Board of Zoning Appeals

Name: Board of Zoning Appeals — Cookeville, TN
Start: 2021-10-14
End: 2021-10-14
Location: Cookeville, TN

Regular Meeting

Cookeville, TN · October 14, 2021

Agenda Minutes

Minutes

Board of Zoning Appeals Minutes October 14th, 2021 The Board of Zoning Appeals met on Thursday, October 14th, 2021, at 5:15 p.m. in the Council Chambers located at 45 E. Broad Street, Cookeville, Tennessee. Members Present: James Dial, Michael Detwiler & Connie McCormick. Members Absent: Nancy Bohannon & Elwood Ervin. Staff Present: Jon Ward, Christopher Phillips, & Haley Dickson. Staff Absent: Ken Young & James Mills. Others Present: William Birdwell CONSIDER FOR APPROVAL THE AGENDA AS SUBMITTED. Michael Detwiler 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 SEPTEMBER 9TH, 2021. Michael Detwiler made the motion to approve the minutes of September 9th, 2021, as submitted. Connie McCormick seconded the motion and the motion carried unanimously. APPROVED. CONSIDER A REQUEST FOR A CHANGE OF A NONCONFORMING USE TO ANOTHER NONCONFORMING USE OF THE SAME CLASSIFICATION TO ALLOW APARTMENTS TO BE CONVERTED TO CONDOMINIUMS ON THE PROPERTY LOCATED AT 508 EAST BROAD STREET. REQUEST SUBMITTED BY JOSHUA STITES ON BEHALF OF AUSTIN PROPERTIES. Jon Ward stated that Mr. Joshua Stites on behalf of Austin Properties has submitted a request to change a nonconforming use to another nonconforming use of the same classification for property located at 508 East Broad Street. Analysis: The subject property is located on the northeast corner of Womack Avenue and East Broad Street further identified as Tax Map 053F, Group C, Parcel 011.00 and is zoned RS10, Single Family Residential. The property is bordered by RS10 zoning to the east, north and west, and CBD, Central Business District to the south. The property is also located within the East Freeze Street Historic Zoning District. An existing home is located on the property. Tax records indicated the structure was built in 1925. According to the Codes Department, the structure has been utilized as a multi-family residence since the early 1980s and possibly longer. The RS10 Zoning District is intended to provide a low to moderate density single-family residential environment. Primarily, only single-family detached dwellings are permitted in the RS10 Zoning District. The existing structure is a single-family home that was converted to a multi-family dwelling. According to the City’s records, the home is being utilized as five (5) dwelling units and has been used as a multi-family apartment dwelling for many years. The request was submitted to convert the multi- family apartment dwelling units into condominium units. Section 201.8C.3. provides requirements for a change of a nonconforming use to another nonconforming use of the same classification. 3. Change to Another Nonconforming Use of Same Classification. An existing nonconforming use of a structure may be changed to another nonconforming use of the same classification; provided, however, that establishment of another nonconforming use of the same classification shall be subject to the written approval of the Board of Zoning Appeals and subject to such conditions as the Board of Zoning Appeals may require to protect the area. The primary difference between apartments and condominiums are that condos consists of structures that are individually owned, and the land and other aspects of the developer are owned in common by the individual unit owners. The individual ownership typically includes the dwelling unit only, defined from wall to wall and ceiling to floor. Ownership of condominium units is governed by Section 66- Board of Zoning Appeals October 14th, 2021 Minutes 27-101 et. Seq. of Tennessee Code Annotated, known as the Horizontal Property Act. Apartments are multi-family dwellings consisting of buildings designed to be occupied by three (3) or more dwelling units under one ownership. While the ownership of these uses is different, the use is classified the same. Not only is the use of the property non-conforming, but the property is non-confirming to the parking requirements, surfacing requirements, and screening requirements and possibly others. Some of the ingress/egress to the site consists of gravel driveways. Some of the parking is accommodated with an existing carport that appears to be non-conforming to the setback requirements. Additional parking is accommodated in gravel areas. Section 205.7C of the Zoning Code requires that parking lots and driveways shall be surfaced with cement or asphalt. The property is also adjacent to single-family residential property to the north, east and across Womack Avenue to the west. It appears vegetative screening exist on the adjacent properties to the north and east and not the subject property. Tennessee Code Annotated, Section 13-7-208 provides protections for non-conforming multi-family structures. The protections provide that a nonconforming use may continue unless the use ceases for a period of thirty (30) consecutive months. Protections for multi-family uses include some additional stipulations as included below: (A) Multifamily residential establishments, whether used as owner-occupied property or rental property, which were permitted to operate under zoning regulations or exceptions thereto immediately preceding a change in zoning shall be allowed to reconstruct new facilities necessary to the conduct of such multifamily residential establishment subsequent to the zoning change, in the event of damage, whether partial or complete, by involuntary fire or wind damage or other natural disaster. (B) If any such new facilities exceed the original height, density, setback, or square-footage of the original facilities in existence immediately prior to the damage, then the new facilities shall constitute a change in the use of the land, and any protections provided hereunder shall be forfeited. (C) If any such new facilities do not exceed the original height, density, setback, or square- footage of the original facilities in existence immediately prior to the damage, then the new facilities shall constitute a continuation of the use of the land immediately prior to the damage, and any protections provided hereunder shall not be forfeited. (D) Whenever any ordinance enacted under authority of this chapter establishes stricter terms regarding the amount of partial damage that may be allowed without forfeiture of these protections, then any such ordinance shall govern. (E) New facilities shall comply with all architectural design standards required under current zoning regulations and be consistent with the architectural context of the immediate and adjacent block faces. Section 201.8C.3 of the Zoning Code states the Board of Zoning Appeals may approve a change in a nonconforming use of the same classification and allows the BZA to establish conditions as the Board sees as necessary to protect the area. The Planning Department does not recognize any