Board of Zoning Appeals

BOARD OF ZONING APPEALS MINUTES NOVEMBER 12, 2009 The Board of Zoning Appeals met on Thursday, November 12, 2009, at 5:15 p.m. in the Council Chambers, 45 E. Broad Street, Cookeville, Tennessee. MEMBERS PRESENT: Paul Bonner, Tracy Cody, Kay Detwiler, Jane Flatt, and Sid Gilbreath. STAFF PRESENT: James Mills, Jayne Barns, and Ken Young. OTHERS PRESENT: Danny Frye. CONSIDER FOR APPROVAL THE MINUTES OF OCTOBER 8, 2009. Paul Bonner made the motion to approve the minutes of October 8, 2009. 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 829 EAST SPRING STREET. REQUEST SUBMITTED BY DANNY FRYE. James Mills stated that Mr. Danny Frye has submitted a request for a special exception to allow the location of a used auto sales establishment on his property located in the CL, Local Commercial District at 829 East Spring Street. Under the provisions of CL zoning, auto sales establishments may be allowed as special exceptions subject to compliance with the provisions of Section 221.4E of the Zoning Code. Additionally, all parking areas, including those for auto sales, must be surfaced as required in Section 205.7C of the Zoning Code. Since this is a corner lot, the provisions of Section 204.1A prohibiting obstruction of visibility at intersections will also apply for the parking or display of all vehicles. Please note that should the request be approved, Section 233.9D (2g) provides that failure to complete the action for which a special exception has been approved within one (1) year after the date of approval shall void the special exception. Staff recommended approval of request subject to compliance with applicable provisions of the Zoning Code. Danny Frye stated that the business will consist of aftermarket vehicle modifications, and in order to get their license they have to be considered like a used car lot, have a permanent address, get approval by the Board of Zoning Appeals, and obtain a zoning confirmation letter. Sid Gilbreath made the motion to approve the “Special Exception” to allow used auto sales in a CL zone on the property located at 829 East Spring Street, subject to compliance with applicable provisions of the Zoning Code. Paul Bonner seconded the motion and the motion carried unanimously. APPROVED SPECIAL EXCEPTION. ADJOURNMENT: 5:22 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING _____________________________ ______________________________ JAYNE BARNS CPS JANE FLATT, CHAIRMAN PLANNING ASSISTANT BOARD OF ZONING APPEALS