Board of Zoning Appeals

AGENDA REGULAR MEETING OF THE CITY OF CLEVELAND’S BOARD OF ZONING APPEALS TUESDAY, FEBRUARY 8, 2022, AT 12:00 PM CLEVELAND MUNICIPAL BUILDING 190 CHURCH STREET NE Welcome and Roll Call of Members 1. Minutes January 12, 2022, Regular Meeting 2. Public Hearings 3. Old Business 4. New Business a. Request by KACE General Partnership for approval of side setback variance requests for property located at 1200 Johnson Boulevard (Tax Map 58i Parcels 004 and 004.01.) and located within the R2 Low Density Single and Multi-family residential. 5. Staff Report a. Board of Zoning Appeals Submittal Process and Deadline 6. Board Member Reports 7. Adjourn  MINUTES REGULAR MEETING OF THE CITY OF CLEVELAND’S BOARD OF ZONING APPEALS TUESDAY, JANUARY 11, 2022, AT 12:00 PM CLEVELAND MUNICIPAL BUILDING 190 CHURCH STREET NE The regular meeting of the Board of Zoning Appeals was called to order by Charlotte Peak, Chairperson, at 12:00 Noon. Members present included Charlotte Peak, Matthew Coleman, and Dan Moore. Members absent included Clint Taylor and Ed Brown. Staff present included Corey Divel, Senior Planner/Assistant to the City Manager, Darla Jenkins, Administrative Coordinator, Robert Varnell, Senior Transportation Long-Range Planner, and Joel Prince, Planner/Code Inspection Supervisor. Legal Counsel present included John Kimball, Attorney for the City of Cleveland. Others present included Tony Richmond of Richmond Surveying, Steve Hixson and Wyatt Bevis of the Boys & Girls Club, Dee Burris of Burris Construction, Wes Rodgers, and Joe Pesterfield of P&P Properties. The minutes of the November 9, 2021, regular meeting were presented for approval. Dan Moore made a motion to approve the November 9, 2021, regular meeting minutes and Matthew Coleman seconded the motion. A vote of 3-0 passed the motion. Yes-3 No-0 Absent-2 The minutes of the November 30, 2021, special called meeting were presented for approval. Dan Moore made a motion to approve the November 30, 2021, special called meeting minutes and Matthew Coleman seconded the motion. A vote of 3-0 passed the motion. Yes-3 No-0 Absent-2 There were no Public Hearings. There was no Old Business. In New Business, a. Request by KFP Holdings, LLC for approval of a variance request for property located at 2040 Westland Dr (Tax Map 57 Parcels 18.02) and located within the IL Light Industrial Zoning District (pg1).  Matthew Coleman made a motion to deny as there being no hardship with this property. There’s ample room on the left side of the property for the addition. Charlotte Peak seconded the motion. A vote of 3-0 denied the motion. Yes-0 No-3 Absent-2 b. Request by the Boys and Girls Club of Cleveland for approval of a variance request for property located at 403 S. Lee Hwy (Tax Map 57C Group E Parcel 2.00) and located within the CH Commercial Highway Zoning District (pg5). Matthew Coleman made a motion to deny as there was no hardship with this property. The addition could be added to the south side of the building. Charlotte Peak seconded the motion. A vote of 3-0 denied the motion. Yes-0 No-3 Absent-2 c. Request by RG Logistics, LLC for approval of a variance request for property located at 2910 Barney’s Ln (Tax Map 50 Parcels 24.10) and located within the IL Light Industrial Zoning District (pg9). Dan Moore made a motion to approve the request and Matthew Coleman seconded the motion. A vote of 3-0 passed the motion. Yes-3 No-0 Absent-2 d. Request by Gonzo Enterprises, LLC for approval of a variance request for property located at 2960 Barney’s Ln (Tax Map 50 Parcels 24.04) and located within the IL Light Industrial Zoning District (pg15). Dan Moore made a motion to approve the request and Matthew Coleman seconded the motion. A vote of 3-0 passed the motion. Yes-3 No-0 Absent-2 There was no Staff Report. There was no Board Member Report. The meeting adjourned at 12:27 P.M. Staff Report Case: BZA 2022-08 (see Appendix for case materials) February 8, 2022 City of Cleveland Board of Zoning Appeals Applicant: KACE General Partnership Site Address: 1200 Johnson Boulevard Tax Map: 0581D 004 and 004.01 Area: .31 Acres Current Zone: R2 – Low Density Single and Multi-Family Residential Requested Variance: Side Setback Reduction on 2 lots from 10’ to 7’ Sewer/Water: Yes Council District: District 2 – Bill Estes PLANNING & DEVELOPMENT 1.Site Zoning History The property is zoned R2 Low Density Single and Multi-Family Housing and is surrounded by R2 zoned properties. The original structure on the site was a duplex which was recently demolished. 2. Site Analysis The .31-acre site is located on and is addressed to 1200 Johnson Boulevard. There does not appear to be a secondary access point. The lot sits in the middle of a sharp curve on Johnson Boulevard and slopes gently to the back property point. The proposed lots meet the minimum requirements for lot size. 3. Staff Findings The request is for a side setback reduction based on several factors. The Zoning Ordinance requires a minimum 10’ side setback for primary structures. While this setback requirement is commonplace throughout the city and should remain in place, there are conditions met with this property which make approving a Variance legal with the guidelines given to local authorities by the State of Tennessee. The lot in question is extremely unusual in shape and narrows from front to back to a point. While it is possible to move the structures forward and still be within the required front yard setback, the property sits on a tight corner where traffic speed and sight distance are both serious issues. The applicant would like to leave ample space in the front for parking and a turn around spot to avoid car backing out into the curve and on-coming traffic. The hardship in place on these lots include safety, topographical features, and unusual lot shapes. 4. Staff Recommendation APPROVE The hardship upon the property owner appears to be the result of the road and site issues directly related to unusual shape and sight conditions. The hardship is not because of any action by the owner. These conditions are unique to these properties. APPENDIX: A. SITE PHOTOS Street View of the Subject Property from Johnson Boulevard North Street View of the Subject Property from Johnson Boulevard South B. PROPOSED PLAT/LOT LAYOUT  City of Cleveland CLEVELAND TENNESSEE Development & Engineering Services Robert W. Varnell 185 Second Street NE Director of Planning Cleveland, TN 37311 rvarnell@clevelandtn.gov (423) 479-1913 Cell: (423) 472-4551 ext. 5347 Fax: (423) 559-3373 AGENDA ITEM MEMORANDUM TO: Board of Zoning Appeals FROM: Robert Varnell, Planning Director DATE: February 8, 2022 RE: Submittal Deadline SUMMARY: The City of Cleveland Board of Zoning Appeals meets regularly every second Tuesday of the month. Having a structured process to submit applications for the BZA allows staff ample time to review and provide proper attention to all submittals. Given that staff must follow Public Notification deadlines the City is implementing a deadline of 3 weeks, or 21 days before the meeting as the deadline. Therefore, moving forward the deadline for the Board of Zoning Appeals will be the 3rd Tuesday of every month at 5:00pm.