Board of Zoning Appeals

Board of Zoning Appeals March 10th, 2022 5:15 P.M. (1) Consider for approval the agenda as submitted. (2) Consider for approval the minutes of February 10th, 2022. (3) 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. (4) Consider a request for a variance to reduce the rear yard setback requirement from 20 feet to 9 feet for a total variance of 11 feet for an addition to a structure for property located at 110 McClennan (Tax Map 053A, Group G, Parcel 043.00) in the RS10 Zoning District. Request submitted by Rhonda Wester. February 10th, 2022 Minutes  Board of Zoning Appeals Minutes February 10th, 2022 The Board of Zoning Appeals met on Thursday, February 10th, 2022, 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, Christopher Phillips, & Haley Dickson. Staff Absent: Ken Young & James Mills. Others Present: Jim Hawkins & Lindsay Pride. ELECTION OF CHAIRMAN AND VICE-CHAIRMAN. Mr. Elwood Ervin made the motion to re-elect James Dial as chairman. Connie McCormick seconded the motion and the motion carried unanimously. JAMES DIAL ELECTED CHAIRMAN. Michael Detwiler nominated to re-elect Elwood Ervin as vice-chairman. Connie McCormick seconded the motion and the motion carried unanimously. ELWOOD ERVIN ELECTED VICE- CHAIRMAN. CONSIDER FOR APPROVAL THE AGENDA AS SUBMITTED. Michael Detwiler made the motion to approve the agenda as submitted. Elwood Ervin seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR APPROVAL THE MINUTES OF OCTOBER 14TH, 2021. Connie McCormick made the motion to approve the minutes of October 14th, 2021, as submitted. Michael Detwiler seconded the motion and the motion carried unanimously. APPROVED. 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. Mr. Christopher Phillips stated that Mr. Jim Hawkins submitted a request for a variance to reduce the front yard setback requirement for the Washington Avenue Baptist Church located at 1621 North Washington Avenue in the CL, “Local Commercial” District. Analysis: The subject property is identified as Tax Map 040F, Group G, Parcel 004.00 and is split zoned CL, “Local Commercial” to the west, fronting Washington Avenue, and RS-10 “Single- Family Residential” to the east. The property is bordered by CL, “Local Commercial” to the west, north, and south, and by RS-10, “Single-Family Residential” to the east, north, and south. The property consists of approximately 5.65 acres (246,114 sq. ft.). Washington Avenue Baptist Church is located on the lot and the structure is non-conforming to the front setback requirement. North Washington Avenue was widened from a two-lane road to a five-lane road in 2002. Section 204.5 of the Zoning Code states that, “when a lot of record is acquired for a public purpose, the Building Official may permit a reduction in the required setbacks in such a manner to allow the setbacks to be measured from the property line or right-of-way line existing prior to the acquisition.” In circumstances where right-of--way acquisition has contributed to a setback non- Board of Zoning Appeals February 10th, 2022 Minutes conformity, the City holds properties harmless on the amount of right-of-way acquired. Right-of- way acquisition for the North Washington Avenue widening project decreased the front-yard depth for the church. The front entrance of the church structure is located within the fifty-foot setback. The current covered entrance is approximately thirteen (13) feet from North Washington Avenue. A portion of the church already encroaches forty-three (43) feet into the fifty (50) foot required setback established after the North Washington Avenue widening project. Mr. Hawkins has submitted a site plan depicting proposed additions to the front of the church building. The proposed additions encompass the existing overhangs at the front of the church and will extend to the retaining wall currently located approximately fourteen (14) feet from North Washington north of the church entrance and approximately ten (10) feet from North Washington south of the church entrance. These new additions do not increase the current encroachment into the front yard setback. 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 the variance request to reduce the front yard setback requirement from fifty (50) feet to ten (10) feet for a total variance of forty (40) feet to construct an addition to an existing nonconforming structure as depicted on the submitted site plan. Mr. Chris Phillips stated that the only concern that the Planning Department has is if North Washington Avenue were to be widened in the future, the right-of-way Mr. Jon Ward stated that North Washington Avenue was widened from two lanes to five lanes in the early 2000’s. The proposed area is located where the road begins to taper and leaves very little room for any future widenings. Mr. Elwood Ervin asked what exactly is being proposed. Mr. Jim Hawkins stated that they are wanting to construct a common area for a fellowship area near the sanctuary. They will start with one side and build out the second side later on. Mr. Ward stated that variances must be completed within a certain time frame and must pull a permit within one year. Mr. Hawkins stated that he is hopeful that construction will start in the spring. 