Board of Zoning Appeals

BOARD OF ZONING APPEALS MINUTES JULY 10, 2008 The Board of Zoning Appeals met on Thursday, July 10, 2008, at 5:15 p.m. in the Council Chambers, 45 E. Broad Street, Cookeville, Tennessee. MEMBERS PRESENT: Larry Burgess, Tracy Cody, Kay Detwiler, and Sid Gilbreath. MEMBER ABSENT: Jane Flatt. STAFF PRESENT: James Mills, Jayne Barns, and Ken Young. OTHERS PRESENT: Brant & Latisha Billen and Tom Steelman. CONSIDER FOR APPROVAL THE MINUTES OF APRIL 10, 2008. Tracy Cody made the motion to approve the minutes of April 10, 2008. Kay Detwiler seconded the motion and the motion carried unanimously. APPROVED. CONSIDER A REQUEST FOR A “SPECIAL EXCEPTION” TO ALLOW USED AUTO SALES IN A CL ZONE ON THE PROPERTY LOCATED AT 717 EAST SPRING STREET. REQUEST SUBMITTED BY TOM STEELMAN ON BEHALF OF ED ROBINSON. James Mills stated that Mr. Tom Steelman, on behalf of property owner Mr. Ed Robinson, 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 717 East Spring Street. 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 on all sides to properties zoned as CL. • Shall be located on streets of at least Major Collector status. East Spring Street is classified a Major Collectors. • Shall conform with the requirements of Section 206.15 of the Zoning Code. Staff recommended approval of the request for a special exception, subject to compliance with all other requirements of the Zoning Code. Kay Detwiler made the motion to approve the “Special Exception” to allow used auto sales in a CL zone on the property located at 717 East Spring Street, subject to compliance with all requirements of the Zoning Code. Tracy Cody seconded the motion and the motion carried unanimously. APPROVED. BOARD OF ZONING APPEALS 2 JULY 10, 2008 CONSIDER A REQUEST FOR A VARIANCE IN THE FRONT SETBACK REQUIREMENTS ON THE PROPERTY LOCATED AT 5501 SULLIVAN ROAD. REQUEST SUBMITTED BY BRANT AND LATISHA BILLEN. James Mills stated that Mr. and Mrs. Brant and Latisha Billen have submitted for approval a variance request to reduce the front setback requirement for their property located at 5501 Sullivan Road and identified as Parcel 70.00 on Tax Map 96. The subject property is zoned as RS-20, Single Family Residential. The portion of Sullivan Road along the Billens property is located within the right-of-way of State Highway 111. The minimum setback requirement of the RS-20 District from a major street is 50 feet. As depicted on a submitted survey, the Billens are requesting a setback variance of 37 feet for the purpose of constructing a single family residence. The reduction would result in the structure being located approximately 13 feet from the front property line which is the western right-of-way of State Highway 111. The Billens property is encumbered by two significant physical constraints. First, as is depicted on the submitted survey, a majority of the property is located within a FEMA identified floodplain. Second, as is depicted on the topographic map, most of the property outside the floodplain is subject to severe slope. The location proposed by the Billens for the construction of their house appears to the most suitable site on the property. In the opinion of the Planning Department, due to the unique physical conditions of the subject property, there appears to be particular hardships that would justify the approval of a reduction in the required setback. Staff recommended approval of the request. Kay Detwiler made the motion to approve the 37’ variance in the front yard setback on the property located at 5501 Sullivan Road. Larry Burgess seconded the motion and the motion carried unanimously. APPROVED. ADJOURNMENT: 5:25 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING _____________________________ _____________________________________ JAYNE BARNS CPS SID GILBREATH, ACTING CHAIRMAN PLANNING ASSISTANT BOARD OF ZONING APPEALS