Board of Zoning Appeals

AGENDA REGULAR MEETING OF THE CITY OF CLEVELAND’S BOARD OF ZONING APPEALS TUESDAY, APRIL 12, 2022, AT 12:00 PM CLEVELAND MUNICIPAL BUILDING 190 CHURCH STREET NE Welcome and Roll Call of Members 1. Minutes March 8, 2022, Regular Meeting 2. Public Hearings None 3. Old Business None 4. New Business a. Request by Mental Health Housing Corporation for approval of a Conditional Use request for property located at 540 Johnson Boulevard (Tax Map 58 H, Parcels 005.01) and located within the IL Light Industrial Zoning District for the expansion of the Hilltop House from an 8-bed facility to a 12-bed facility. b. Request by Penco Trust Company for a Corner side setback variance request for property located at 1410 Parker Avenue (Tax Map 57 G, Parcel 004.00) and located within the PUD 20 for the construction of a single-family homes on lot 11. c. Request by Richmond Surveying for a Corner Side setback variance request for property located at 4100 N. Ocoee Street NE (Tax Map 42G, Parcel 109.00) and located within the R-3 Multi-Family Residential Zoning District for the construction of a three-unit townhome development. 5. Staff Report 6. Board Member Reports 7. Adjourn  MINUTES REGULAR MEETING OF THE CITY OF CLEVELAND’S BOARD OF ZONING APPEALS TUESDAY, MARCH 8, 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 Matthew Coleman, Charlotte Peak, Ed Brown, Clint Taylor, and Dan Moore. There were no members absent. Staff present included Robert Varnell, Director of Planning, Darla Jenkins, Administrative Coordinator, Erica Bevis, Sheridan Chappel, Intern, and Joel Prince, Planner/Code Inspection Supervisor. Legal Counsel present include John Kimball, Attorney for the City of Cleveland. Others present included Don Jacobs. The minutes of the February 8, 2022 regular meeting were presented for approval. Dan Moore made a motion to approve the minutes of the February 8 ,2022 regular meeting. Clint Taylor seconded the motion. There were no Public Hearings. There was no Old Business. In New Business, a. Request by City Fields for approval of side setback variance requests for property located at 1259 Wilson Avenue (Tax Map 57E Parcels 21.) and located within the R2 Low Density Single and Multi-family residential district. Page 1 of 3  Clint Taylor made a motion to approve the request and Matthew Coleman seconded the motion. A vote of 5-0 passed the motion. Yes-5 No-0 Absent-0 b. Request by City Fields for approval of side setback variance requests for property located at 1263 (Tax Map 57E Parcel 21.) and located within the R2 Low Density Single and Multi-family residential district. Robert Varnell stated this is an existing one (1) lot that’s being cut up to build. There were two (2) houses on it at one time. One (1) is being torn down and one (1) is staying. It’s kind of an infield development situation. It will fit the integrity of the neighborhood. Dan Moore made a motion to approve the request and Clint Taylor seconded the motion. A vote of 5-0 approved the motion. Yes-5 No-0 Absent-0 c. Request by City Fields for approval of side setback variance requests for property located at 1402 Aurora Avenue (Tax Map 057L C Parcel 10.) and located within the R2 Low Density Single and Multi-family residential district. Clint Taylor made a motion to approve the request and Matthew Coleman seconded the motion. A vote of 5-0 approved the motion. Yes-5 No-0 Absent-0 d. Request by City Fields for approval of side setback variance requests for property located at 1590 Aurora Avenue (Tax Map 057L T Parcel 008.00.) and located within the R2 Low Density Single and Multi-family residential district. Clint Taylor made a motion to approve the request and Matthew Coleman seconded the motion. A vote of 5-0 approved the motion. Yes-5 No-0 Absent-0 e. Request by Don Jacobs for approval of a side setback variance request for property located at 733 14th Street SE (Tax Map 057L H Parcel 020.00) and located within the R2 Low Density Single and Multi-family residential district. Dan Moore made a motion to approve the request and Clint Taylor seconded the motion. A vote of 5-0 approved the motion. Yes-5 No-0 Absent-0 f. Request by Scott Anderson for approval of a front setback variance request for property located at 1687 Lennox Drive NW (Tax Map 033K D Parcel 008.00) and located within the R1 Single Family Residential district. Robert Varnell stated we have a building permit request for a single home. The