Board of Zoning Appeals

BOARD OF ZONING APPEALS MINUTES FEBRUARY 8, 2018 The Board of Zoning Appeals met on Thursday, February 8, 2018, at 5:15 p.m. in the Council Chambers, 45 E. Broad Street, Cookeville, Tennessee. MEMBERS PRESENT: James Dial, Elwood Ervin, and Sid Gilbreath. MEMBER ABSENT: Jane Flatt and Nancy Bohannon. STAFF PRESENT: James Mills, Jayne Barns, and Jon Ward. STAFF ABSENT: Ken Young. OTHERS PRESENT: Randy Keifer. ELECTION OF CHAIRMAN AND VICE-CHAIRMAN. Sid Gilbreath opened up the floor for nominations for Chairman and Vice-Chairman. James Dial made the motion to elect Sid Gilbreath as Chairman. Elwood Ervin seconded the motion and the motion carried unanimously. SID GILBREATH ELECTED AS CHAIRMAN. Elwood Ervin made the motion to elect Jane Flatt as Vice-Chairman. James Dial seconded the motion and the motion carried unanimously. JANE FLATT ELECTED AS VICE-CHAIRMAN. CONSIDER FOR APPROVAL THE AGENDA AS SUBMITTED. James Dial made the motion to approve the agenda as submitted. Elwood Ervin seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR APPROVAL THE MINUTES OF DECEMBER 14, 2017. James Dial made the motion to approve the minutes of December 14, 2017. Elwood Ervin seconded the motion and the motion carried unanimously. APPROVED. CONSIDER A REQUEST FOR A VARIANCE TO REDUCE THE SIDE YARD SETBACK REQUIREMENTS FROM 10’ TO 0’ FOR A TOTAL VARIANCE OF 10’ ON THE PROPERTY LOCATED AT 711 EAST 15TH STREET. REQUEST SUBMITTED BY RANDY KEIFER ON BEHALF OF MELINDA STONE KEIFER TRUST. Jon Ward stated that Mr. Randy Keifer with Stone Steel, on behalf of Melinda Stone Keifer Trust has submitted a request for a variance to reduce the side yard setback requirement for property located at 711 East 15th Street. The purpose of the request is to allow for the expansion of an existing non-conforming storage building on the property. The subject property is identified as Parcel 004.00 on Tax Map 040K, Group E, and is zoned as CI, Commercial-Industrial Mixed Use. Properties located to the north, east and BOARD OF ZONING APPEALS 2 FEBRUARY 8, 2018 west are also zoned as CI, Commercial-Industrial Mixed Use. The property borders the Nashville and Eastern Railroad right-of-way to the south, and properties south of the railroad right-of-way are zoned as RS10, Single Family Residential. The Stone Steel facility currently has seven (7) structures located on two (2) existing parcels of property. The existing structure proposed for expansion, which is the subject of the variance request, is nonconforming to the side setback requirement from the David Storm property located to the west at 701 East 15th Street. The minimum side setback requirement in the CI, Commercial-Industrial Mixed Use District is 10 feet. A submitted survey and site plan indicates that the structure in question is located on the side property line with no setback. The submitted survey/site plan shows the existing storage structure is approximately 104 feet long and 30 feet wide. This structure encroaches on the side setback for approximately 60 feet along the western property boundary. The David Storm property to the west has an existing 12 foot by 24 foot storage building that is approximately 50 feet from the current storage building and it appears to be approximately one (1) to (2) feet from the property line. Mr. Storm also submitted a letter stating he had no objections to the variance request. Mr. Keifer has submitted the variance request to expand this existing storage building approximately 120 feet along the side property line. The expansion would be in line with the existing storage building, extending the nonconformity along the side property boundary. The proposed expansion would conform to front setback requirements. The specific request is for a reduction of the side setback requirement from ten (10) feet to zero (0) feet for a distance of 120 feet. The petitioner has indicated the variance is necessary to accommodate large steel structures and truck access associated with the Stone Steel business. Mr. Keifer has also indicated that the building expansion would be constructed from noncombustible materials (concrete block and steel), to alleviate some concerns from a fire hazard standpoint. 