Board of Zoning Appeals finds no variance required to restore gas station at 1006 East Depot Street

The Shelbyville Board of Zoning Appeals on an unspecified meeting date concluded that restoring a fuel station and convenience market at 1006 East Depot Street does not constitute an expansion or change of use requiring a variance and may continue as a legal nonconforming commercial use.

The finding matters because the property sits inside an R-3 residential zoning district although the city’s future land-use guidance designates the Depot Street corridor for commercial activity. The board’s vote means the applicant can pursue redevelopment under the nonconforming-use provisions — subject to the city’s site-plan, setback and permitting requirements — rather than seeking a rezoning or a use variance.

Planning Director Tom presented the staff analysis, noting the building was constructed in 1971 and has a history of retail and fuel-related uses. Tom said the site "was a convenience market, around 1992," and cited a TDEC (state environmental) permit record showing removal of underground storage tanks in 1992. He told the board the zoning around Depot Street has changed over time and the property is currently a legal nonconformity under the R-3 district. "This board can look at a use and whether or not it is compatible or more compatible for that neighborhood," Tom said during the presentation.

Board members debated whether the application should be treated as a use variance or as a continuation of a nonconforming C-2 commercial use that predated the R-3 designation. Several members raised technical concerns: the building’s rear setback likely does not meet current commercial (C-2/C-3) standards; parts of the site lie near a floodplain; and restoring gasoline sales would introduce additional lighting, signage and noise that could affect an adjacent single-family house built in 2009.

Staff and board members discussed mitigation steps that would be required under typical site-plan review, including a photometric plan, canopy height limits and screening (fencing and landscaping) to reduce light spillover and noise. Tom showed lighting examples and said a canopy for fueling is typically elevated and requires full-cutoff fixtures to limit glare.

The board also reviewed the ordinance provision the applicant invoked (Article 6, section 6.3(c)), which allows the BZA to determine whether changing from one nonconforming use to another is "more compatible" with surrounding uses. Some members said the code language and the finding standards are awkwardly worded and debated how strictly all criteria must be applied for this type of review.

After discussion, a motion that the "board does not find that there is an expansion or change of use that requires a variance in this instance; that they are continuing with the current nonconforming use" passed on a roll call with five yes votes. Member Ethel Patterson, Member Perkins, Member Armstrong, Council member Noelle and the chairman all voted in favor.

The board’s determination does not waive site-level requirements. The applicant will still need to satisfy permitting, setback, site-plan and environmental requirements during the city’s development-review process and meet any supplemental regulations for fuel sales before construction or reopening. Staff noted the site-plan review process typically requires a photometric (lighting) plan and other measures to mitigate impacts to adjacent residential properties.

The item drew extended board discussion but no public speakers were recorded in the transcript excerpt. The board moved promptly to adjourn after concluding the matter.

Ending: The board’s ruling lets the applicant pursue redevelopment of 1006 East Depot Street under the city’s nonconforming-use provisions; the timeline for any reopening will depend on the applicant’s compliance with site-plan reviews, setback corrections and required permits.