additional impacts from a conversion from the multi-family use to condominiums. If the BZA determines that the proposed change in nonconforming use conforms with Section 201.8C.3 of the Zoning Code, the Planning Department recommends that conditions be established to protect the surrounding residential area as included below: • Parking shall be designed in compliance with the Zoning Code • Driveways and parking areas shall be surfaced with asphalt or concrete as required by the Zoning Code Board of Zoning Appeals October 14th, 2021 Minutes • Screening shall be installed along the northern and eastern property boundaries adjacent to single-family homes The existing use may continue as a nonconforming multifamily use under the provisions of the Tennessee Code Annotated. The Planning Department has concerns with the possibility of demolishing and rebuilding the structure if a conversion is approved. The provision of TCA 13-7-208 provide that the structure cannot be voluntarily demolished and rebuilt. Reconstruction of the structure would only be allowed at the same physical height, density, square footage and setback of the original structure and only if damaged by involuntarily fire or wind damage or other natural disaster. Also of note, the existing structure does not meet the requirements of the Building Code. According to the Codes Department, a conversion to condominiums will require the structure to be in brought into compliance with current building codes. The existing complex is also located within the Freeze Street Historic Zoning District, and any exterior alterations would be subject to all Architectural Design Requirements of the Historic Zoning Overlay District. Staff Recommendation: Approval of the request subject to providing parking in compliance with the Zoning Code, surfacing driveways and parking areas as required by the Zoning Code, providing screening as required by the Zoning Code, subject to the stipulation that the structure cannot be voluntarily demolished and rebuilt, which would forfeit nonconforming protections as stipulated by the provision of Tennessee Code Annotated 13-7-208, subject to all applicable requirements of the Building Code relative to the conversion, and subject to the Freeze Street Historic Guidelines. Mr. James Dial asked if the carport on the property is out of compliance. Mr. Jon Ward stated that accessory structures that are over 400 square feet are required to meet full setbacks. The existing car port appears to be over 400 square feet and appears to be too close to the property line. The structure is nonconforming but has existed for many years. Mr. Dial asked if the existing landscape screening is on the property in question or adjoining properties. Mr. Ward stated that the Planning Department requires screening on more intense uses as opposed to residential uses. The proposed property does not require screening to be completely opaque but would require a Type 2 buffer screen. Mr. Ward suggested that the Board make a decision of screening requirements for the property. Mr. William Birdwell stated that the intent for the property owner is not to tear down the building on the property. The owner understands the authority that the Board of Zoning Appeals carries to set conditions regarding his property and is agreeable to meet parking requirements in terms of numbers, which around 8 parking spaces will comply with the Zoning Code. Mr. Birdwell stated that surfacing will probably be asphalt or concrete. He stated his client understands that drainage is an issue for the property and will build the parking lot covered by pea gravel to allow draining. Mr. Birdwell stated that his client will comply with the Zoning Code with any changes that are made. Mr. Dial asked if the owner plans to keep the landscape buffer screening in as it exists. Mr. Ward stated that the property does not have a survey and it appears that the screening is on the northern and eastern adjoining properties. Screening wouldn’t be required on road frontages but would be on adjoining property lines. Mrs. Connie McCormick asked is 8 parking spaces would be adequate. Mr. Ward stated that 7 spaces would be required. He pointed out that the building needs to be up to code before the condos are sold. He stated that when it transitions from being owned by one person to selling to five different owners, it should be up to code. Board of Zoning Appeals October 14th, 2021 Minutes Mr. Birdwell asked the board to keep in mind that when the property owner files the declaration of condos, the law considers it a condo. Before a unit is sold to a third party, it will need to be brought up to compliance before the close of sale. Mr. Ward asked how the City is able to insure that is met. Mr. Dial asked if no transfer could take place without the building being compliant. Mr. Birdwell stated that when their client pulls a building permit, they are given a list of what needs to be fixed and must bring the building up to compliance. After work is complete, the building will be inspected, and units cannot be sold until they are up to code. Mrs. McCormick asked if they have to declare the units as condominiums before any improvements can be made. Mr. Birdwell responded yes; their client needs to file the plat to pull permits in order to start improvements. Mr. Ward stated that the plat would show ownerships on the horizontal and vertical plane rather than a normal plat which would be only one view. Mrs. McCormick stated that she believes the units should be compliant with the building codes prior to any sale. Mr. Birdwell stated that their client must receive a notice of completion from the City before any sale could occur. Mr. Michael Detwiler asked if the board approved the request, the client starts the work, would he move tenants around while work is done? Mr. Birdwell stated that after the request is approved, improvements will start and the client plans to renovate rather than tear down. Mr. Dial asked if the client would sell each units as they are completed or sell all the units once all are completed. Mr. Birdwell stated that it is his understanding that his client would vacate the tenants which may take some time then remodeling will begin. His client plans to list all of the units for sale at one time. Once the renovations are complete, the client would file the notice of completion to clear leans then the units would be listed for sale. Mr. Detwiler asked if the property is going from being rented to ownership. Mr. Ward stated that the board can require a permit be pulled within one year and completion within two years. Michael Detwiler made the motion to approve the request as recommended by staff. Connie McCormick seconded the motion and the motion carried unanimously. APPROVED. Adjournment: 5:55 P.M. Submitted for Approval Submitted for Recording _____________________________ ______________________________ Haley Dickson James Dial, Chairman Planning Assistant Board of Zoning Appeals

