Board of Zoning Appeals

BOARD OF ZONING APPEALS MINUTES OCTOBER 12, 2006 The Board of Zoning Appeals met on Thursday, October 12, 2006, at 5:15 p.m. in the Council Chambers, 45 E. Broad Street, Cookeville, Tennessee. MEMBERS PRESENT: Larry Burgess, Kay Detwiler, and Sid Gilbreath. MEMBER ABSENT: Tracy Cody & Jane Flatt. STAFF PRESENT: James Mills and Jayne Barns. OTHERS PRESENT: Robert Steakley, Paige Hunter, Horace Hunter, June Weekly, Gail Winningham, Thad Drake, Jerry Flatt, Brenda Gaw, Loretta Bullock, Lynn Bullock and J. D. Parks. CONSIDER FOR APPROVAL THE MINUTES OF SEPTEMBER 14, 2006. Kay Detwiler made the motion to approve the minutes of September 14, 2006. Larry Burgess seconded the motion and the motion carried unanimously. APPROVED. CONSIDER A REQUEST FOR A VARIANCE TO ALLOW OUTDOOR STORAGE IN THE FRONT YARD ON PROPERTY LOCATED AT 1191 SOUTH JEFFERSON AVENUE. REQUEST SUBMITTED BY KYLE JOYCE ON BEHALF OF BIRO LLC. (THIS ITEM WAS TABLED AT THE SEPTEMBER 14, 2006 MEETING. TAKING THIS REQUEST OFF THE TABLE REQUIRES THE VOTE OF TWO MEMBERS BEFORE IT CAN BE PLACED BACK ON THE AGENDA.) Kay Detwiler made the motion to place this item back on the table. Larry Burgess seconded the motion. ITEM PLACED BACK ON THE AGENDA. James Mills stated that Mr. Thad Drake, on behalf of property owner Biro, LLC and on behalf of Ferguson Enterprises, has submitted for approval a request for a variance to allow outdoor storage in the front yard in the CG District on property located at 1191 South Jefferson Avenue. Consideration of this request was tabled at the September 2006 meeting. A special exception request for outdoor storage subject to compliance with the conditions of the Zoning Code was approved for this property at last month’s meeting. Biro, LLC has indicated to the Planning Department that they would like to lease their property to Ferguson Enterprises, a plumbing supply company. Ferguson Enterprises has indicated that a substantial amount of outdoor storage is necessary for their operation. The variance request is to allow a portion of the outdoor storage to be located to the front of the principal structure. A revised site plan indicates that the area to the front of the building proposed for outdoor storage has been reduced or setback by 50 feet from the original request, extending approximately 120 feet instead of approximately 170 feet from the front of the building. BOARD OF ZONING APPEALS 2 OCTOBER 12, 2006 As with the original, the new site plan indicates that there is an unused area extending approximately 150 feet from the rear of the principal structure to the rear property line; however, none of the outdoor storage is proposed for this location. Mr. Drake previously informed the Planning Department that Ferguson Enterprises indicated that it would be cost prohibitive for them to develop this area for storage. The Zoning Code provides that financial considerations alone are not to be considered as a basis for granting a variance. No other particular hardship has been presented that would justify the approval of a variance. At the September 2006 meeting officials, from Ferguson Enterprises indicated that part of the reason for the need for outdoor storage in the front yard was to allow them to immediately occupy the building. Approval of the temporary use of the front yard for outdoor storage may be a consideration with the establishment of a specific time frame for relocation to the side and rear yards. This would allow the business to begin operation while completing the necessary improvements to the rear yard for outdoor storage use. Staff recommended denial of request as submitted and approval of the temporary use of the front yard for outdoor storage with a setback of 100 feet from the front property line for period not to exceed 12 months from the date of occupancy. Staff noted that should the request be approved, Section 233.9D (3i) provides that failure complete the action for which a variance has been approved within one (1) year after the date of approval shall void the variance. Thad Drake stated that he was in agreement with the temporary use of the front yard for outdoor storage. Larry Burgess made the motion to deny the request as submitted, and to approve temporary use of the front yard for outdoor storage as depicted on the site plan submitted for the October 2006 meeting. The storage area shall be setback a minimum of 100 ft. from the front property line. Temporary storage not to exceed twelve (12) months from the date of occupancy and at the end of the twelve month period the outdoor storage should be relocated in compliance with the Zoning Code. Screening shall not be required for the temporary outdoor storage. Kay Detwiler seconded the motion. Votes: Larry Burgess--aye, Kay Detwiler--aye, and Sid Gilbreath--nay. Motion passed. APPROVED, SUBJECT TO CONDITIONS. CONSIDER A REQUEST FOR AN ADMINISTRATIVE REVIEW CONCERNING DENIAL OF RELOCATION OF NON-CONFORMING OFF-PREMISE SIGN (BILLBOARD) ON PROPERTY LOCATED AT 1200 INTERSTATE DRIVE. REQUEST SUBMITTED BY FLYNN OUTDOOR ON BEHALF OF JIMMY WRIGHT. (THIS ITEM WAS POSTPONED AT THE SEPTEMBER 14, 2006 MEETING.) James Mills stated that Flynn Outdoor, LLC, on behalf of property owner Jimmy Wright, has filed an appeal for the review of a decision by the Planning Department to deny the issuance of a permit to relocate a nonconforming off-premise