Board of Zoning Appeals

Board of Zoning Appeals Minutes March 11, 2021 The Board of Zoning Appeals met on Thursday, March 11, 2021 at 5:15 p.m. in the Council Chambers located at 45 E. Broad Street, Cookeville, Tennessee. Members Present: James Dial, Michael Detwiler, Elwood Ervin & Connie McCormick. Members Absent: Nancy Bohannon. Staff Present: Jon Ward & Haley Dickson. Staff Absent: Ken Young & James Mills. Others Present: W. Blake Garrison, Curtis & Kelli Sipe. James Dial welcomed new member Michael Detwiler. Consider for Approval the Agenda as Submitted. Elwood Ervin made the motion to approve the agenda as submitted. Connie McCormick seconded the motion and the motion carried unanimously. APPROVED. Consider for Approval the Minutes of February 11th, 2021. Michael Detwiler made the motion to approve the minutes of February 11th, 2021 as submitted. Elwood Ervin seconded the motion and the motion carried unanimously. APPROVED. Consider a request for a special exception to allow a Hospice Residence Home / Assisted Living Facility on the property located at 570 State Street. Request submitted by Curtis & Kelli Sipe. John Ward stated that Mr. Curtis Sipe and Mrs. Kelli Sipe on behalf of Putnam 1st Mercantile Bank, submitted a request for a special exception to reinstate a hospice residence home/assisted living facility at property located at 570 State Street. Analysis: The subject property is identified as Parcel 2.04 on Tax Map 53 and consists of 1.00 acre. The parcel was created as a part of the Upper Cumberland Christian Home Division, which was approved and recorded in 2007. It is contiguous with properties zoned as RS-10 to the north, east and south and as RM-8 to the west. The Upper Cumberland Christian Home, a 33-unit senior housing complex, is adjacent to the subject property to the west. The Planning Department has an extensive history with this property. The property was historically operated as a group home. The Zoning Code was amended to allow the property to be used as a hospice home and assisted living facility, and the property was approved and used accordingly. Hospice Residence Home/Assisted Living Facility is a use permitted on appeal (special exception) in the RS10 District, subject to conditions. These conditions are included below: 212.4D Hospice Residence Home/Assisted Living Facility meeting the following conditions:  Minimum lot area of 40,000 square feet shall be provided for such facility  Maximum of twelve (12) residents shall reside at the facility  Minimum of one (1) off-street parking space per maximum number of residents and employees shall be provided at the facility  No freestanding signs shall be permitted  Shall be located on property contiguous with property zoned for multi-family residential purposes and shall be accessed from the same street as the contiguous property zoned for multi-family residential purposes  Structure shall be compatible with nearby residential structures in terms of scale and appearance  Site plan and floor plan shall be submitted to and approved by the Board of Zoning Appeals  Type 2 Screen/Buffer Yards as specified in section 208 of this Zoning Code shall be provided along all property lines abutting property zoned or used for single or two-family residential purposes  All requirements of the State of Tennessee that pertain to the use and operation of the facility shall be met  Shall have been previously legally utilized as a group home BOARD OF ZONING APPEALS 2 FEBRUARY 11TH, 2021 The special exception was last approved by the Board of Zoning Appeals on November 12, 2017 on behalf of an application submitted by Ms. Connie Mitchell. Ms. Mitchell sold the property to Ms. Teresa Armstrong and Ms. Vanessa Turner in 2018. The facility closed at some point in 2019/early 2020 and the property is now owned by Putnam 1st Mercantile Bank. Section 233.9D.2.h. of the Zoning Code provides that the cessation of a use approved as a special exception under the provisions of this Zoning Code for a period of six (6) consecutive months shall void the approval of the special exception. The hospice home/assisted living facility has been closed for a period of over six (6) months, voiding the prior approval. Ms. Kelli Sipe has submitted an application to reinstate the special exception. A floor plan depicting the proposed utilization of the structure as a hospice residence home/assisted living facility has been submitted. It depicts a total of 10 bedrooms to be used for hospice/assisted living, with no changes since prior approval. No changes are planned for the site, which was found to be compliant with the occupancy, signage, parking and screening requirements when approved in 2017. The site exceeds the minimum lot area requirement and exterior facade of the residential structure will not be altered. Also as noted the site is contiguous with property zoned for multi-family residential purposes and is accessed from the same street as the contiguous property zoned for multi-family residential purposes. In the opinion of the Planning Department all established conditions can be met and the property appears to be particularly suitable for the proposed use. Staff Recommendation: Approval of request, subject to compliance with all applicable provisions of the Zoning Code Elwood Ervin made the motion to approve the request as recommended by staff. Connie McCormick seconded the motion and the motion carried unanimously. APPROVED. Adjournment: 5:22 P.M. Submitted for Approval Submitted for Recording _____________________________ ______________________________ HALEY DICKSON JAMES DIAL, CHAIRMAN PLANNING ASSISTANT BOARD OF ZONING APPEALS