Walden residents have long considered the old BP gas station at the top of the W Road an eyesore for the community, but its time on the mountain may soon come to a close.
During its regular meeting July 11, the Walden Town Council made an amendment to its zoning ordinance that could allow Noon Development, LLC to build on the site.
The change was made just months after the Chattanooga-based developer submitted a request for variance to construct a medical center where the inoperable gas station now stands.
The gas station, which currently serves as a bus depot, is currently zoned C-1 for general commercial use. According to the pre-amended zoning ordinance, no building or structure in a C-1 zone can have a footprint larger than 5,000 square feet, but Noon Development requested a variance up to 10,000 square feet.
Criteria for special permits
The Board of Mayor and Aldermen may grant a Special Permit from the maximum footprint size based on one or more of the following criteria:(a) The applicant presents an alternative that complies with the state intent, goals, and general standards of the zone as defined in the Zoning Ordinance.(b) The proposed maximum footprint is consistent with adopted plans and principles for the area.(c) The proposed maximum footprint is compatible with the character of the area where it is proposed, and with the size and location of the buildings in the vicinity.(d) Physical conditions of the property, such as steep slopes, drainage or sewer easements, or small or irregular lot shape make compliance of the maximum footprint requirement impossible.Source: Town of Walden
Though council members and residents present during the initial May discussion seemed favorable of a medical development, citing benefits related to aesthetics and convenience, Town Attorney Sam Elliott said the developer had not submitted a proper variance request.
Variances, he explained, are granted when a particular condition on a piece of property prohibits it from being fairly used by the owner. Examples of such conditions include steep slopes, irregular lot shape or other unique characteristics not found on properties of the same size throughout the town.
Elliott pointed out that the request had no reference to such conditions, and said allowing variances without proper and consistent reasoning would be like "opening Pandora's box," leading to questions when one developer's request is approved but not another's.
The recent amendment to the zoning ordinance will allow buildings or structures greater than 5,000 square feet to be placed in a C-1 zone, but only if the town council grants the developer a special permit, which they must apply for. Officials may only grant special permits if the applicant meets at least one of four set criteria listed in the ordinance.
In addition to these criteria, the applicant must also provide a site plan depicting the proposed use of the property, as well as proof of necessity and absence of harmful effect on surrounding property. The council will also have professionals at the Chattanooga-Hamilton County Regional Planning Agency evaluate the application and give a recommendation, though the town is not obligated to adhere to the suggestion, Elliott said.
Noon Development - or any other developer - is free to apply for the special permit to build at the site of the gas station, though as of press time, no entities had submitted such applications to work on the lot.
If a developer did build on the land, Mayor Bill Trohanis said the buses parked at the gas station would likely be moved to another BP station-turned-depot in Red Bank belonging to the bus owner.