sign located at 1200 Interstate Drive. Consideration of this request was postponed at the July 2006 meeting until the outcome of the adoption of a proposed amendment to the General Sign Regulations BOARD OF ZONING APPEALS 3 OCTOBER 12, 2006 of the Zoning Code, which would allow the desired relocation, was determined. It was postponed for a second time at the September 2006 meeting at the request of the petitioner. The proposed amendment was adopted by the City Council on August 14, 2006 and is now effective. Flynn Outdoor has submitted to the Planning Department a letter withdrawing their request. Staff recommended withdrawal of the request. Kay Detwiler made the motion to approve withdrawal of this request. Larry Burgess seconded the motion and the motion carried unanimously. WITHDRAWN. CONSIDER A REQUEST FOR A SPECIAL EXCEPTION TO ALLOW PET GROOMING, DAYCARE, AND CAT BOARDING ON PROPERTY LOCATED AT 814 SOUTH WILLOW AVENUE. REQUEST SUBMITTED BY JUNE WEEKLY ON BEHALF OF ROBERT STEAKLEY. James Mills stated that Ms. June Weakly, on behalf of property owner Robert Steakley has submitted for approval a request for a special exception to allow a pet grooming and pet boarding facility on property zoned as CG, General Commercial and located at 814 South Willow Avenue. Pet grooming is listed as a use permitted on appeal for the CG District; however, no specific conditions are provided. Kennels are also permitted as special exceptions in the CG District provided that they are not located adjacent to properties zoned for single-family residential purposes and provided that all animals are kept inside soundproof buildings. Staff recommended conditional approval of request subject to compliance with applicable provisions of the Zoning Code, to paving of all parking areas, and to all animals being kept inside soundproof buildings. Staff noted that should the request be approved, Section 233.9D (2g) provides that failure complete the action for which a special exception has been approved within one (1) year after the date of approval shall void the special exception. Staff reported that Elmer Lollar, 844 South Willow Avenue, called the Planning Department, and shared his concern and opposition to allow boarding of dogs next to his residence and he requested that his concern be recorded in the minutes since he was unable to be at the meeting in case it was included at the meeting. Jerry Flatt, property owner at 804 South Willow Avenue (Flatt Veterinary Clinic) stated that when he built his Clinic that his building had to be built out of concrete blocks with windows that did not open. James Mills stated that boarding of dogs was not in the request and that it was not an issue in the request. Kay Detwiler made the motion to approve the Special Exception, subject to compliance with all applicable provisions of the zoning code, paving all parking areas, and that all animals be BOARD OF ZONING APPEALS 4 OCTOBER 12, 2006 kept inside soundproof buildings. Larry Burgess seconded the motion and the motion carried unanimously. APPROVED, SUBJECT TO CONDITIONS. CONSIDER A REQUEST FOR A VARIANCE TO REDUCE THE FRONT YARD SETBACK REQUIREMENTS FROM 50’ TO 25’ ON PROPERTY LOCATED AT 1055 HIGHWAY 111. REQUEST SUBMITTED BY PHILLIP HARDY ON BEHALF OF P & J PROPERTIES. James Mills stated that Mr. Phillip Hardy, on behalf of P & J Properties, has submitted a request for a variance to reduce the front yard setback by 25 feet for property located in the CR District at 1055 Highway 111. State Highway 111 is classified as a Major Street, which requires a setback of 50 feet from the right-of-way. The City of Cookeville has approached P & J Properties about the possible donation of 40 feet of right-of-way for the future construction of a public street connecting Salem Church Road and State Highway 111. The potential donation will significantly reduce the potential building area on the property. The subject property’s eastern property line is located approximately 100 feet from the western shoulder of State Highway 111. If the requested variance is approved, a setback of approximately 125 feet from the edge of the highway would be maintained. Based on all these factors it appears that there are unique circumstances in this case which would justify the approval of a variance. Staff recommended approval of the request. Staff noted that should the request be approved, Section 233.9D (3i) provides that failure complete the action for which a variance has been approved within one (1) year after the date of approval shall void the variance. Lynn Bullock, 999 Salem Church Road, shared his concerns about the 40’ right-of-way being across from his home. Staff noted that the driveway location on Salem Church Road depicted on the site plan would be relocated so that it accessed the proposed new street. J. D. Parks also shared concerns about the 40’ right-of-way. Kay Detwiler made the motion to approve the 25’ Variance on the Highway III side, subject to the dedication of a 40’ right-of-way as depicted on the submitted site plan at the meeting. Larry Burgess seconded the motion and the motion carried unanimously. APPROVED, SUBJECT TO CONDITIONS. ADJOURNMENT: 6:50 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING ____________________________ ______________________________ JAYNE BARNS CPS SID GILBREATH PLANNING ASSISTANT ACTING CHAIRMAN BOARD OF ZONING APPEALS