Board of Zoning Appeals

Board of Zoning Appeals January 12th, 2023 5:15 P.M. (1) Consider for approval the agenda as submitted. (2) Consider for approval the minutes of November 10th, 2022. (3) Consider a request for a variance to reduce the rear yard setback from 20 feet to 13 and ½ feet for a total variance of six (6) and ½ feet for property located at 530 Cottage Way (Tax Map 052O, Group E, Parcel 038.00). Request submitted by Mr. Allen Elhert. (4) Consider a request for a variance to the maximum wall height requirement of eight (8) feet and the maximum wall height requirement for corner lots of six (6) feet for walls more than 25% opaque to allow a privacy wall to be constructed up to eight (8) feet in height on an existing retaining wall that measures up to six (6) feet in height for a total maximum variance of up to six (6) feet for property located at 531 North Dixie Avenue (Tax Map 053C, Group A, Parcel 001.01). Request submitted by Dr. Brent Staton. November 10th, 2022 Minutes  Board of Zoning Appeals Minutes November 10th, 2022 The Board of Zoning Appeals met on Thursday, November 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 & Connie McCormick. Members Absent: Elwood Ervin, & Nancy Bohannon Staff Present: Jon Ward & Christopher Phillips. Staff Absent: Ken Young, Haley Dickson, & James Mills. Others Present: Kent Campbell, Jeremy Stoner, & Paul Haberkamp. 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 8th, 2022. Connie McCormick made the motion to approve the minutes of September 8th, 2022, as submitted. Michael Detwiler seconded the motion and the motion carried unanimously. Approved. Consider a request for a variance to reduce the parking requirement from two (2) parking spaces per dwelling unit for every dwelling unit exceeding 50 dwelling units to 1.25 parking spaces per bedroom for all dwelling units for property located at Boatman Street and Darwin Street. Request submitted by Kent T. Campbell on behalf of the Cookeville Housing Authority. Mr. Christopher Phillips stated that Mr. Kent T. Campbell, on behalf of the Cookeville Housing Authority, has submitted for approval a variance request to reduce the parking requirement from two (2) spaces per dwelling unit for every dwelling unit exceeding 50-dwelling units to 1.25 parking spaces per bedroom for all dwelling units, including units exceeding 50-dwelling units for property located at Boatman Street and Darwin Street. The request was submitted to allow for redevelopment of the existing 58-unit public housing development. Analysis: The subject property is identified as Parcel 001.00 on Tax Map 053O, Group A and contains approximately 11.75 acres. The property is zoned RM-8, “Multi-Family Residential” as are the adjacent properties to the north and west. The property is bordered by RS-10, “Single-Family Residential” to the east and west and by MS, “Medical Services” and RD, “Single-Family and Duplex Residential” to the south. The RM-8 District requires a minimum lot area per dwelling unit of 5,000 square feet. The property currently includes a 58-unit public housing development, per the Herald- Citizen article published June 16, 2022. A redevelopment of the current property has been proposed to retain the current building footprints and construct second stories onto buildings located outside of the floodplain area, bringing the total number of units to 102. The applicant has stated that the plan reaches the maximum density of 102 units on the subject property and will bring the total number of bedrooms to 156. The current redevelopment plan consists of 56 one-bedroom units, 38 two-bedroom units, and eight (8) three- bedroom units. The redevelopment concept plans to utilize the current on-street parking. While the Planning Division does have concerns with the on-street parking, it is the opinion of the Planning Division and the Chief Building Official that on-street parking would be grandfathered in as long as the redevelopment utilizes the current building footprints, as the concept proposes. Section 205.8B of the Cookeville Zoning Code establishes residential parking requirements. 