Board of Zoning Appeals

BOARD OF ZONING APPEALS MINUTES FEBRUARY 14, 2013 The Board of Zoning Appeals met on Thursday, February 14, 2013, at 5:15 p.m. in the Council Chambers, 45 E. Broad Street, Cookeville, Tennessee. MEMBERS PRESENT: Tracy Cody, Kay Detwiler, and Jane Flatt. MEMBER ABSENT: Paul Bonner and Sid Gilbreath. STAFF PRESENT: James Mills, Jayne Barns, and Ken Young. OTHERS PRESENT: Paul Donadio, A. J. Donadio, Skip Bartlett, Bryan Johnston and Laura Militana. ELECTION OF CHAIRMAN AND VICE-CHAIRMAN. Tracy Cody 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. ELECTED JANE FLATT AS CHAIRMAN AND SID GILBREATH AS VICE-CHAIRMAN. CONSIDER FOR APPROVAL THE MINUTES OF DECEMBER 13, 2012. Tracy Cody made the motion to approve the minutes of December 13, 2012. Kay Detwiler seconded the motion and the motion carried unanimously. APPROVED. CONSIDER A REQUEST FOR A VARIANCE TO REDUCE THE FRONT YARD SETBACK REQUIREMENTS ON WEST 5TH STREET FROM 30 FEET TO 25 FEET FOR A TOTAL VARIANCE OF 5 FEET; A VARIANCE TO INCREASE THE MAXIMUM LOT COVERAGE FROM 50% TO 63% AND A VARIANCE TO REDUCE SEPARATION OF ACCESS POINT TO STREET INTERSECTION FROM 50 FEET TO 42 FEET ON THE PROPERTY LOCATED ON THE CORNER OF NORTH PEACHTREE AVENUE, WEST 5TH STREET, AND NORTH WALNUT AVENUE. REQUEST SUBMITTED BY JOHN KENNY ON BEHALF OF TENNESSEE DELTA SAE ALUMNI HOUSE CORPORATION. James Mills stated that Mr. John Kenny, on behalf of property owner Tennessee Delta SAE Alumni House Corporation, has submitted a request for a number of variances for property zoned as UNV, University and located on Peachtree Avenue, West 5th Street and North Walnut Avenue. The subject property consists of approximately 0.75 acres and is currently vacant. It was recently acquired by the SAE Fraternity in a land swap with the Cookeville Regional Medical Center for the purpose of constructing a new fraternity. The site was rezoned from MS, Medical Services to UNV in 2012. The property originally consisted of multiple parcels that were combined into one tract. The petition indicates that three separate variances would be necessary to allow construction of the proposed structure. The first variance request is for the reduction of the front yard setback requirement for a portion of the proposed structure along West 5th BOARD OF ZONING APPEALS 2 FEBRUARY 14, 2013 Street. The minimum front setback requirement in the UNV district is 30 feet. As depicted on a submitted site plan the request is for a reduction of five (5) feet to 25 feet for a porch approximately 15 feet in width. The second submitted request is for an increase in the maximum lot coverage requirement, which in the UNV district is 50 percent. The petition indicates that an increase of 13 percent to 63 percent would be necessary to allow the proposed construction. In reviewing the site plan it appears that parking areas were erroneously calculated in the lot coverage. Based on the submitted site plan, the proposed structure would occupy significantly less than 50 percent of the lot area. Therefore a variance is not necessary. The third request is for a reduction in the minimum required separation of an access point (driveway) to a street intersection. Section 205.9F of the Zoning Code requires that driveways be located a minimum of 50 feet from cross streets at intersections. The submitted request is for a reduction of eight (8) feet to 42 feet from West 5th Street for a proposed driveway along North Walnut Avenue. In the opinion of the Planning Department the requested variances are the minimum necessary to allow a reasonable use the property and would not be detrimental to the public welfare or injurious to other property in the area. Staff recommended approval of variance to reduce the front yard setback requirements on West 5th Street from 30 feet to 24 feet for a total variance of 5 feet, and variance to reduce the separation of access point to street intersection from 50 feet to 42 feet. Tracy Cody made the motion to approve variance to reduce the front yard setback requirements on West 5th Street from 30 feet to 24 feet for a total variance of 5 feet, and variance to reduce the separation of access point to street intersection from 50 feet to 42 feet. Kay Detwiler seconded the motion and the motion carried unanimously. APPROVED FRONT SETBACK VARIANCE ON WEST 5TH STREET AND VARIANCE FOR SEPARATION OF ACCESS POINT TO STREET INTERSECTION. CONSIDER A