Board of Zoning Appeals

Board of Zoning Appeals February 11, 2021 5:15 P.M. Election of Chairman and Vice-Chairman (1) Consider for approval the agenda as submitted. (2) Consider for approval the minutes of November 12, 2020. (3) Consider a request for a special exception to allow a Bed & Breakfast Home in a RS-10 (single- family) zone on the property located at 1217 North Maple Avenue. Request submitted by Joy Tiebout on behalf of property owner Steve Tiebout.  Board of Zoning Appeals Minutes November 12, 2020 The Board of Zoning Appeals met on Thursday, November 12th, 2020, at 5:15 p.m. in the Council Chambers, 45 E. Broad Street, Cookeville, Tennessee. Members Present: Nancy Bohannon, James Dial, Elwood Ervin, & Sid Gilbreath. Members Absent: Connie McCormick. Staff Present: Jon Ward & Haley Dickson. Staff Absent: Ken Young & James Mills. Others Present: Chad Gilbert & Taylor Dillehay. 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 September 10th, 2020. Elwood Ervin made the motion to approve the minutes of September 10th, 2020 as submitted. Nancy Bohannon seconded the motion and the motion carried unanimously. APPROVED. Consider a request for a variance to reduce the minimum lot size from 10,000 sq. ft. to 9,706 sq. ft. for a total variance of 294 sq. ft. for the property located at 344 East 18th Street. Request submitted by Taylor Dillehay on behalf of property owners Steve & Paula Garrett. Jon Ward stated that Mr. Taylor Dillehay with Whittenburg Surveying submitted a request on behalf of property owner Steve and Paula Garrett to reduce the minimum lot size requirement for property located at 344 East 18th Street in the RS-10 Single Family Zoning District. Analysis: The subject property is located on the northeast corner of East 18th Street and Missouri Avenue, further identified as Parcel 031.01 on Tax Map 040F, Group H. A submitted survey shows the property consists of 20,923 sq. ft. The property is zoned RS-10, Single Family Residential and is bordered by RS-10, Single Family Residential to the north, west and south and CL, Local Commercial to the east. An existing single-family residence is sited on the property. Mr. Dillehay has submitted a two (2) lot subdivision plat for the property. The RS-10 Zoning District requires a minimum lot size of 10,000 sq. ft. In order to accommodate the existing structure within required building setbacks and to avoid property line jogs, the proposed subdivision plat depicts a vacant proposed Lot 1 consisting of 9,706 sq. ft. and proposed Lot 2 with the existing structure consisting of 11,217 sq. ft. The requested variance is for 294 sq. ft. which represents a variance of less than three (3) percent of the total required lot area. In the opinion of the Planning Department the variance to reduce the minimum lot size as depicted on the submitted subdivision plat will not be detrimental to the public welfare or injurious to other property in the area. Staff Recommendation: Approval of request Elwood Ervin made the motion to approve the request as submitted subject to staff’s recommendation. James Dial seconded the motion and the motion carried unanimously. APPROVED. Consider a request for a variance to reduce the minimum lot area per dwelling unit from 45,000 sq. ft. to 43,996 sq. ft. for a total variance of 1,004 sq. ft. to allow 15 dwelling units on the property located at 1440 East Spring Street. Request submitted by Chad Gilbert on behalf of Donny Meadows. Jon Ward stated that Mr. Chad Gilbert submitted a variance request on behalf of property owner Donny Meadows to reduce the minimum lot area per dwelling unit from 45,000 sq. ft. to 43,996 sq. ft. for a total variance of 1,004 sq. ft. to allow 15 residential dwelling units on the property located at 1440 East Spring Street. Analysis: The subject property located at 1440 East Spring Street is further identified as Parcel 003.00 on Tax Map 052P, Group A. The property consists of 1.01 acres or 43,996 sq. ft. A submitted survey from June 2013 depicts two (2) existing single-family structures on the property. Both structures have been demolished. BOARD OF ZONING APPEALS 2 November 12th, 2020 The property is zoned CL, Local Commercial. The site is bordered by CL, Local Commercial to the south and east and CR, Regional Commercial to the west and north. In the CL Zoning District, multi-family residential dwellings are permitted by right and single-family attached dwellings (townhomes), single-family detached cluster developments and