Agenda

Board of Zoning Appeals October 14th, 2021 5:15 P.M. (1) Consider for approval the agenda as submitted. (2) Consider for approval the minutes of September 9th, 2021. (3) Consider a request for a change of a nonconforming use to another nonconforming use of the same classification to allow apartments to be converted to condominiums on the property located at 508 East Broad Street. Request submitted by Joshua Stites on behalf of Austin Properties. Board of Zoning Appeals Minutes September 9th, 2021 The Board of Zoning Appeals met on Thursday, September 9th, 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 & Connie McCormick. Members Absent: Elwood Ervin. Staff Present: Jon Ward, Christopher Phillips, & Haley Dickson. Staff Absent: Ken Young. Others Present: Grady & Vickie Jones, Rebecca Ting & Jason Ray. CONSIDER FOR APPROVAL THE AGENDA AS SUBMITTED. Nancy Bohannon 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 AUGUST 12TH, 2021. Nancy Bohannon made the motion to approve the minutes of August 12th, 2021, as submitted. Michael Detwiler seconded the motion and the motion carried unanimously. APPROVED. CONSIDER A REQUEST FOR A SPECIAL EXCEPTION TO ALLOW A USED CAR LOT ON THE PROPERTY LOCATED AT 1062 EAST SPRING STREET (TAX MAP 053L GROUP C PARCEL 019.02). REQUEST SUBMITTED BY GRADY STEVE JONES ON BEHALF OF REBECCA TING. Jon Ward stated that Mr. Grady Steve Jones owner of Endurance Automotive, on behalf of property owner Ms. Rebecca Ting, has submitted a request for a special exception to allow a used automobile sales establishment on property located in the CL, Local Commercial District at 1062 East Spring Street. Analysis: The subject property is further identified as Tax Map 053L, Group C, Parcel 019.02 and is zoned CL, Local Commercial. The property is bordered by CL zoning to the west, and south, and RS15, Single-Family Residential to the east and north. Under the provisions of the CL Zoning District, auto sales establishments may be allowed as special exceptions subject to compliance with the provisions of Section 221.4D of the Zoning Code. The conditions specified in Section 221.4D are as follows: 221.4D New and used auto sales, rental and leasing when meeting the following requirements: 1. Shall not be located adjacent to any district zoned RS-20, RS-15, RS-10, RS-5, or RD unless separated by a public street as shown on the Official Street Map The subject property is bordered by CL, Local Commercial District to the west and south and RS15, Single Family Residential to the east and north. The RS15 Zoning to the east is separated by a public street and is not used for single-family residential purposes. This property is the location of Avery Trace Middle School. The property located to the north that is also zone RS15 is not used for single-family residential purposes. This property is the location of the Putnam County Building and Codes Department and Putnam County Garage, where county vehicles are repaired and serviced. Due to the current uses in the adjacent RS15 Zoning District, the Planning Department recognizes no issues with the Zoning location. 2. Shall be located on streets of at least Major Collector status East Spring Street is classified as a Major Arterial Street, and the location meets this criterion. Board of Zoning Appeals September 9th, 2021 Minutes 3. Shall conform with the requirements of Section 206.15 of this Zoning Code Additionally, all parking areas, including those for auto sales, must be surfaced as specified in Section 205.7C of the Zoning Code. The property has surfaces areas; however, this is not a typical car lot. The property has a paved driveway from East Spring Street that provides access to the structure that is located approximately 500 feet from the street. Mr. Jones has stated that vehicle sales will be mostly an internet-based business that will be secondary to the automotive repair business that is currently conducted on the site. Staff Recommendation: Approval of the request subject to compliance with applicable provisions of the Zoning Code. 