Board of Zoning Appeals

BOARD OF ZONING APPEALS MINUTES SEPTEMBER 14, 2017 The Board of Zoning Appeals met on Thursday, September 14, 2017, at 5:15 p.m. in the Council Chambers, 45 E. Broad Street, Cookeville, Tennessee. MEMBERS PRESENT: James Dial, Elwood Ervin, Jane Flatt, Sid Gilbreath, and Nancy Bohannon. STAFF PRESENT: James Mills, Jayne Barns, Ken Young, Jon Ward, Mike Davidson, and Officer Giezentanner. OTHERS PRESENT: Bob Allen, Larry Harkleroad, Bob Himell, Clark Simpson, Lee Jones, Jeremy Richerson, George & Patty Seagrave, Charles & Phyllis Cobb, Donald Thrasher. Teresa Dillehay, Tom Short, Will Roberson, Jacqueline Summs, Robert B. Reeves, Sheila Bush Driller, Sandra Driller, Chad Gilbert, John & Wendy Apple, Daniel & Marcia Donovan, Steve Conally, Jim Keugle, Scott & Sherri Lytal, Bob Duncan, Gina Billings, Danny & Debbie Hall, Jim Woodford, Bill & Paula Haberkamp, Anna Richmond, Linda Hardison, Rebecca Ting, Richard Crabtree, Danny Birdwell, David Bohannon, Rachel Salter, Martin Foutch, David Hales, David Hume, Cindy Mabery, David Allen, Kelly Piepmeier, David White, and Chris Vick CONSIDER FOR APPROVAL THE AGENDA AS SUBMITTED. Elwood Ervin made the motion to approve the agenda as submitted. Nancy Bohannon seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR APPROVAL THE MINUTES OF MAY 11, 2017. Jane Flatt made the motion to approve the minutes of May 11, 2017. James Dial seconded the motion and the motion carried unanimously. APPROVED. CONSIDER A REQUEST FOR A SPECIAL EXCEPTION TO ALLOW A BED & BREAKFAST IN A RS10 (SINGLE-FAMILY) ZONE ON THE PROPERTY LOCATED AT 554 WINDROWE DRIVE. REQUEST SUBMITTED BY TOM SHORT. James Mills stated that Mr. Thomas Short has submitted a request for a special exception to allow a bed and breakfast home at his property located at 554 Windrowe Drive. The subject property is identified as Parcel 12.00 on Tax Map 83C, Group D. It is zoned as RS-10, Single Family Residential. The parcel is located within the Windrowe Subdivision. The City of Cookeville recently became aware that a number of residential dwellings in the city were being advertised and used as Airbnb’s. Airbnb’s and similar short term rental properties are not permitted in single family residential zoning districts except as bed and breakfast homes. Upon inspection it was determined that the dwelling at 554 Windrowe Drive, and others in the city, had not been approved as bed and breakfast homes and were in violation of the Zoning Code. The Codes Department, in correspondence dated July 31, 2017, notified Mr. Short of the violation and requested that he cease operation of the Airbnb. Mr. BOARD OF ZONING APPEALS 2 SEPTEMBER 14, 2017 Short subsequently filed an application for a special exception to operate a bed and breakfast home at his residence. Bed and breakfast homes are a use permitted on appeal (special exception) in the RS-10 district subject to compliance with the provisions of Section 206.3 of the Zoning Code, which are as follows: • 206.3A There shall be no more than four (4) guest rooms in any bed and breakfast home located in a RS, Single Family Residential District and no more than five (5) guest rooms in any bed and breakfast home located in a zone other than a RS, Single Family Residential District. • 206.3B The principal structure for any bed and breakfast home located in a RS, Single Family Residential District shall consist of a minimum of 3,000 square feet. • 206.3C No alteration to the residential structure shall indicate from the exterior that the structure is being utilized for any purpose other than a residential dwelling unit, including permitted accessory buildings. • 206.3D Required off-street parking shall be located to the rear of the principal structure unless otherwise specially authorized by the Board of Zoning Appeals. The Board may require screening of off-street parking areas if determined necessary to minimize the impact on adjacent residential properties. • 206.3E No guest shall stay for more than seven (7) consecutive days. • 206.3F A current guest register shall be kept by the owner or operator. • 206.3G The owner or operator shall reside on the premises. • 206.3H The only meal to be provided to guests shall be breakfast, and it shall only be served to guests taking lodging in the facility. • 206.3I No food preparation or cooking shall be conducted in any guest room. • 206.3J A Certificate of Appropriateness shall be issued by the Historic Zoning Commission prior to the establishment of a bed and breakfast home located in any Historic Zoning District. • 206.3K The provisions of Tennessee Code Sections 68-14-501 through 68-14-503 shall be met. The additional standards established for special exceptions are intended to minimize or negate any negative impacts certain uses