Board of Zoning Appeals

BOARD OF ZONING APPEALS MINUTES AUGUST 13, 2009 The Board of Zoning Appeals met on Thursday, August 13, 2009, at 5:15 p.m. in the Council Chambers, 45 E. Broad Street, Cookeville, Tennessee. MEMBERS PRESENT: Paul Bonner, Tracy Cody, Kay Detwiler, and Sid Gilbreath. MEMBER ABSENT: Jane Flatt. STAFF PRESENT: James Mills, Jayne Barns, and Ken Young. OTHERS PRESENT: Larry Vickers. CONSIDER FOR APPROVAL THE MINUTES OF JUNE 11, 2009. Paul Bonner made the motion to approve the minutes of June 11, 2009. Tracy Cody seconded the motion and the motion carried unanimously. APPROVED. CONSIDER A REQUEST FOR A VARIANCE TO REDUCE THE MINIMUM LOT SIZE REQUIREMENT FOR 2 LOTS IN A PROPOSED 4 LOT SUBDIVISION OF AN EXISTING SINGLE FAMILY ATTACHED DEVELOPMENT LOCATED AT 310 SOUTH CEDAR AVENUE. REQUEST SUBMITTED BY LARRY VICKERS ON BEHALF OF CEDAR POINTE INVESTMENT LLC. James Mills stated that Mr. Larry Vickers, on behalf of Cedar Pointe Investment LLC, has submitted for approval a request for a variance to reduce the minimum lot size requirement for two (2) lots in a proposed four (4) lot subdivision of an existing development located at 310 South Cedar Avenue. The subject property is identified as Parcel 7.00 on Tax Map 58J, Group G and is zoned as RD, Single Family and Duplex Residential. The property consists of approximately 0.54 acres or 23,500 square feet. Located on the parcel is a four (4) unit multi-family structure. Mr. Vickers has proposed subdividing the development into four (4) townhouse lots. The subdivision would allow for individual ownership of each unit. The existing multi-family use of the subject property is considered legal nonconforming. Single family attached dwellings (townhouses) on individual lots are permitted uses in the RD District. In the RD District the minimum lot size requirement is 5,000 square feet per dwelling unit. Under the proposed development the minimum lot size of Lots 2 and 3 is 4,230 square feet and 4,501 square feet, or approximately 15 percent and 10 percent below the required minimum. Lots 1 and 4, at 6,918 square feet and 7,917 square feet, exceed the minimum lot size requirement. All other requirements, including minimum lot width, are met, or are considered legal nonconforming (grandfathered). The requested variance appears to be the minimum necessary to allow the conversion of the development. Approval of the variance will not be detrimental to area and will, in fact, bring the usage of the property into conformity with the provisions of the RD District. BOARD OF ZONING APPEALS 2 AUGUST 13, 2009 Staff recommended approval of the variance request. Larry Vickers stated that after the current leases expire, he intends on selling the property. Tracy Cody made the motion to approve a 499 sq. ft. variance for Lot #2 and a 770 sq. ft. variance for Lot #3 in the minimum lot size requirement on the property located at 310 South Cedar Avenue. Kay Detwiler seconded the motion and the motion carried unanimously. APPROVED. ADJOURNMENT: 5:21 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING _____________________________ _____________________________________ JAYNE BARNS CPS SID GILBREATH, ACTING CHAIRMAN PLANNING ASSISTANT BOARD OF ZONING APPEALS