Board of Zoning Appeals

Board of Zoning Appeals Minutes August 12th, 2021 The Board of Zoning Appeals met on Thursday, August 12th, 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, Christopher Phillips, & Haley Dickson. Staff Absent: Ken Young. Others Present: Jonathon Wocher, Jared Cron, Eric Parl, Joe Maynard, Tim Van Drew, Jason Ray & Eunetta Jenkins. Consider for Approval the Agenda as Submitted. Elwood Ervin made the motion to approve the agenda as submitted. Michael Detwiler seconded the motion and the motion carried unanimously. APPROVED. Consider for Approval the Minutes of July 8th, 2021. Elwood Ervin made the motion to approve the minutes of July 8th, 2021, as submitted. Michael Detwiler seconded the motion and the motion carried unanimously. APPROVED. Consider a request for a variance to the surfacing requirements for a heavy track machinery sales yard located at 667 Horace Lewis Road (Tax Map 096 Parcels 0018.01 &0018.02 and Tax Map 083 Parcel 114.00). Request submitted by Wes Magill of Ragan Smith on behalf of Thomson Machinery. Jon Ward stated that Mr. Wes Magill with Ragan Smith submitted a variance request to the surfacing requirement for an equipment storage area that will be utilized by track equipment. Analysis: The subject property is the current location of Thompson Machinery, a CAT equipment dealership and service center. The total area consists of approximately 7.5 acres, located at 667 Horace Lewis Road (Tax map 096, parcel 018.02), 701 Horace Lewis Road (Tax Map 083, Parcel 114.00) and a vacant track identified as Tax Map 096, Parcel 018.01. The properties are all zoned CI, Commercial- Industrial Mixed Use. The property is bordered by CI, Commercial-Industrial Mixed-Use Zoning to the north and south, LM, Light Manufacturing to the west and RS20, Single Family Residential to the east. Mr. Magill provided a preliminary plan for an expansion to the existing site, which includes a proposed gravel laydown area for heavy track equipment. Section 205.7C of the Zoning Code includes surfacing requirements for parking lots and driveways. 205.7C SURFACING REQUIREMENTS Parking lots and driveways shall be surfaced with Portland cement concrete or asphaltic concrete, as specified in the Cookeville Subdivision Regulations, and be so constructed to provide for adequate drainage and prevent the release of dust. The area depicted on the plan and subject to the request will be an area utilized for staging and storage of heavy track equipment such as excavators and bulldozers. Some of this type of machinery moves around on metal tracks. The weight and nature of this type of machinery would damage asphalt or concrete surfaces that are required in the Zoning Code for parking lots and driveways. The Planning Department concurs with this claim, as hard surfaces would not hold up to this type of traffic. The provided site plan is a preliminary plan that has not been reviewed or approved by the applicable city departments. Thompson Machinery currently has one (1) point of ingress/egress on Horace Lewis Road. The site plan provided with the variance application depicts two (2) additional access points onto  Board of Zoning Appeals August 12th, 2021 Minutes Horace Lewis Road, with a northern connection depicted on the site plan as a gravel connection. The City would not approve a gravel connection to a city street due to the issues with gravel washing into the street. If a northern connection to Horace Lewis Road is approved, the connection would have to be surfaced with asphalt or concrete for some distance before transitioning to gravel. In the opinion of the Planning Department, the requested variance will not be detrimental to the public welfare or injurious to other property in the area. Staff Recommendation: Approval of request to allow a gravel area for track equipment, with no proposed connections to City Streets allowed as gravel. Elwood Ervin made the motion to approve the request as recommended by staff. Nancy Bohannon 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-10 (Single- Family) zoning district on the property located at 4 North Ferguson Avenue (Tax Map 053F Parcel 001.00). Request submitted by Brad Sells. Jon Ward stated that Mr. Brad Sells 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 0.48 acres and is located at 4 North Ferguson Avenue and 706 North Elm Avenue, further identified as Tax Map 053F, Group D, Parcel 001.00. The property is zoned RS-10 Single Family Residential, and is bordered by RS-10, Single Family Residential zoning to the east north and west and RM14, Multi-Family Residential to the south. The property is an existing non-conforming property with a commercial/residential structure located at 4 North Ferguson Avenue and an accessory duplex located at 706 North Elm Avenue. These structures are legal non- conforming structures. Tax records indicate the principal structure was built in 1930, a single-family residence was built in 2000 and the duplex at 706 North Ferguson Avenue was built in 1955. 