205.8B 3 states, “Single family attached (townhouses), condominiums, efficiency apartments and multi-family dwellings: 1.25 spaces per bedroom per dwelling unit for the first 50 dwelling units and 2 spaces per dwelling unit for every dwelling unit exceeding 50 dwelling units. In developments providing dwelling units with varying number of bedrooms, the units with the highest number of bedrooms shall be calculated in the first 50 dwelling units.” Board of Zoning Appeals November 10th, 2022 Minutes At the current parking requirement calculation, a total of 234 parking spaces would be required. The 38 two-bedroom units (76 bedrooms), the eight (8) three-bedroom units (24 bedrooms), and four (4) one-bedroom units (4 bedrooms) would be the first 50 units calculated at 1.25 parking spaces per bedroom for a total of 130 spaces. The remaining 52 one-bedroom units would require a total of 104 parking spaces at two (2) parking spaces per bedroom. Requiring two (2) parking spaces per bedroom for all remaining one-bedroom dwelling units could be interpreted as excessive for the development, which consists of mostly one-bedroom dwelling units. The subject property is burdened by natural factors including a FEMA identified Special Flood Hazard Area and the Ensor Sinkhole Retention Area along the northern and eastern areas of the subject property. The requested variance would provide 195 total parking spaces for the redevelopment, 156 bedrooms times 1.25 parking spaces per bedroom. A total of 42 parking spaces would be decreased from the current parking requirement for a total variance of 17 percent. In the opinion of the Planning Department, requiring two parking spaces for dwellings containing only one bedroom could be interpreted as excessive for the redevelopment consisting of mostly one-bedroom units. Staff Recommendation: Approval of the variance request to calculate all dwelling units at 1.25 parking spaces per bedroom, based on the current concept to redevelop the property utilizing the current building footprints. Mr. Jon Ward stated that the Planning Division’s concern with the on-street parking is based on an incident that occurred at the intersection of Boatman Street and Darwin Street when a child was seriously injured after being struck by a vehicle. Mr. Kent Campbell noted that the redevelopment is currently in the early stages and that traffic calming measures such as raised pedestrian crossings and potentially one-waying the street are being considered in the design of the redevelopment. Connie McCormick asked if handicap accessible parking spaces are to be included in the on-street parking calculations. Mr. Jon Ward started that handicap accessible parking requirements are found in the Building Code and that the Building Code would determine the number of handicap accessible parking spaces and they would be required within the parking space count. Mr. Campbell noted that the current handicap accessible parking spaces are on-street parking spaces, and the redevelopment may look at providing off-street handicap accessible parking spaces. Michael Detwiler made the motion to approve the request as recommended by staff. Connie McCormick seconded the motion and the motion carried unanimously. APPROVED. Michael Detwiler made the motion to adjourn. Connie McCormick seconded the motion, and the meeting was adjourned. Adjournment: 5:37 P.M. Submitted for Approval Submitted for Recording _____________________________ ______________________________ Haley Dickson James Dial, Chairman Planning Assistant Board of Zoning Appeals  Item 3 Consider a request for a variance to reduce the rear yard setback from 20 feet to 13 and ½ feet for a total variance of six (6) and ½ feet for property located at 530 Cottage Way (Tax Map 052O, Group E, Parcel 038.00). Request submitted by Mr. Allen Elhert.  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. ************************************************************************************* 530 Cottage Way Location of Property: ___________________________________________________________________ 052-O, E, 038.00 Tax Map Identification Number: __________________________ Zone: _____________________ Property Owner Person Making Request Allen & Becky Elhert Name: ____________________________ Same as Owner Name: _______________________________ 530 Cottage Way Address: __________________________ Address: ______________________________ Cookeville, TN 38501 _________________________________ ____________________________________ (City, State, Zip) (City, State, Zip) elhert.al374@gmail.com Email: ___________________________ Email: ______________________________ 614-486-4329 Phone: ___________________________ Phone: ______________________________ ************************************************************************************* Type of Request: SPECIAL EXCEPTION VARIANCE ✔ ADMINISTRATIVE REVIEW Describe the request below (attach any accompanying information): To allow a screened in porch ************************************************************************************* 12-01-2022 Date Filed: ___________________ Yes Fee Paid: ______________ Amount: __________________ January 12th, 2023 Meeting date set for: ___________________________________________________________________ Jon Ward Request reviewed by: ___________________________________________________________________ Planning Department City of Cookeville December I,2022 45 E Broad Street Cookeville, TN 38501 Allen and Becky Ehlert 530 Cottage Way Cookeville, TN 35806 Subject: Application for BZA Request Dear Commissioners, We moved into a new, lovely, single-family home in the Cottages Development on the East side of Cookeville. My application and request is for a screened in porch, attached to the back of our home, which impedes into the 20 foot easement per the City Maps. I have attached a drawing of a similar screened in porch (with notes applicable to this home) we built living in Fairfield Glade. This porch would be in same, except the dimension would be L0 feet deep and 12 feet wide, with a sloped roof the same pitch as our current home. I would appreciate consideration of this screened in porch as our back yard abuts to property on the parallelroad behind uswith a nice rowof treesto separatethe property. No homes, excepttheones next to our property, would see this porch in the new cottages neighborhood. Attached are two checks made to the City of Cookeville; one for the 5200 variance Fee and a S50 check for the Application fee. Also attached is a map our realtor gave us of this development. Again, lappreciateyourconsideration forthis requestas itwould be an excellentaddition to a beautiful home on Cottage Way, Thanks in advance, Allen Ehlert  APPLTCATION 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 inforrration must accompany this application. A fee of $50.00 for each Special Exception and Administrative Review request, and a fee of $200.00 for each Variance request shall also be submitted with this application. *!ft*******{.r&*****rl.!trl.rFrkrl.rl.*rFrFrFrl.**!t**r}rl.!F*!F*****t **************'1.'**************t*******tF**ti* 5W C^an-p'e,€ulrs ( coWU A! 3?saa Location of Property: z Tax Map Identification Number: b€t- /+llAclagD Zone: ' Z9 Property Owner Person Making Request Name: Euu+Zt. Name: Address: 53O Co rn4c€ Address bAdqe fuoveil,J.?,'Ti-L 38fl6 (City, State, zip) (City, State, Zip) Email: eL\er{" a lzl4 e qmai l,rovrn Email Phone: bl +'4gLAELs Phone htwlE Type of Request: VAnIANCEF' ADMINISTRATIVE REVIEW SPECIAL EXCEPTION F Describe the request below (attach any accompanying information): hpt |rrnriaD Le-tea |fuo*,ilrl9 fru YNY 9*aveA*rJvs & dn{_- t/t/za * {.!tt* !r'.********* {.{.*:1. !t*d.,Fi.****!***'1. * *rr**{c** ***** *tt !t**{.**tt* **{.**t'* *!fr {r**** *i.***{. * {. ***{. 't** Date Filed: Fee Paid: Amount: Meeting date set for: Request reviewed bY: 1211122,2:44 PM IMG_5353.jp9 W: I I - -| * i----- "-ot Pto r.C.-r;&Fd,. ta 2t @tw.A28) h I u @ O.28AG l I tlit, hffil lll',nr,/.4' I I I ettu e fuw* rl &b.dd/.4], l ^/ 8l l I I ,omatb.&M -.-__ ^zb^,ei I's;:tA rz*el I ,l @ & br, l I iw I F ,s /$ fi tf v LINE / Ct o tWI*. $ tt&e (@ ,a4/64.8) I I I I I ) wtt lE"&'n*) dg (d 9@P3.i l & ?'9 s la tB qanrli a ---- re.*Ebd* d#ta6,fuF*t $ ltucffiidw4 ltffidbdEd^ W.'t@EtW ryh WM' i{ ld* tw w l. : ., I I @4bm4) "i '", *otc ,*/ i I -;tw t , ,'(, *r, t f lwWm -q€ -'d! d-{,he I ,k ----r*- -a.@ Ed @a H I I ti I ,,4 r.r 6tM bao )l it I I l ll I I 6a ld rr,s 9C8 L,d D I w.q I t&)illdtejl @ iv^eg) L4 t2 I %v8 @ 168tum t )@ FttlAL Plr ilt-p eabata) I &i 1wtAba I (4A22tw) tp I FOR %LffiA&# etg + t@1l,Poqo 2o9 TrwE c@1n @ e*w'tfrMffila o8 lz64t '@D&"WW CEK4JII.LE MJ}IIcIPAL P@llrd{tdw PO Esr u0A C&s&| ,$W a8,t-?&"4,,4wa c'lg- A$mE"4i,6.ttq 9'E69,t-4{o lil'.9e.6 Cacrlrv$b.al lOlSCl qwwQtin https://mail.google.com/mail/u/0/#inbor/FMfcgzGrbRPknxDxDNlrsMpCXxTRZRxG?projector=1&messagePartld=0.1 1t1  " Qsor? 9l f?,ssm swv s I dill- glnV' nds$W \trt$ *us;x€  'I I I I t.. I .i I i .,1 I i I 1.,"' ivr *rf"{*tr?'; l*1r, t Hrs, Allen Ehlert 314 Lake Catherine Clrcle G * J Horne Renavatione Page 4 af 4 ' Rlght elevatlon I I I I I'lr" 4 I'lrs, Allen Ehlert 3'14 Lake Catherlne Clrcle G e J Horne Renovaltrons Page 3 of 4 - Left elevatlan  I .. i.,... _-.- *_-*-; , i -.-L.....-*. : I I aJ00* l}*rt= I lYr" 4 Hrs. Allen Ehlert 314 Lake Catherine Circle G 4 J Flome Renov€tisne Page 2 of 4  Roof pttch te rnatch €xf*ting Exter rcir tp nnatch sxistlng G€lors 16'-st' _q:S' x f,'*rl' ji-fl }. d*l-f' 5 Sereens -c, : EJ Openlng* !i i Y t)t T.