Board of Zoning Appeals

Board of Zoning Appeals July 8th, 2021 5:15 P.M. (1) Consider for approval the agenda as submitted. (2) Consider for approval the minutes of April 8th, 2021. (3) Consider a request for a variance to reduce the parking requirements from 129 to 124 for a total variance of five (5) parking spaces for the property located at the northeast intersection of Broadway Avenue and West Broad Street. Request submitted by Scott Nicholson of CES on behalf of Putnam Properties.  Board of Zoning Appeals Minutes April 8, 2021 The Board of Zoning Appeals met on Thursday, April 8, 2021 at 5:15 p.m. in the Council Chambers located at 45 E. Broad Street, Cookeville, Tennessee. Members Present: Nancy Bohannon, James Dial, Michael Detwiler, Elwood Ervin & Connie McCormick. Members Absent: None. Staff Present: Jon Ward & Haley Dickson. Staff Absent: Ken Young & James Mills. Others Present: Amanda & John Brantley, Aaron Tyznik, Millie Jones, Patty & Chris Johnson, Robert Dinello, Dorothy Foley, and Lindsay Pride. 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 11th, 2021. Nancy Bohannon made the motion to approve the minutes of February 11th, 2021 as submitted. Connie McCormick seconded the motion and the motion carried unanimously. APPROVED. Consider a request for a variance to reduce the rear yard setback requirement on 561 Freeze Street from 20’ to 19’ for a total variance of 1 foot to build a garage addition. Request submitted by Amanda and John Brantley. Jon Ward stated that Amanda and John Brantley submitted a request for a variance to the reduce the rear yard setback requirement for property located at 561 Freeze Street in the RS-10, Single Family Residential District. Analysis: The subject property is identified as parcel 008.00 on tax map 053F, Group D and is zoned R10, Single Family Residential. The property is adjacent to RS-10, Single Family Residential on all sides. The property also is bordered by Broad Street Freeze Street Historic District to the west. The property consists of approximately 0.26 acres (11,325 sq. ft.). An existing single-family home is located on the lot. The home is nonconforming to the front setback. Tax records indicated the home was built in 1972. Mr. and Mrs. Brantley have submitted a site plan depicting a garage addition to the existing structure. The RS10 District has a twenty (20) foot rear yard setback requirement. The proposed addition encroaches on the rear yard setback requirement by approximately one (1) foot. This encroachment includes the eave overhang of the corner of the proposed structure. The southern rear property line of the lot is angled from east to west, providing for the encroachment. The requested variance not to exceed a one (1) foot reduction in the twenty (20) foot rear setback requirement represents a total variance request of five percent (5%). 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 Recommendation: Approval of variance request to reduce the rear yard setback requirement from 20 feet to 19 feet for a total variance of 1 foot. Michael Detwiler made the motion to approve the request as recommended by staff. Elwood Ervin seconded the motion and the motion carried unanimously. APPROVED. Consider a request for a special exception to allow a Bed & Breakfast Home in the RS-15 (single-family) zone on the property located at 140 Breen Lane. Request submitted by Millie Jones. Jon Ward stated that Ms. Millie submitted a special exception request to allow a Bed and Breakfast Home in the RS-10, Single Family Residential District. Analysis: The subject property consists of approximately 6.22 acres and is located at 140 Breen Lane, further identified as parcel 002.00 on tax map 083. The property is zoned RS-15 Single Family Residential and is bordered by RS-15 Single Family Residential to the east and north, RS-10, Single Family Residential zoning to the west and the southern boundary is the Cookeville City Limits. Tax records indicate the principal structure was built in 1980. BOARD OF ZONING APPEALS 2 FEBRUARY 11TH, 2021 Bed and Breakfast Homes are permitted as special exceptions (use on appeal) in the RS-10 Zoning District subject to additional standards found in Section 206.3 of the Zoning Code. SECTION 206.3 BED AND BREAKFAST HOMES (As amended by Ordinance No. O17-11-20) The following additional standards shall apply for all bed and breakfast homes: 206.3A In any RS, Single Family Residential zoning district the owner of the bed and breakfast home shall permanently reside in the dwelling and at least one adult member of the owner’s immediate family shall remain on the premises while transient guests are in the home. 206.3B There shall be a maximum of five (5) guests. The maximum number of guest rooms available for rent shall be three (3) and the number of guest rooms shall be declared at the time of the submittal for approval by the Board of Zoning Appeals. 206.3C Guests shall have no special events, such as weddings, receptions, reunions, etc., at the location of the bed and breakfast home. 206.3D Subleasing of rooms by a guest is prohibited. 