would have on other uses in particular zoning districts. A special exception or use permitted on appeal is generally considered as an appropriate use for a particular zone provided all the specified additional standards can be met. Mr. Short has indicated that the bed and breakfast home would have less than 4 guest rooms. To the knowledge of the Planning Department, there have been no alterations to the dwelling visible from the exterior. Mr. Short has also indicated that he resides on the premises. BOARD OF ZONING APPEALS 3 SEPTEMBER 14, 2017 The Putnam County Tax Assessor records indicate that the dwelling consists of 2,968 square feet, which is 32 square feet less than the requirement for a bed and breakfast home. Unless evidence can be provided that the dwelling meets the minimize size requirement the special exception cannot be granted without a variance from the requirement. An inspection of the property indicates that required off-street parking may not be available to the rear of the structure. Additional parking would need to be provided to the rear of the structure or the Board must specifically waive this requirement. Bed and breakfast establishments are required to provide three (3) off-street parking spaces for the principal dwelling plus one (1) space per rented room. The Planning Department has been contacted by property owners within the Windrowe Subdivision regarding the proposed use possibly being in violation of the covenants or deed restrictions for the subdivision. While the City has no role in the enforcement of private property agreements, the Board could consider requiring that Mr. Short obtain a legal opinion regarding compliance with the subdivision covenants. The Board should also be aware that the Planning Department has prepared and will be submitting to the Planning Commission for consideration at their September 25, 2017 meeting amendments to the Zoning Code to insert provisions for short term rental properties and to revise the provisions for bed and breakfast homes. The proposed revisions to the bed and breakfast homes include requiring that such uses be owner occupied (operator occupied would no longer be allowed) and to reduce the maximum number of guest rooms to two (2) rooms and restrict the maximum number of guests to four (4). If it can be determined that the standards cannot be met then, the Planning Department recommends that the request be denied. If it is determined that the current standards can be met, then the Planning Department recommends that further consideration of the request be postponed until the pending revisions to the Zoning Code have been considered by the City Council. Tom Short, property owner at 554 Windrowe Drive stated that he has lived there for 22 years and for the last 5 (five) years he has rented two (2) bedrooms upstairs on Airbnb. He has had about 35 visitors to stay and none of them over seven (7) days and he would like to continue to operate a Bed & Breakfast at his home. Mr. Short added that he helped design the covenants for Windrowe Subdivision. Steve Conally, property owner at 594 Windrowe Drive, stated that he was concerned for the safety of the children who live in the area, due to guests that would be staying in the neighborhood. Gina Billings, property owner at 547 Edgerowe Court, stated that she had lived there for 24 years and that she lived across the street from the Short’s and considered them good neighbor’s. Ms. Billings’ concerns were about setting a precedent in their neighborhood for other Bed & Breakfasts to apply if this one is approved, increased traffic flow, and additional cars that will be parking in the street. Ms. Billings thanked the City for notifying them of the meeting. BOARD OF ZONING APPEALS 4 SEPTEMBER 14, 2017 Anna Richmond, property owner at 585 Windrowe Drive, stated that she was concerned about the safety of their children, who go to the pool and to their friend’s house, and not knowing who is staying in their neighborhood. Wendy Apple, property owner at 416 Windrowe Drive, was also concerned about her children ages 10 & 15, who walk to the pool and was concerned about strangers being at the pool. The home owner’s association (HOA) has to give permission for guests to use the pool. Donald Thrasher, property owner at 557 Windrowe Drive, was concerned about additional traffic because a couple was hit by a car a few years ago. Linda Hardison, 600 Windrowe Drive, stated that they bought her house because it was in a safe neighborhood. She likes to walk but people in the neighborhood go over the 30 mph speed limit. She would like for the Board to vote no. Jane Flatt noted that the house did not meet the minimum square footage requirement and did not have parking in the rear. Tom Short stated that he has been