Board of Zoning Appeals

BOARD OF ZONING APPEALS MINUTES SEPTEMBER 12, 2013 The Board of Zoning Appeals met on Thursday, September 12, 2013, at 5:15 p.m. in the Council Chambers, 45 E. Broad Street, Cookeville, Tennessee. MEMBERS PRESENT: Paul Bonner, Kay Detwiler, Jane Flatt, and Sid Gilbreath. MEMBER ABSENT: Tracy Cody. STAFF PRESENT: James Mills, Jayne Barns, and Ken Young. OTHERS PRESENT: Laura Militana, Randall & Cynthia Rittenberry, and Lauren Shibakov. CONSIDER FOR APPROVAL THE MINUTES OF AUGUST 8, 2013. Paul Bonner made the motion to approve the minutes of August 8, 2013. Sid Gilbreath seconded the motion and the motion carried unanimously. APPROVED. CONSIDER A REQUEST FOR A VARIANCE TO REDUCE THE SIDE YARD SETBACK REQUIREMENTS FROM 20’ TO 15’ FOR A TOTAL VARIANCE OF 5’; A VARIANCE TO REDUCE THE FRONT YARD SETBACK REQUIREMENTS FROM 50’ TO 45’ FOR A TOTAL VARIANCE OF 5’; AND A VARIANCE TO REDUCE THE LANDSCAPE BUFFER YARD REQUIREMENT FROM 20’ TO 10’ FOR A TOTAL VARIANCE OF 10’ FOR AN ADDITION TO THE EXISTING STRUCTURE TO INCREASE THE SANCTUARY AND CLASSROOM SIZE OF THE CHURCH LOCATED AT 1223 FISK ROAD. REQUEST SUBMITTED BY LAUREN SHIBAKOV OF LAUREN ENGINEERING SERVICES ON BEHALF OF COOKEVILLE FIRST CHURCH OF GOD. James Mills stated that Ms. Lauren Shibakov, on behalf of Cookeville First Church of God, has submitted requests for variances to reduce the front and side yard setback and side landscape buffer yard width requirements for property zoned as RS-10, Single Family Residential and located at 1223 Fisk Road. The subject property is a double frontage lot with street frontage on both Fisk Road and Lucy Lane. Fisk Road, from East 10th Street north to the corporate limits, is classified as a major street. The parcel consists of approximately 46,788 square feet or 1.07 acres. It is contiguous with properties zoned as RS-10 on all sides. Located to the north is a natural gas substation and to the south are two single family residential dwellings. The minimum front setback off major streets in the RS-10 zoning district is 50 feet. The minimum side yard setback requirement for nonresidential structures is 20 feet. The variance requests are for reductions of five (5) feet from both requirements. Additionally Section 206.4 of the Zoning Code specifies that churches, when located within RS or RD zoning districts, must provide a Type 2 Screen/Buffer Yard along shared lot lines with properties used for single family residential purposes. A Type 2 BOARD OF ZONING APPEALS 2 SEPTEMBER 12, 2013 Screen/Buffer Yard is required to have a width of 20 feet and the petitioner has requested that the requirement be reduced to 15 feet. The purpose of the submitted requests is to allow for an addition to the church. The proposed 20 feet wide addition would be located on the southern side of the existing structure. It would be in alignment with the front of the existing structure along Fisk Road. According to the submitted site plan the addition would encroach within the required front yard setback off Fisk Road and within the required side yard setback and buffer yard off the southern property line. The existing structure is a nonconforming structure in that it is located approximately two (2) feet within the required setback off Fisk Road. The proposed addition would match this encroachment. It would also encroach within the required side yard setback by between two (2) and four (4) feet. The owner of the property located adjacent to the addition to the south, Mr. Danny Wilmoth, has submitted correspondence indicating that he is not opposed to the reduction of the required side yard setback buffer by 5’. In the opinion of the Planning Department, the requested variances appear to be minimal and should have no significant impact on adjoining properties. Staff recommended approval of variances of 5’ for the front