Board of Zoning Appeals

BOARD OF ZONING APPEALS MINUTES SEPTEMBER 11, 2008 The Board of Zoning Appeals met on Thursday, September 11, 2008, at 5:15 p.m. in the Council Chambers, 45 E. Broad Street, Cookeville, Tennessee. MEMBERS PRESENT: Larry Burgess, Kay Detwiler, Jane Flatt, and Sid Gilbreath. MEMBER ABSENT: Tracy Cody. STAFF PRESENT: James Mills, Jayne Barns, and Ken Young. OTHERS PRESENT: Lucie Klein, Del Zalewski, Melissa Kidd, Veronica & Aaron Herd, Randy Evans, Ray Wear, John Magura, Kathleen Airhart, Lucille Hunter & Trustees, Bob Farris, and Jason Kesterson. CONSIDER FOR APPROVAL THE MINUTES OF JULY 10, 2008. Sid Gilbreath made the motion to approve the minutes of July 10, 2008. Kay Detwiler seconded the motion and the motion carried unanimously. APPROVED. CONSIDER A REQUEST FOR A 12’ VARIANCE IN THE FRONT SETBACK REQUIREMENTS ON THE PROPERTY LOCATED AT 1111 SUGARTREE POINTE. REQUEST SUBMITTED BY RAY WEAR ON BEHALF OF RANDY AND MONICA EVANS. James Mills stated that Mr. Ray Wear, on behalf of property owners Mr. Randy Evans and Ms. Monica Evans, has submitted for approval a variance request to reduce the front setback requirement for their property located at 1111 Sugartree Pointe and identified as Parcel 14.16 on Tax Map 53M, Group B. The subject property is zoned as PRD, Planned Residential Development. The Sugartree Subdivision was approved with a front setback requirement of 30 feet. As depicted on a submitted survey, the Evans’ are requesting a setback variance of 12 feet for the purpose of constructing a single family residence. The reduction would result in the structure being located approximately 18 feet from the front property line. The Evans property is located on a cul-de-sac which has a radius of 60 feet. Typically the radius for cul-de-sacs on local streets is 50 feet. The additional radius would place the proposed structure further from the street than other structures in the subdivision. According to information submitted by Mr. Wear, the adjacent structure at 1081 Sugartree Pointe is, at its closest point, setback 11 feet from the front setback. Compliance with the current setback would place the proposed structure considerably behind the structure at 1081 Sugartree Pointe. The Evans property is also encumbered by significant slope from front to back and locating the residence at the current setback would significantly increase the cost of construction. The location proposed by the Evans for the construction of their house appears to the most suitable site on the property. BOARD OF ZONING APPEALS 2 SEPTEMBER 11, 2008 Due to the unique physical conditions of the subject and contiguous properties, there appear to be particular hardships that would justify the approval of a reduction in the setback as requested. Staff recommended approval of the request. Sid Gilbreath made the motion to approve the 12’ Variance in the front yard setback requirements. Larry Burgess seconded the motion and the motion carried unanimously. APPROVED. Kay Detwiler stated that she appreciated the extra information that was included in the notebooks. CONSIDER A REQUEST FOR A “SPECIAL EXCEPTION” TO ALLOW IN A RS-20 ZONE A NEW PREK-8 PUBLIC SCHOOL ON A 60-ACRE TRACT LOCATED WEST OF SOUTH JEFFERSON AVENUE, NORTH OF PIGEON ROOST CREEK ROAD AND EAST OF BUNKER HILL ROAD. REQUEST SUBMITTED BY PAUL M. MCCALL OF COCKRILL DESIGN AND PLANNING ON BEHALF OF PUTNAM COUNTY SCHOOLS. James Mills stated that Mr. Paul McCall of Cockrill Design and Engineering, on behalf Putnam County Schools, has submitted for approval a request for a special exception to allow the location of a K-8 public education facility on property zoned as RS-20, Single-Family Residential, and located off South Jefferson Avenue and Bunker Hill Road. Special exceptions are uses that are appropriate for a particular zone provided certain specific conditions are met. Public schools may be permitted as special exceptions in the RS-20 District when meeting the conditions of Section 210.3B of the Zoning Code. The conditions specified in Section 210.3B are as follows: • Shall be located on streets with a classification of no less than major collector status. South Jefferson Avenue is classified as a major arterial street and Bunker Hill Road is classified as a major collector street. Access to the school from South Jefferson Avenue and Bunker Hill Road is planned via an extension of West Cemetery Road, which is classified as major collector street. • When adjacent to lots zoned or used for residential purposes a Type 2 Screen/Buffer shall be provided along all shared lot lines. Based on a preliminary site plan this requirement will be met or exceeded. It should be noted that it is presently planned that the City of Cookeville will construct the extension of West Cemetery Road. The construction will involve the installation of a berm with landscaping on the north side of the street to provide a buffer for the residential development to the north. Staff recommended approval of the special exception request, subject to compliance with all other requirements of the Zoning Code. Jason Kesterson, 71 Monticello Circle, had questions about how close the proposed road would be from the residential areas on the northern part of the school property. BOARD OF ZONING APPEALS 3 SEPTEMBER 11, 2008 Mr. Mills replied that the road will have a setback of 30’ from the residential areas to allow a buffer zone and a landscape strip that is proposed to consist of a berm 6’ in height with landscaping on top of the berm. Mr. Mills added that this road has been on the major road plan for the past 10 years and that the City will be constructing the new road. The road project is not part of the special exception request. Mr. Kesterson was concerned because his property was at a higher grade than the berm and he wanted to know if the berm could be higher to help shield the back of his home and other homes that might be affected by the noise and lights from the vehicles. Mr. Mills replied that the Public Works Department was in charge of the road construction and that they will have a public hearing concerning the location and design of the road when the final design is completed. Mr. Mills added that he will request that the Public Works Department notify the residents that will be affected by the road construction, so they can attend the meeting and share their concerns. Aaron Herd, 3702 Bunker Hill Road, was concerned about water runoff from the school property. Mr. Mills replied that according to city codes that the amount of water post development cannot exceed the amount prior to development. The stormwater drainage plans have to be engineered and must comply with all city codes. Sid Gilbreath made the motion to approve the special exception to allow a PreK-8 public school. Kay Detwiler seconded the motion and the motion carried unanimously. APPROVED. ADJOURNMENT: 5:32 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING _____________________________ ______________________________ JAYNE BARNS CPS JANE FLATT, CHAIRMAN PLANNING ASSISTANT BOARD OF ZONING APPEALS