Board of Zoning Appeals

BOARD OF ZONING APPEALS MINUTES MAY 11, 2017 The Board of Zoning Appeals met on Thursday, May 11, 2017, at 5:15 p.m. in the Council Chambers, 45 E. Broad Street, Cookeville, Tennessee. MEMBERS PRESENT: James Dial, Elwood Ervin, Jane Flatt, and Sid Gilbreath. MEMBER ABSENT: Nancy Bohannon. STAFF PRESENT: James Mills, Jayne Barns, Ken Young, and Jon Ward. OTHERS PRESENT: Chris Whittenburg, Chris Shah, Yash Tanwar, Dr. James Smith, Charlotte Campbell and Patrick Oakley. CONSIDER FOR APPROVAL THE AGENDA AS SUBMITTED. Elwood Ervin made the motion to approve the agenda as submitted. Jane Flatt seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR APPROVAL THE MINUTES OF FEBRUARY 9, 2017. James Dial made the motion to approve the minutes of February 9, 2017. James Dial seconded the motion and the motion carried unanimously. APPROVED. CONSIDER A REQUEST FOR A SPECIAL EXCEPTION TO ALLOW MINI STORAGE IN A CG (GENERAL COMMERCIAL) ZONE ON THE PROPERTY LOCATED AT 950 HUMBLE DRIVE. REQUEST SUBMITTED BY GARY BOUTON ON BEHALF OF STEVE BROWN. James Mills stated Mr. Steve Brown has submitted a request for a special exception to allow a self-service storage facility at his property located at 950 Humble Drive. The subject property is identified as Parcel 7.05 on Tax Map 66. It is zoned as CG, General Commercial. Self-service storage facilities are a use permitted on appeal (special exception) in the CG district subject to compliance with the provisions of Section 206.13 of the Zoning Code. These provisions primarily pertain to the development of the site and to limitations of the use of the facility. A submitted site plan appears to indicate compliance with the site development standards. Staff recommended approval of the special exception request subject to compliance with the provisions of Section 206.13. Steve Brown, property owner of the request, stated that when he applied for a building permit, he didn’t realize that he had to apply to the Board for a Special Exception. James Mills stated that the Codes Department thought that Mr. Brown was building climate control storage units, which are allowed without Board approval. BOARD OF ZONING APPEALS 2 MAY 11, 2017 Dr. James Smith, property owner at 970 South Willow Avenue, stated that they currently have water problems in the area and he was concerned that additional pavement in the area, would create more problems. Mr. Mills replied that the City has storm water requirements that have strict standards that require that the amount of water runoff post development cannot exceed the amount of water runoff prior to development and the storm water drainage plans have to be engineered and approved by the City Engineer, Tracy Meggs. Elwood Ervin asked about the strip of land on the site plan that comes out on South Willow Avenue. James Mills replied that the strip of land came with this lot and it will not be used for a driveway, because it would be difficult to get a driveway cut from the State due to existing driveways on South Willow and the proximity to the intersection. The only driveway will be accessed off Humble Drive and has been reviewed by all applicable departments. Pat Oakley, property owner at 960 & 970 Humble Drive, stated that there was a lot of soil erosion on this site and he was also concerned about the water runoff and how can the developers retain the water on-site. Mr. Mills stated that retention can be by ponds or rain gardens and that storm water plans are public records that can be reviewed at the Public Works Department. Steve Brown stated that the drainage should be better, since there is none there now. Elwood Ervin made the motion to approve the Special Exception to allow mini storage at 950 Humble Drive, subject to compliance with the provisions of Section 206.13 of the Zoning Code. James Dial seconded the motion and the motion carried unanimously. APPROVED SPECIAL EXCEPTION TO ALLOW MINI STORAGE, SUBJECT TO COMPLIANCE WITH SECTION 206.13 OF THE ZONING CODE. Sid Gilbreath asked if the property owner needed to do anything else. James Mills stated that they have one (1) year from the date of approval to complete construction or the Special Exception becomes void and they would have to reapply for the Special Exception. CONSIDER A REQUEST FOR A VARIANCE TO WAIVE PREVIOUSLY ESTABLISHED CONDITION FOR THE INSTALLATION OF STAIRS TO ACCESS OFF-PREMISE PARKING FROM 601 SOUTH JEFFERSON TO 633 SOUTH JEFFERSON AVENUE. REQUEST SUBMITTED BY YASH TANWAR OF VSH, INC. James Mills stated that in November of 2016 the Board of Zoning Appeals approved a special exception request from Mr. Yash Tanwar, on behalf of property owner, VSH, Inc., to allow a portion of the off-street parking required at 601 South Jefferson Avenue to be located off-premise on adjacent property at 633 South Jefferson Avenue. As a condition for approval the Planning Department recommended and the BZA established a requirement that BOARD OF ZONING APPEALS 3 MAY 11, 2017 pedestrian access be provided from the location of the off-premise parking to 601 South Jefferson Avenue. Mr. Tanwar is now requesting that this condition be waived. The BZA approved allowing up to 10 of the required off-street parking spaces for 601 South Jefferson Avenue to be located at adjacent property located at 633 South Jefferson Avenue. Due to the proposed use of a portion of structure at 601 South Jefferson Avenue as a restaurant, not enough parking is available on site. Section 205.4 of the Zoning Code provides