Board of Zoning Appeals

BOARD OF ZONING APPEALS MINUTES MAY 14, 2015 The Board of Zoning Appeals met on Thursday, May 14, 2015, at 5:15 p.m. in the Council Chambers, 45 E. Broad Street, Cookeville, Tennessee. MEMBERS PRESENT: James Dial, Elwood Ervin, Jane Flatt, and Jon Ward. MEMBER ABSENT: Sid Gilbreath. STAFF PRESENT: James Mills, Jayne Barns, and Ken Young. OTHERS PRESENT: J. B. Davidson, Faye Davidson, Jim Hawkins, Lois Ramsey and Laura Militana. CONSIDER FOR APPROVAL THE MINUTES OF APRIL 9, 2015. James Dial made the motion to approve the minutes of April 9, 2015. Elwood Erwin seconded the motion and the motion carried unanimously. APPROVED. CONSIDER A REQUEST FOR A VARIANCE TO REDUCE THE LOT AREA REQUIREMENT FROM 5,000 SQ. FT. TO 4,200 SQ. FT. FOR A TOTAL VARIANCE OF 800 SQ. FT. TO ALLOW 7th ADDITIONAL DWELLING UNIT ON THE PROPERTY LOCATED AT 1358 & 1370 CAROLINA AVENUE. REQUEST SUBMITTED BY JIM HAWKINS OF G & H PARTNERSHIP. James Mills stated that Mr. Jim Hawkins, on behalf of G & H Partnership, has submitted a request for a variance to reduce the minimum lot area requirement per dwelling unit for property located at 1358 and 1390 Carolina Avenue and zoned as RM-8 Multi-Family Residential. The subject property is identified as Parcels 8.00 and 8.01 on Tax Map 40G, Group A and is zoned as RM-8, Multi-Family Residential. It is contiguous with properties zoned as RS-15, Single Family Residential to the north and west, as RS-10, Single Family Residential and RM-8 to the south, and as RM-8 to the east. Currently located on the property at 1358 Carolina Avenue are 25 multi-family dwelling units and on the property at 1390 Carolina Avenue is a single family dwelling. Mr. Hawkins recently acquired the property at 1390 Carolina Avenue with the intention of combining it with the property at 1358 Carolina Avenue. The minimum lot area requirement in the RM-8 District is 5,000 square feet per dwelling unit. A submitted combination plat indicates that the combined properties consist of approximately 164,370 square feet or 3.77 acres. Based on this land area, a total of 32 dwelling units could be located on the subject property, which is six (6) more that currently located on the combined parcels. According to the survey, the combined parcels are approximately 630 square feet, or 13 percent, less than necessary to allow the construction of a seventh (7th) additional dwelling unit. BOARD OF ZONING APPEALS 2 MAY 14, 2015 In 2003 the Board of Zoning Appeals approved a variance from the minimum lot area requirements for the property at 1358 Carolina Avenue. In that matter the property was approximately 420 square feet, or eight (8) percent, less than necessary to construct an additional dwelling unit. Historically, in similar requests, the Board has generally approved reductions in the minimum lot area requirement of up to ten (10) percent. A number of phone calls have been received from nearby property owners opposed to the approval of the requested variance. Some of the concerns mentioned were increased traffic and the effect on storm drainage in the area. A submitted site plan does not depict the provision of any additional improvements for the retention of storm water. The site plan also depicts the encroachment of parking for the proposed additional dwelling units within the required buffer area adjacent to the single family residential area to the north. The Planning Department is not aware of any particular hardship unique to the subject property that would justify a reduction of the minimum lot area requirement. Staff recommended denial of the variance request. Jim Hawkins stated that his Engineer Bob Vick was going to put in a retention pond on the northern portion of his property to help with the drainage issues. James Mills stated that the Public Works Department will require compliance with the City’s stormwater regulations. Faye Davidson, property owner at 1371 Carolina Avenue, stated that she was opposed to more apartments being constructed on a narrow street that is heavy traveled and she was also concerned about safety issues from cars driving too fast on Carolina Avenue. Ms. Davidson added that they continue to have problems with water drainage onto their property from this development. James Dial made the motion to deny the variance to reduce the square footage requirements on the property located at 1358 & 1370 Carolina Avenue. Elwood Ervin seconded the motion and the motion carried unanimously. DENIED. ADJOURNMENT: 5:40 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING _____________________________ _________________________________ JAYNE BARNS CPS JANE FLATT, ACTING CHAIRMAN PLANNING ASSISTANT BOARD OF ZONING APPEALS BOARD OF ZONING APPEALS 3 MAY 14, 2015