On the agenda: Bristol meeting — Data Center (Aug 20)

BRISTOL TENNESSEE
BOARD OF ZONING APPEALS
AGENDA
Ewell L. Easley Annex Conference Room
104 8th Street | Bristol, TN 37620
August 20, 2026
11:00 AM

I.

CALL TO ORDER AND ROLL CALL

II.

UNSCHEDULED COMMENTS FROM THE PUBLIC

III.

APPROVAL OF MINUTES
April 16, 2026

IV.

OLD BUSINESS

V.

NEW BUSINESS
A. Election of Officers
1. Chair
2. Vice-Chair
3. Secretary
B. Variance – 113 Meadowood Drive
C. Variance – 220 Earhart Road

VI.

OTHER MATTERS
Training Update – Current Hours Status

VII.

ADJOURNMENT

BRISTOL TENNESSEE BOARD OF ZONING APPEALS MINUTES
Ewell L. Easley Annex Conference Room
104 8th Street | Bristol, TN 37620
April 16, 2026
11:00 AM
Members Present:
Wesley W. Walker, Chair
Kelly Graham, Vice Chair
Dustin Goforth, Secretary
Members Absent:
Mahlon Luttrell
Katy Stigers

Staff Present:
Cherith Young
Ross Peters
Heather Moore
Steve Blankenship
Nicole Lawrence
Cari Seaton
Brian Ramsey

CALL TO ORDER AND ROLL CALL
Chair Wesley Walker called the Bristol, Tennessee Board of Zoning Appeals meeting to order at
11:00 am on Thursday, April 16, 2026. A roll call was performed, and a quorum was declared
present.
UNSCHEDULED COMMENTS FROM THE PUBLIC
None.
APPROVAL OF MINUTES
Kelly Graham motioned to approve the March 19, 2026, meeting minutes. Wesley Walker
seconded the motion. The motion was approved by unanimous vote.
OLD BUSINESS
A. Variance - BZA26-01 – 208 2nd Street
Applicant: Todd Barrett
Request: A Variance to Chapter 2, Section Z-213 of the Zoning Ordinance.

Board of Zoning Appeals Minutes

April 16, 2026

Page 1 of 4

Cherith Young, Director of Community Development and Planning, presented this item to the
board. This item was deferred from the March 19, 2026, Board of Zoning Appeals meeting to
allow the applicant and staff to further review options for paving on his property.
The property is zoned M-2 (General Industrial Zone) and is approximately 0.55 acres. Per the
deed of record, the dimensions for the lot are approximately 131’ x 175’. The lot has 130.5 feet
of road frontage on 3rd Street and 132.2 feet of frontage along 2nd Street. This property was
previously granted a setback variance by the Board of Zoning Appeals on May 15, 2025. The
variance allowed a twenty (20) foot variance from the side yard building setback requirement,
creating a ten (10) foot side yard building setback to allow a ninety (90) foot wide building.
A site plan for the subject property was reviewed and approved on November 4, 2025. The
approved site plan illustrates the proposed development, including designated paved entrances
and exits to provide vehicular access to the property. In addition, the plan identifies ten (10)
exterior off-street parking spaces to be constructed with a paved surface in accordance with the
requirements of the City of Bristol, Tennessee Zoning Ordinance. A combination permit for the
building was issued on December 30, 2025.
During the site plan review process, staff review all commercial site plans to ensure they meet all
requirements of the zoning ordinance. This includes compliance with section Z-213 which states
“All driveways, parking spaces, parking lots, circulation aisles and entrances (collectively "parking
areas") shall be paved with asphalt, concrete, impermeable or permeable pavers, or similar type
material approved by the City, except those serving single and two-family detached dwellings,
agricultural uses, campgrounds or temporary parking lots as proved in Subsection (c) below. Each
parking space shall be unobstructed and independently accessible from a circulation aisle or
driveway that is connected to a public or private street or alley. For industrial use, all required
parking areas shall be paved. This requirement shall apply to all new developments and to the
redevelopment or change of use of an existing development requiring the submission of a site
plan in accordance with Chapter 10”.
The property owner is requesting a variance from the paving requirements outlined in Chapter
2, Section Z-213, citing inadequate drainage along 2nd Street, particularly the front portion of
the subject property. According to the owner, frequent pooling of water in this area would likely
reduce the lifespan of any newly paved surface, resulting in increased long-term maintenance
costs. Mr. Barrett also noted that complying with the paving requirements outlined in Section Z213 could further highlight and potentially exacerbate the ongoing flooding issues along 2nd
Street.
Staff and the property owner, Mr. Todd Barrett, who was present at this meeting, have devised
an alternate plan for the board to review. The staff also presented a Drainage Analysis, prepared
with assistance from Mr. Brian Ramsey of the Public Works Department.
The analysis states the following: The site at 208 2nd Street lies at a lower elevation than the
surrounding areas, collecting runoff that converges from higher ground. According to USGS