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 REDUCE THE SIDE YARD SETBACK FROM 30 FEET TO 20 FEET FOR A TOTAL VARIANCE OF 10 FEET ON THE PROPERTY LOCATED AT 2095 FOUNTAIN CIRCLE (TAX MAP 040D GROUP C PARCEL 001.00). REQUEST SUBMITTED BY JASON RAY ON BEHALF OF ANTHONY & NELL DEASON TRUST. Jon Ward stated that property owner Mr. Jason Ray submitted a variance request to reduce the side yard setback requirement for a vacant industrial lot located at 2095 Fountain Circle. Analysis: The subject property is further identified as Tax Map 040D, Group C, Parcel 001.00 and is zoned HM, Heavy Manufacturing. The property is bordered by HM Zoning to the west, south and east and it bordered by the City Limits boundary to the north. The subject property is depicted as Lot 1 of the Tony Deason Division plat that was recorded in February 2007. The lot is a corner lot that is bordered by Shag Rag Road to the north and Fountain Circle to the east. When the plat was recorded, the property was zoned CI, Commercial Industrial Mixed Use. The plat depicted a ten (10) foot side setback requirement from the southern lot boundary. In June 2018, the Planning Commission approved a rezoning of this property from CI, Commercial Industrial Mixed Use to HM Heavy Manufacturing. The purpose of the rezoning was to allow the location of an auto body repair shop with an auto wrecker serviced and storage yard on the property at 2075 Fountain Circle, located south of the subject property. Auto wrecker service and storage yards are only permitted by right in the HM Zoning District. The lot under consideration for variance was included in the rezoning request at that time. In October 2019, the Planning Commission approved rezoning of two additional lots located on the east side of Fountain Circle from CI to HM. The request was made to construct self-storage facilities “so the construction of new buildings could be metal building with brick or block on the font side only, to match the surround buildings.” This rezoning request was to exempt construction of the self-storage facilities from the Architectural Design Requirements that do not allow metal buildings. Both rezoning actions were approved by the City Council and are in effect. The HM Zoning District requires a thirty (30) foot side yard setback. This requirement is to minimize impacts from the more intense uses in the HM District. Self-storage uses, which are allowed in both the HM and CI Zoning Districts have a minimal impact on adjacent properties. The variance request is to reduce the side-yard setback requirement from thirty (30) feet to twenty (20) feet for a variance of ten (10) feet to allow for the construction of two (2) self-storage buildings. The northern most building depicts dimensions of 75’ x 80’, and the southern building with dimensions of 75’ x 70’. This variance represents a 33 percent reduction in the side setback requirement. The original plat established a ten (10) foot side yard setback in the CI Zoning District; however, the property has been rezoned to HM since the plat was recorded. Self-storage buildings would be permitted at a ten (10) foot setback in the CI Zoning District, but the buildings would not be allowed to be constructed from metal. An analysis of the request provides no apparent hardship for justification. Board of Zoning Appeals September 9th, 2021 Minutes Staff Recommendation: Denial of the variance request. Mr. Jason Ray handed out letters of support from the Donovan’s who own the adjoining property. Mr. Ray stated that he found three (3) variance requests from previous agendas for setback requests that the Board of Zoning Appeals approved in the past where the variance ask was more than 33%. Mr. Ray stated that the Planning Department Staff won’t approve his request because the variance is over 33% but the Board of Zoning Appeals has approved similar requests to his. He stated that there will be 20 feet of grass or 30 feet of grass beside his building and doesn’t see how the request is detrimental to any of the surrounding property owners. James Dial stated that he understands where Mr. Ray is coming from with pointing out the percentage of variance request changes, but the Planning Department and the Board of Zoning Appeals takes more than just percentage into consideration. Jon Ward stated that the Planning Department doesn’t approve the requests, the Board of Zoning Appeals does. He stated that the previous requests have been for already existing nonconforming structures. The request for a variance on a vacant lot makes it difficult to show the hardship of the request. Mr. Ray stated that the Planning Department recommended denying the request because of the percentage of setback change and doesn’t understand why his request is recommended to be denied. He stated that the setback would