married for 39 years and that they can’t put parking in the rear because he would have to get rid of his wife’s flower garden and that was not going to happen. Jane Flatt made the motion to deny the Special Exception to allow a Bed & Breakfast at 554 Windrowe Drive, because it does not meet the square footage and the parking in the rear of the house which are the requirements of Section 206.3 of the Zoning Code. Elwood Ervin seconded the motion and the motion carried unanimously. DENIED. CONSIDER A REQUEST FOR A SPECIAL EXCEPTION TO ALLOW A BED & BREAKFAST IN A RS-15 (SINGLE-FAMILY) ZONE AND HS (HISTORIC DISTRICT) OVERLAY ZONE ON THE PROPERTY LOCATED AT 107 NORTH DIXIE AVENUE. REQUEST SUBMITTED BY SHEILA BUSH DRILLER. James Mills stated that Ms. Shelia Bush Driller has submitted a request for a special exception to allow a bed and breakfast home at her property located at 107 North Dixie Avenue. The subject property is identified as Parcel 10.00 on Tax Map 53C, Group L. It is zoned as RS-10, Single Family Residential. The subject property is also located within the North Dixie Historic District. The City of Cookeville recently became aware that a number of residential dwellings in the city were being advertised and used as Airbnb’s. Airbnb’s and similar short term rental properties are not permitted in single family residential zoning districts except as bed and breakfast homes. Upon inspection it was determined that the dwelling at 107 North Dixie Avenue, and others in the city, had not been approved as bed and breakfast homes and were in violation of the Zoning Code. The Codes Department, in correspondence dated July 31, 2017, notified Ms. Driller of the violation and requested that she cease operation of the Airbnb. Ms. Driller subsequently filed an application for a special exception to operate a bed and breakfast. BOARD OF ZONING APPEALS 5 SEPTEMBER 14, 2017 Bed and breakfast homes are a use permitted on appeal (special exception) in the RS-10 district subject to compliance with the provisions of Section 206.3 of the Zoning Code, which are as follows: • 206.3A There shall be no more than four (4) guest rooms in any bed and breakfast home located in a RS, Single Family Residential District and no more than five (5) guest rooms in any bed and breakfast home located in a zone other than a RS, Single Family Residential District. • 206.3B The principal structure for any bed and breakfast home located in a RS, Single Family Residential District shall consist of a minimum of 3,000 square feet. • 206.3C No alteration to the residential structure shall indicate from the exterior that the structure is being utilized for any purpose other than a residential dwelling unit, including permitted accessory buildings. • 206.3D Required off-street parking shall be located to the rear of the principal structure unless otherwise specially authorized by the Board of Zoning Appeals. The Board may require screening of off-street parking areas if determined necessary to minimize the impact on adjacent residential properties. • 206.3E No guest shall stay for more than seven (7) consecutive days. • 206.3F A current guest register shall be kept by the owner or operator. • 206.3G The owner or operator shall reside on the premises. • 206.3H The only meal to be provided to guests shall be breakfast, and it shall only be served to guests taking lodging in the facility. • 206.3I No food preparation or cooking shall be conducted in any guest room. • 206.3J A Certificate of Appropriateness shall be issued by the Historic Zoning Commission prior to the establishment of a bed and breakfast home located in any Historic Zoning District. • 206.3K The provisions of Tennessee Code Sections 68-14-501 through 68-14-503 shall be met. The additional standards established for special exceptions are intended to minimize or negate any negative impacts certain uses would have on other uses in particular zoning districts. A special exception or use permitted on appeal is generally considered as an appropriate use for a particular zone provided all the specified additional standards can be met. Ms. Driller has indicated that the bed and breakfast home would have less than four (4) guest rooms. To the knowledge of the Planning Department, there have been no alterations to the dwelling visible from the exterior. Ms. Driller has also indicated that she would have an operator reside on the premises. The Putnam County Tax Assessor records indicate that the dwelling consists of 3,062 square feet, which meets the requirement for a bed and breakfast home. BOARD OF ZONING APPEALS 6 SEPTEMBER 14, 2017 The Historic Zoning Commission reviewed the request at its meeting on September 12, 2017. A decision to issue a Certificate of Appropriateness was postponed due to concerns