Board of Zoning Appeals Minutes

April 16, 2026

Page 2 of 4

Stream Stats, the site is within a 0.06-square-mile drainage basin (approximately 38.4 acres).
The city street lacks stormwater infrastructure to channel runoff downstream. Based on
observations, stormwater primarily enters the property from adjacent higher-elevation areas,
other than the street.
Though the project was not required to submit a stormwater plan, the property owner is
expected to follow best management practices, including erosion and sediment control devices
and practices, to mitigate on-site and off-site drainage issues. The variance requested is to use
gravel rather than pavement for parking areas. It is important to note that gravel is considered
an impervious material from a stormwater perspective; compacted gravel is treated the same
as asphalt or concrete. Our department has noted that there has been mud tracked into the
city street from the project site during construction.
Solutions such as a trench drain system could be installed to protect the building. There could
also be an opportunity to improve the site's soil by bringing in new soil to enhance on-site
infiltration. The applicant may also consider raising the site with additional fill, such as shale or
slate, to improve drainage from the building.
The analysis shows that street drainage is a separate issue. The drainage concerns do not justify
deviating from the Zoning Ordinance's paving requirements. Paving with an approved hard
surface—such as asphalt, concrete, or permeable pavers—will not worsen off-site drainage
impacts. Using appropriate paving materials, combined with proper grading and stormwater
controls, supports better drainage and ensures the site's long-term functionality.
Mr. Barrett presented an alternative plan to the board, which included paving the two driveway
entry ways from the street up to the building; he would only place gravel on the actual parking
lot area.
The board discussed this option at length and felt that, given the lot's topography, this solution
made the most sense for Mr. Barrett. (The site plan for the proposal will be attached to the
minutes for reference. The board asked Mr. Ramsey, the Director of Public Works, if the city had
any plans to place drainage on 2nd Street or curbs, and the answer was no, not at this time. The
board also asked Mr. Ramsey whether the topography of the applicants’ lot could be a flooding
issue. Mr. Ramsey stated yes, this lot is ultimately in a “bowl”.
Motion to approve the variance request at 208 2nd Street as presented on the site plan due to
the topography of the lot
MOTION: Graham
SECOND: Walker
FOR: Kelly Graham, Dustin Goforth, Wesley W. Walker
AGAINST:
Motion Carried

Board of Zoning Appeals Minutes

April 16, 2026

Page 3 of 4

NEW BUSINESS
ADJOURNMENT
With no other matters to present to the Board, Chair Wesley Walker adjourned the meeting at
11:34 am.

_________________________
Wesley W. Walker - Chair

Board of Zoning Appeals Minutes

April 16, 2026

Page 4 of 4

Community Development and Planning Memorandum
26-34
August 20, 2026
TO:

Honorable Chairman and Board of Zoning Appeals Members

FROM: Carty Leonard, Planner
SUBJECT: Variance – 220 Earhart Road
A Board of Zoning Appeals (BZA) application (see attached) was received on July 16, 2026,
requesting a variance to Chapter 2, Section Z-212 Location of Accessory Structures on Residential
Lots. The applicant information is as follows:
Denise Milhorn
220 Earhart Road
Bluff City, TN 37618
Ms. Denise Milhorn submitted an application to the Board of Zoning Appeals (BZA) for a variance
that would permit an accessory structure to be located in the front yard of her property. This
application followed the denial of a building permit due to the proposed location of the structure.
After her submission, staff determined she would need a variance for the accessory structure's
location, as well as a size variance and a variance to the front and side setbacks. The property is
zoned R-1A (Low Density Single Family) and is approximately 2.39 acres in size. The lot has
approximately sixty (60) feet of road frontage along Earhart Road and is considered a flag lot. The
property was annexed into the city on May 6, 1998.
The front building setback for the zone is thirty-five (35) feet from the front property lines, and the
side building setbacks are ten (10) feet from the side property lines per Chapter 3, Section Z-312 of
the Zoning Ordinance. Based on the aerial imagery, the applicant has already begun construction of
the proposed accessory structure (30’ x 60’); it would likely not be able to meet the front and side
yard building setback with its proposed location and size within the pipe stem of the lot. The Zoning
Ordinance requires an accessory structure to adhere to the residential setbacks of the zone when
the structure is over twelve (12) feet in height. The proposed accessory structure is roughly eighteen
hundred (1,800) square feet, whereas the primary residence is roughly one thousand and fifty-four
(1,054) square feet. This would make the new structure larger than the primary residence, requiring
an additional variance to comply with the zoning regulations. Lastly, the proposed structure will be
positioned in the front yard of the lot, which would require a variance to Chapter 2, Section Z-212
Location of Accessory Structures on Residential Lots.
The lot does have a grade/elevation change with an upward slope from the area where the proposed
accessory structure is planned and the front of the primary residence, with roughly fifty-four (54)
feet of elevation change. A plot plan and building construction plans will be required for submittal

