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Board of Zoning Appeals

Regular Meeting

Cookeville, TN · August 10, 2023

AgendaMinutes

Minutes

Board of Zoning Appeals Minutes August 10th, 2023 The Board of Zoning Appeals met on Thursday, August 10th, 2023, at 5:15 p.m. in the Council Chambers located at 45 E. Broad Street, Cookeville, Tennessee. Members Present: Nancy Bohannon, Michael Detwiler, James Dial & Elwood Ervin. Members Absent: Connie McCormick. Staff Present: Haley Dickson & Christopher Phillips. Staff Absent: Jon Ward, Ken Young & James Mills. Others Present: Lindsay Pride & JD Parks. Consider for Approval the Agenda as Submitted. Elwood Ervin made the motion to approve the agenda as submitted. Michael Detwiler seconded the motion, and the motion was carried unanimously. Approved. Consider for Approval the Minutes of July 13th, 2023. Michael Detwiler made the motion to approve the minutes of July 13th, 2023 as submitted. Nancy Bohannon seconded the motion, and the motion was carried unanimously. Approved. Consider a request for a variance to the grades for parking lots to allow portions of parking areas to exceed 5% for the property located at 777 South Jefferson Avenue (Tax Map 066C, Group B, Parcel 007.00). Request submitted by Jon Featherston of the Dimension Group on behalf of 7-11 Speedway, LLC. Mr. Christopher Phillips stated that Mr. Jon Featherston of the Dimension Group on behalf of 7-11 Speedway LLC., has resubmitted a variance request to the grades for parking lots to allow portions to parking lot areas to exceed five percent (5%) for property located at 777 South Jefferson Avenue. A previous variance was approved at the August 12, 2021, meeting for one year and was reapproved at the August 11, 2022, meeting for one year. An initial variance to the grades for parking lots to allow portions of parking areas to exceed 5% for the property located at 777 South Jefferson Avenue was applied for and granted at the August 12, 2021, Board of Zoning Appeals meeting. Section 233.9D, 3. Variances, (i) details the time limit prescribed for a variance, “The Board of Zoning Appeals shall prescribe a time limit within which the action for which the variance is required shall be begun or completed, or both; however, in no case shall more than one (1) year pass before the action is begun. Failure to begin or complete, or both, such action within the prescribed time limit shall void the variance. The variance was reapproved for one (1) year at the August 11, 2022, meeting. The site is the location for a proposed new Speedway convenience store. This project is a redevelopment where four (4) existing structures will be demolished. Three (3) of these structures are located on Tax Map 066C, Group B, Parcel 007.000 and another located on Tax Map 066C, Group B, Parcel 005.00. The entire site will also incorporate a small portion of the property at 767 South Jefferson Avenue further identified as Tax Map 066C, Group B, parcel 004.00. The developer’s representative has indicated this will consist of approximately 1.7 total acres of property for the proposed Speedway store. The property is zoned CG General Commercial and is bordered by CG General Commercial to the north, south, east, and west and PCD, Planned Commercial Development zoning on the east side of South Jefferson Avenue. A proposed site plan depicts access to South Jefferson Avenue at the signalized intersection that is the entrance to the existing Wal-Mart development. The site plan depicts two (2) points of ingress/egress on a private access driveway to the former Putnam County Fairgrounds property, and other points of Board of Zoning Appeals August 10th, 2023 Minutes access to the north that provide additional access to the Appliance Mart retail shopping center. Putnam County has approved easements to access the driveway to the Putnam County Fairgrounds property. Section 205.7 of the Zoning Code, Design Requirements for Parking Spaces and Lots, Section 205.7D, Grades, provides maximum grades for entrances connecting to a public street and parking lot: 205.7D GRADES 1. Grades within the paved area of a parking lot shall at no place be less than one (1) percent or more than five (5) percent. 