about whether additional off-street parking would be required for the proposed use. Bed and breakfast establishments are required to provide three (3) off-street parking spaces for the principal dwelling plus 1 space per rented room. Ms. Driller has indicated that a maximum of three (3) rooms would be available for rent. This would require a total of six (6) off-street parking spaces, with three (3) of the spaces required to be located to the rear of the structure. The Codes Department has determined that adequate parking is available at the subject property. The Board should also be aware that the Planning Department has prepared and will be submitting to the Planning Commission for consideration at their September 25, 2017 meeting amendments to the Zoning Code to insert provisions for short term rental properties and to revise the provisions for bed and breakfast homes. The proposed revisions to the standards for bed and breakfast homes include requiring that such uses be owner occupied (operator occupied would no longer be allowed) and to reduce the maximum number of guest rooms to two (2) rooms and restrict the maximum number of guests to four (4). If it can be determined that the standards cannot be met then, the Planning Department recommends that the request be denied. If it is determined that the current standards can be met, then the Planning Department recommends that further consideration of the request be postponed until the pending revisions to the Zoning Code have been considered by the City Council. Sheila Bush Driller, property owner at 107 North Dixie Avenue, stated that she would like to move forward and to continue to host people at her home. She has hosted musicians, doctors, nurses and business travelers in the past. Ms. Driller stated that she did not know that what she was doing was out of line. She apologized to her neighbors if her or her guests caused any disruptions. Scott Lytal, property owner at 117 North Dixie Avenue, stated that he lives next door to the Bed & Breakfast and where he lives has smaller lots than other homes on North Dixie Avenue. Because their lots are smaller, they are exposed to the noise of people talking in the back yard and cars coming and going at all hours of the night. Bob Allen stated that Ms. Driller is making money at the expense of the neighborhood and that those people could be staying at hotels in the area. He also stated that Ms. Driller cannot oversee her guests because she does not live there. Scott Lytal was concerned that a driveway was not considered parking spaces. Guests are backing out onto North Dixie and it is dangerous because people turn right off of 1st Street going north and their driveway is close to the intersection. Mr. Lytal thought that the off street parking should be screened to protect the neighbors and to not to be seen from 1st Street or Dixie Avenue. Mr. Lytal asked that the request be denied. BOARD OF ZONING APPEALS 7 SEPTEMBER 14, 2017 Bill Haberkamp, property owner at 511 North Dixie Avenue, stated that he was concerned about giving her forgiveness and not holding her accountable. Mr. Haberkamp likes the requirement that the owner live at the Bed & Breakfast in a single-family zone permanently. Sherri Lytal, property owner at 117 North Dixie Avenue, stated that they were awakened by sirens from the Fire Dept. and they saw smoke coming out of 107 North Dixie Avenue. The guests also shot large fireworks from the fire pit, drinking alcohol and talking loud outside which disrupts the neighbors. Their concerns were that they do not know the people who are staying there, and about their quality of life living next door to a B & B. Lee Jones, property owner at 67 North Dixie Avenue, stated that they noticed that people were parking everywhere when she was having events or parties at the house at 107 North Dixie Avenue. He stated that the whole house was available for events and parties and not just for Ms. Driller’s family. He was approached by someone who thought the party was at his house. Mr. Jones was concerned about those types of events and the issue of parking when there are large events at 107 North Dixie Avenue. James Mills responded that renting a house as a commercial meeting or events venue is not allowed in single-family residential zones, whether approval as a b & b or not. David Hume, property owner at 310 North Dixie Avenue, would like to protect their single family neighborhood by requiring that the property owner be living in the house permanently and not an operator. James Mills stated that the Board can postpone action until the changes are made by the City Council. The new changes will require the Bed & Breakfast home be owner occupied and that they can only rent out two (2) rooms with a maximum of 4 guests in