-i l6xlO Ssre€n poreh \\l r:i in I sv€r €xletfng deek a tr: I sqL{sr€ *srn€r sf deek i.T il d I I 1* ,l . lYr, 4 F{rs, Allen Ehlert 314 Lake Catherlne GTrcle GtJHorneRenavatlons Pege I of 4 J Planning Department-Jonathan Ward December t2,2022 City of Cookeville 45 E Broad Street Cookeville, TN 38501 Allen and Becky Ehlert 530 Cottage Way Cookeville, TN 35806 Subject: Application for BZA Request-Follow up on Variance Request Dear Mr Ward, Per our phone conversation Friday afternoon December 9, I am submitting additional information to corroborate and substantiate my request for a Variance at 530 Cottage Way. Per your comment, my application fee check of $50.00 is not needed and will be returned, but the Variance check of $ZOO witt be accepted. I have attached two additional drawings: a Lot layout with the position of our house (and its dimensions) in relation to the 20' rear setback requirements. a Detail "A" showing the requested dimensions of our screened (L6' by 10') Porch, with a shingled roof, in relation to the rear of the house and the setback My calculations show my porch will intrude 6'6" into the 20' setback. (Or L3'6" to the property line) Hardships to justify our variance are: r The back yard set back of 20' does not allow for an amicable back yard space and a screened in porch will add to closeness of this space. r This new porch will not impede on any water flow in the back yard as currently the water from our downspouts leaches in the side yards not flowing from South to North (topography slope) in the backyard. r A quiet and relaxing way to enjoy the outdoors without mosquitos and very small bugs commonly called "no see ems" , as my wife is allergic and has a reaction to their bites. Again, we appreciate your consideration of our request for this variance, adding a screened porch. Thanks in a Allen Ehlert Ehlert.al374@gmail.com 6L4-296-4827  Q-o+9 u/F,4a-4 rl t Lo {1rP*rL o5 -F s cP- .A Howr -" \D 6?0 OTW$.I/AY a g+'g 1,:"'1 /_ evffi dr p3 ro) EL9T {]€*rt 'A" z/L' N-> 50 ,/1H 'tb nerrt 1 wESr \o3'4 " Ar-uEnl I bervt Eu'ser U 530 corT/W WA'{ ,CALC ( 'ltb )  -AvcLNiraxts Ato" Qep,4 op Ho,sET {reop lrnre (i/' Poop Lsr T,: ?e,a Lrse ) 20 t6r>NcY- )c Pou, tlerr't h 1r pf|\ 11.- Lz'6" - lo'ot' €Zr ?oecvTo?eop I I 2d o" 2:.ftlxY I Qe-pz oF Ho/sr I 13'(o" I s6d' _J hcf,&*aO tr('6VEeukr.,G , t Potzc1 l0 ?:ooeur$g L6t v z0 u 2t (t U. ?*gv 27,L,, &*"') OF I' bcALE (. ,l B I I z? Mailed Letters  TENNESSEE DEPARTMEMT OF COMMUNTTY DEVELOPMENT PLANNING DIVISIoN 45 E- BROAD STREET I COOKEVILLE. TN 3B5OI 93 1 -520-527 I r www.cooKEvtLLE-TN.cov December 30th,2022 Dear Mr. Elhert: The Planning Department has received a request for a variance to reduce the rear yard setback from 20 feet to 13 and Yzfeet for a total variance ofsix (6) and Yzfeetfor property located at 530 Cottage Way (Tax Map 0520, Group E, Parcel038.00). The Cookeville Board of Zoning Appeals will hold a Public Hearing on Thursday, January 12th, 2023 at 5:15 p.m. in the Council Chambers located in the Cookeville Municipal Building, 45 East Broad Street. Attached is a copy of the application and back-up information that was submitted. The Planning Department will be posting a sign on the property. If you cannot attend the meeting on January 12th, please have a representative present that can speak tln your behalf. Ifyouhave any questions, please contact our office at(931)520-5271. Sincerely, Haley Planning Assistant  TENNESSEE DEPARTMENT oF CoMMUNTTY DEVELOPMENT PL.A,NNING DIVISIoN 45 E. BROAD STREET COOKEVILLE. TN 3B5O 1 ' 93 1 -520527 1 . www.cooKEvt LLE-TN.GoV December 30rh,2022 Dear Property Owner: The Cookeville Board of Zoning Appeals will hold a Public Hearing on Thursday, January l,2th, 2023 at 5:15 p.m. in the Council Chambers of the Cookeville Municipal Building, 45 East Broad Street. The Board of Zoning Appeals will be considering a request for a variance to reduce the rear yard setback from 20 feetto 13 and Yzfeetfor atotal variance ofsix (6) and lzfeet for property located at 530 Cottage Way (Tax Map 0520, Group E, Parcel 038.00). See attached application and location map. The property you own is located adjacent to or in the vicinity of the request. You are cordially invited to attend this meeting and express your opinion on this matter. Sincerely, Haley Dickson Planning Assistant Cc: Allen Elhert  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. {.t*t<{<:|<*:1.*****{.*:F*{.+*:t*'1.**t{<{<*{<****'1.***{.*<******tl.*****{<**{.+*{.+{.*<****{<**t*rl.++t*X.***,1.**{<* Location of Property . 530 Cottage Way Tax Map Identification Number: 052-0, E, 038.00 Zone: Property Owner Person Making Request Name: Allen & Becky Elhert Name Same as Owner Address: 530 Cottage Way Address Cookeville, TN 38501 (City, State, Zip) (City, State, Zip) Emait: elhert.al3T 4 @ gmail.com Email: Phone: 614-496-4329 Phone: *'F{.d<***{.****+t*{<***t******t{.**{<;t{<{<'F+t***********+{(***t<***,F*:tc{<***tr **{.**:t<*f tt*+**{.++{.** Type of Request: SPECIAL EXCEPTION VAzuANCE n ADMINISTRATIVE REVIEW Describe the request below (attach any accompanying information) To allow a screened in porch **tr **i(*{.