Board of Zoning Appeals

BOARD OF ZONING APPEALS MINUTES MAY 10, 2018 The Board of Zoning Appeals met on Thursday, May 10, 2018, at 5:15 p.m. in the Council Chambers, 45 E. Broad Street, Cookeville, Tennessee. MEMBERS PRESENT: James Dial, Elwood Ervin, and Nancy Bohannon. MEMBER ABSENT: Jane Flatt and Sid Gilbreath. STAFF PRESENT: James Mills, Jayne Barns, Ken Young, and Jon Ward. OTHERS PRESENT: Judy Nguyen and Bruce Anderson. ELECTION OF TEMPORARY CHAIRMAN. Elwood Ervin made the motion to elect James Dial as temporary Chairman. Nancy Bohannon seconded the motion and the motion carried unanimously. JAMES DIAL ELECTED TEMPORARY CHAIRMAN. 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 MARCH 8, 2018. Nancy Bohannon made the motion to approve the minutes of March 8, 2018. Elwood Ervin seconded the motion and the motion carried unanimously. APPROVED. CONSIDER A REQUEST FOR A VARIANCE TO REDUCE THE FRONT YARD SETBACK REQUIREMENT ON 6TH STREET FROM 30’ TO 20’ FOR A TOTAL VARIANCE OF 10’ AND A VARIANCE TO REDUCE THE REAR YARD SETBACK REQUIREMENT FROM 25’ TO 13’ FOR A TOTAL VARIANCE OF 12’ TO BUILD AN ADDITION AND DECK TO AN EXISTING NON- CONFORMING HOME LOCATED AT 607 NORTH DIXIE AVENUE. REQUEST SUBMITTED BY JUDY NGUYEN ON BEHALF OF FELIX MANIER. Jon Ward stated that Ms. Judy Nguyen, on behalf of property owner Mr. Felix Manier, has submitted a request to reduce the front and rear yard setback requirements. The purpose of the request is to build an addition and to build a deck to an existing non- conforming single family dwelling located at 605 North Dixie Avenue. The subject property is identified as Parcel 015.00 on Tax Map 53B, Group E and is zoned as RS15, Single Family Residential. The parcel is a corner lot located at the northeast intersection of North Dixie Avenue and East 6th Street. All properties surrounding the subject lot are zoned RS15, Single Family Residential. The subject property is nonconforming on a number of requirements to the Zoning Code. The current lot consists of approximately 0.17 acres, or approximately 7,544 square feet. This is nonconforming to the 15,000 square feet lot size requirement in the RS15 District. The existing principal structure is nonconforming to the front setback requirements along BOARD OF ZONING APPEALS 2 MAY 10, 2018 North Dixie Avenue and East 6th Street, and the rear setback requirement from the eastern lot boundary. An existing accessory structure is also nonconforming to the setback requirements, and has been used as an additional dwelling unit, which is not allowed in the single family zoning district. The current structure is nonconforming to the front setback requirements of 30 feet off Dixie Avenue and East 6th Street, and the rear setback requirement of 25 feet. The existing home has an offset along the southern side of the structure along East 6th Street and a similar offset along the northern side of the structure. The petitioner has requested to construct an addition to the southern side of the structure, and square this off with the front of the home. The proposed addition is approximately 6.5 feet by 26.5 feet. The addition would extend approximately 7 feet further into the front setback off 6th Street for approximately 27 feet, and would extend into the rear setback approximately 12 feet. This addition would not project further into the front or rear setbacks than the structure currently projects at the existing building offset or at the rear of the home. The petitioner has also requested to construct a deck along a similar building offset on the northern side of the home. The home currently violates the rear setback by approximately 12 feet. Again, the proposed deck would not project further into the rear setback than the existing structure. The petitioner has requested to reduce the 25 foot rear setback to 13 feet for a total variance of 12 feet. The property is located within the North Dixie Avenue Historic District. The existing home was constructed in 1906. The Cookeville Historic Zoning Commission approved a Certificate of Appropriateness for the proposed addition along the southern side of the home on Tuesday, May 8. An additional Certificate of Appropriateness will need to be considered for the deck construction on the northern side of the home. A legal nonconforming structure is a structure that existed prior to the establishment of zoning regulations to which the