the single-family residential zones. Paula Haberkamp, property owner at 511 North Dixie Avenue, stated that she lives two (2) doors from the request and she would like for the Commission to postpone in order to amend the codes. Marcia Donovan, property owner at 412 North Dixie Avenue, stated that they are trying to protect the heritage of the Historic District in which they live and to be good stewards and she felt that Ms. Driller was not being a good steward by renting out her whole house in a single- family neighborhood. Mrs. Donovan was also concerned about the safety of their neighborhood. Sheila Bush Driller stated that this is her primary residence and that she is there 99 % of the time and that she did not know that she was doing anything wrong. Ms. Driller added that she was okay with postponing this item. Nancy Bohannon asked Ms. Driller when she moved her mother-in-law in the house at 107 North Dixie Avenue. BOARD OF ZONING APPEALS 8 SEPTEMBER 14, 2017 Ms. Driller responded that she moved her mother-in-law in the house about one (1) month ago. Sid Gilbreath stated that he was also concerned about the definition of parking spaces. James Mills responded that the Codes Department makes sure that the parking meets our codes. Sid Gilbreath stated that due to the current regulations being revised, he felt it would be better to postpone. Jane Flatt made the motion to postpone action until the new regulations are adopted by the City Council. Nancy Bohannon seconded the motion and the motion carried unanimously. POSTPONED UNTIL THE CITY COUNCIL ADOPTS THE NEW ZONING REGULATIONS. CONSIDER A REQUEST FOR A VARIANCE TO REDUCE THE REQUIRED PARKING FROM 619 SPACES TO 529 SPACES FOR A TOTAL VARIANCE OF 90 PARKING SPACES AND A REQUEST FOR A VARIANCE TO REDUCE THE REQUIRED SIZE OF A PARKING SPACE FROM 9’ X 19’ TO 9’ X 18’ FOR 334 PARKING SPACES ON THE PROPERTY LOCATED AT 39 DEPOT STREET. REQUEST SUBMITTED BY AUXIN WILSON PROJECT, LLC & COOKEVILLE DOWNTOWN HOTELS, LLC. James Mills stated that Cookeville Downtown Hotels, LLC and Auxin Wilson Project, LLC have submitted requests for variances to reduce the minimum number of required off-street parking spaces and to reduce the minimum parking space length requirement for a portion of the required parking for a proposed hotel/conference center and five-story 317 space parking garage development at 39 Depot Street. The subject property is identified as Parcels 7.00, 8.00 and 10.00 on Tax Map 53G, Group F. The properties are zoned as CBD, Central Business District. Located on the site is the old Wilson Sporting Goods facility. The property owners are developing plans to redevelop the site as a mixed use development consisting of a hotel, conference center, parking garage, restaurant and other retail spaces. The submitted application indicates that a reduction of required off-street parking of 15 percent, or 90 spaces, is necessary. According to a submitted site plan a total of 529 parking spaces, comprised of 317 garage and 212 surface spaces, will be provided with the proposed development. The petitioner calculated the required parking at 619 spaces which was derived as follows: • Hotel: 1 per room X 125 rooms = 125 spaces • Hotel office: 1 per 250 sf (650 sf/250 sf) = 3 spaces • Restaurant: 1 per 3 seats + 1 per employee = 274 seats/3 + 30 employees = 122 spaces • Retail: 1 per 200 sf (5,424 sf/200 sf) = 28 spaces • Banquet/Meeting Space: 1 per 4 persons (1,362 persons/4) = 341 spaces BOARD OF ZONING APPEALS 9 SEPTEMBER 14, 2017 The Codes Department indicates that based on the indicated size of the banquet/meeting space (9,550 square feet) the petitioner has overestimated the number of required parking spaces. Mr. Jeff Littrell, Director of the Codes Department, indicates that only 256 spaces would be required for the meeting space. Utilizing the Codes Department’s calculations the proposed development would be required to provided 534 spaces, not the 619 spaces calculated by the petitioner. The variance request would then be reduced from 90 spaces to five (5) spaces. However, the site plan depicts the provision of 19 new parking spaces that would be located within the public street right-of-way. These 19 spaces cannot be included in the number of spaces provided so the actual variance request would be for 24 spaces or approximately four (4) percent. Although these spaces cannot be included in the number of spaces required to be provided they do represent an additional 14 parking spaces available for public use in the downtown. The Planning Department recently completed a parking inventory and a parking utilization study for the Cookeville downtown area. The subject property is located in an area identified in the parking study as Sub Area 7. The study indicates that, based