Board of Zoning Appeals

BOARD OF ZONING APPEALS MINUTES JUNE 9, 2016 The Board of Zoning Appeals met on Thursday, June 9, 2016, at 5:15 p.m. in the Council Chambers, 45 E. Broad Street, Cookeville, Tennessee. MEMBERS PRESENT: James Dial, Elwood Ervin, Sid Gilbreath, and Jon Ward. MEMBER ABSENT: Jane Flatt. STAFF PRESENT: James Mills, Jayne Barns, and Ken Young. OTHERS PRESENT: Lauren Shibakov, Tyler Bagwell, Eric Cherry, Randy Dalton, and Laura Militana. CONSIDER FOR APPROVAL THE MINUTES OF JUNE 9, 2016. Jon Ward made the motion to approve the minutes of June 9, 2016. James Dial seconded the motion and the motion carried unanimously. APPROVED. CONSIDER A REQUEST FOR A VARIANCE TO REDUCE THE LANDSCAPE STRIP REQUIREMENT FROM 10’ TO 5’ FOR A TOTAL VARIANCE OF 5’ ON THE PROPERTY LOCATED AT 1070 NORTH WASHINGTON AVENUE. REQUEST SUBMITTED BY LAUREN SHIBAKOV ON BEHALF OF ERIC WALKER. James Mills stated that Ms. Lauren Shibakov, on behalf of property owner Mr. Eric Walker, has submitted a request for a variance to reduce the minimum landscape yard width requirement along North Washington Avenue for property located at 1070 North Washington Avenue. The subject property is identified as Parcel 5.00 on Tax Map 40N, Group A and is zoned as CL, Local Commercial. Located on the property is the Northside Shopping Center. Mr. Walker is leasing the portion of the shopping center where the Bobby Q’s Restaurant was previously located for the location of a new restaurant, the San Antonio Taco Company. A submitted site plan indicates that as a part of the conversion of the structure a patio area is proposed between the front of the building and North Washington Avenue. According to the site plan the patio area would extend to approximately five (5) feet from the property line/right-of-way line. Section 208.5 of the Zoning Code specifies that landscape yards, ten (10) feet width, shall be provided along all street frontages. Landscape yards are to be located within the required setback area measured from the property/right-of-way line. The petitioner is requesting a reduction of the required landscape yard to a width of no less than five (5) feet for the width of the proposed patio along North Washington Avenue. Landscape yards along street frontages are intended to enhance aesthetics of development and to provide improved visibility for ingress/egress to establishments at driveway entrances. BOARD OF ZONING APPEALS 2 JUNE 9, 2016 The Northside Shopping Center was constructed prior to the establishment of the Zoning Code requirements for landscape yards. The landscape areas that are currently located on the property were reduced with the widening of North Washington Avenue in 2002. The average width of the existing landscape yards for the majority of the property is five (5) feet. In 2007 the Board of Zoning Appeals approved a variance to allow the Bobby Q’s restaurant to replace a monument sign, which was removed with the 2002 street widening, to within four (4) feet of the street right-of-way. The location of the sign and the later addition of fence along the northern boundary of the subject property minimized visibility for ingress/egress to the property. Mr. Walker has indicated that the monument sign and a portion of the fence will be permanently removed as a part of the project. The proposed patio will be unroofed, with no walls and will not exceed a height of over 30 inches. Structures over 30 inches in height must comply with setback requirements. In the opinion of the Planning Department approval of the request will not be detrimental to the public welfare or injurious to other property in the area. Staff recommended approval of variance to reduce the landscape yard width to no less than five (5) feet as depicted on the submitted site plan. Lauren Shibakov of Lauren Engineering stated that some areas of the landscape strip will be greater than five (5) feet. The old Bobby Q’s sign has already been removed along with several bushes, and three (3) panels of the fence to the north will be removed to provide better visibility for motorists pulling out on North Washington Avenue. Ms. Shibakov added that Mr. Walker also owns the property to the north of the fence. They will be constructing bollards in front of the patio for safety from passing vehicles and they will also be planting additional landscaping. Jon Ward asked Ms. Shibakov where the right-of-way for North Washington Avenue was located and she replied that it was behind the sidewalk. Elwood Erwin made the motion to approve the variance to reduce the landscape yard width to no less than five (5) feet as depicted on the submitted site plan. James Dial seconded the motion and the motion carried unanimously. APPROVED. CONSIDER A REQUEST FOR A VARIANCE TO REDUCE THE MINIMUM LOT AREA PER DWELLING UNIT REQUIREMENT OF THE RM-8 ZONING DISTRICT FROM 125,000 SQ. FT. TO 124,778 SQ. FT. FOR A TOTAL VARIANCE OF 222 SQ. FT. TO ALLOW AN ADDITIONAL DWELLING UNIT ON THE PROPERTY LOCATED AT 238, 250 & 260 E. 12TH STREET, 1231 WOODLAND AVENUE, AND 225, 235, 245 & 255 E. 13TH STREET. REQUEST SUBMITTED BY ERIC CHERRY ON BEHALF OF ELITE PROPERTIES. James Mills stated that Mr. Eric Cherry, on behalf of Elite Properties, has submitted a request for a variance to reduce the minimum lot area requirement per dwelling unit for property located between East 12th and East 13th Streets east of Woodland Avenue. BOARD OF ZONING APPEALS 3 JUNE 9, 2016 The subject property is identified as Parcels 14.00, 15.00, 16.00, 17.00, 18.00 and 19.00 on Tax Map 40K, Group G and is zoned as RM-8, Multi-Family Residential. It is contiguous with properties zoned as RD, Single Family and Duplex Residential to the north, as UNV, University to the south and as RM-8 to the east and west. Currently located on Parcels 14.00 through 18.00 are single family dwellings. Located on Parcel 19.00 is a 12 unit apartment complex. Mr. Cherry has acquired the six (6) parcels with the intention of combining them into one (1) parcel, removing the five (5) single family dwellings, and constructing a number of additional multi-family residential units. 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 124,778 square feet or 2.86 acres. Based on this land area, a total of 24 dwelling units could be located on the subject property. According to the survey, the combined parcels are approximately 222 square feet, or four (4) percent, less than necessary to allow the location of 25 dwelling units. Historically, in similar requests, the Board has generally approved reductions in the minimum lot area requirement of up to ten (10) percent. In the opinion of the Planning Department, approval of the requested variance would not be detrimental to the public welfare or injurious to other properties in the area. Staff recommended approval of the request. Eric Cherry of Elite Properties stated that he is currently the owner along with a partner on this project. The 12 unit apartment building will remain and their intention is to remove five (5) old houses and replace with a new 13 unit apartment building. The variance for 222 sq. ft. will allow for one (1) additional unit. To allow one more unit would be more beneficial to the developer financially. Sid Gilbreath stated that economics is not a basis for granting a variance. James Mills added that the developer will have to install sidewalks on all street sides which will improve the area, since there are no sidewalks there now. Elwood Ervin made the motion to approve the 222 sq. ft. variance. Jon Ward seconded the motion and the motion carried unanimously. APPROVED. ADJOURNMENT: 5:36 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING _____________________________ ______________________________ JAYNE BARNS CPS SID GILBREATH, CHAIRMAN PLANNING ASSISTANT BOARD OF ZONING APPEALS