Board of Zoning Appeals

AGENDA REGULAR MEETING OF THE CITY OF CLEVELAND’S BOARD OF ZONING APPEALS TUESDAY, MARCH 14, 2023, AT 12:00 PM CLEVELAND MUNICIPAL BUILDING 190 CHURCH STREET NE Welcome and Roll Call of Members 1. Minutes December 13, 2022, Regular Meeting 2. Public Hearings None 3. Old Business None 4. New Business a. request by Nadya Mora for approval of a conditional use permit for property located at Ralph Buckner Blvd. (Tax Map 050J, Group A, Parcel 015.00) and located within the IL Light Industrial Zoning District. b. request by Andrea and Danny Bowers for approval of a conditional use permit for property located at 5095 Mouse Creek Rd. NW (Tax Map 034 Parcel 008.00 and 008.01) and located within the RA Residential Agricultural Zoning District. withdrawn by applicant 3.9.23 c. request by Parker Seger for approval of a front setback variance for property located at 126 Stonewood Court (Tax Map 049G Group D Parcel 002.01) and located within the R-1 Single Family Residential Zoning District. 5. Staff Report 6. Board Member Reports 7. Adjourn  Minutes REGULAR MEETING OF THE CITY OF CLEVELAND’S BOARD OF ZONING APPEALS TUESDAY, DECEMBER 13, 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 P.M. Members present included Charlotte Peak, Matthew Coleman, Clint Taylor, and Dan Moore. Members absent included Ed Brown. Staff present included Robert Varnell, Director of Planning, Darla Jenkins, Administrative Coordinator, Joel Prince, Planner/Code Inspection Supervisor. and Erica Bevis, Planner. Legal Counsel included John Kimball, Attorney for the City of Cleveland. Others present included Anthony & Melissa Turner, Chad Elliott, and Duane & Brooklyn Golf. The minutes of the November 8, 2022, regular meeting were presented for approval. Matthew Coleman made a motion to approve the minutes. Clint Taylor seconded the motion. A vote of 4-0 passed the motion. Yes-4 No-0 Absent-0 There were no Public Hearings. There was no Old Business. In New Business, a. The Cleveland Board of Zoning Appeals will hold a meeting on Tuesday, December 13, 2022, at 12 o’clock pm (local time) in the Cleveland City Council Room at 190 Church Street NE to hear a request by Universal Assemblies LLC for approval of a side and rear setback variance for property located at 2013 Page 1 of 2  King Edward Ave SE (Tax Map 057N Group D Parcel 028.00) and located within the Heavy Industrial Zoning District. Clint Taylor made a motion to approve both requests of item a: (1) request for rear setback reduction request and (2) request for side setback reduction request. Dan Moore seconded the motion. A vote of 4-0 passed the motion. Yes-4 No-0 Absent-1 b. The Cleveland Board of Zoning Appeals will hold a meeting on Tuesday, December 13, 2022, at 12 o’clock pm (local time) in the Cleveland City Council Room at 190 Church Street NE to hear a request by Benjamin Berry on behalf of Duane Goff for approval of a density variance for property located at 1890 Green St. (Tax Map 041N, Group A, Parcel 009.00) and located within the R-3 Multi-Family Residential Zoning District. Dan Moore made a motion to approve item b. Clint Taylor seconded the motion. A vote of 4-0 passed the motion. Yes-4 No-0 Absent-1 c. The Cleveland Board of Zoning Appeals will hold a meeting on Tuesday, December 13, 2022, at 12 o’clock pm (local time) in the Cleveland City Council Room at 190 Church Street NE to hear a request by Chad Elliott for approval of a conditional use permit for property located at 333 Broad Street SW (Tax Map 057C Group J Parcel 001.00) and located within the Mixed-Use Zoning District. Clint Taylor made a motion to approve the item c. Matthew Coleman seconded the motion. A vote was made of 4-0. Yes-4 No-0 Absent-1 There was no Staff Report. There was no Board Member Report The meeting was adjourned at 12:33 P.M. Page 2 of 2  Staff Report Case: BZA 2023-02 Ralph Buckner Blvd. (see Appendix for case materials) March 14, 2023 City of Cleveland Board of Zoning Appeals Applicant: Nadya Mora Site Address: Ralph Buckner Blvd Lot 9 Tax Map: 050J A 015.00 Area: 1.33 Acres Current Zone: IL Light Industrial Requested Variance: Request for approval of a conditional use permit. Sewer/Water: Yes Council District: District 2 – Bill Estes PLANNING & DEVELOPMENT 1.Site Zoning History This property is zoned IL Light Industrial and is surrounded by IL Light Industrial zoning as well as an R-2 Low Density Single and Multi-Family Zoning along the southwest property line. This property has been zoned IL since the subdivision was created and has sat vacant. 