206.3E The principal structure for any bed and breakfast home located in a RS, Single Family Residential District shall consist of a minimum of 3,000 square feet. 206.3F No alteration to the residential structure shall indicate from the exterior that the structure is being utilized for any purpose other than a residential dwelling unit, including permitted accessory buildings. 206.3G Required off-street parking shall be located to the rear of the principal structure unless otherwise specially authorized by the Board of Zoning Appeals. The Board may require screening of off-street parking areas if determined necessary to minimize the impact on adjacent residential properties. A minimum of three (3) off-street parking spaces plus one (1) space per guest room shall be provided. 206.3H No guest shall stay for more than seven (7) consecutive days. 206.3I A current guest register shall be kept by the owner. 206.3J The only meal that may be provided to guests shall be breakfast, and it shall only be served to guests taking lodging in the facility. 206.3K No food preparation or cooking shall be conducted in any guest room. 206.3L A Certificate of Appropriateness shall be issued by the Historic Zoning Commission prior to the establishment of a bed and breakfast home located in any Historic Zoning District. 206.3M Proof of insurance (fire, hazard and liability) shall be submitted annually to the Codes Department and shall remain in effect for the length of the operation of the Bed and Breakfast Home. The minimum liability coverage limit shall be $1,000,000 per occurrence. 206.3N The provisions of Tennessee Code Sections 68-14-501 through 68-14-503 shall be met. 206.3O Approval of the special exception shall be revoked for any bed and breakfast home cited by the Codes Department for three (3) or more codes violations in any 12 consecutive month period. A property shall not be eligible to reapply for a special exception for a period of 12 consecutive months following revocation. 206.3P Special exception approval for a bed and breakfast home shall not be transferrable to a new owner of the dwelling. While most additional standards included in the Zoning Code apply to operation of a Bed and Breakfast Home, some specifically address property attributes as a condition of approval. Ms. Jones does own the home and will be an onsite resident during operation of the Bed and Breakfast. Submitted documentation provides the total living space of the home consists of 3,330 sq. ft, which meets the minimum square footage requirement. There will be no alteration to the exterior of the structure proposed for the Bed and Breakfast. The property owner indicates that the site has in excess of seven (7) non-visible off-street rear parking spaces BOARD OF ZONING APPEALS 3 FEBRUARY 11TH, 2021 plus three (3) parking spaces in the front of the home for owner parking. Ms. Jones will have to address any issues relative to Building Code requirements to operate the proposed use. In the opinion of the Planning Department all established conditions can be met and the property appears suitable for the proposed use. Staff Recommendation: Approval of request subject to compliance with provisions of the Zoning Code and Building Code. Millie Jones stated that she works from home and will always be on the property when there are quests present. Elwood Ervin made the motion to approve the request as recommended by staff. Michael Detwiler seconded the motion and the motion carried unanimously. APPROVED. Adjournment: 5:30 P.M. Submitted for Approval Submitted for Recording _____________________________ ______________________________ HALEY DICKSON JAMES DIAL, 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. ************************************************************************************* Northeast Intersection of Broadway Avenue & West Broad Street Location of Property: ___________________________________________________________________ 039 157.04 Tax Map Identification Number: __________________________ CL Zone: _____________________ Property Owner Person Making Request Putnam Properties Name: ____________________________ Scott Nicholson Name: _______________________________ 67 North Washington Avenue Address: __________________________ 214 East Stevens Street Address: ______________________________ Cookeville, TN 38501 _________________________________ Cookeville, TN 38501 ____________________________________ (City, State, Zip) (City, State, Zip) chad@pcstn.net Email: ___________________________ scott@ces-tn.com Email: ______________________________ (931)267-6301 Phone: ___________________________ (931)528-5266 Phone: ______________________________ ************************************************************************************* Type of Request: SPECIAL EXCEPTION VARIANCE ✔ ADMINISTRATIVE REVIEW Describe the request below (attach any accompanying information): See attached letter. ************************************************************************************* 6/21/2021 Date Filed: ___________________ Yes Fee Paid: ______________ $200.00 Amount: __________________ July 8th, 2021 Meeting date set for: ___________________________________________________________________ Jon Ward Request reviewed by: ___________________________________________________________________