allow him to add 750 square feet to his building which would add tax dollars to the city and lower his engineering costs due to the fact that the buildings can be built to the existing plans from the previous building. James Dial asked what would change if the property were rezoned back to Commercial-Industrial Mixed Use (CI). Jon Ward stated that the surrounding property was rezoned from Heavy Manufacturing (HM) to CI and couldn’t be rezoned without it being considered spot zoning. With the current property being a vacant lot, Mr. Ward stated that there is no real hardship shown. Michael Detwiler reiterated what Mr. Ray stated, that there will either be 20 feet or 30 feet of grass next to a towing yard and doesn’t see an issue with the request. Mr. Detwiler asked how much traffic the storage units next to the proposed request produce. Mr. Ray stated that there is upwards of five (5) vehicles a day and they are in and out fairly quickly. Michael Detwiler made the motion to approve the request for a variance to reduce the side yard setback from 30 feet to 20 feet for a total variance of 10 feet. Connie McCormick seconded the motion and the motion carried unanimously. APPROVED. Adjournment: 5:43 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. ************************************************************************************* 508 East Broad Street Location of Property: ___________________________________________________________________ 053F, Group C, Parcel 011.00 Tax Map Identification Number: __________________________ RS-10 Zone: _____________________ Property Owner Person Making Request Austin Properties, GP Name: ____________________________ Joshua Stites Name: _______________________________ 1291 Flatt Circle Address: __________________________ 1843 Foreman Drive Address: ______________________________ Cookeville, TN 38501 _________________________________ Cookeville, TN 38501 ____________________________________ (City, State, Zip) (City, State, Zip) Email: ___________________________ josh@jsconstruction.com Email: ______________________________ Phone: ___________________________ Phone: ______________________________ ************************************************************************************* Type of Request: SPECIAL EXCEPTION VARIANCE ✔ ADMINISTRATIVE REVIEW Describe the request below (attach any accompanying information): Owner requests a variance to allow for the building located at the address indicated above to be declared a condominium. The building has been in non-conforming use for years. The building was converted from a single-family residential home to five (5) separate apartments many years ago. Five (5) parking spaces and four (4) storage units are also on the property. Owner wants to sett tne units as condominiums, which shall give ownership to the purchasers, subject to HOA governance and restrictions, which shall result in greater property maintenance and value. ************************************************************************************* 9/20/2021 Date Filed: ___________________ Yes Fee Paid: ______________ $200 Amount: __________________ October 14, 2021 Meeting date set for: ___________________________________________________________________ Jon Ward, Planning Director Request reviewed by: ___________________________________________________________________ FREEZE ST Nonconforming Use 437 457 508 East Broad Street 465 455 445 453 507 517 WOMACK AVE N MAPLE AVE 508 508 448 454 508 508 522 534 464 Site E BROAD ST Law Office, Birdwell 453 457 N&L Business City Square Green Acres Systems Professional Laundry & Building Dry Cleaning 501 441 Charter 465 The 515 537 S MAPLE AVE Communications Realty Firm Infinite Country Finanical 512 Salon Matilda / The Richardson Upper Cumberland 452 Jane 472 Dunn Agency Decorating Center 464 Clothing 490 490 75 37.5 0 75 Airflow 490 Feet528 Aerial View FREEZE ST 508 East Broad Street WOMACK AVE N MAPLE AVE Site E BROAD ST S MAPLE AVE 75 37.5 0 75 County of Putnam, TN, Tennessee STS GIS, Esri, HERE, Garmin, INCREMENT P, USGS, EPA, USDA Feet 150 75 0 150 Existing Feet DAVIS AVE Zoning FREEZE ST FREEZE ST CL N MAPLE AVE RS10 DENTON AVE WOMACK AVE BOYD ST STALEY AVE Site E BROAD ST AD ST E BRO CBD E SPRING ST S MAPLE AVE CL LOCUST AVE HILL AVE CN RS5 County of Putnam, TN, Tennessee STS GIS, Esri, HERE, Garmin, INCREMENT P, USGS, EPA, USDA FREEM AN ST

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