Agenda - Planning Commission - 07/01/2004

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May 25, 2004 -- Page 3 First, the proposed structure of 6,400 square feet was more than 5,000 square feet larger than perm/ssible. In the past decade, only four special ex- ceptions were granted by the board, and the largest exception was for a struc- ture that was 2,100 square feet. Consequently, Alien's requested special ex- ception would have been for a structure three times the size of the largest exception permitted during the previous decade. Second, Allen intended to use the barn for commercial purposes although the property was zoned for agricultural and residential use. If the city allowed Allen to build a commercial barn, that action would be inconsistent with the zoning ordinances because it would permit a substantial commercial use of property in an area designated for:residential use. Third, a neighbor testified the barn would devalue his property. The neigh- bor 'planned to develop his land for a housing developmen{i and the barn wouldn't be conducive to neighboring residential uses. Under the zoning code, special exceptions could not be granted if they created adverse impacts on neighboring properties. see also: Pick-N-Puli A~Lro Dismantlers v. Zoning Board of Adj~srment of City of Fort Worth, 45 S.W. 3d 337 (2001). see also: So,trhwesr Paper Stock Inc. v, Zoning Board of Adjustment, 980 & l, V2d 802 (1998). Grandfather Clause m Landowner prepares property for auto shop Works on no cars until after new ordinance passed Citation: Campbell v. Bed~brd County Regional Planning Commission, Court of Appeals of Tennessee, ar Nashville, No. M2003-OOO25-COA-R3-CV (2004) TENNESSEE (03/29/04) ~ Campbell lived on a one-acre tract for 26 years, [n addition to his full-time job, he operated a hobby or part-time body shop in the garage. He also did general contracting, electrical, plumbing, and repair work. Two years before the county adopted a new zoning ordinance, Campbell bought a 7.5-acre parcel in front of his residence. He wanted to construct a new building and expand the body shop business. He moved cars from his residence to the new property, and, one year prior to passage of the new ordinance, he cleared and leveled the land for the build- ing site and brought in gravel, set poles, built a roof, and poured concrete for the building. Campbell contacted the Emergency Management Center for a business address and had business cards printed. Campbell obtained tax advice, addi- tional insurance, and a business phone. In 1997, siding was installed on the building, followed by wiring and insu- lation. He also installed metal inside walls, a car lift, and an air compressor. (cD 2004 Qu/nlan Publishing Group. Any reproduction is prohibited. For more iaiorrnatioa please cai((617) 542-0048. 89