2. Site Analysis The 1.33-acre site is located on a flag lot at the end the Ralph Buckner Boulevard. The current ordinance requires a conditional use permit for commercial use buildings within the IL Light Industrial Zoning District. The applicant is proposing an antique store which would be considered a commercial retail use. 3. Staff Findings Although the zoning is this area is primarily IL Light Industrial, the uses within the subdivision align with professional and/or commercial retail uses. Directly adjacent to the proposed building is Conclusive Holdings office building. Other businesses in the area include Ralph Buckner Funeral Home, children’s services, a medical billing office, marketing office, and an insurance office. The proposed building is to be situated at the end of a cul de sac with only one ingress/egress. No increased noise is anticipated in the area that would affect other property owners as business would be conducted internally. The applicant would be required to undergo the staff review process and meet all other criteria of the zoning ordinance such as parking, density, setbacks, stormwater, etc. The applicant will also be required to provide a landscape buffer along the southwest property line that adjoins the R-2 residential zoned property. 4. Staff Recommendation APPROVE APPENDIX PROPOSED PLAT/LOT LAYOUT Staff Report Case: BZA 2023-03 5095 Mouse Creek Rd. (see Appendix for case materials) March 14, 2023 City of Cleveland Board of Zoning Appeals Applicant: Andrea and Danny Bowers Site Address: 5095 Mouse Creek Rd. NW Tax Map: 034 008.00 and 008.01 Area: 7.50 Acres Current Zone: RA Residential Agricultural Requested Variance: Request for approval of a conditional use permit. Sewer/Water: Yes Council District: District 5 – Dale R. Hughes PLANNING & DEVELOPMENT Withdrawn by applicant March 9th, 2023 Staff Report Case: BZA 2023-04 126 Stonewood Court (see Appendix for case materials) March 14, 2023 City of Cleveland Board of Zoning Appeals Applicant: Parker Steger Site Address: 126 Stonewood Court Tax Map: 049G D 002.01 Area: 1.02 Acres Current Zone: R-1 Single Family Residential Requested Variance: Request for approval of a front setback variance from 25’ to 15’ Sewer/Water: Yes Council District: District 3 – Tom Cassada PLANNING & DEVELOPMENT 1.Site Zoning History This property is zoned R1 Single Family Residential Zoning and surrounded by R1 Single Family Residential zoning. The lot was created around the 1990’s and has been vacant since. 2. Site Analysis The 1.02-acre site is located at 126 Stonewood Ct. NW. The lot has a level building area before dropping off considerably down a steep slope. Minimum lot square footage and width requirements are met. The property owner is requesting a 15-foot setback off the front property line due to the topographical features of the lot. The front property line is approximately 9’ from the edge of pavement. 3. Staff Findings The request is for a front setback reduction based on the hardship the topography of the land has caused. The zoning ordinance requires a minimum 25’ front setback for primary structures. With a 15’ setback from the property line and an approximate 9’ separation between the edge of pavement and property line it will be roughly 24’ from the road. While this setback requirement is commonplace throughout the city and should remain in place, there are conditions met within this property which make approving a variance legal with the guidelines given to local authorities by the State of Tennessee. 4. Staff Recommendation APPROVE APPENDIX PROPOSED PLAT/LOT LAYOUT