*:}*+!t****{.{.*****t{.*******+*****{<**{<*>t ttt {.{.**t<*{<**t<++*'1.*********,}**'k********** Date Filed: 12-01-2022 p." p66. Yes Amount: Meeting date set 6o.. January 121h,2023 Request reviewed by: Jon Ward  Variance 530 Cottage Way G' ,t t' F in f-r It U 75 37,5 0 75 Legend Feet tRo RD E 530 Cottage Way  Item 4 Consider a request for a variance to the maximum wall height requirement of eight (8) feet and the maximum wall height requirement for corner lots of six (6) feet for walls more than 25% opaque to allow a privacy wall to be constructed up to eight (8) feet in height on an existing retaining wall that measures up to six (6) feet in height for a total maximum variance of up to six (6) feet for property located at 531 North Dixie Avenue (Tax Map 053C, Group A, Parcel 001.01). Request submitted by Dr. Brent Staton.  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. ************************************************************************************* 531 North Dixie Avenue Location of Property: ___________________________________________________________________ 053-C, A, 001.01 Tax Map Identification Number: __________________________ RS-15 Zone: _____________________ Property Owner Person Making Request Dr. Brent Staton Name: ____________________________ Same as Owner Name: _______________________________ 1135 South Walnut Avenue Address: __________________________ Address: ______________________________ Cookeville, TN 38501 _________________________________ ____________________________________ (City, State, Zip) (City, State, Zip) statonmd@gmail.com Email: ___________________________ Email: ______________________________ 423-619-6282 Phone: ___________________________ Phone: ______________________________ ************************************************************************************* Type of Request: SPECIAL EXCEPTION VARIANCE ✔ ADMINISTRATIVE REVIEW Describe the request below (attach any accompanying information): To allow an 8 foot black fence measured from pool level for safety and security around backyard ************************************************************************************* 12-16-2022 Date Filed: ___________________ Yes Fee Paid: ______________ Amount: __________________ January 12th, 2023 Meeting date set for: ___________________________________________________________________ Jon Ward Request reviewed by: ___________________________________________________________________  APPLICATION FOR BZA REQUEST The Board of Zoning Appeals meets the 2'd 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. ,t * * ;t * * *:* * * * * * * * * * * * *,1. * * ,t * * * * * * + * * * * * * *:ft * * {< :ft * * t * t :t {. ,* {. * * * * * 't<:ft * * 't {< * >F * '} 'h * * * * * :k * X. * * * * * * '1. '1. '1. Location of Property 531 nl \ ,".2,"4 I 0ta Tax Map Identification Number: 5iC roJ OO I,E!/,one: Property Owner Person Making Request Name: B.-e^ {*-f".' Name B ""^{ SL{--^ Address: tt35 5, {^rJ^,+ Address: I I '3 5- 5 , L.-2 *[- + C'-.,\"r..'l\" *i--r./ 3B5ot -,'lL t) ^l (City, State, Zip) (City, State, Zip) Email l.o m Email ", Phone: Llzj"- G t9. uZgL Phone: r-12\", c 9-r-:eL t * * {. * * 'f '1. * * * * {. {< * * * * * 'f ,k t X * * * {< {< * * *,k 'k * * * * * * * * * * *:ft * t( * * * * *:F * * t< ,k :ft :F * * * t * * X {. * t * * * * {< r* '|< * * * * * * * '* 'ft 'k Type of Request: SPECIAL EXCEPTION VARIANCE ADMINISTRATIVE REVIEW XI Describe the request below (attach any accompanying information): 8 .R".l. \\*-t Q-"- r,-/rs,*A 9*,.. 3*",( L.,.-{ s" ig\, ^,-.,.oi s.cc...'\ are.nd b*.L1o-r{. os &s".; U/ \f\ ^+{-"UA L.u*-",.L^f ;^ ( r..l.v 2? L{trq $.-,^ d;tt " ipL.h^ {" .'Q {. {. * * tF * * * *,1. * * {. * * * * * * * ,t *:* {< {< * * * :1. {. ,1. d< * * *:1. * * rft :* * * * * rk * t( * * * * * * {. {< {< * * *:F * * rl. *ct * t< {< ,lc ,t * ,F * * * * t * * {< * rk rf * * Date Filed: Fee Paid: Amount: Meeting date set for: Request reviewed by:  I Err 40I COMMERCE STREET SurrE l0l0 PLLC IN Douglas BerrY Direct Dial 61 5-1 44-8620 NASHVILLE, TN 37219:2449 Direct Fax 6l S -7 44 -863 5 (6rs)2M-9270 doug.berry@millermartin. com FAx 6l 5-744-E635 November 29,2022 VIA U.S. MAIL AND EMAIL TO danrader@moorerader.com Daniel H. Rader III, Esq. Moore, Rader, Fitzpatrick and York, P.C. 46 North Jefferson Avenue Cookeville, TN 38501 Re: City of Cookeville / Dr. Brent Staton / East 6h Street Property Dear Dan: Thank you for your letter of October 3L,2022, concerning the East 6th Street property in Cookeville (the "Property") owned by Dr. Staton. We appreciate your taking the time to spell out the City's concems about the privacy wall at