Board of Zoning Appeals

BOARD OF ZONING APPEALS MINUTES NOVEMBER 13, 2008 The Board of Zoning Appeals met on Thursday, November 13, 2008, at 5:15 p.m. in the Council Chambers, 45 E. Broad Street, Cookeville, Tennessee. MEMBERS PRESENT: Larry Burgess, Tracy Cody, Jane Flatt, and Sid Gilbreath. MEMBER ABSENT: Kay Detwiler. STAFF PRESENT: James Mills, Jayne Barns, and Ken Young. OTHERS PRESENT: Jerry Greer, Lauren Shibakov, Heather Mullinix, and Joseph Robertson. CONSIDER FOR APPROVAL THE MINUTES OF SEPTEMBER 11, 2008. Sid Gilbreath made the motion to approve the minutes of September 11, 2008. Larry Burgess seconded the motion. Votes: Larry Burgess-aye, Jane Flatt-aye, and Sid Gilbreath-aye. APPROVED. CONSIDER A REQUEST FOR A VARIANCE TO REDUCE THE NUMBER OF PARKING SPACES REQUIRED FROM 32 TO 16 ON THE PROPERTY LOCATED AT 296 WEST BROAD STREET. REQUEST SUBMITTED BY JOSEPH ROBERTSON. James Mills stated that Mr. Joseph Robertson has submitted for approval a variance request to reduce the required off- street parking requirement for his property located at 296 West Broad Street and identified as Parcel 27.00 on Tax Map 53G, Group A. The subject property is zoned as CL, Local Commercial. Located on the property are 2 structures consisting of 4,800 square feet and 1,680 square feet. The structures, which have been recently renovated by Mr. Robertson, have been used as a mini-storage facility for the past several years. The larger structure appears to have been originally constructed as a mini-storage facility while the smaller structure appears to have been converted for such use. Mr. Robertson is requesting a reduction of the minimum parking requirement to allow the conversion of both structures for retail use. A submitted site plan indicates that a total of 16 spaces can be provided on the property, with 11 spaces in front of the larger structure and 5 in front of the smaller structure. The 16 spaces are more than twice what is required for the mini-storage facility use of the property. The minimum parking requirement for retail use is 1 space for every 200 square feet of floor space. For the 6,480 square feet of floor space at the subject property a minimum of 32 off-street parking spaces would be required for conversion to retail use. The larger structure would require 24 parking spaces for conversion and the smaller structure would require 8 spaces. Conversion of both structures for retail use would therefore require a 50 percent reduction in the required parking. In the opinion of the Planning Department there is no hardship or unique circumstance with the subject property that would justify a reduction of the parking requirement to the degree requested. However, approval of variance to reduce the required parking for the conversion of the 1,680 square feet structure for retail use seems to be a reasonable consideration. As previously noted the smaller structure would require 8 parking spaces if converted to retail use, or a variance of 3 spaces. If the use of the larger structure remains as a mini-storage facility, then an excess of spaces would be available for use by the smaller structure. BOARD OF ZONING APPEALS 2 NOVEMBER 13, 2008 Staff recommended denial of request as submitted, but recommended approval of variance to reduce the required number of parking spaces by 3 spaces for the conversion of the 1,680 square feet structure to retail use, subject to the use of the 4,800 square feet structure remaining as mini-storage and subject to any future subdivision of the property being conditional on the provision of a parking easement. Joseph Robertson stated that his request was to convert both buildings for retail commercial uses. Mr. Robertson added that it would not be possible to subdivide the property due to the side setbacks between the two buildings. James Mills added that he would still like to keep in the recommendation the provision of a parking easement if the property is subdivided in the future. Sid Gilbreath made the motion to deny the request as submitted. Larry Burgess seconded the motion. Votes: Larry Burgess-aye, Jane Flatt-aye, and Sid Gilbreath-aye. Motion Carried. REQUEST DENIED AS SUBMITTED. Sid Gibreath made the motion to approve a variance to reduce the number of parking spaces by 3 spaces for the conversion of the 1,680 sq. ft. structure to retail use, subject to the use of the 4,800 sq. ft. structure remaining as mini-storage and subject to any future subdivision of the property being conditional on the provision of a parking easement. Larry Burgess seconded the motion. Votes: Larry Burgess-aye, Jane Flatt-aye, and Sid Gilbreath-aye. Motion Carried. APPROVED VARIANCE FOR THREE (3) PARKING SPACES FOR 1,680 SQ. FT. BUILDING, SUBJECT TO CONDITIONS. CONSIDER A REQUEST FOR A VARIANCE TO REDUCE THE FRONT SETBACKS ON GOULD DRIVE AND UNIVERSAL DRIVE FROM 30’ TO 20’, A VARIANCE TO REDUCE THE