Board of Zoning Appeals

BOARD OF ZONING APPEALS MINUTES MARCH 8, 2012 The Board of Zoning Appeals met on Thursday, March 8, 2012, at 5:15 p.m. in the Council Chambers, 45 E. Broad Street, Cookeville, Tennessee. MEMBERS PRESENT: Paul Bonner, Tracy Cody, Kay Detwiler, and Jane Flatt. MEMBER ABSENT: Sid Gilbreath. STAFF PRESENT: James Mills and Ken Young. STAFF ABSENT: Jayne Barns. OTHERS PRESENT: Nicole Vance Andersen, Ricky Andersen, Marjorie Bonner, Mike Williams and Bryan Williams. Jane Flatt announced that a young Boy Scout named Ricky Andersen was in the audience. He attended the meeting as part of his effort to earn his Citizenship in the Community merit badge. Jane Flatt recognized him and had the Boy Scout introduce himself and state the goals that he was trying to achieve. The Board applauded his efforts. ELECTION OF CHAIRMAN AND VICE CHAIRMAN. Paul Bonner made the motion to elect Jane Flatt as Chairman and Sid Gilbreath as Vice Chairman. Kay Detwiler seconded the motion and the motion carried unanimously. CHAIRMAN: JANE FLATT AND VICE-CHAIRMAN: SID GILBREATH. CONSIDER FOR APPROVAL THE MINUTES OF DECEMBER 8, 2011. Paul Bonner made the motion to approve the minutes of December 8, 2011. Tracy Cody seconded the motion and the motion carried unanimously. APPROVED. CONSIDER A REQUEST FOR A “SPECIAL EXCEPTION” TO ALLOW USED AUTO SALES IN A CL (LOCAL COMMERCIAL) ZONE ON THE PROPERTY LOCATED AT 905 WEST BROAD STREET. REQUEST SUBMITTED BY MICHAEL C. WILLIAMS ON BEHALF OF RCH PROPERTIES. James Mills stated that Mr. Michael Williams, on behalf of property owner RCH Properties, has submitted a request for a special exception to allow the location of a used auto sales establishment on property located in the CL, Local Commercial District at 905 West Broad 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. The conditions specified in Section 221.4E are as follows: • Shall not be located adjacent to any district zoned RS-20, RS-15, RS-10, RS-5 or RD unless separated by a public street as shown on the Official Street Map. A portion of the subject property’s northern boundary is adjacent to a small portion of a parcel BOARD OF ZONING APPEALS 2 MARCH 8, 2012 zoned as RS-10 with the remaining portion of the northern boundary separated from the RS-10 zone by a public street (Crescent Drive). The provision of a buffer area where no vehicles, parts or related materials can be stored or placed, should in the opinion of the Planning Department, minimize any impact on the adjacent residentially zoned property. • Shall be located on streets of at least Major Collector status. West Broad Street is classified a Major Collector. • Shall conform with the requirements of Section 206.15 of the Zoning Code. Additionally, all parking areas, including those for auto sales, must be surfaced as specified in Section 205.7C of the Zoning Code. A special exception for use auto sales was previously approved for the subject property by the Board of Zoning Appeals in October of 2002. Staff recommended approval of request subject to compliance with applicable provisions of the Zoning Code and with the restriction of a buffer area 50 feet in depth from the northern boundary in which no vehicles, parts or related materials shall be stored or placed. Mr. Mills added that the adjacent property owner, James Pardue, had met with him concerning the Special Exception request and that Mr. Pardue was satisfied with the use as proposed per the recommendation which included the 50’ buffer stipulation. Paul Bonner made the motion to approve the “Special Exception” subject to staff’s recommendation. Kay Detwiler seconded the motion and the motion carried unanimously. APPROVED SPECIAL EXEMPTION WITH CONDITIONS. ADJOURNMENT: 5:22 P.M SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING _____________________________ ______________________________ KEN YOUNG JANE FLATT, CHAIRMAN PLANNER BOARD OF ZONING APPEALS