Board of Zoning Appeals

BOARD OF ZONING APPEALS MINUTES JUNE 14, 2012 The Board of Zoning Appeals met on Thursday, June 14, 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, Jayne Barns, and Ken Young. OTHERS PRESENT: Buffy Davison, Marjorie Bonner, William Haberkamp, and Amye Wright. CONSIDER FOR APPROVAL THE MINUTES OF MARCH 8, 2012. Paul Bonner made the motion to approve the minutes of March 8, 2012. Tracy Cody seconded the motion and the motion carried unanimously. Votes: Paul Bonner - aye, Tracy Cody - aye, and Jane Flatt – aye. APPROVED. CONSIDER A REQUEST FOR A “SPECIAL EXCEPTION” FOR A USED CAR LOT ON THE PROPERTY LOCATED AT 1309 WEST BROAD STREET. REQUEST SUBMITTED BY SCOTT DAVISON AND BEHALF OF ALLEN DAVISON. James Mills stated that Mr. Scott Davison, on behalf of property owner Allen Davison, 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 1309 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. All properties contiguous with the subject property are zoned as CL. • 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. Staff recommended approval of request subject to compliance with applicable provisions of the Zoning Code. BOARD OF ZONING APPEALS 2 JUNE 14, 2012 Tracy Cody made the motion to approve the request for a “Special Exception” for a Used Car Lot on the property located at 1309 West Broad Street, subject to compliance with applicable provisions of the Zoning Code. Paul Bonner seconded the motion and the motion carried unanimously. Votes: Paul Bonner - aye, Tracy Cody - aye, and Jane Flatt - aye. APPROVED, SUBJECT TO COMPLIANCE WITH THE ZONING CODE. Kay Detwiler was only present during the following agenda item. CONSIDER A REQUEST FOR A VARIANCE TO INCREASE THE SIZE FOR A DETACHED GARAGE FROM 400 SQ. FT. TO 500 SQ. FT. FOR A TOTAL VARIANCE OF 100 SQ. FT. ON THE PROPERTY LOCATED ON 511 NORTH DIXIE AVE. REQUEST SUBMITTED BY WILLIAM AND PAULA HABERKAMP. James Mills stated that Mr. Bill Haberkamp has submitted a request for a variance to increase the maximum size of an accessory structure allowed to be located within five (5) feet from the rear and side property lines when located to the rear of a principal structure located at 511 North Dixie Avenue. Section 204.8F of the Zoning Code provides that in the RS and RD Districts accessory structures less than 400 square feet in size may be located no closer than five (5) feet from any rear or side property line when located to the rear of the principal structure. Accessory structures larger than 400 square feet are required to comply with the principal structure setback requirements. The subject property is zoned as RS-15, Single Family Residential. Within the RS-15 district the minimum side yard setback is 10 feet and the minimum rear yard setback is 25 feet. Mr. Haberkamp is requesting that he be allowed to locate a garage of between 480 and 500 square feet in size (either 20 X 24 or 20 X 25) to within five (5) feet of the side and rear property lines to the rear of his home. He indicates that there are several site constraints that would prohibit locating an accessory structure of greater than 400 square feet in compliance with the side and rear yard setback requirements. These include the narrowness of the lot, the depth of the rear yard, the location of existing utilities, and the current use of a shared driveway. Mr. Haberkamp also indicates that the street facing facade would appear almost identical to a 400 square foot (20 X 20) structure. The subject property is located within the North Dixie Historic District and is subject to the design guidelines for the district. New construction within the district must be approved by the Historic Zoning Commission. In the opinion of the Planning Department the request meets the criteria for granting a variance as specified in Section 233.9D (3)(d) of the Zoning Code. Staff recommended approval of the request. Ken Young added that on June 12, 2012 the Historic Zoning Commission approved Mr. & Mrs. Haberkamp’s request for a Certificate of Appropriateness for the addition of a garage on their property located at 511 North Dixie Avenue. BOARD OF ZONING APPEALS 3 JUNE 14, 2012 William Haberkamp stated that the garage will be 5’ from the rear property line. Tracy Cody made the motion to approve the variance to increase the size for a detached garage from 400 sq. ft. to 500 sq. ft. for a total Variance of 100 sq. ft. on the property located at 511 North Dixie Avenue. Kay Detwiler seconded the motion and the motion carried unanimously. Votes: Paul Bonner - aye, Tracy Cody - aye, Kay Detwiler - aye, and Jane Flatt - aye. APPROVED 100 SQ. FT. VARIANCE. ADJOURNMENT: 5:25 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING _____________________________ ______________________________ JAYNE BARNS CPS JANE FLATT, CHAIRMAN PLANNING ASSISTANT BOARD OF ZONING APPEALS