Board of Zoning Appeals

BOARD OF ZONING APPEALS MINUTES OCTOBER 12, 2017 The Board of Zoning Appeals met on Thursday, October 12, 2017, at 5:15 p.m. in the Council Chambers, 45 E. Broad Street, Cookeville, Tennessee. MEMBERS PRESENT: James Dial, Jane Flatt, Sid Gilbreath, and Nancy Bohannon. MEMBER ABSENT: Elwood Ervin. STAFF PRESENT: James Mills, Jayne Barns, Ken Young, and Jon Ward. OTHERS PRESENT: Scott Lytal and Cathy McClain. CONSIDER FOR APPROVAL THE AGENDA AS SUBMITTED. Jane Flatt made the motion to approve the agenda as submitted. James Dial seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR APPROVAL THE MINUTES OF SEPTEMBER 14, 2017. James Dial made the motion to approve the minutes of September 14, 2017. Jane Flatt seconded the motion and the motion carried unanimously. APPROVED. CONSIDER A REQUEST FOR A SETBACK VARIANCE OF 18’ FOR THE EXPANSION OF A NONCONFORMING STRUCTURE LOCATED AT 127 PROFFITT STREET. REQUEST SUBMITTED BY RONNIE REELS. James Mills stated that Mr. Ronnie Reels has submitted a request for a variance to reduce the front yard setback requirement for property located at 127 Proffitt Street. The purpose of the request is to allow for the addition to the front of an existing single-family dwelling. The subject property is identified as Parcel 29.00 on Tax Map 53J, Group B and is zoned as RD, Single Family and Duplex Residential. The parcel is a corner lot located at the southeast intersection of Proffitt Street and Shipley Street. The properties located to the north are zoned as CL, Local Commercial and PCD, Planned Commercial Development and the properties to the east, west and south are zoned as RD, Single-Family and Duplex Residential. The existing structure is nonconforming to the front setback requirement off Shipley Street. The minimum setback off local streets in the RD district is 20 feet and a submitted survey indicates that the existing structure, at its closest point, is approximately two (2) feet from the property line along Shipley Street. Although not depicted on the survey, a 12 feet deep X 18 feet wide covered deck has constructed on the west side of the dwelling. The deck extends approximately 10 feet into the Shipley Street right-of-way. Additionally an eight (8) feet high privacy fence has been erected approximately 20 feet within the public right-of-way. A legal nonconforming structure is a structure that existed prior to the establishment of zoning regulations to which the structure does not comply. According to the records of the Putnam BOARD OF ZONING APPEALS 2 OCTOBER 12, 2017 County Property Assessor the dwelling was constructed in 1947, which was prior to zoning being established in the City of Cookeville. Under the provisions of Tennessee Code Section 13-7-208, nonconforming uses are allowed to remain in perpetuity provided they do not cease operation for a period of at least 30 consecutive months. They also have the right to expand on existing property provided there is enough space to meet the area requirements (setbacks) of the zoning district. Mr. Reels would like to construct a 20 foot wide by 14 foot deep addition to the front of the existing dwelling. The addition would be in line with the existing western side of the dwelling, extending the nonconformity along Shipley Street. The dwelling would remain in compliance with the required front yard setback along Proffitt Street. The specific request is for a reduction of the front setback requirement by 18 feet to approximately two (2) feet for a distance of 14 feet. Shipley Street has a right-of-way width of 60 feet and the existing structure on Parcel 29.00 is located approximately 26 feet from the edge of the street, excluding the covered deck. Shipley Street is classified as a local street which requires a right-of-way width of no more than 50 feet. While it is unlikely the street will ever need to be widened, there is adequate width to do so and still maintain a distance of 14-16 feet from the existing dwelling, excluding the deck. In the opinion of the Planning Department the request will not be detrimental to the public welfare or injurious to other property in the area provided the covered deck and fence located within the public right-of-way are permanently removed. Staff recommended approval of the request to allow a 14 foot addition to the front of the existing dwelling matching the setback of the western side of the dwelling along Shipley Street subject to the permanent removal of the covered deck and fence located in the public right-of-way. Ken Young added that the survey submitted was dated 2007 and that he could not find a building permit for the covered deck. It was noted that Ronnie Reels was not in attendance at the meeting. Mr. Mills added that Mr. Reels is aware of the conditions set by staff. James Dial made the motion to grant conditional approval to allow a 14 foot addition to the front of the existing dwelling matching the setback of the western side of the dwelling along Shipley Street subject to the permanent removal of the covered deck and fence located in the public right-of-way. Nancy Bohannon seconded the motion and the motion carried unanimously. CONDITIONAL APPROVAL. CONSIDER A REQUEST TO WITHDRAW THE 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 BOARD OF ZONING APPEALS 3 OCTOBER 12, 2017 NORTH DIXIE AVENUE. REQUEST SUBMITTED BY SHEILA BUSH DRILLER. THIS ITEM WAS POSTPONED AT LAST MONTH’S MEETING. James Mills stated that staff recommended that this item be withdrawn. Nancy Bohannon made the motion to approve withdrawal of the request for a Special Exception to allow a Bed & Breakfast at the property located at 107 North Dixie Avenue. Jane Flatt seconded the motion and the motion carried unanimously. WITHDRAWN. TRAINING SCHEDULED FOR NOVEMBER 3, 2017 FROM 8:30 TO 12:30 AT THE COOKEVILLE GAS DEPARTMENT. James Mills stated that according to state law, the Board is required to complete four (4) hours of training, and this year’s training will be held on November 3, 2017 from 8:30 to 12:30 at the Cookeville Gas Department. James Mills gave an update on the status of the changes to the Ordinance relating to Bed & Breakfast homes. He stated that at the Planning Commission reviewed the Ordinance at their last meeting and heard a lot of discussion from the residents in attendance. The Planning Commission made some changes to the Ordinance and will be reviewing them at their October 23, 2017 meeting. The changes that were made by the Planning Commission include the following: • Requiring that the Special Exception be tied to the property owner and not the property, • Allowing a maximum of two (2) adults and two (2) children per room for a maximum of two (2) rooms, and • If the property has three (3) code violations in a 12 month period, then the property owner loses their Special Exception and the property owner will have to wait 12 months before they can reapply. Nancy Bohannon stated that since their neighborhood had a request for a B & B last month, she was wondering if there would be a way to add wording to the Zoning Code, so people will know which code applies if the subdivision has covenants. James Mills stated the City cannot enforce subdivision covenants, which is a contract between property owners, but that he would check into it. Sid Gilbreath stated that it should be addressed in the Zoning Code that if the City is in the process of changing the codes pertaining to a request that has been submitted, that all requests should be deferred and not brought before the Board until after the code has been changed. Mr. Gilbreath thought that would help the Board, so they did not have to table a request. ADJOURNMENT: 5:40 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING _____________________________ ______________________________ JAYNE BARNS CPS SID GILBREATH, CHAIRMAN PLANNING ASSISTANT BOARD OF ZONING APPEALS