REQUEST FOR A VARIANCE IN THE FRONT YARD SETBACK REQUIREMENTS FOR CARPORT ON THE PROPERTY LOCATED AT 633 WATAUGA ROAD, APT. A. REQUEST SUBMITTED BY ANDREW DONADIO ON BEHALF OF FLORENCE DONADIO TRUST. James Mills stated that Mr. Andrew Donadio, on behalf of the Florence Donadio Trust, has submitted a request for a variance from the front yard setback requirement for property zoned as CL, Local Commercial and located at 633 Watauga Road, Apartment A. The subject property is identified as Parcel 1.09 on Tax map 52P, Group C and consists of approximately 0.31 acres. A duplex is located on the property. According to a submitted survey the structure extends within the required front setback by approximately 11 feet. As the structure was erected prior to the property being annexed in 2001 it is classified as a legal nonconforming structure. BOARD OF ZONING APPEALS 3 FEBRUARY 14, 2013 Recently the Donadios erected an un-walled carport to the front of Apartment A within the required front yard setback off Watauga Road. Mr. Donadio indicates in an attachment to the petition that he contacted the Codes Department prior to the installation of the carport and was informed that a building permit was not required; however, he did not inquire nor was he informed that the carport would have to comply with applicable setback requirements. A complaint from a neighboring property was filed with the Codes Department and Mr. Donadio was notified that the carport was erected in violation of the building setback requirements. A submitted survey indicated that the carport was actually constructed 2 or 3 feet within the right-of-way of Watauga. The Board of Zoning Appeals does not have the authority allow construction within public street right-of-ways. Subsequent to the submittal of the variance request Mr. Donadio relocated the carport to the edge of the right-of-way. Thus the request would be for a complete reduction of the required setback requirement of 30 feet. Mr. Paul Donadio, Andrew Donadio’s brother, currently resides in Apartment A and the carport was installed for his benefit. Information has been submitted that Paul Donadio is physically handicapped with Multiple Sclerosis and needs the carport to assist him in getting to his vehicle during inclement weather. The requested variance of approximately 100 percent of the required setback for a portion of the property is excessive. The Planning Department is not aware of a past situation where the Board has approved a variance of the extent requested. There, however, do appear to be grounds for some degree of variance. Due to the narrowness of the lot and the width of the existing duplex there is no other location for a carport on the property other than within the required setback. The submitted survey also indicates that the structure is actually located partially on an adjacent parcel. Also, there is an existing structure on contiguous property to the north that is located within the required setback approximately five (5) from the edge of the right-of-way for Watauga Road. This adjacent structure is walled while the carport is not. The lack of walls minimizes the negative impact the carport has on visibility for ingress and egress. Additionally, Paul Donadio’s physical limitations are unique from the typical resident and may justify some degree of variance. Section 233.9D (3)(g) of the Zoning Code provides that the Board of Zoning Appeals may impose conditions and restrictions upon the premises being benefited by a variance to reduce or minimize the effect from such variation on surrounding property, and to better carry out the general intent of the Zoning Code. This section also provides that violation of such conditions and restrictions, when made a part of the terms under which the variance is granted, shall be deemed a violation of the Zoning Code. Staff recommended approval of request subject to the establishment of the following specific conditions and restrictions: • In no case shall walls be added to the carport. BOARD OF ZONING APPEALS 4 FEBRUARY 14, 2013 • The carport would be classified as a temporary structure and shall remain only as long as Mr. Paul Donadio is a resident of the property. The structure must be removed within thirty (30) days from the date that Mr. Paul Donadio no longer resides at the property. • Should public street or utility improvements be necessary in the future and the carport conflicts