condominiums are uses permitted upon review by the Planning Commission. The CL Zone requires a minimum lot area of 3,000 sq. ft per dwelling unit for residential development. Mr. Gilbert has submitted the variance request to allow fifteen (15) dwelling units on the property. At the required density of 3,000 sq. ft. per dwelling unit this would require 45,000 sq. ft. of land area. The subject property consists of 43,996 sq. ft. which is 1,004 sq. ft less than required. This represents a variance of 2.2 percent of the total land area necessary for 15 dwelling units. Mr. Gilbert included two (2) preliminary site plans with the variance request, which depict 15 dwelling units. The units are proposed with two (2) car garages. The garage parking would eliminate the need for surface parking and would reduce lot coverage and imperious surface if all provided parking was surface parking. Also, Mr. Gilbert indicates these will be two (2) bedroom units, instead of three and/or four-bedroom units which would significantly increase the number of persons residing at the development without increasing the number of dwelling units. In the opinion of the Planning Department the variance to the minimum lot area will not be detrimental to the public welfare or injurious to other property in the area, provided all units are constructed with garages and are limited to two (2) bedroom units. Staff Recommendation: Approval of request Elwood Ervin asked if the developer was to deviate from the proposed variance and change from two-unit townhomes to three-unit townhomes if that would be allowed. Jon Ward stated that any changes in units will have to go in front of the board again. Chad Gilbert stated that the townhomes will have a “flex space” in the garage to allow for three stories. Jon Ward stated that 1.25 parking spaces are required per bedroom per dwelling unit and the flex space doesn’t qualify as a bedroom. Elwood Ervin made the motion to restrict the variance to two bedrooms and two car garages per townhome. Nancy Bohannon seconded the motion and the motion carried unanimously. APPROVED. Adjournment: 5:35 P.M. Submitted for Approval Submitted for Recording _____________________________ ______________________________ HALEY DICKSON , CHAIRMAN PLANNING ASSISTANT BOARD OF ZONING APPEALS  APPLICATION FOR BZA REQUEST The Board of Zoning Appeals meets the 2nd Thursday of each month. Applications must be submitted to the Planning Department no later than 12:00 p.m. on the third Monday of the month prior to the meeting. In most cases, it will be necessary to submit additional materials (photos, example, sketch, floor plan, survey, etc.) to help explain the request. This information must accompany this application. A fee of $50.00 for each Special Exception and Administrative Review request, and a fee of $200.00 for each Variance request shall also be submitted with this application. ************************************************************************************* 1217 North Maple Avenue Location of Property: ___________________________________________________________________ 040K J 015.00 Tax Map Identification Number: __________________________ RS-10 Zone: _____________________ Property Owner Person Making Request Steven Tiebout Name: ____________________________ Joy Tiebout Name: _______________________________ 1217 North Maple Ave Address: __________________________ 1217 North Maple Ave Address: ______________________________ Cookeville, TN 38501 _________________________________ Cookeville, TN 38501 ____________________________________ (City, State, Zip) (City, State, Zip) stevetiebout@gmail.com Email: ___________________________ joytiebout@gmail.com Email: ______________________________ (931)319-1064 Phone: ___________________________ (931)319-6184 Phone: ______________________________ ************************************************************************************* Type of Request: SPECIAL EXCEPTION ✔ VARIANCE ADMINISTRATIVE REVIEW Describe the request below (attach any accompanying information): We are requesting approval of a bed and breakfast home. ************************************************************************************* 1-15-2021 Date Filed: ___________________ 1-15-2021 Fee Paid: ______________ $50 Amount: __________________ February 11, 2021 Meeting date set for: ___________________________________________________________________ Jon Ward Request reviewed by: ___________________________________________________________________