on land use, Sub Area 7 has an overall deficit in parking. Additionally, of the nine study areas, Sub Area 7 has the highest utilization of available public parking. While there are concerns regarding a variance to reduce the required parking and the impact on overall parking in the immediate area, the proposed development is unique in that it is a mixed used development where some of the required parking overlaps. For example it can be assumed that a portion of the hotel guests will be attending events at the conference center or will be dining at the restaurant. It should also be assumed that the conference center will rarely be at full occupancy and that for the majority of the time the site will have more than ample parking. Additionally, the petitioner has indicated that the parking spaces within the parking garage would be available for public use. The submitted application indicates that a reduction in the parking space length requirement from 19 to 18 feet is necessary for the 317 spaces within the proposed parking garage and for 17 of the 212 surface parking spaces. This would be approximately 63 percent or 334 of the 529 total spaces to be provided. In researching this request the Planning Department has reviewed the parking space standards from several other cities. For 90 degree parking spaces the standards ranged from 10 feet X 20 feet to 8 feet X 18 feet. In Nashville, which has numerous parking garages, the standard space size for 90 degree parking with a travel lane width of 24 feet is 8.6 feet X 18 feet. The enclosed preliminary plans for the parking garage indicate that the parking spaces will all be at 90 degrees and will be accessed by a two-way travel lane 24 feet in width. Mr. Greg Brown, Director of the Public Works Department, indicates that the 18 feet proposed length would be adequate for sedans and most vehicles but that larger trucks and SUVs may have difficulty parking in shorter spaces. He suggests, if the variance is approved, that larger vehicles be prohibited from parking in the garage. Another option to be considered would be to design the garage so that at least on one level one side is restricted to compact cars and the other restricted to larger vehicles. BOARD OF ZONING APPEALS 10 SEPTEMBER 14, 2017 Staff recommended approval of reduction of required off-street parking by a maximum of 4 percent and approval of reduction of parking space length requirement from 19 to 18 feet within the proposed parking garage and for 17 surface parking spaces, provided such spaces are at 90 degree angles from the travel lanes and the travel lanes are a minimum of 24 feet in width. David White, of Cookeville Downtown Hotels, LLC, stated that they looked at the City of Franklin and what they required for parking. He said that they were 67 spaces over for requirements by Hilton and 146 over for this facility. Rebecca Ting, property owner at 40 North Cedar Avenue, stated that parking is difficult in the area. She was concerned that the conference center would cause more parking problems in the area. Patty Seagrove, at 20 West Broad Street, stated that the existing parking in this area was already a nightmare. David Allen, of Auxin Wilson Project, LLC, stated that they are working on meeting the needs for the facility and the paid parking. The parking will be free for those staying at the Hotel or Conference Center, but will available to the public at a cost, but they haven’t decided what that amount will be at this time. Sid Gilbreath stated that he was concerned about buses and the traffic flow at the facility. James Mills stated that the City has been working for the past six (6) months on new parking standards which should help in our downtown areas. The Planning Commission will be reviewing them this month. Jane Flatt made the motion approve of reduction of required off-street parking by a maximum of four (4) percent and approval of reduction of parking space length requirement from 19 to 18 feet within the proposed parking garage and for 17 surface parking spaces, provided such spaces are at 90 degree angles from the travel lanes and the travel lanes are a minimum of 24 feet in width as recommended by staff. Nancy Bohannon seconded the motion and the motion carried unanimously. APPROVED VARIANCE TO REDUCE THE REQUIRED PARKING BY FOUR (4) PERCENT AND A VARIANCE TO REDUCE THE PARKING SPACE LENGTH TO 18’ WITHIN THE PARKING GARAGE AND FOR 17 SURFACE PARKING SPACES, PROVIDED SUCH SPACES ARE AT 90 DEGREE ANGLES FROM THE TRAVEL LANES AND THE TRAVEL LANES ARE A MAXIMUM OF 24’ IN WIDTH. ADJOURNMENT: 7:08 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING _____________________________ ______________________________ JAYNE BARNS CPS SID GILBREATH, CHAIRMAN PLANNING ASSISTANT BOARD OF ZONING APPEALS