Board of Zoning Appeals

BOARD OF ZONING APPEALS MINUTES DECEMBER 14, 2017 The Board of Zoning Appeals met on Thursday, December 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, and Sid Gilbreath. MEMBER ABSENT: Nancy Bohannon. STAFF PRESENT: James Mills, Jayne Barns, and Jon Ward. STAFF ABSENT: Ken Young. OTHERS PRESENT: Leonard Suter, John & Bethany Mack, Melanie Beckwith, and Brendon Johnson. CONSIDER FOR APPROVAL THE AGENDA AS SUBMITTED. Elwood Ervin 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 NOVEMBER 9, 2017. James Dial made the motion to approve the minutes of November 9, 2017. Elwood Ervin seconded the motion and the motion carried unanimously. APPROVED. CONSIDER A REQUEST FOR A SPECIAL EXCEPTION TO ALLOW A KENNEL/PET BOARDING IN A CL (LOCAL COMMERCIAL) ZONE ON THE PROPERTY LOCATED AT 40 WEST SPRING STREET. REQUEST SUBMITTED BY BETHANY MACK ON BEHALF OF BRUCE BEAN. Jon Ward stated that Ms. Bethany Mack has submitted a request for a special exception to allow kennel/pet boarding at property located at 40 West Spring Street. The property is owned by the B Bean Property LLC. Bruce Bean is the owner and has provided a letter granting Ms. Mack permission to submit the request. The subject property is located on West Spring Street, adjacent to the Cookeville City Cemetery, further identified as Tax map 053G, Group J, Parcel 006.00. There are three (3) addresses for the subject property, 38 West Spring Street, 40 West Spring Street and 42 West Spring Street. The property is zoned CL, Local Commercial and is bordered by CL, Local Commercial to the east, CBD, Central Business District to the north, CN, Neighborhood Commercial to the west, and RM8, Multi-Family Residential to the south. Bethany Mack currently operates Just Poochy Grooming at 40 West Spring Street. She has submitted the request to operate a kennel service offering overnight boarding for the pets she grooms. BOARD OF ZONING APPEALS 2 DECEMBER 14, 2017 Kennels are special exceptions (uses permitted on appeal) within the CL district subject to conditions in Section 221.4D of the Zoning Code. The specific conditions of the Zoning Code are as follows: 221.4D Kennels and veterinary hospitals when meeting the following requirements: 1. Shall not be located adjacent to any district zoned RS-20, RS-15, RS-10, RS-5, or RD unless separated by a public street as shown on the Official Street Map, and 2. All animals shall be kept inside soundproof, air-conditioned buildings. The subject property is not adjacent to properties zoned as RS or RD. Verification will need to be provided that all animals will be kept inside a soundproof, air-conditioned building. Staff recommended approval of the request subject to compliance with all applicable requirements and to verification by the Building Official that the facility meets the provisions of the Zoning Code Bethany Mack, of Just Poochy Grooming, stated that they currently have 20-30 dogs in their daycare. If the kennel is approved, then they can meet the needs of their customers and keep 10-15 dogs overnight. James Dial commented that he was a client of the pet grooming and that you can’t hear the dogs from the outside of the building. James Mills added the facility for kennels has to be soundproof and will be inspected by the Codes Department. Elwood Ervin made the motion to approve the Special Exception” to allow a kennel/pet boarding at the property located at 40 West Spring Street. Jane Flatt seconded the motion and the motion carried unanimously. APPROVED SPECIAL EXCEPTION FOR KENNEL/PET BOARDING. CONSIDER A REQUEST FOR A SPECIAL EXCEPTION TO ALLOW A USED CAR LOT IN A CL (LOCAL COMMERCIAL) ZONE AND A VARIANCE TO WAIVE THE MAJOR COLLECTOR STREET FRONTAGE REQUIREMENT ON THE PROPERTY LOCATED AT 120 EAST BORDEN STREET. REQUEST SUBMITTED BY LEONARD SUTER ON BEHALF OF STONEBROOK LLC. Jon Ward stated that Mr. Leonard Suter on behalf of Stonebrook LLC has submitted a request for a special exception to allow used auto sales for property located in the CL, Local Commercial District at 120 East Borden Street. The request will also require a variance to waive the major collector street frontage requirement. The subject property is located at 120 East Borden Street, further identified as Tax Map 053J, Group L, Parcel 008.00. Under the provisions of CL zoning, auto sales establishments may be allowed as special exceptions subject to compliance with the provisions of Section 221.4E of the Zoning Code. The conditions specified in Section 221.4E are as follows: BOARD OF ZONING APPEALS 3 DECEMBER 14, 2017 • Shall not be located adjacent to any district zoned RS-20, RS-15, RS-10, RS-5 or RD unless separated by a public street as shown on the Official Street Map. The subject property is adjacent to CL, Local Commercial Zoning to the north, east & west and CI, Commercial Industrial Mixed Use to the south. • Shall be located on streets of at least Major Collector status. East Borden Street is a local street and does not meet this requirement. • Shall conform with the requirements of Section 206.15 of the Zoning Code Additionally, all parking areas, including those for auto sales, must be surfaced as specified in Section 205.7C of the Zoning Code. The proposal appears to comply with these requirements. East Borden Street is classified as a Local Street by the Cookeville Major Street Plan. While this does not meet the Major Collector classification provision, the subject property has a significant concrete parking area with an existing commercial building with two large bay doors. The property is adjacent to a significant industrial user in the CI, Commercial Industrial Mixed Use District to the south and additional commercial uses to the east. A single-family residence is located across Highland Avenue to the west, and this home is bordered by a commercial parking lot. A single-family residence is also located to the north. In the opinion of the Planning Department, approval of the request will not be detrimental to the public welfare or injurious to other properties in the area. Staff recommended approval of Variance request and approval of the Special Exception request subject to compliance with applicable provisions of the Zoning Code. Sid Gilbreath questioned if the Board would be setting a precedent if the variance request was approved. James Mills stated that each request should be looked at separately to determine if the property justifies having a variance granted. Leonard Suter stated that their business is unique, because they sell specialty cars and a lot of the vehicles are shipped out of state, and that they will not have any additional traffic to this location. Brendon Johnson added that the business is based on internet sales and would limit the amount of customers that will come to the car lot. Jane Flatt made the motion to approve a Variance to waive the major collector street frontage requirement for a used car lot in a CL (Local Commercial) Zone. James Dial seconded the motion and the motion carried unanimously. APPROVED VARIANCE TO WAIVE MAJOR COLLECTOR STREET FRONTAGE REQUIREMENT FOR A USED CAR LOT. BOARD OF ZONING APPEALS 4 DECEMBER 14, 2017 Jane Flatt made the motion to approve a Special Exception to allow a used car lot in a CL (Local Commercial) Zone. Elwood Ervin seconded the motion and the motion carried unanimously. APPROVED SPECIAL EXCEPTION TO ALLOW A USED CAR LOT IN A CL ZONE. ADJOURNMENT: 5:35 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING _____________________________ ______________________________ JAYNE BARNS CPS SID GILBREATH, CHAIRMAN PLANNING ASSISTANT BOARD OF ZONING APPEALS