Board of Zoning Appeals

BOARD OF ZONING APPEALS MINUTES JANUARY 11, 2007 The Board of Zoning Appeals met on Thursday, January 11, 2007, at 5:15 p.m. in the Community Meeting Room, 45 E. Broad Street, Cookeville, Tennessee. MEMBERS PRESENT: Larry Burgess, Tracy Cody, Kay Detwiler, Jane Flatt, and Sid Gilbreath. STAFF PRESENT: James Mills and Jayne Barns. OTHERS PRESENT: Steve Garrett. CONSIDER FOR APPROVAL THE MINUTES OF DECEMBER 14, 2006. Tracy Cody made the motion to approve the minutes of December 14, 2006. Larry Burgess seconded the motion and the motion carried unanimously. APPROVED. CONSIDER A REQUEST FOR A SPECIAL EXCEPTION TO ALLOW AUTO SALES IN A CL ZONE AND A VARIANCE REQUEST TO WAIVE THE REQUIREMENT THAT AUTO SALES SHALL NOT BE LOCATED ADJACENT TO A SINGLE FAMILY ZONE AT 1726 NORTH WASHINGTON AVENUE. REQUEST SUBMITTED BY STEVE GARRETT ON BEHALF OF JASON MOORE. James Mills stated that Mr. Steve Garrett has submitted for approval a request for a special exception to allow the location of a used auto sales establishment on property zoned as CL, Local Commercial, and located at 1726 North Washington Avenue. New and used automobile sales may be permitted as special exceptions in the CL District when meeting the conditions of Section 221.4E of the Zoning Code. The conditions specified in Section 221.4E are as follows: • Shall not be located adjacent to any district zoned RS-20, RS-15, RS-10, RS-5 or RD unless separated by a public street as shown on the Official Street Map. The subject property is adjacent to property zoned as RS-10 to the west. • Shall be located on streets of at least Major Collector status. North Washington Avenue is classified a Major Collector. • Shall conform with the requirements of Section 206.15 of the Zoning Code. Mr. Garrett has submitted a request for a variance from the condition that the property not be adjacent to property zoned for single-family residential purposes. The subject property is adjacent to a single family house located at 365 East 18th Street and zoned as RS-10. There is no existing vegetative screen between the two properties. The Board has previously approved similar variances subject to the provision or maintenance of adequate screening and buffering and subject to restrictions on the areas where vehicles for sale can be parked or stored. BOARD OF ZONING APPEALS 2 JANUARY 11, 2007 Mr. Garrett has also submitted a site plan and has indicated that only a portion of the proposed structure would be used for auto sales with the majority of it used for other commercial uses. If the proposed structure did not include auto sales it could be constructed within 20 feet of the western property line subject to the provision of a Type 2 Screen. The site plan needs to be corrected to show a 20’ buffer yard along the adjoining residential property lines. Staff recommended approval of variance request subject to the installation of a Type 3 Screen in the 20’ buffer yard along the western boundary of the subject property and to the prohibition of any vehicles for sale being parked or stored within a minimum of 50 feet from the western boundary and approval of special exception request subject to compliance with all other requirements of the Zoning Code. Tracy Cody made the motion to approve the Special Exception and Variance request subject to staff’s recommendation. Larry Burgess seconded the motion and the motion. Votes: Larry Burgess-aye, Tracy Cody-aye, Kay Detwiler-aye, Jane Flatt-abstain, and Sid Gilbreath-aye. CONDITIONAL APPROVAL OF SPECIAL EXCEPTION AND VARIANCE. ADJOURNMENT: 5:24 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING _____________________________ ______________________________ JAYNE BARNS CPS JANE FLATT, CHAIRMAN PLANNING ASSISTANT BOARD OF ZONING APPEALS