back of the lot drops considerably. The other houses are about fifteen feet from the right of way. Page 2 of 3 What they have asked for is consistent with the other houses and will line up with them. They are asking for this variance between the edge of the pavement and the property line isn’t included in the setback. If it’s added in there, it’s pretty close. There was no variance that Robert could find for the other structures, and they were built. According to the survey, the right of way line is in the middle of the road which he will look at. He felt that the best case for these people was to get them done and then worry about that problem later. Robert Varnell stated there was justification here for two (2) reasons. One, the grade in the back of the lot that drops off, and the mapping error of the road and right of way. Ed Brown made a motion to approve the request and Matthew Coleman seconded the motion. A vote of 5-0 approved the motion. Yes-5 No-0 Absent-0 In the Staff Report, Robert Varnell introduced Erica Bevis and Joel Prince in the planning department. The commission stated they appreciated the detailed notes. The deadlines for the BZA will be a week from today for the next meeting which gives Robert two (2) weeks to prepare. It’s critical for the planning commission. There was no Board member Report. The meeting adjourned at 12:11 P.M. Page 3 of 3 Staff Report Case: BZA 2022-07 Hilltop House (see Appendix for case materials) April 12, 2022 City of Cleveland Board of Zoning Appeals Applicant: Dawn J. Carlton/Mental Health Housing Corp II Site Address: 540 Johnson Blvd. Tax Map: 058H J 005.01 Area: .53 acres Current Zone: IL – Light Industrial Requested Variance: Request for expansion to accommodate number of beds needed to serve clients. Sewer/Water: Yes Council District: District 2 – Bill Estes PLANNING & DEVELOPMENT 1.Site Zoning History This property is zoned light industrial and has been for quite some time. The property is surrounded by light industrial and R-2 low density multi and single-family zoning. This property has been granted conditional use approval within light industrial zoning. 2. Site Analysis This .5-acre site is located on and addressed to 540 Johnson Blvd SE. The lot contains a residence, built around 1998, that houses patients who require mental health care. The residence is currently at capacity. The healthcare facility has been granted a conditional use permit within this zone some time ago. 3. Staff Findings The request is for the healthcare facility to expand its footprint to accommodate more patients. Currently, the residence can house 8 patients and the facility would like to expand to serve 12 patients. The conditional use permit within the light industrial zone requires BZA approval for any expansion requiring a change in the footprint of the building. 4. Staff Recommendation APPROVE Staff recommends approval provided any additions to the structure meets setback requirements of the City of Cleveland Zoning Ordinance. Our staff encourages the expansion of healthcare and recognizes the support that it brings to those in need around the City of Cleveland. APPENDIX: A. SITE PHOTOS Aerial View of Property facing North Aerial View of Property Facing South PROPOSED PLAT/LOT LAYOUT Staff Report Case 2: BZA2022-08 Boone Valley Lot 11(see Appendix for case materials) April 12, 2022 City of Cleveland Board of Zoning Appeals Applicant: KACE General Partnership/Clint Taylor on behalf of PENCO Trust/Mickey Torbett Site Address: Phillips Street, Lot 11 Tax Map: part of 057G K 04.00 Area: .15 Acres Current Zone: PUD 20 Request: Front setback reduction from 25’ to 18’ along Phillips Street Sewer/Water: Yes Council District: District 1 – Marsha McKenzie PLANNING & DEVELOPMENT 1. Site Zoning History This is a vacant lot with road frontage off Phillips St. SW, Parker Ave., and Huff Ave. The 3.12-acre tract of land was zoned as PUD 20 in 2019 but the original project has never been carried out. The property is surrounded by R-2 low density single and multi-family houses that were constructed sometime during the 1940’s to 1950’s. A request has been recently filed to revert the zoning back to R-1 and subdivide the property. 2. Site Analysis Proposed lot 11 is approximately .15 acres on the corner of Phillips Street and Huff Avenue. The setback requirement for the proposed R-1 zoning is 25’ off both Phillips Street and Huff Avenue. 