Board of Zoning Appeals

BOARD OF ZONING APPEALS MINUTES DECEMBER 8, 2011 The Board of Zoning Appeals met on Thursday, December 8, 2011, at 5:15 p.m. in the Council Chambers, 45 E. Broad Street, Cookeville, Tennessee. MEMBERS PRESENT: Paul Bonner, Jane Flatt, and Sid Gilbreath. MEMBER ABSENT: Tracy Cody and Kay Detwiler. STAFF PRESENT: James Mills, Jayne Barns, and Ken Young. OTHERS PRESENT: Aaron Bernhardt, Marjorie Bonner, and Amye Wright. CONSIDER FOR APPROVAL THE MINUTES OF DECEMBER 8, 2011. Paul Bonner made the motion to approve the minutes of December 8, 2011. Sid Gilbreath seconded the motion and the motion carried unanimously. APPROVED. CONSIDER A REQUEST FOR A VARIANCE TO REDUCE A PORTION OF THE FRONT YARD SETBACK REQUIREMENTS ON E. HUDGENS STREET FROM 30’ TO 25’ FOR A TOTAL VARIANCE OF UP TO 5’ ON THE PROPERTY LOCATED AT 1321 E. HUDGENS STREET & 470 OLD KENTUCKY ROAD. REQUEST SUBMITTED BY JERRY C. GAW, INC. James Mills stated that Mr. Jerry Gaw has submitted a request for a variance to reduce the street side setback requirement for a portion of his property located at 1321 East Hudgens Street and 470 Old Kentucky Road. The purpose of the request is to allow for the construction of townhouses. The subject property is identified as Parcels 6.00 and 7.00 on Tax Map 52I, Group C and is zoned as CG, General Commercial. Mr. Gaw is in the process of combining the two parcels. The combined tracts form a corner lot with frontage and access on both Old Kentucky Road and East Hudgens Street. Two (2) single family dwellings located on the property are to be removed. The minimum setback requirement off street side corner lots in the CG district is 30 feet. The request is for a reduction of the setback from 30 feet to no less than 25 feet at five (5) separate points along East Hudgens Street. This represents a maximum reduction of approximately 17 percent. The widths of the five (5) encroachments range from just over six (6) feet to slightly less than ten (10) feet. The property has frontage along East Hudgens Street for a length of approximately 375 feet. East Hudgens Street on the east side of Old Kentucky Road is a dead-end street extending approximately 100 feet past the subject property. It is classified as a minor street and has a right-of-way width of 40 feet and a pavement width of 17 feet. Properties along the north side of the street are accessed from Charleston Drive. BOARD OF ZONING APPEALS 2 DECEMBER 8, 2011 The subject property is triangular in shape narrowing in width to the east along East Hudgens Street. Mr. Gaw would like to locate the proposed structures so that they front and are parallel with Old Kentucky Road. The Planning Department is of the opinion that this would be the best orientation for the development. Without approval of the requested variance, a number of units would be lost with the desired orientation due to the particular shape of the property. In addition to the unique shape of property, it appears that the requested variance is the minimum necessary to allow a reasonable use of the land and that approval will not be detrimental to the public welfare or injurious to other property. In the opinion of the Planning Department the variance meets the criteria for approval as specified in the Zoning Code. Staff recommended approval of the request. Paul Bonner made the motion to approve a Variance to reduce a portion of the front yard setback requirements on East Hudgens Street from 30’ to 25’ for a total Variance of up to 5’ on the property located at 1321 East Hudgens Street and 470 Old Kentucky Road. Sid Gilbreath seconded the motion and the motion carried unanimously. APPROVED. James Mills announced that terms will expire on January 1, 2012 for Kay Detwiler and Paul Bonner and that they both have agreed to serve another term if reappointed by the City Council. ADJOURNMENT: 5:42 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING _____________________________ ______________________________ JAYNE BARNS CPS JANE FLATT, CHAIRMAN PLANNING ASSISTANT BOARD OF ZONING APPEALS