Board of Zoning Appeals

BOARD OF ZONING APPEALS MINUTES FEBRUARY 14, 2008 The Board of Zoning Appeals met on Thursday, February 14, 2008, at 5:15 p.m. in the Council Chambers, 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: Rebecca Ting. CONSIDER FOR APPROVAL THE MINUTES OF JANUARY 10, 2008. Tracy Cody made the motion to approve the minutes of January 10, 2008. Kay Detwiler seconded the motion and the motion carried unanimously. APPROVED. CONSIDER A REQUEST FOR A VARIANCE TO WAIVE THE LANDSCAPE STRIP ALONG WEST 8TH STREET AND A VARIANCE TO WAIVE THE REQUIREMENT THAT NO PARKING SPACES SHALL BE DESIGNED SO THAT A VEHICLE IS REQUIRED TO BACK ONTO A PUBLIC STREET AT 804 NORTH WILLOW AVENUE. REQUEST SUBMITTED BY KWUN-LON & REBECCA TING. James Mills stated that Ms. Rebecca Ting has submitted a request for a number of variances she indicates are necessary to allow the conversion of a single family residence to commercial use on her property located at 804 North Willow Avenue. The property is identified as Parcel 7.00 on Map 40O, Group A and is zoned as CL, Local Commercial. According to the records of the Tax Assessor the property consists of approximately 1.1 acres. A 15 unit apartment complex is also located on the property. Ms. Ting is specifically requesting a variance to allow 10 parking spaces to back directly onto West 8th Street. The additional parking is required for the conversion of the single family structure to commercial use. The parking proposal would also require waiving the landscape yard requirement along the same street. A site plan has been submitted by Ms. Ting depicting the proposed parking design. Section 205.7B (2) of the Zoning Code states that “except on lots occupied by single family and two family dwellings, no parking spaces shall be designed so a vehicle is required to back onto a public street or alley”. This requirement is intended for vehicle and pedestrian safety. The site plan indicates that the majority of the proposed parking spaces actually will be located partially within the right-of-way of West 8th Street. Section 208.5A specifies that landscape yards, a minimum of 10 feet in width, be provided along all street frontages. The landscape yard requirement is designed for several purposes including aesthetics, traffic safety, and stormwater maintenance. The site plan indicates that not only would the landscape yard not be provided but that a large existing tree would be removed. BOARD OF ZONING APPEALS 2 FEBRUARY 14, 2008 Additionally, the proposed parking design would require variances from the maximum width of access points as specified in Section 205.9B and from the minimum separation of an access point from a street intersection as specified in Section 205.9F. Section 205.9B provides that the maximum width of an access point for a non-residential use is 40 feet. The submitted site plan depicts an access width of over 90 feet. Section 205.9F provides that driveways located adjacent to intersections shall be located a minimum of 50 feet from the intersection. The submitted site plan indicates that the access to the proposed parking area would be approximately 20 feet from the western edge of North Willow Avenue. The Planning Department has significant concerns regarding potential variances that could endanger public safety. The number and significance of variances required for the approval of the proposed parking design are an indication that the proposed conversion of the residential structure to a more intense use may not be feasible. Additionally, as noted the site is located on a parcel of approximately 1.1 acres and there may be alternatives available to the petitioner that would not require variances. Based on these factors the approval of the requested variances does not appear to be justified. Staff recommended denial of the variance requests. Rebecca Ting stated that she would like to convert the existing single-family house to a commercial use. Mrs. Ting added that the business across the street has a parking lot that opens onto 8th Street. Mr. Mills stated that the standards for the landscape strip and parking spaces have been revised since the construction of the adjacent commercial lot. There was concern by the Board of the safety hazards involved in reducing the separation between the parking and Willow Avenue and allowing vehicles to back out on a city street. The Board suggested that Mrs. Ting have her surveyor look at placing a driveway behind the house and creating a parking lot in the back of the apartments and meet all the city codes. Tracy Cody made the motion to deny the variance requests based on staff’s recommendation and due to the potential safety hazards. Sid Gilbreath seconded the motion and the motion carried unanimously. VARIANCES DENIED. ADJOURNMENT: 5:45 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING _____________________________ ______________________________ JAYNE BARNS CPS JANE FLATT, CHAIRMAN PLANNING ASSISTANT BOARD OF ZONING APPEALS