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: 5:29 P.M. Submitted for Approval Submitted for Recording _____________________________ ______________________________ Haley Dickson James Dial, Chairman Planning Assistant Board of Zoning Appeals  Action Item 3 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.  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. ************************************************************************************* 570 State Street, Cookeville, TN 38501 Location of Property: ___________________________________________________________________ Map 053 Parcel 002.04 Tax Map Identification Number: __________________________ RS-10 Zone: _____________________ Property Owner Person Making Request Putnam 1st Mercantile Bank Name: ____________________________ Curtis & Kelli Sipe Name: _______________________________ PO Box 2387 Address: __________________________ 310 Ridgedale Drive Address: ______________________________ :HVW-DFNVRQ6WUHHW _________________________________ &RRNHYLOOH71 Cookeville, TN 38501 ____________________________________ (City, State, Zip) (City, State, Zip) Email: ___________________________ curtis.kelli@gmail.com Email: ______________________________ (931)528-6372 Phone: ___________________________ (931)347-4911 Phone: ______________________________ ************************************************************************************* Type of Request: SPECIAL EXCEPTION ✔ VARIANCE ADMINISTRATIVE REVIEW Describe the request below (attach any accompanying information): To reinstate the Special Exception of this property for use as a Home For the Aged (under new ownership of Curtis & Kelly Sipe). House is currently under contract. ************************************************************************************* 2/15/2022 Date Filed: ___________________ Yes Fee Paid: ______________ $50 Amount: __________________ March 10, 2022 Meeting date set for: ___________________________________________________________________ Jon Ward Request reviewed by: ___________________________________________________________________  Action Item 4 Consider a request for a variance to reduce the rear yard setback requirement from 20 feet to 9 feet for a total variance of 11 feet for an addition to a structure for property located at 110 McClennan (Tax Map 053A, Group G, Parcel 043.00) in the RS10 Zoning District. Request submitted by Rhonda Wester.  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. ************************************************************************************* 110 McClellan Court Location of Property: ___________________________________________________________________ 053A G 043.00 Tax Map Identification Number: __________________________ RS-10 Zone: _____________________ Property Owner Person Making Request Rhonda Wester Name: ____________________________ Name: _______________________________ 110 McClellan Court Address: __________________________ Address: ______________________________ Cookeville, TN 38501 _________________________________ ____________________________________ (City, State, Zip) (City, State, Zip) keke99b@yahoo.com Email: ___________________________ Email: ______________________________ (931)349-2781 Phone: ___________________________ Phone: ______________________________ ************************************************************************************* Type of Request: SPECIAL EXCEPTION VARIANCE ✔ ADMINISTRATIVE REVIEW Describe the request below (attach any accompanying information): Request to reduce the rear yard setback from 20' to 9' for a total variance of 11' ************************************************************************************* 2/21/2022 Date Filed: ___________________ Yes Fee Paid: ______________ $200 Amount: __________________ March 10th, 2022 Meeting date set for: ___________________________________________________________________ Jon Ward Request reviewed by: ___________________________________________________________________ Variance Request ST W BR W4 TH 110 McClellan Ct OA DS T HUN TER US AVE 70N GARRETT AVE Site M CC CARVER ST LE LL AN CT AV E T ET AR R G McClellan M 100 50 0 100 Avenue Church AN LL of Christ LE E Feet CC AV  Aerial View 110 McClellan Ct Site N CT MC C L E L L A County of Putnam, TN, Tennessee STS GIS, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA, 50 25 0 50 USDA Feet  NT RS10 RE SS RS5 Existing P CE CY AVE ES CR DR PINE AVE AVE Zoning CK CL RM8 BU W 4TH ST FENTRESS DR WB ROA DS T RM14 CLAY AVE AVE TE R HUN Site RS10 LE CARVER CG MCC ST LLAN CT AV E T RET R W BROAD GA E ST GIBSON A V WS PRIN MCCLELL AN G ST County of Putnam, TN, Tennessee STS GIS, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA, AVE 200 100 0 200 USDA Feet Location Map Legend 110 McClellan Ct Buildings Extension Cookeville, TN 20ft setback 9 ft. +/- 11 ft. +/- 10 0 10 Feet