that location. We have carefully reviewed your letter and the materials supplied with it. Dr. Staton would like to seek a variance or variances from the Zoning Code with respect to the height of the privacy wall that has been partially r;onstructed along the north, east, and southeast portions of the Property. See Ex. A (diagram of Property indicating existing heights along wall) (reproduced on next page). We understand that the City's position is that the privacy wall is not in complianc€ with the Zoning Code because as now partially erected it ranges from 7' to 13' feet in height, when the Zoning Code requires walls not to exceed 8' in height . See Zoning Code, g 204.9 D. Further, because the Property may be considered a corner lot, walls may be limited to 4' in height. See Zoning Code, $ 204.9, Illustration 27. Under the Cookeville Zoning Code, the Board of Zoning Appeals has the power to hear and decide applications for variances "from the terms of this ZoningCode as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this ZoningCode would result in unnecessary hardship." Section 233.9 D,3. The general standards for granting a variance are that the hardship has been caused by "(t)he particular physical surroundings, shape, or topographic conditions of the specific property involved would result in a particular hardship upon the owner as distinguished from a mere inconvenience . . .that the granting of the variance is the minimum variance that will make possible the reasonable use of the land, building, or structur€ . . and will not be detrimental to the public welfare or injurious to other property or improvernents in the area in which the property is located." Section 233"9 D, 3. d. 2603536 I vl Novernber 29,2022 Page2 The grant of a variance is justified in this case. The diagram of the Property showing location of the privacy wall, with heights indicated, is reproduced below, E;iti*.s i#.* 531 l{ DirhAYe Fchc. iLighl r+itl;i:l J'a *:{\i{il.flt fi: ;* Soolslll! 'fc:tn€rsE inoft s-Jb ' stt,' ill* ffi"' *a**!rUr:# tt''..,...*.-4.b r-ihffi-s I tI a r" i*ifr'L' -:1! -n 1 l ,tl tllYli'{klrii a I 1 :$" .l \ :UF I # l \ .*4 f'-flh,#i r*{' s i flat 1 .;!llr .1., i!l 4t+'1 if ili?{r ri: t I ,- .irr'Fr.r'o I trl 'lrFt/ t-l .'a da I - First, it is important to understand that the grade of the Property slopes rather steeply downward from Dixie Avenue going EastA.lortheast down East Sixth Avenue. (Dr. Staton is having the grade analyzed and will provide additional information describing the slope.) That area has historically been subjected to erosion as water runs down the slope to the creek/drainage ditch at the lowest point, November 29,2022 Page 3 along the eastward rear of the Property. For that reason, several years ago, a retaining wall was erected to control erosion and so to allow the back yard of the Property to remain level without continuing to be washed out. ,See Ex. B (Site Plan showing location of retaining wall along rear) (reproduced below). '$$\ "fi\y\ .\ EA9T rrTH 9TREET I' 0 t-* -l rrl q :3O,6ETBA6K \) .T q n I @ T- lE it2 z. ilF I I ?o'5ela\aK E z ll 0 I r I x{ o! U ! o b q > X m -! b u! o u o 'n IT ; m j I I f, il h zE U I rn li o l: 7r 'll a I I L.i L I fl N N o. @'bElaACK 6. ti'9.O., For example, erosion had been so bad that the existing swimming pool,located near the back of the property, was collapsing. Second, because there has been and is a swimming pool in the back yard, it is required to be surrounded by a fence or wall no less than 5' high. See ZoningCode, $ 206.25 B. To prevent the back yard and pool from eroding, the existing retaining wall goes from the ground below up to a level close to the surface of the swimming pool. To comply with Zoning Code, $ 206.25 B by erecting a privacy and safety wall or fence around the pool that is at last 5' in height, it is necessary to install a fence or wall from the top of the retaining wall. If height were measured from the bottom of the retaining wall to the top of the block privacy wall as currently constructed, as is done in Exhibit A, it is unavoidable for the total height to far exceed 4' and even to exceed 8' in height. Dr. Staton contends that it is appropriate for the height of a swimming-pool wall to be measured from pool level, not from the bottom of the retaining wall, which is far below that due to the grade of the Property. Regardless, he wishes to seek a variance that would allow him to install a privacy/safety wall around the swimming November 29,2022 Page 4 pool on along the east and southeast of the Property that surrounds the pool, which wall would be no less than 5' high and, for privacy and security purposes, preferably goes up to 