yard, and southern side yard requirements as depicted on the submitted site plan, and a 5’ Variance in the buffer yard requirements, subject to the installation of Type 3 screening materials along the southern property line for the length of the proposed addition. Lauren Shibakov was present to answer any questions, but the Board did not have any questions for her. Sid Gilbreath made the motion to approve Variances of 5’ for the front yard & southern side yard requirement according to the submitted site plan, and a Variance of 5’ for the buffer yard requirements, subject to the installation of Type 3 screening materials along the southern property line for the length of the proposed addition. Kay Detwiler seconded the motion and the motion carried unanimously. APPROVED, VARIANCES OF 5’ FOR THE FRONT YARD AND SOUTHERN SIDE YARD REQUIREMENTS, AND A VARIANCE OF 5’ FOR THE BUFFER YARD REQUIREMENTS, SUBJECT TO THE INSTALLATION OF TYPE 3 SCREENING MATERIALS ALONG THE SOUTHERN PROPERTY LINE FOR THE LENGTH OF THE PROPOSED ADDITIONS. CONSIDER A REQUEST FOR A “SPECIAL EXCEPTION” TO ALLOW A KENNEL ON THE PROPERTY LOCATED AT 757 SOUTH JEFFERSON AVENUE. REQUEST SUBMITTED BY RANDALL RITTENBERRY OF SOUTHERN PAWS ON BEHALF OF BESSIE MCBROOM FAMILY TRUST. Mr. Randall Rittenberry has submitted a request for a special exception to allow a kennel at property located at 757 South Jefferson Avenue. The property is owned by the Bessie McBroom Family Trust which, though its trustee, has granted permission for Mr. Rittenberry to submit the request. BOARD OF ZONING APPEALS 3 SEPTEMBER 12, 2013 The subject property is located in the Jefferson Square Shopping Center which is zoned as CG, General Commercial. Mr. Rittenberry currently operates Southern Paws, a dog grooming business, and would like to open a kennel in a suite adjacent to his existing business. Kennels are special exceptions (uses permitted on appeal) within the CG district subject to two conditions. First, they cannot be located adjacent to properties zoned as RS or RD. The subject property is not located adjacent to any properties zoned as RS or RD. Second, all animals must be kept inside soundproof, air-conditioned buildings. The owners of the property surrounding the structure at 757 South Jefferson Avenue, Will Ray Family Partners, have submitted correspondence expressing their concern regarding barking noises that would be disruptive to other businesses and customers in the shopping center. They also indicated that they own the parking area around the subject property and that they would not permit exercising or walking the dogs as a part of the kennel operation. Staff recommended approval of request subject to compliance with all applicable requirements and to verification by the Building Official, prior to occupancy, that the facility has been adequately soundproofed. Mr. Rittenberry stated that they have an agreement now with the property owner directly behind them which allows them to walk the dogs in his yard. They will not be walking the dogs on the parking lot. Sid Gilbreath made the motion to approve the Special Exception for a Kennel at the property located at 757 South Jefferson Avenue, subject to compliance with all applicable requirements and to verification by the Building Official, prior to occupancy, that the facility has been adequately soundproofed. Paul Bonner seconded the motion and the motion carried unanimously. APPROVED SPECIAL EXCEPTION FOR A KENNEL SUBJECT TO COMPLIANCE WITH ALL APPLICABLE REQUIREMENTS AND TO VERIFICATION BY THE BUILDING OFFICIAL, PRIOR TO OCCUPANCY, THAT THE FACILITY HAS BEEN ADEQUATELY SOUNDPROOFED. ADJOURNMENT: 5:28 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING _____________________________ ______________________________ JAYNE BARNS CPS JANE FLATT, CHAIRMAN PLANNING ASSISTANT BOARD OF ZONING APPEALS