25’ is a larger setback that most of the houses surrounding the site. The proposed lot meets the minimum requirement for lot size. Staff Findings The request for a side street setback reduction is based on several factors. The zoning ordinance does require a minimum 25’ setback off both road frontages on a corner lot. However, KACE Development on behalf of PENCO Trust, is requesting a setback to maintain the look and feel of the neighborhood. This will provide new lots which meet all the required dimensions otherwise. 3. Staff Recommendation APPROVE PENDING THE APPROVAL OF REZONING AND PRELIMINARY AND FINAL PLAT The final plat provided is set to be presented to the City of Cleveland Planning Commission on April 19th, 2022. Staff recommends approval of the setback variance pending the approval of the rezoning, preliminary plat, and final plat at that time. APPENDIX: A. SITE PHOTOS: Aeriel View of Phillips Avenue Aeriel View of Phillips Avenue B. PROPOSED PLAT/LOT LAYOUT  Staff Report Case 3: BZA2022-09 North Crest Drive Lot 50(see Appendix for case materials) April 12, 2022 City of Cleveland Board of Zoning Appeals Applicant: Duane Goff Site Address: 4100 North Ocoee (Northcrest Dr.) Tax Map: 042G C 109.00 & 119.00 Area: .20 acres; .21 acres Current Zone: R3 –Multi-Family Residential Requested Variance: Variance 1: Setback reduction along east ROW from 25’ to 23’ on lot 50. Variance 2: Lot square footage requirement reduction from 12,500 sq. ft. to 8,170 sq. ft. for lot 50. Variance 3: Lot square footage requirement reduction from 15,000 sq. ft. to 10,009 sq. ft. for lot 65. Sewer/Water: Yes Council District: District 4 – David May Jr. PLANNING & DEVELOPMENT 1.Site Zoning History The property is zoned R3 Multi-Family Housing and is surrounded by R3 zoned properties. The townhomes currently surrounding this lot were constructed around the 1980’s. 2. Site Analysis Variance1: The .2-acre site is located on a corner lot which would require a 25’ setback on both the front and eastern side of the property. 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 building could be shifted west and fall within the setbacks. However, the townhomes previously constructed prior to the townhome ordinance being adopted has caused the need for the west side setback to be 20 feet vs. 10, shifting the building 2 feet inside the eastern setback. This lot faces a unique set of circumstances as well because area along the corner lot that is considered ROW is essentially a parking lot. There is no through traffic. Variance 2: The variance for lot 50 is for a reduction in the lot square footage requirement. The current ordinance requires 7,500 sq. ft. for the first unit and 2,500 sq. ft. for each additional unit within R3 zoning. The property owner is proposing a triplex which would require 12,500 sq ft. however, the lot is 8,170 sq. ft. The traditional neighborhood feel in this area provides similar styles and sizes of the homes that were established in the 1980’s. This would provide conformity to the existing neighborhood and can be considered infill development. Variance 3: The variance for lot 65 is for a reduction in the lot square footage requirement. The current ordinance requires 7,500 sq. ft. for the first unit and 2,500 sq. ft. for each additional unit within R3 zoning. The property owner is proposing a quadraplex which would require 15,000 sq ft. however, the lot is 10,009 sq. ft. The traditional neighborhood feel in this area provides similar styles and sizes of the homes that were established in the 1980’s. This would provide conformity to the existing neighborhood and can be considered infill development. 3. Staff Findings The established townhomes being constructed on the property line along with the ROW not being a true street with traffic provides unique circumstances to this property, making a variance acceptable. Staff Recommendation Variance 1: The requested setback reduction is an attempt to meet setbacks between townhome structures while encroaching on the eastern side setback at a minimum. This request provides the best result for the applicant and the community. APPROVE Variance 2: This request provides conformity to the existing neighborhood and can be considered infill development. APPROVE Variance 3: This request provides conformity to the existing neighborhood and can be considered infill development. APPROVE APPENDIX: A. SITE PHOTOS Street View of Lot West Aerial View of Lot and ROW B. PROPOSED PLAT/LOT LAYOUT