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.  Board of Zoning Appeals August 12th, 2021 Minutes 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 apply to operation of a Bed and Breakfast Home, some specifically address property attributes as a condition of approval. The proposed location consists of a principal residence and a duplex adjacent to the residence. The principal structure is a two-story structure that consists of over 4,012 square feet for a single-family residence, with a warehouse area consisting of 2,850 square feet. The duplex located on the property consists of 1,470 square feet. There will be no alteration to the exterior of the existing structures proposed for the Bed and Breakfast. The initial conversations that the Planning Department had with the applicant indicated that the duplex structure would be utilized as a Bed and Breakfast Home, and that the principal structure would be occupied. The Planning Department has not been able to verify occupancy of the principal structure to determine if all established conditions can be met at this time. Staff Recommendation: Approval of the request if it is determined that all standards of Section 206.3 are met. Denial if standards are not met. Mr. Brad Sells stated that he would like to Airbnb one of the units in the duplex. Mr. Sells said that he would reside in the shop and gallery when guests are on premises. He stated that the home on this property was built a long time ago and was originally a body shop while the duplex was East End Grocery with an apartment above it. The property is gated and fenced, and he believes that there is more than enough parking for guests. Mr. Sells wants to provide a space for those entertaining out of town family and executives visiting town who need more than just a hotel room. Mr. Elwood Ervin asked how many units are going to be rented out.  Board of Zoning Appeals August 12th, 2021 Minutes Mr. Sells stated that he is only planning to Airbnb one unit and long-term renting the upstairs unit due to it only have one way of ingress/egress. Michael Detwiler made the motion to approve the request as recommended by staff. Nancy Bohannon seconded the motion and the motion carried unanimously. APPROVED. Consider a request for a variance to the grades for parking lots to allow portions of parking areas to exceed 5% for the property located at 777 South Jefferson Avenue (Tax Map 066C, Group B, Parcel 007.00). Request submitted by Jonathan Wocher, AICP on behalf of Speedway, LLC. Jon Ward stated that Mr. Jonathan Wocher with McBride Dale Clarion submitted a variance request to the grades for parking lots to allow portions to parking lot areas to exceed five percent (5%) for property located at 777 South Jefferson Avenue. Analysis: The subject property is located at 777 South Jefferson Avenue. The site is the location for a proposed new Speedway convenience store. This project is a redevelopment where four (4) existing structures will be demolished. Three (3) of these structures are located on Tax Map 066C, Group B, Parcel 007.000 and another located on Tax Map 066C, Group B, Parcel 005.00. The entire site will also incorporate a small portion of the property at 767 South Jefferson Avenue further identified as Tax Map 066C, Group B, parcel 004.00. The developer’s representative has indicated this will consist of approximately 1.7 total acres of property for the proposed Speedway store. The property is zoned CG General Commercial and is bordered by CG General Commercial to the north, south, east and west and PCD, Planned Commercial Development is on the east side of South Jefferson Avenue. A proposed site plan depicts access to South Jefferson Avenue at the signalized intersection that is the entrance to the existing Wal-Mart development. The site plan depicts two (2) points of ingress/egress on a private access driveway to the Putnam County Fairgrounds property, and other points of access to the north that provide additional access to the Appliance Mart retail shopping center. Putnam County has approved easements to access the driveway to the Putnam County Fairgrounds property. Section 205.7 of the Zoning Code, Design Requirements for Parking Spaces and Lots, Section 205.7D, Grades, provides maximum grades for entrances connecting to a public street and parking lot areas and is included below: 205.7D GRADES 1. Grades within the paved area of a parking lot shall at no place be less than one (1) percent or more than five (5) percent. 