2. Grades of driveways or entrances from a public street serving a parking lot shall at no point exceed eight (8) percent. Single- and two-family dwellings are not subject to the requirements of this section. The provided site plan depicts a grade of 3.32 to 3.49 percent at the access to South Jefferson Avenue, which is compliant. Grades of 9.94 percent and 10.01 percent are proposed at the southern access to the Putnam County Fairgrounds driveway. The northern access points were previously proposed at 10.05 percent and 11.08 percent. The revised plans show these access points at 11.52 percent and 11.08 percent. The revised plans show a slotted drainpipe as requested by Public Works added to the access point. The site does not currently contain any stormwater management means and the submitted plans detail stormwater management improvements added to the site. Neither of the proposed northern connections are to public streets as stipulated in Section 205.7D.2. The final grading plan for the development depicts three (3) instances in the parking areas access driveways where the grade is proposed at 5.11 percent, 6.34 percent, and 6.49 percent. These areas are located just northeast of the proposed new principal store structure. All other proposed grades appear to meet the maximum allowable grade of five percent (5%). The Planning Department interprets Section 205.7D.1. to apply to parking lots and the access aisles that serve actual parking spaces. Driveways providing ingress/egress to a development are covered in Section 205.7D.2. The existing topography of the site has approximately 15 feet of grade change from south to north. Existing grades on the current site exceed 10 percent in several locations. Cookeville Public Works indicated a grade of more than 17 percent in one (1) location at the northern boundary of the proposed development site. The developer contends that the variance is necessary due to existing site and topographic conditions, unique to the property. The Planning Department feels the topographic conditions present a hardship for any redevelopment of the site. In the opinion of the Planning Department, the requested variance will not be detrimental to the public welfare or injurious to other property in the area. Staff Recommendation: Reapproval of the request to increase the maximum grade of parking areas to allow for maximum grades as depicted on the submitted grading plan. Elwood Ervin made the motion to approve the variance request as recommended by staff. Nancy Bohannon seconded the motion, and the motion was carried unanimously. Approved. Consider a request for a variance to the maximum width of driveways to allow a driveway width of 50 feet on the property located at 777 South Jefferson Avenue (Tax Map 066C, Group B, Parcel 007.00). Request submitted by Jon Featherston of the Dimension Group on behalf of 7-11 Speedway, LLC. Mr. Christopher Phillips stated that Mr. Jon Featherston of the Dimension Group on behalf of 7-11 Speedway, LLC., has resubmitted a variance request to maximum access width requirement for a proposed Speedway convenience and fuel station located at 777 South Jefferson Avenue. A previous variance was approved at the August 12, 2021, meeting for one (1) year and was reapproved at the August 11, 2022, meeting for one (1) year. Board of Zoning Appeals August 10th, 2023 Minutes An initial variance to the maximum width of driveways to allow a driveway width of 50 feet for the property located at 777 South Jefferson Avenue was applied for and granted at the August 12, 2021, Board of Zoning Appeals meeting. Section 233.9D, 3. Variances, (i.) details the time limit prescribed for a variance, “The Board of Zoning Appeals shall prescribe a time limit within which the action for which the variance is required shall be begun or completed, or both; however, in no case shall more than one (1) year pass before the action is begun. Failure to begin or complete, or both, such action within the prescribed time limit shall void the variance.” The variance was reapproved for one (1) year at the August 11, 2022, meeting. No changes have been made to the request. A proposed site plan for redevelopment of the property depicts access to South Jefferson Avenue at the signalized intersection that is the entrance to the existing Wal-Mart development. Section 205.9 of the Zoning Code, Access Control and Requirements for Curb Cuts (Driveways) and Culverts, Section 205.9B, Maximum Width of Access Points and Driveways provides that “For any non-residential use, a point of access for vehicles onto a street, excluding the necessary turning radius, shall not exceed 40 feet in width.” Speedway requests that a driveway access point of 50 feet in width be allowed to align with the existing driveway on the west side of South Jefferson Avenue that provides access for the Walmart shopping development. This is a signalized intersection that provides four (4) lanes of ingress/egress for the Walmart shopping center with a divided landscaped median where signage is located. They further contend that the width is necessary for fuel and other delivery truck access. A provided access location/width exhibit provided by Speedway depicts the turning movements of fuel delivery and