance will not interfere with or encroach upon a recorded public or private easement.