8' in height. A privacy/safety wall surrounding the pool should in this case be more than 5' high because it would stand above the retaining wall, meaning that if someone were to climb the privacy/safety wall from the inside to get out, that person might unexpectedly be faced with more than a 5' foot drop to the ground. For that reason, a privacy/safety wall around the back yard pool of up to 8' in height would better promote safety by deterring any attempts to climb the wall. To illustrate why the privacy/safety wall around the pool should be measured from pool level, and why a variance allowing it would be justified, a photo is provided below that shows the privacy wall (as currently partially installed) from the vantage point of the swimming pool level. The portion of the safety/privacy wall as it curently is constructed, which goes up about 3.5' from pool level, is shown at the top left of the photo. The portion of the safety/privacy wall as it currently is November 29,2022 Page 5 consffucted on the right of the photo, which is roughly 6' high from pool level, is depicted on the top right of the photo. The next photo, below, shows the retaining wall (at the bottom) and the portion of the safety/privacy wall (as it has so far been constructed) along the east side of the Property. This photo illustrates how the existing retaining wall goes up to near the pool level, and the safety/privacy wall extends above it. The next photo below shows the same relationship between the existing retaining wall and the privacy wall as partially constructed, as viewed from the northeast rear of the Property. There, the retaining wall extends much higher due to the steep slope of the ground extending downward from southwest to northeast. .t November 29,2022 Page 6 Third, for consistency, privacy, and security, Dr. Staton also wishes to seek a variance from the existing ZoningCode to allow construction of a privacy wall of commensurate height along the east and northeastern portions of the rear of the Property. Even though the Property sits on a corner lot, permitting an opaque block privacy wall of such height along the southeast, east, and northeast portions of the Property should not cause any visibility hazards for passing motorists because the privacy wall would be placed along the rear of the Property' The southeast side of the Property is not near any street. The back of the Property, to the east, abuts the creek/drainage,ditch, where an alley formerly ran but no longer does. Only the northeast portion of the wall is close to a street (East 6th Street). But that portion of privacy wall is not near any turn for motorists. Rather, any turning by motorists would occur only at the intersection of North Dixie Avenue and East 6th Street, close to 75' away from the existing edge of the privacy wall in the rear' November 29,2022 PageT In sum, Dr. Staton will seek a variance to allow construction of a privacy wall as described in this letter. In support of his application for a zoning variance, Dr. Staton will present not only the information included with the letter, but also any additional information and drawings necessary to explain all details of the wall construction to the Board of Zoning Appeals. The Zoning Code, $ 204.9, requires that walls be constructed in a structurally sound manner. The general contractor who constructed the existing block privacy wall along the southeast, east, and northeast portions of the Property, which is at issue, has explained that the privacy wall has so far been constructed and would be completed in a structurally sound and safe manner. ,See Ex. C (wall construction details). As it currently stands, the block wall at issue has footings 12" x20" composed of concrete with /i'steel rebar. The privacy wall was installed with a view to it being 8' high from flat ground level (along the top of the pre-existing retaining wall) along the southeast, east, and northeast portions of the Property. The privaoy wall is construed with a bottom layer of 12" x8" x 16" cinder block, which lies adjacent to the top of the retaining wall, with higher courses composed of 8" x 8" x 16" cinder block. To the extent already constructed, the privacy wall has been grouted solid with sand and mortar mix for all joints, and all cells have been or will be filled solid using concrete and fiber mesh (i.e., glass fiber reinforced concrete). If completed, the privacy wall would be capped with cinder block or brick. The general contractor states that this construction is structurally sound and safe. In compliance with ZoningCode, g 204.9 B, upon cornpletion, the privacy wall will be faced externally with stucco or brick. If the