other delivery trucks, depicting that the width is necessary to navigate the fuel pump canopy and navigate the interior of the site. The Planning Department finds justification in the request due to the existing width of the access point on the west side of South Jefferson Avenue. Also, this intersection is controlled with a traffic signal, which alleviates other concerns with uncontrolled access management. In the opinion of the Planning Department, the requested variance will not be detrimental to the public welfare or injurious to other property in the area. Staff Recommendation: Reapproval of request to increase the driveway access requirement from 40 feet to 50 feet for a total variance of 10 feet. Mr. JD Parks stated that he believes it makes sense to make the entry point 50 feet in order to line it up with the Walmart entrance but has a concern that the new entrance will make it difficult to enter in on the fairground access on South Jefferson. Mr. Christopher Phillips stated that the entrance to the fairgrounds on South Jefferson Avenue is a private access driveway and the access drive will be assessed with new development. Michael Detwiler made the motion to approve the variance request as recommended by staff. Elwood Ervin seconded the motion, and the motion was carried unanimously. Approved. Adjournment: 5:28 P.M. Submitted for Approval Submitted for Recording _____________________________ ______________________________ Haley Dickson James Dial, Chairman Planning Assistant Board of Zoning Appeals

Agenda

Board of Zoning Appeals August 10th, 2023 5:15 P.M. (1) Consider for approval the agenda as submitted. (2) Consider for approval the minutes of July 13th, 2023. (3) Consider a request for a variance to the grades for parking lots to allow portions of parking areas to exceed 5% for the property located at 777 South Jefferson Avenue (Tax Map 066C, Group B, Parcel 007.00). Request submitted by Jon Featherston of the Dimension Group on behalf of 7-11 Speedway, LLC. (4) Consider a request for a variance to the maximum width of driveways to allow a driveway width of 50 feet on the property located at 777 South Jefferson Avenue (Tax Map 066C, Group B, Parcel 007.00). Request submitted by Jon Featherston of the Dimension Group on behalf of 7-11 Speedway, LLC. July 13th, 2023 Minutes Board of Zoning Appeals Minutes July 13th, 2023 The Board of Zoning Appeals met on Thursday, July 13th, 2023, at 5:15 p.m. in the Council Chambers located at 45 E. Broad Street, Cookeville, Tennessee. Members Present: Nancy Bohannon, Michael Detwiler, James Dial & Elwood Ervin. Members Absent: Connie McCormick. Staff Present: Haley Dickson, Christopher Phillips, & Jon Ward. Staff Absent: Ken Young & James Mills. Others Present: Lindsay Pride, David Clouse, Kacy Minnear, Lee Williams, Johnny & Carol Maddux, Pearl Smith, Chuck Wilson, Jimmie Simpson, Andrea Simpson, Thurman Bilbrey, Craig Davis, and Karen & Ed Smith. 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 was carried unanimously. Approved. Consider for Approval the Minutes of June 8th, 2023. Elwood Ervin made the motion to approve the minutes of June 8th, 2023 as submitted. Michael Detwiler seconded the motion, and the motion was carried unanimously. Approved. Consider a request for a variance to reduce the rear yard setback from 20 feet to 19 feet for a total variance of one (1) foot for the property located at 267 East 7th Street (Tax Map 053-C, Group B, Parcel 013.01). Request submitted by Patrick Shea Callahan. Mr. Jon Ward stated that Mr. Patrick Shea Callahan has submitted a request for a variance to reduce the rear yard setback from 20 feet to 19 feet for a total variance of one (1) foot for his property located at 267 East 7th Street. The request was submitted to allow for an existing nonconforming structure within the rear setback. Analysis: The subject property is identified as Parcel 013.01 on Tax Map 053C, Group B and contains approximately 0.40 acres. The property is zoned RS-10, “Single-Family Residential” as are all adjacent properties. Mr. Callahan submitted a Lot Line Revision plat for Planning Commission review at the May 22, 2023 meeting. The lot line revision involves three (3) lots located at 267 East 7th Street (053C, B 013.01), 253 East 7th Street (053C, B, 014.00) and 615 North Jefferson Avenue (053C, B, 001.00). The plat depicts a shift of the southern lot boundary of the properties at 253 and 267 East 7th Street to accommodate an existing driveway located at 615 North Jefferson Avenue. The initial survey depicted an existing nonconforming accessory structure located at 267 East 7th Street over the property line of 253 East 7th Street. According to the submitted survey, the existing cabin