that that if the required parking spaces for a non-residential use cannot be provided on the same lot as the principal use, the Board of Zoning Appeals may, as a Special Exception, permit such spaces to be located on other property, provided the following conditions are met: • The property shall be located within 400 feet of the principal use as measured from the nearest point of the off-premise parking lot to the nearest point of the building to be served by such parking lot, • Such off-premise parking spaces are located within a zoning district which would permit the use to which such parking is accessory, • Such off-premise parking spaces shall not exceed 50 percent of the required parking, and. • If such off-premise parking spaces are not in the same ownership as the use being served by said parking spaces, then a duly executed and acknowledged written agreement between the owner of the off-premise parking area and the owner of the use shall be submitted to the Building Official. Said agreement shall assure the continued availability and usability of the off-premise parking for as long as required by the use and shall be recorded at the expense of the applicant with the Putnam County Register of Deeds. All of the conditions specified by the Zoning Code appear to have been met. This includes the execution and recording of an agreement with the adjoining land owner. A copy of this agreement is with the application. The adjacent property, which is the location of a Big Lots retail store, is at a higher elevation than the property at 601 South Jefferson. As noted previously the Planning Department recommended that an additional condition be established requiring the installation of steps from the adjacent property. The Planning Department has met with the property owners on numerous occasions to determine a location for this access. The Department is now of the opinion that the provision of the steps would be an unnecessary expense and could create a safety issue if installed. Mr. Tanwar has also indicated that he would require employees to utilize the off-premise parking so that more on-site parking would be available to customers. Staff recommended approval of waiver of condition. Yash Tanwar stated that their employees will be instructed to park at Big Lots. Elwood Ervin asked how many employees would be parking there. Yash Tanwar replied that 10 employees would be parking at Big Lots. BOARD OF ZONING APPEALS 4 MAY 11, 2017 Jane Flatt made the motion to approve the waiver of the previous condition approved by the Board of Zoning Appeals to install steps between 601 & 633 South Jefferson Avenue to access off-premise parking. James Dial seconded the motion and the motion carried unanimously. APPROVED WAIVER OF PREVIOUS CONDITION TO INSTALL STEPS TO ACCESS OFF-PREMISE PARKING. CONSIDER A REQUEST FOR A VARIANCE TO REDUCE THE MINIMUM WIDTH AT LOT SETBACK LINE FROM 60’ TO 36 ½’ FOR A TOTAL VARIANCE OF 23 ½’ FOR LOT #2 ON THE PROPERTY LOCATED AT 601 SOUTH JEFFERSON AVENUE. REQUEST SUBMITTED BY WHITTENBURG SURVEYING ON BEHALF OF CHRIS SHAH OF VSH, INC. James Mills stated that Mr. Chris Shah, on behalf of property owner VSH, Inc., has submitted a request for a variance to reduce the minimum lot width at setback requirement for property located at 601 South Jefferson Avenue. The purpose for the request is to allow a three (3) lot subdivision of the subject property. The subject property is identified as Parcel 7.00 on Tax Map 66B, Group G and consists of approximately 53,542 square feet or 1.23 acres. The property is zoned as CG, General Commercial. Located on the property is a commercial structure in which a retail package store, jewelry store and a proposed restaurant are located in three (3) suites. Within the CG zoning district the minimum lot width at setback requirement is 60 feet. Mr. Shah has submitted a proposed subdivision plat dividing the property at 601 South Jefferson Avenue into three (3) parcels separating the three (3) businesses. Lot 2 in the proposed subdivision has a lot width of approximately 36.5 feet at the building setback line. He is requesting that the lot width requirement be reduced by 23.5 feet. The proposed division would be classified as a zero lot line division. The plat depicts that ingress/egress and parking easements are to be shared by the three (3) parcels. The proposed subdivision is akin to residential townhouse or condominium developments which are permitted on review in the CG zoning district. In the opinion of the Planning Department the granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the area. Staff recommended approval of the request, subject to compliance with all other applicable codes or regulations, including the building codes and subdivision regulations. James Dial made the motion to approve the 23 ½’ variance for the minimum width at setback line, according to staff’s recommendation. Elwood Ervin seconded the motion and the motion carried unanimously. APPROVED 23 ½’ VARIANCE FOR THE MINIMUM WIDTH AT SETBACK LINE, ACCORDING TO STAFF’S RECOMMENDATION. James Mills reminded the property owner to check with the Codes Department concerning the fire codes for separation of the buildings, prior to submitting a subdivision plat. BOARD OF ZONING APPEALS 5 MAY 11, 2017 ADJOURNMENT: 5:42 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING _____________________________ ______________________________ JAYNE BARNS CPS SID GILBREATH, CHAIRMAN PLANNING ASSISTANT BOARD OF ZONING APPEALS