variance is granted, Dr. Staton will immediately take action to rectify the failure to obtain necessary building permits, certification fuom the Historic ZoningCommission, and, of course, pay all required fees connected with the project. Based upon the plan of action set out in this letter, Dr. Staton requests that the City defer bringing an action against him or the Property. In the meantime, Dr. Staton will continue to abide by the stop-work order conceming the Property. We would be pleased to discuss this matter with you and to provide any further information needed to address any concerns that the City may have. As stated above, additional materials will be provided in support of his variance application, If the City is amenable to this course of action, please let us know, and Dr. Staton will promptly proceed with his variance application. Sincerely, DTB/dac Cc: Robert F. Parsley, Esq Mailed Letters  TENNESSEE DEPARTMENT oF CoMMUNrrY DEVELoPMENT PI.A,NNING DwIsIoN 45 E, BROAD STREET.COOKEVILLE.TN 38501 93 1 -520-527 1 a www.cooKEVrLLE-TN -Gov December 30th,2022 Dear Mr. Staton: The Planning Department has received a request for a variance to the maxirnun wall heiglrt requirement of eight (8) feet and the maximum wall height requirement for comer lots of six (6) feet for walls more than25%;o opaque to allow a privacy wall to be constructed up to eight (S) feet in height on an existing retaining wall that measures up to six (6) feet in height for a total maximum variance of up to six (6) feet for property located at 531 North Dixie Avenue (Tax Map 053C, Group A, Parcel 001.01). The Cookeville Board of Zoning Appeals will hold a Public Hearing on Thursday, January 12th, 2023 at 5:15 p.m. in the Council Chambers located in the Cookeville Municipal Building, 45 East Broad Street. Attached is a copy of the application and back-up information that was submitted. The Planning Department will be posting a sign on the property. If you cannot attend the meeting on January l2th, please have a representative present that can speak on your behalf. If you have any questions, please contact our office at(931)520-5271. Sincerely Planning Assistant  TENNESSEE DEPARTMENT OF COMMUNTTY DEVELOPMENT PLANNING DIVISION 45 E, BROAD STREET T COOKEVILLE. TN 3A5O 1 93 1 -52G52-7 1 . www.cooKEVlLLE-TN.cov December 30th,2022 Dear Property Owner: The Cookeville Board of Zoning Appeals will hold a Public Hearing on Thursday, January 12th, 2023 at 5:15 p.m. in the Council Chzrnbers of the Cookeville Municipal Building, 45 East Broad Street. The Board of Zoning Appeals will be considering a request for a variance to the maximum wall height requirement of eight (8) feet and the maximum wall height requirement for corner lots of six (6) feet for walls more than}SYo opaque to allow a privacy wall to be constructed up to eight (8) feet in height on an existing retaining wall that measures up to six (6) feet in height for a total maximum variance of up to six (6) feet for property located at 531 North Dixie Avenue (Tax Map 053C, Group A, Parcel 001.01). See attached application and location map. The property you own is located adjacent to or in the vicinity of the request. You are cordially invited to attend this meeting and express your opinion on this matter. Sincerely, Haley Dickson Planning Assistant Cc: Dr. Brent Staton  APPLICATION FOR BZA REQUEST The Board of Zoning Appeals meets the 2"d 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 $200.00 for each Variance request shall also be submitted with this application. *****{.**+****:F:}:l.******t*d.***t*+*i(******{.***{<**{<{<+{.{(***********+*{<{<*'k**{<*'f*+*t+****t** Location of Property: 531 North Dixie Avenue Tax Map Identification Number: 053-C, A, 001'01 zone. RS-15 Property Owner Person Making Request Name Dr. Brent Staton Name Same as Owner Address: 1 135 South Walnut Avenue Address Cookeville, TN 38501 (City, State, Zip) (City, State, Zip) Emait: statonmd @ gmail.com Email: phone: 423-619-6282 Phone: ,1.{.********:1.**rF**{<****t *+*d.***{<{<*t****:}**{.{.{.****'F{<**d.*************x***{.***{<****{<,1.{.tt** Type of Request: SPECIAL EXCEPTION VAzuANCE |-Z ADMINISTRATIVE REVIEW Describe the request below (attach any accompanying information) To allow an 8 foot black fence measured from pool level for safety and security around backyard *{.{.t+***t **t ***{<rl.*,k:Ft *{<*********{.***'k*t****t{.rt{.{.*:1.{.i.********{c*******t<***,k**+*r!,$*+*rl.{.* Date Filed: 12-16-2022 p"" pu16. Yes Amount Meeting date set go. January 121h,2023 Request reviewed by: Jon Ward  Variance 531 North Dixie Avenue *L E 6nt sr Ef , u 7a o_ Gr e zrn legend 75 37.5 0 75 ffi Historic Zone Feet EI 531 N Dixie Ave