Board of Zoning Appeals

Board of Zoning Appeals February 10th, 2022 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 October 14th, 2021. (3) Consider a request for a variance to reduce the front yard setback requirement from 50 feet to 10 feet for a total variance of 40 feet for an addition to an existing nonconforming structure for property located at 1621 North Washing ton Avenue (Tax Map 040F, Group G, Parcel 004.00). Request submitted by Jim Hawkins on behalf of Washington Avenue Baptist Church.  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  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. ************************************************************************************* 1621 North Washington Avenue Location of Property: ___________________________________________________________________ 040F, Group G, Parcel 004.00 Tax Map Identification Number: __________________________ CL Zone: _____________________ Property Owner Person Making Request Washington Avenue Baptist Church Name: ____________________________ Jim Hawkins Name: _______________________________ 1621 North Washington Avenue Address: __________________________ 292 Bates Drive Address: ______________________________ Cookeville, TN 38501 _________________________________ Cookeville, TN 38508 ____________________________________ (City, State, Zip) (City, State, Zip) Email: ___________________________ gandhproperties1944@gmail.com Email: ______________________________ (931)526-1917 Phone: ___________________________ (931)260-8323 Phone: ______________________________ ************************************************************************************* Type of Request: SPECIAL EXCEPTION VARIANCE ✔ ADMINISTRATIVE REVIEW Describe the request below (attach any accompanying information): Request a variance for additions ************************************************************************************* January 10, 2022 Date Filed: ___________________ Yes Fee Paid: ______________ $200 Amount: __________________ February 10th, 2021 Meeting date set for: ___________________________________________________________________ Jon Ward Request reviewed by: ___________________________________________________________________  WHI E JERE Variance Request T S ON MISSOURI AVE RD 1621 N Washington Ave ELROD AVE WO M AC E 18TH ST K AVE All-Good Auto Detail Site N MAP Cookeville LE AVE Fire Washington Avenue Department Baptist Church Washington Avenue MH Baptist Church MH E 17TH ST MH BRA Washington Avenue MH MH DLE Baptist Church MH MH YM MH N WA SHING MH MH MH MH HP R MH D MH BR MH T ON A AD MHP RD VE L MH EY BRADLEY MH MH E 16TH ST DR MH LEY SelfStor P BRAD Solutions RD TN 136 N MAP EY D R BRADL Body of LE AVE Christ 150 75 0 150 Ministry Cookeville Regional Flatt's Auto & Feet Medical Center Truck Service  E 18TH ST TN 136 Aerial View ELROD AVE ACK A 1621 N Washington Ave VE WOM AVE E 17TH ST INGTON Site N WASH RD BRADLEY MHP RD BRADLEY MHP E 16TH ST R A DLEY D 100 50 0 100 R B INCREMENT P, USGS, EPA, USDA County of Putnam, TN, Tennessee STS GIS, Esri, HERE, Garmin, Feet  RM14 CONC 200 100 0 200 Existing ORD Feet CIR E JER MISSOURI AVE E WH ITSON RD Zoning ELROD AVE E CK AV RS10 E 18TH ST WOMA E AVE RS10 GTON AVE N MAPL E 17TH ST N WASHIN Site RMHP P RD CL MH BRADLEY BRADLEY E 16TH ST MHP RD Y DR BRADLE CI TH ST E 15 County of Putnam, TN, Tennessee STS GIS, Esri, HERE, Garmin, INCREMENT P, USGS, EPA, USDA