and approval before any permits can be issued. During the site plan review process, staff reviews all
site plans to ensure that the plan meets all requirements of the zoning ordinance.
The property owner is requesting a variance from the setback requirements outlined in Chapter 2,
Section Z-212, Location of Accessory Structures on Residential Lots. The request is based on the
placement of the existing home and the lot's topography, which restricts the usable area available
for an accessory structure.
The proposed accessory structure is a high tunnel greenhouse funded by a grant from the USDA
(United States Department of Agriculture) and NRCS (Natural Resources Conservation Service) for
conservation and is intended to be used for noncommercial gardening and food production. The
high tunnel greenhouse will be unheated (30’ x 60’) structure with ground stakes, consisting of 3'6"
roll up sidewalls, galvanized 1 5/8" industrial tubing (16 gauge) and covered with 6 mil Clear, UVtreated Poly Greenhouse Film. This structure will not have water or electricity and will be an
accessory building to the outdoor garden to support in-ground food production year-round
The application of the Zoning Ordinance does not result in peculiar and exceptional practical
difficulties or undue hardship to the owner. The lot does not present an exceptional condition or
hardship hindering the construction of an accessory structure per Chapter 2, Article IV, Division 4,
of the Code of Ordinances, Section 2-138(d).
A meeting notice was published in the Kingsport Times News on August 5, 2026. Public notification
signage was placed on the property to announce the Variance Request and the BZA meeting time,
date and location. The signage also included City contact information. In addition, adjacent
property owners were notified of the variance request by letter. As of the date of this memo, there
have been two (2) public response letters. One (1) letter supported granting the variance request,
while the other opposed it.
Staff recommends the Board of Zoning Appeals approve the requested front yard variance but deny
the size, front, and side yard setback variance for the following reasons:
1. Chapter 2, Article IV, Division 4, of the Code of Ordinances, Section 2-138(d). states the
difficulty or hardship shall be limited to exceptional narrowness, exceptional shallowness
exceptional shape, exceptional topographic conditions, or other extraordinary and
exceptional situation or condition. Given the location of the primary residence and the
topography, staff believes this condition has been met for a front yard variance. However,
the size, front yard, and side yard setback variances do not meet the conditions laid out in
Chapter 2, Article IV, Division 4, of the Code of Ordinances, Section 2-138(d).
Please contact me should you have any questions or need additional information.

Carty Leonard

Planner
Sec. Z-212. Location of accessory structures on residential lots.
A.

It is the intent of this section to allow accessory structures and uses subordinate in size and incidental in use
to the principal building in residential districts. All accessory structures, except those in the Open Space and
Reserved (O-S) Zoning District, shall comply with the following requirements:
1.

No accessory structure shall be allowed in any required front yard or to extend in front of the plane
created by the location of the principal building relative to the front property line.

2.

Accessory structures shall be allowed to be located in the side and rear yards provided the following
requirements are complied with:

3.

a.

Accessory structures shall not cover more than twenty-five (25) percent of the affected required
side yard and rear yard areas, and provided further that the district "maximum lot coverage" set
forth in Section Z-3-08 - Residential Space Requirement Chart is not exceeded.

b.

Accessory structures shall be at least five (5) feet from any side or rear lot lines and from any
other building on the same site, including the principal building. Accessory structures that exceed
one (1) story or twelve (12) feet in height shall meet the required side and rear yard setbacks for
the zoning district.

c.

Accessory structures shall not exceed two (2) stories, but in no event shall any accessory
structure exceed a building height of twenty-five (25) feet.

d.

Accessory structures on lots that front on two (2) parallel streets rights-of-way shall meet the
front yard setback required by the zoning provisions on each lot frontage.

e.

Accessory structures on lots that front on two (2) intersecting street rights-of-way shall meet the
required front yard setback from each intersecting street right-of-way.

Accessory structures shall not be used for human habitation except as an extension of the residential
use of the principal building for residential habitation, for clearly residential, non-income producing
occupancy by a family member or temporary houseguest. The use of an accessory structure as a
continually occupied, income producing, separate dwelling unit for lease, rent, or trade is strictly
prohibited.

Residence

RESIDENCE LAYOUT

Hours Needed

Katherine Stigers
Chairwoman (Term
ends 9/27)

3

3.0

1.0

Wesley Walker ViceChairman (Term ends
9/26)

3

3.0

1.0

0.0

4.0

3.0

1.0

3.0

1.0

Dustin Goforth (Term
ends 9/28)
Mahlon Luttrell
(Term ends 9/30)
Kelly Graham (Term
ends 9/29)

1.5

1.5
3

Property Rights (1 hr)

Total Hours Received

Navigating TN's New Planning Laws 7/30
9:00 Kingsport

Webinar Compliance with Public Chapter
1044 7/29 1.5 hrs

Behind the Clouds - Data Centers - 1.5 hr

2026 BZA/PC Training, Kingsport

Name

BZA Training Hours 2026