footprint is 500 square feet (20-feet by 25-feet). Accessory structures over 400 square feet must meet the required setbacks for the zoning district. The plat was revised to include the accessory structure entirely on the property at 267 East 7th Street but remaining within the ten (10) foot side yard requirement. The shift of the property line to the north creates a rear setback encroachment of one (1) foot that does not exist prior to the proposed lot line adjustment. The Planning Division recognizes the accessory structure as a legal nonconforming structure. The structure was previously situated over the property line and the plat does adjust the lot line boundary to include the structure entirely on the subject lot. The structure does encroach over the side yard setback requirement, but this encroachment was in existence prior to the proposed plat. The shift of the southern boundary to accommodate the driveway does create a rear setback encroachment of one (1) foot that did not exist prior to the proposed lot line revisions subdivision plat. The variance is necessary to allow the lot line to be shifted to accommodate an existing driveway. The plat must still be considered by the Planning Commission. In the opinion of the Planning Division, the requested variance for the nonconforming accessory structure would not be detrimental to the public welfare or injurious to other property in the area. Board of Zoning Appeals July 13th, 2023 Minutes Recommendation: Approval of the request to reduce the rear yard setback from 20 feet to 19 feet as depicted on the submitted plat. Mr. Elwood Ervin asked for clarification if the southern boundary line and dividing boundary line was moved. Mr. Jon Ward stated yes, the lot lines were adjusted to accommodate the structure that was over the property line. Elwood Ervin made the motion to approve the variance request as recommended by staff. Michael Detwiler seconded the motion, and the motion was carried unanimously. Approved. Consider a request for a variance to reduce the fence location requirements from no closer than five (5) feet to any street to zero (0) feet from an alley for the property located at 427 Laurel Avenue (Tax Map 053-B, Group A, Parcel 022.00). Request submitted by Jimmie Simpson on behalf of West View Baptist Church. Mr. Jon Ward stated that Pastor Jimmie Simpson, on behalf of West View Baptist Church, has submitted a request for a variance to reduce the fence location requirements from no closer than five (5) feet to any street to zero (0) feet from an alley for the property located at 427 Laurel Avenue. The request was submitted to allow for a new fence to be constructed on the church’s property boundary. Analysis: The subject property is identified as Parcel 022.00 on Tax Map 053B, Group A and contains approximately 1.66 acres. The property is zoned RD, “Single-Family and Duplex Residential” as are the adjacent properties to the north, east and south. The property is bordered by CL, “Local Commercial” to the south and east. Section 204 Supplemental Regulations, Section 204.9 Fences and Walls, 204.9C.2 states: No fence or wall shall be placed on any street right-of-way or public easement, unless determined by the City Manager that excessive right-of-way exists that would allow the fence or wall to be located in the right-of-way and not create a traffic hazard. Such determinations shall include a duly executed agreement between the property owner and the city indicating that should it be determined by the city that the fence or wall needs to be removed from the right-of-way that it will be done so in a timely fashion by the property owner and at the property owner’s expense. In no case shall any fence be closer than five (5) feet from any public street or closer than two (2) feet from any sidewalk. Pastor Simpson has submitted a request to construct a fence along the eastern property boundary of West View Baptist Church. The property is bordered by an existing public alley. The southern portion of the alley is approximately 20 feet in width and the northern portion narrows to approximately 16 feet at the rear of the property at 418 North Willow Avenue. The church has concerns with the patrons of the adjacent commercial businesses using the church parking lot. The fence would provide physical separation from the church parking lot and the existing businesses. The variance request is to allow the church to construct the fence on the property line with the public alley. The alley is currently used by some of the existing businesses for access and for solid waste disposal. The Zoning Code requires that a fence be located no closer than five (5) feet from a public street. A public alley is similar to a public street