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, and some degree of variance is justified, however, the requested variance is excessive and would exceed the size of the existing nonconforming structure. The new storage building will potentially improve aesthetics by allowing some of the outdoor storage of materials on the site to be stored in the proposed expansion. The new construction will be subject to architectural design provisions of the Zoning Code. The Planning Department would recommend that a variance be granted to not exceed the length of the existing structure, which is approximately 100 feet. The Board could also consider reducing the request further. The Planning Department recommends that the height of the proposed new structure should not exceed the height of the existing building. Also, the Planning Department recommends that the Board of Zoning Appeals stipulate that the proposed storage expansion be constructed from noncombustible materials, and that only noncombustible materials be stored in the proposed structure. BOARD OF ZONING APPEALS 3 FEBRUARY 8, 2018 Staff recommended approval of request to reduce the side setback from ten (10) feet to zero (0) feet along the western property boundary for no more than 100 feet in length to allow the expansion of an existing non-conforming storage building, limiting the height of the expansion to no higher than the existing building, and stipulating that the expansion be constructed from nonflammable materials and that only noncombustible materials be stored in the building. Elwood Ervin asked Mr. Keifer what was going to be stored in the new building. Randy Keifer stated that it would be used to store raw materials. James Mills stated that the new building is larger than the existing building and hard to justify that size of a variance, but a smaller variance may be warranted. Sid Gilbreath was concern about setting a precedent to allow that large of a variance. Randy Keifer stated that he was willing to cut the building back. James Mills suggested that the building line up with the storage building on the adjacent property. James Dial made the motion to approve the request to reduce the side setback from ten (10) feet to zero (0) feet along the western property boundary for no more than 100 feet in length to allow the expansion of an existing non-conforming storage building, limiting the height of the expansion to no higher than the existing building, and stipulating that the expansion be constructed from nonflammable materials and that only noncombustible materials be stored in the building per staff’s recommendation. Elwood Ervin seconded the motion and the motion carried unanimously. APPROVED VARIANCE OF NO MORE THAN 100 FEET SUBJECT TO STAFF’S RECOMMENDATION. CONSIDER A REQUEST FOR A VARIANCE FOR THE HEIGHT ALLOWED FOR A WALL FROM 8’ TO 21’ FOR A TOTAL VARIANCE OF 13’ ON THE PROPERTIES LOCATED AT 135 EAST 1ST STREET AND 68 NORTH DIXIE AVENUE. REQUEST SUBMITTED BY WOODY WELCH AND WILL ROBERSON. Jon Ward stated that Mr. Woody Welch has submitted a variance request for himself and on behalf of adjoining property owner Mr. Will Roberson, to the wall height requirement for property located at 135 East 1st Street and 68 North Dixie Avenue. The City of Cookeville is currently involved in a lawsuit with Mr. Welch. Attorney Robert J. Walker with Butler Snow LLP is representing the City of Cookeville in the aforementioned litigation. Mr. Walker has asked that the Cookeville Board of Zoning Appeals table this application until the lawsuit is resolved. He indicates that the attorney for Mr. Welch, Richard Brooks, has also agreed that the consideration of the request should be tabled. Mr. Walker has asked that action be tabled indefinitely until Mr. Walker or Mr. Welch’s attorney indicate that the request should be put back on the agenda for consideration. BOARD OF ZONING APPEALS 4 FEBRUARY 8, 2018 Staff recommended that action be tabled on the variance request until legal representation for the litigation has requested the Board of Zoning appeals take action on the request. Elwood Ervin made the motion to table the request indefinitely. James Dial seconded the motion and the motion carried unanimously. TABLED INDEFINITELY. ADJOURNMENT: 5:53 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING _____________________________ ______________________________ JAYNE BARNS CPS SID GILBREATH, CHAIRMAN PLANNING ASSISTANT BOARD OF ZONING APPEALS