2. Grades of driveways or entrances from a public street serving a parking lot shall at no point exceed eight (8) percent. Single- and two-family dwellings are not subject to the requirements of this section. A provided site plan depicts a grade of 3.31 to 3.81 percent at the access to South Jefferson Avenue, which is compliant. Grades of 9.83 percent and 10.01 percent are proposed at the southern access to the Putnam County Fairgrounds driveway. The northern access points are proposed at 10.95 percent and 9.88 percent. Neither of these proposed connections are to public streets as stipulated in Section 205.7D.2. The final grading plan for the development depicts two (2) instances in the parking areas access driveways where the grade is proposed at 6.18 percent and 6.27 percent. These areas are located just northeast of the proposed new principal store structure. All other proposed grades meet the maximum allowable grade of five percent (5%). The Planning Department interprets Section 205.7D.1. to apply to parking lots and the access aisles that serve actual parking spaces. Driveways providing ingress/egress to a development are covered in Section 205.7D.2.  Board of Zoning Appeals August 12th, 2021 Minutes The existing topography of the site has approximately fifteen (15) feet of grade change from south to north. Existing grades on the current site exceed ten percent (10%) in several locations. Cookeville Public Works indicated a grade more than seventeen percent (17%) in one location at the northern boundary of the proposed development site. The developer contends that the variance is necessary due to existing site and topographic conditions, unique to the property. The Planning Department feels the topographic conditions present a hardship for any redevelopment of the site. In the opinion of the Planning Department, the requested variance will not be detrimental to the public welfare or injurious to other property in the area. Staff Recommendation: Approval of request to increase the maximum grade of parking areas to allow for maximum grades of 6.27 percent as depicted on the submitted grading plan. Chairman James Dial asked if the 16-17% slope proposes an issue with development. Jonathon Wocher stated that the property is deceptively steep and properties on the south of the property are lower than existing site. They have reworked the site plan due to the steep grading. Mr. Wocher stated that the canopy and ADA parking are needing to be relatively flat and even with the variance, the plan is to improve the grading during construction. Elwood Ervin made the motion to approve the request as recommended by staff. Michael Detwiler seconded the motion and the motion carried unanimously. APPROVED. Consider a request for a variance to the maximum width of driveways to allow a driveway width of 50 feet on the property located at 777 South Jefferson Avenue (Tax Map 066C, Group B, Parcel 007.00). Request submitted by Jonathan Wocher, AICP on behalf of Speedway, LLC. Jon Ward stated that Mr. Jonathan Wocher with McBride Dale Clarion submitted a variance request to maximum access width requirement for a proposed Speedway convenience and fuel station located at 777 South Jefferson Avenue. Analysis: The subject property is the same site as described in Agenda item number 5. A proposed site plan for redevelopment of the property depicts access to South Jefferson Avenue at the signalized intersection that is the entrance to the existing Wal-Mart development. Section 205.9 of the Zoning Code, Access Control and Requirements for Curb Cuts (Driveways) and Culverts, Section 205.9B, Maximum Width of Access Points and Driveways provides that “For any non- residential use, a point of access for vehicles onto a street, excluding the necessary turning radius, shall not exceed forty (40) feet in width.” Speedway requests that a driveway access point of fifty (50) feet in width be allowed to align with the existing driveway on the west side of South Jefferson Avenue that provides access for the Walmart shopping development. This is a signalized intersection that provides four (4) lanes of ingress/egress for the Walmart shopping center with a divided landscaped median where signage is located. They further contend that the width is necessary for fuel and other delivery truck access. A provided access location/width exhibit provided by Speedway depicts the turning movements of fuel delivery and other delivery trucks, depicting that the width is necessary to navigate the fuel pump canopy and navigate the interior of the site. The Planning Department finds justification in the request due to the existing width of the access point on the west side of South Jefferson Avenue. Also, this intersection is controlled with a traffic signal, which alleviates other concerns with uncontrolled access management. In the opinion of the Planning Department, the requested variance will not be detrimental to the public welfare or injurious to other property in the area. Staff Recommendation: Approval of request to increase the driveway access requirement from forty (40) feet to fifty (50) feet for a total variance of ten (10) feet.  Board of Zoning Appeals August 12th, 2021 Minutes 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: 5:57 P.M. Submitted for Approval Submitted for Recording _____________________________ ______________________________ HALEY DICKSON JAMES DIAL, CHAIRMAN PLANNING ASSISTANT BOARD OF ZONING APPEALS