with the improvements, it shall be removed at the property owner’s expense. • The property owner must agree to these conditions and restrictions in writing and the deed to the property must be amended to reflect these conditions and restrictions A copy of the recorded deed with the amendments shall be provided to the Planning Department. Andrew Donadio stated that the carport is smallest size that they could get in order to help his brother, who is physically handicapped, get in and out of his van during rain or snow. Mr. Donadio added that his brother is unable to knock the snow off of his vehicle due to his condition. Mr. Donadio agreed to the terms and stipulations that was recommended by the Planning Department and stated that if his brother moved that he would take the carport with him. Bob Lane, property owner to the south, stated that he used to own the property and sold it to his neighbor several years ago. Mr. Lane felt that the variance was excessive and he was afraid that it would hurt his property values. Tracy Cody stated that the variance was a convenience to the property owner and not a necessity. Jane Flatt stated that everyone deserves a quality of life and base on the stipulations that the Planning Staff has placed on the carport as a temporary structure and not permanent one, and the fact that there is a similar carport in the same neighborhood next to the property line, she felt that granting the variance would be warranted. Kay Detwiler agreed. Kay Detwiler made the motion to grant the 30’ reduction in the front yard setback requirements. Jane Flatt seconded the motion. Votes: Kay Detwiler – aye, Jane Flatt – aye, and Tracy Cody – nay. Motion carried by majority vote. APPROVED VARIANCE IN FRONT YARD SETBACKS. CONSIDER A REQUEST FOR A VARIANCE TO REDUCE THE MINIMUM LOT SIZE REQUIREMENTS IN THE RD DISTRICT FOR TWO LOTS IN PROPOSED THREE LOT SUBDIVISION LOCATED ON THE CORNER OF EAST 15TH STREET, WOODLAND AVENUE, AND EAST 14TH STREET. REQUEST SUBMITTED BY DAVID BUCKNER. James Mills stated that Mr. David Buckner has submitted a request for a variance from the minimum lot size requirement for two lots in a proposed three lot subdivision of property zoned as RD, Single Family and Duplex Residential and located on the corner of Woodland Avenue, East 15th Street, and East 14th Street. BOARD OF ZONING APPEALS 5 FEBRUARY 14, 2013 The subject property is identified as Parcel 24.00 on Tax Map 40K, Group A and is currently vacant. It is located adjacent to a single family dwelling and a multi-family development to the east. Single family dwellings are located to the north and south and multi-family developments are located to the west. According to a submitted survey, the property consists of approximately 24,467 square feet. The minimum lot size requirement of the RD district is 5,000 square feet per dwelling unit. While the property is approximately 533 square feet or two (2) percent less than required for five (5) dwelling units, no more than two (2) units could be constructed without subdividing the property. Mr. Buckner is proposing a three (3) lot subdivision of the property to allow the construction of two (2) duplexes and one (1) single family dwelling unit. The division would require a variance of approximately 703 square feet or seven (7) percent for one of the duplex lots and a variance of approximately 417 square feet or four (4) percent for the second duplex lot. The proposed third lot would exceed the minimum lot size requirement for a single family dwelling by approximately 587 feet or 11 percent. The submitted survey indicates that all setback requirements would be met. In the opinion of the Planning Department the requested variances are the minimum necessary to allow a reasonable use the property and would not be detrimental to the public welfare or injurious to other property in the area. Staff recommended approval of the variance requests. Tracy Cody made the motion to approve reducing the minimum lot size requirements on Lot# 1 by 417 sq. ft. and Lot #3 by 703 sq. ft. in the Joshua’s Place Subdivision. Kay Detwiler seconded the motion and the motion carried unanimously. APPROVED VARIANCES IN MINIMUM LOT SIZE REQIREMENTS. ADJOURNMENT: 6:05 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING _____________________________ ______________________________ JAYNE BARNS CPS JANE FLATT, CHAIRMAN PLANNING ASSISTANT BOARD OF ZONING APPEALS