structure does not comply. The existing home was constructed 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. The existing accessory structure located on the property has been historically used as a separate dwelling unit. Utility records indicate this accessory structure has a separate electric and gas meter, both of which are inactive at this time. At some point this accessory building was converted to a dwelling unit. In Single Family Residential (RS) Districts, only one (1) dwelling unit per parcel is allowed. In addition the second dwelling unit violates required building setbacks. A provided survey shows this accessory structure is located approximately 1 foot from the northern property boundary (side) and 6 feet from the eastern property boundary (rear). Accessory structures less than 400 square feet are permitted provided the structure is located no closer than five (5) feet from any side or rear property line. The existing accessory structure is approximately 240 square feet in size. BOARD OF ZONING APPEALS 3 MAY 10, 2018 The Planning Department has concerns that approval of the requested variance would facilitate the continued nonconforming use of the accessory dwelling unit. If the accessory structure is removed, we feel there is a degree of justification for the approval of the setback variance. In the opinion of the Planning Department the setback variance request will not be detrimental to the public welfare or injurious to other property in the area provided the accessory structure is permanently removed. Staff recommended approval of request to allow a 10 foot reduction in the setback along East 6th Street to build an addition to the southern side of the existing dwelling, matching the current projection of the dwelling, and approval of the request to reduce the rear setback requirement by 12 feet to allow construction of the addition and a deck extending no further than the current rear of the structure, subject to the permanent removal of the accessory dwelling. Judy Nguyen stated that they would like to keep the smaller structure, if possible. Bruce Anderson, property owner at 613 North Dixie Avenue, stated he would support the addition and the deck, but would prefer to see the smaller storage building gone because it is in bad shape and it adjoins his property. Judy Nguyen stated that she would fix up the out building. James Mills stated that staff was concerned about the nonconforming use of the storage building as a dwelling unit and recommended that it be demolished. Mr. Mills added that it is hard to keep up with a nonconforming use being converted to a dwelling unit. Elwood Ervin asked Ms. Nguyen if she was planning to use the storage building as a rental unit. Judy Nguyen stated that she was not planning on using it for a rental unit. Ken Young asked Ms. Nguyen what her intentions were for the building. Judy Nguyen stated that she wanted to use it for storage. Ms. Nguyen asked if she could still have electricity and water for a sink in the building. James Mills stated that no meter can be put back on building, but they could run electricity and water from the main house. Mr. Mills added that customer service will be notified that this property cannot have any additional meters on the storage building. Ken Young added that no Building Permit would be issued until the meter has been removed. Jon Ward stated that staff has no assurance that down the road, that the storage building will not be turned into a dwelling unit. BOARD OF ZONING APPEALS 4 MAY 10, 2018 Elwood Ervin made the motion to approve a Variance to reduce the front yard setback requirement on 6th Street from 30’ to 20’ for a total Variance of 10’ and approve a Variance to reduce the rear yard setback requirement from 25’ to 13’ for a total Variance of 12’, subject to the permanent removal of the accessory dwelling or the removal of all separate utility meters serving the accessory structure with the stipulation that the accessory structure cannot be used as a dwelling unit. Nancy Bohannon seconded the motion and the motion carried unanimously. APPROVAL OF VARIANCES, SUBJECT TO CONDITIONS RELATING TO THE ACCESSORY STRUCTURE. ADJOURNMENT: 5:40 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING _____________________________ ______________________________ JAYNE BARNS CPS JAMES DIAL PLANNING ASSISTANT TEMPORARY CHAIRMAN BOARD OF ZONING APPEALS