Board of Zoning Appeals

BOARD OF ZONING APPEALS MINUTES SEPTEMBER 13, 2018 The Board of Zoning Appeals met on Thursday, September 13, 2018, at 5:15 p.m. in the Council Chambers, 45 E. Broad Street, Cookeville, Tennessee. MEMBERS PRESENT: James Dial, Sid Gilbreath, and Nancy Bohannon. MEMBER ABSENT: Elwood Ervin and Jane Flatt. STAFF PRESENT: James Mills, Jayne Barns, Ken Young, and Jon Ward. OTHERS PRESENT: Donovan Grimwood, Jessica Welch, Woody Welch, Aaron Bernhardt, R. Luke Chaffin, Luke Dalton, Martin & Amy Ing, Mark Brady, William & Carol Welch, Paul Throgmorton, Will Roberson, Rick Woods, Scott Copeland, Roman Stone, David Storm, Luann Throgmorton, Jim Batson, Brad Bull, David Owsley, Derek Baranowski, and Lindsay McReynolds. CONSIDER FOR APPROVAL THE AGENDA AS SUBMITTED. Nancy Bohannon 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 AUGUST 9, 2018. James Dial made the motion to approve the minutes of August 9, 2018. Nancy Bohannon seconded the motion and the motion carried unanimously. APPROVED. CONSIDER A REQUEST FOR A VARIANCE FOR THE HEIGHT ALLOWED FOR A WALL FROM 8’ TO 20’ FOR A TOTAL VARIANCE OF UP TO 12’ ON THE PROPERTIES LOCATED AT 135 EAST 1ST STREET AND 68 NORTH DIXIE AVENUE. REQUEST SUBMITTED BY WOODY WELCH AND WILL ROBERSON. THIS ITEM WAS TABLED INDEFINITELY AT THE FEBRUARY 8, 2018 MEETING. PLACING THIS ITEM ON THE AGENDA REQUIRES THAT THE CHAIRPERSON OR TWO (2) MEMBERS REQUEST THAT THE ITEM BE PLACED ON THE AGENDA. James Mills stated that according to the City Attorney this item should remain tabled until the lawsuit has been resolved. Sid Gilbreath stated that hearing no motion the item will remain tabled. ITEM REMAINED TABLED. CONSIDER A REQUEST FOR A VARIANCE IN THE SIDE YARD SETBACK REQUIREMENTS FROM 7½’ TO 1½’ FOR A TOTAL VARIANCE OF 6’ ON THE PROPERTY LOCATED AT 507 WEST STEVENS STREET TO ALLOW THE SUBDIVISION OF PROPERTY WITH EXISTING STRUCTURES. REQUEST SUBMITTED BY DONOVAN GRIMWOOD. Jon Ward stated that Mr. Donovan Grimwood submitted a variance request to the side yard setback requirement to allow the subdivision of property with three (3) existing single-family residences. BOARD OF ZONING APPEALS 2 SEPTEMBER 13, 2018 The subject properties are located at 507 and 503 West Stevens Street, and 325 Carr Avenue, further identified as Parcel 015.00 on Tax Map 053I, Group A. The parcel consists of approximately 0.88 acres (38,280 sq. ft.) and is zoned RM14, Multi-Family Residential. The parcel has three (3) existing single family homes located on the property. Tax records indicate these homes were built in 1946, 1957, and 1971. Mr. Grimwood has requested to subdivide these three (3) homes onto individual lots. The RM-14 Multi-Family Residential District regulations of Cookeville Zoning Code, in Section 216.6E , minimum lot requirements, provides “When a property has an existing single family structure and the structure is to remain, the minimum lot requirements of the RS-5 Single Family Residential District shall be met for the single family structure.” A subdivision plat has been provided depicting the proposed division of property. The existing home at 503 West Stevens is nonconforming to the front yard setback requirement from West Stevens Street and Carr Avenue. This setback encroachment along West Stevens Street has been increased due to an additional five (5) foot dedication of right-of-way. The existing home at 325 Carr Avenue is nonconforming to the front yard setback from Carr Avenue. These structures are nonconforming to these setback requirements prior to subdivision. The proposed lot at 507 West Stevens Street is compliant with all setback requirements. The proposed lot at 503 West Stevens Street (at the corner of West Stevens Street and Carr Avenue) also includes an existing block garage, which is the subject of this variance request. The RS5 District requires a 7.5 foot minimum interior side yard setback. The western leading vertical edge of this accessory structure is located approximately 1.5 feet from the proposed lot line. This encroachment decreases to approximately four (4) feet at the eastern leading vertical edge. Accessory structures containing less than 400 sq. ft. have a five (5) foot setback requirement. This block structure is approximately 500 sq. ft. Also, the principal structure at 325 Carr Avenue is compliant with the side yard setback requirement as depicted on the proposed subdivision plat. All structures are preexisting on the proposed lots and some predate zoning. 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. Staff recommended approval of the Variance request to reduce the side yard setback requirement from 7.5 feet to 1.5 feet decreasing to four (4) feet for approximately 24 feet for an existing block accessory structure to allow for the subdivision of property. Staff added that if the subject structure is ever removed or destroyed, any replacement must comply with setback requirements. Nancy Bohannon made the motion to approve the Variance in the side yard setback requirements from 7 ½’ to 1 ½’ for a total Variance of 6’, and according to staff’s recommendation that if the subject structure is ever removed or destroyed, any replacement must comply with setback requirements. James Dial seconded the motion and the motion carried unanimously. CONDITIONAL APPROVAL. BOARD OF ZONING APPEALS 3 SEPTEMBER 13, 2018 CONSIDER A REQUEST FOR VARIANCE IN THE FRONT YARD SETBACK REQUIREMENTS FROM 20’ TO 19’ FOR A TOTAL VARIANCE OF 1’ ON THE PROPERTY LOCATED AT 1115 CROSS POINTE DRIVE. REQUEST SUBMITTED BY AARON BERNHARDT. Jon Ward stated that Mr. Aaron Bernhardt submitted a variance request to the front yard setback requirement to allow for the construction of a single-family residence. The subject property is located at 1115 Cross Pointe Drive, further identified as Parcel 011.00 on Tax Map 096F, Group B. The parcel consists of approximately 0.16 acres (6,926 sq. ft.) and is zoned RS5, Single Family Residential. Mr. Bernhardt has requested to reduce the twenty (20) foot front yard setback requirement along Cross Point Drive by approximately 0.75 feet (8”) for the corner of a proposed home to be constructed on the lot. The property is located in Cross Pointe Subdivision, which is an RS5 zoned subdivision where the minimum lot size is 5,000 sq. ft. This is the highest density single family detached zoning district. The setback encroachment occurs along the radius of the required setback along Cross Pointe Drive. This is a corner lot with a curve, where a twenty (20) foot setback is required along the frontage of the property with Cross Pointe Drive. Mr. Bernhardt has explained that this is the smallest home plan he could find to build on the lot, and the required radius of Cross Pointe Drive has caused the hardship in the RS 5 District. 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. Staff recommended approval of the Variance request to reduce the front yard setback requirement by one (1) foot to accommodate construction of a single family residence. James Dial made the motion to approve the Variance in the front yard setback requirements from 20’ to 19’ for a total Variance of 1’ on the property located at 1115 Cross Pointe Drive. Nancy Bohannon seconded the motion and the motion carried unanimously. APPROVED. ADJOURNMENT: 5:36 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING _____________________________ ______________________________ JAYNE BARNS CPS SID GILBREATH, CHAIRMAN PLANNING ASSISTANT BOARD OF ZONING APPEALS