REAR SETBACK FROM 20’ TO 10’ AND A VARIANCE FOR THE LANDSCAPE STRIP ON ALL 3 ROAD FRONTAGES ON THE PROPERTY LOCATED AT 438 UNIVERSAL DRIVE. REQUEST SUBMITTED BY LAUREN SHIBAKOV OF LAUREN ENGINEERING ON BEHALF OF JERRY GREER. James Mills stated that Ms. Lauren Shibakov of Lauren Engineering, on behalf of property owner Jerry Greer, has submitted for approval a request for a number of variances from the front and rear setback and landscape yard requirements for property located 438 Universal Drive and identified as Parcel 102.28 on Tax Map 65. The subject property is zoned as CI, Commercial-Industrial Mixed Use and is currently vacant. It consists of approximately 1.59 acres and has frontage on three streets including Universal Drive, Gould Drive and an unnamed street connecting Universal and Gould. The minimum front and street side setback requirements in the CI District are 30 feet and the minimum rear setback requirement is 20 feet. In addition, a 10 feet wide landscape yard is required within the first 10 feet of the setback area along all street frontages. The specific variance requests are for reductions of the front and street side setback requirements by 10 feet, reduction of rear setback requirement by 10 feet, and a waiver of all landscape yard requirements. A submitted site plan depicts the proposed construction of two 12,000 square feet structures and related parking. The site plan indicates that the proposed structures would not extend within the setback area off the unnamed street and would only partially extend within the 30 feet setbacks off Gould Drive and Universal Drive. The largest proposed encroachment would be at the southwestern corner of the southern structure for a distance of approximately 12 feet at a maximum depth of only approximately 4 feet. BOARD OF ZONING APPEALS 3 NOVEMBER 13, 2008 As is depicted on the site plan, the boundary lines of the subject property are a significant distance from the current adjacent edges of pavement. Along Universal Drive a distance of 17 feet is indicated, along the unnamed street a distance of approximately 28 feet is indicated, and along Gould Drive a distance of 40 feet is indicated. The Planning Department is unaware of any plans to ever widen Universal Drive or the unnamed street; however, it is likely that Gould Drive will be widened in the future. The site plan also indicates the possible location of a sinkhole along Gould Drive. While the number of street frontages and generally excessive rights-of-ways of these streets do create a unique and particular hardship for the subject property, the extent of the variances as specifically requested is significant. The extent is greatly reduced if the variances are based on the proposed site plan, instead of the requested blanket 10 feet reduction of setbacks. The impact of waiving the landscape yard requirement is also lessened with the availability of excessive right-of-way along most of the street frontages. Staff recommended denial of request as submitted, but recommended approval of variances to reduce the front, street side, and rear setbacks only as depicted on the submitted site plan subject to Public Works Department approving any modification of, or encroachment in, the sinkhole area along Gould Drive and approval of the variance to waive the requirement for the provision of a landscape yard within the first 10 feet of the street side setback areas subject to the provision of such landscape requirements being installed and maintained by the property owner within the adjoining excess street right-of-ways. Sid Gilbreath made the motion to deny the request as submitted. Tracy Cody seconded the motion. Votes: Larry Burgess-aye, Jane Flatt-aye, Sid Gilbreath-aye, and Tracy Cody-aye. Motion Carried. REQUEST DENIED AS SUBMITTED. Sid Gilbreath made the motion to approve variances to reduce the front, street side, and rear setbacks only as depicted on the submitted site plan subject to Public Works Department approving any modification of, or encroachment in, the sinkhole area along Gould Drive and approval of the variance to waive the requirement for the provision of a landscape yard within the first 10 feet of the street side setback areas subject to the provision of such landscape requirements being installed and maintained by the property owner within the adjoining excess street right-of-ways. Tracy Cody seconded the motion. Votes: Larry Burgess-aye, Jane Flatt-aye, Sid Gilbreath-aye, and Tracy Cody-aye. Motion Carried. VARIANCES APPROVED ACCORDING TO SITE PLAN AND SUBJECT TO CONDITIONS. Lauren Shibakov and Jerry Greer stated that they agreed to the conditions approved by the Board. ADJOURNMENT: 5:40 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING _____________________________ ______________________________ JAYNE BARNS CPS JANE FLATT, CHAIRMAN PLANNING ASSISTANT BOARD OF ZONING APPEALS