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Record of Proceedings

Board of Zoning Appeals Meeting - May 13, 2025: Madonna Learning Center Variance Approved

Board of Mayor and Aldermen & City Boards — Tuesday, May 13, 2025
BodyGermantown, Tennessee
SessionBoard of Mayor and Aldermen & City Boards
DateTuesday, May 13, 2025
StatusFILED
Video Record
0:00 / 14:57

Original source
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0:00

You want me to go?

0:01

You ready?

0:04

Okay, good afternoon, everybody.

0:06

This is the May 13th meeting of the Board of Zoning Appeals and called the meeting to order.

0:14

I've got two announcements to make.

0:17

What?

0:20

Oh, okay.

0:25

I think you're over here.

0:29

Oh, Rick, you're over here.

0:36

You're bad.

0:37

All right.

0:38

First, we are a quasi judicial body, and therefore anyone who speaks before the body tonight, including staff, will need to be sworn in.

0:46

At this time, I would like to swear in the staff.

0:49

Would you please raise your right hand?

0:54

Okay.

0:55

Do you swear to tell the truth the whole truth and nothing but the truth?

0:58

So I hope you got it.

0:59

I do.

1:00

Okay, thank you.

1:01

Second of all, all our motions are made in the affirmative affirmative.

1:07

As a result of that, it does not necessarily mean the person making the motion or seconding the motion will actually vote for the motion when the roll is called.

1:17

Anyone wishing to speak to us tonight when you come to the podium, you'll need to be sworn in.

1:22

We ask that you please state your name and address loudly so it can be entered into the record.

1:28

Will the secretary please call the roll so we can establish quorum?

1:34

Ms.

1:34

Meanwhile.

1:35

Here Mr.

1:38

McDermott.

1:39

Here.

1:40

Mr.

1:40

Town.

1:41

Here.

1:42

Mr.

1:42

Bland.

1:43

Here.

1:43

Alderman Gibson.

1:44

Here.

1:45

Chairman Yulehorn.

1:47

Here.

1:48

All right.

1:50

The next item on the agenda is to approve the minutes from what date was that?

1:55

That was March.

1:58

Perform our March Board of Zoning Appeals meeting.

2:01

May I have a motion?

2:02

Move to approve the minutes.

2:04

Second.

2:06

All right.

2:06

Well, Secretary, please call the roll.

2:10

Ms.

2:10

Meanwhile.

2:11

Yes.

2:12

Mr.

2:12

Jacobs.

2:14

I'm sorry.

2:14

Mr.

2:15

McDermott.

2:16

Yes.

2:16

Mr.

2:17

Town.

2:17

Yes.

Discussion Breakdown — Share of Meeting
Zoning█████████████████████████████████████████████54%
Procedural███████████████████████████████37%
Engineering And Infrastructure████████9%
Summary of Proceedings

Board of Zoning Appeals Meeting - May 13, 2025

On May 13, 2025, the Germantown Board of Zoning Appeals held a public hearing to consider a variance request for parking in the front yard setback area for the Madonna Learning Center expansion. The board unanimously approved the variance after discussion of topographical constraints and the site's long-standing non-conforming use.

Consent Calendar

  • The board unanimously approved the minutes from the March 11, 2025 meeting. (Vote: 6-0)

Public Comments & Testimony

  • Greg Markham (Reeves Firm Engineers, representing Madonna Learning Center) spoke in favor of the variance. He explained that the existing parking lot has been in the same location for decades (originally part of an old church) and that the proposed expansion aligns with the existing circulation pattern. He noted that a turn lane on Poplar Avenue is desired but complicated by adjacent property owners and the need for state-led road widening.

Discussion Items

  • Staff Report (Sarah): The property is zoned R-1 Low-Density Single-Family Residential. The variance is needed because the proposed parking extends into the 40-foot front yard setback. Staff noted that parking has existed in that setback since at least 1983, and the site has a 15-foot grade drop from front to middle, creating an exceptional topographical condition. The parking is entirely on the applicant's property, not in the right-of-way. The planning commission approved the site plan on the condition that the variance be obtained.
  • Board Questions: Members asked about the grade change, the possibility of future road expansion (Poplar Avenue improvements forecast for 2050), and the alignment of the parking. It was confirmed that the parking lot will be parallel to Poplar Avenue with some landscaping in the right-of-way buffer.
  • Board Discussion: Chairman Yulehorn noted the exceptional topography, the site's location on a busy state highway, and the 40-year history of parking in the same footprint as factors supporting the variance. Members praised Madonna Learning Center as an asset to the community.

Key Outcomes

  • Motion: To approve a variance for parking in the front yard setback at 7007, 7035, and 7045 Poplar Avenue, subject to staff comments and the submitted site plan.
  • Vote: Unanimous 6-0 in favor.
    • Ms. Meanwell: Yes, due to exceptional topographic conditions resulting in peculiar and exceptional practical difficulties.
    • Mr. McDermott: Yes, same reasons.
    • Mr. Town: Yes, same reasons plus the longevity of the site's use.
    • Mr. Bland: Yes, due to other extraordinary and exceptional situations resulting in peculiar and exceptional practical difficulties.
    • Alderman Gibson: Yes, for reasons stated previously.
    • Chairman Yulehorn: Yes, based on safety and topographical concerns.
  • The approval allows the project to proceed to the Design Review Commission for next steps.

Meeting Transcript

You want me to go? You ready? Okay, good afternoon, everybody. This is the May 13th meeting of the Board of Zoning Appeals and called the meeting to order. I've got two announcements to make. What? Oh, okay. I think you're over here. Oh, Rick, you're over here. You're bad. All right. First, we are a quasi judicial body, and therefore anyone who speaks before the body tonight, including staff, will need to be sworn in. At this time, I would like to swear in the staff. Would you please raise your right hand? Okay. Do you swear to tell the truth the whole truth and nothing but the truth? So I hope you got it. I do. Okay, thank you. Second of all, all our motions are made in the affirmative affirmative. As a result of that, it does not necessarily mean the person making the motion or seconding the motion will actually vote for the motion when the roll is called. Anyone wishing to speak to us tonight when you come to the podium, you'll need to be sworn in. We ask that you please state your name and address loudly so it can be entered into the record. Will the secretary please call the roll so we can establish quorum? Ms. Meanwhile. Here Mr. McDermott. Here. Mr. Town. Here. Mr. Bland. Here. Alderman Gibson. Here. Chairman Yulehorn. Here. All right. The next item on the agenda is to approve the minutes from what date was that? That was March. Perform our March Board of Zoning Appeals meeting. May I have a motion? Move to approve the minutes. Second. All right. Well, Secretary, please call the roll. Ms. Meanwhile.

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