in that both provide a means of public ingress/egress to property, although alley access is predominately secondary access, with a public street providing primary access. The area of the alley and church parking lot is currently all paved with no apparent boundary. The Planning Division does have concerns that installation of a fence directly on the boundary could involve fence footers or hole areas to be within the alley. The fence should be sited in a manner that would not require any holes or other modification within the public alley. Also, fence installation should be sited no further than the property corners with West 4th Street and West 5th Street and all requirements of the Zoning Code should be met at these points to ensure no obstruction of visibility. The Planning Division recognizes aspects of the variance request are interpretation of an alley versus a street. In the opinion of the Planning Division, the requested variance would not be detrimental to the public welfare or injurious to other property in the area. Board of Zoning Appeals July 13th, 2023 Minutes Recommendation: Approval of the request to reduce the fence location requirements from five (5) feet to any street to zero (0) feet from an alley subject to no digging or modifications permitted within the alley to install the fence. Mr. Ervin asked if the Board of Zoning Appeals has approved a variance for the property located near the church recently. Mr. Ward stated that the Board has approved a parking variance for the property located at 404 North Willow Avenue, and the church could terminate the parking agreement held between the church and the business at any time. Mr. Ervin asked if the current fence variance request was approved, would it nullify the previous variance. Mr. Ward stated that the parking agreement was between the church and the business, and the city would have no say in it. Pastor Jimmie Simpson, petitioner, stated that the intent of his request is to establish the property boundary lines. He stated that over the years, there has been significant issues the business on Willow Avenue encroaching into the alley. The alley is useless as far as anyone navigating it from 4th Street to 7th Street. He stated that this has caused concerns especially for when Willow Avenue is widened that the parking situation is going to get worse. Pastor Simpson stated that the church can’t use the parking lot for ministry services because of traffic concerns. He stated that he has a business agreement with the doctors office located at 404 North Willow Avenue where the business will pay for the portion of gate behind their building and in return the church will install a gate for the employees. Ms. Carol Maddux, of 447 Laurel Avenue, stated that she owns the property located behind the church. She stated that the city has let people build with no parking and is concerned that they will do the same near her property. Mr. Jon Ward stated that the parking issues stem from old legal nonconforming businesses from years ago. His only concern with the variance is that anything needs to happen completely out of the alley right-of- way. Mr. Elwood Ervin made a motion to approve the request with the condition that the petitioner install the fence with no encroachment of the alley. Elwood Ervin made the motion to approve the variance request as recommended by staff. Nancy Bohannon seconded the motion, and the motion was carried unanimously. Approved. Consider a request for a variance to reduce the fence height requirements from 60 inches to 56.5 inches for a total variance of 3.5 inches and an administrative review of the Chief Building Official’s determination that an existing perimeter fence does not meet the requirements for a swimming pool fence established in the Zoning Code Section 206, Additional Standards, Section 206.25 Swimming Pools, 206.25B, for the property located at 328 South Dry Vally Road (Tax Map 052, Parcel 027.00). Request submitted by Lee Williams. Mr. Jon Ward stated that Mr. Lee Williams has submitted a request for a variance to reduce the fence height requirements from 60 inches to 56.5 inches for a total variance of 3.5 inches and an administrative review of the Chief Building Official’s determination that an existing perimeter fence does not meet the requirements for a swimming pool fence as established in the Zoning Code Section 206, Additional Standards, Section 206.25 Swimming Pools, 206.25B, for his property located at 328 South Dry Valley Road. The request was submitted to allow the existing perimeter fence to function as the required fence around a swimming pool area. Analysis: The subject property is identified as Parcel 027.00 on Tax Map 052 and contains approximately 19.57 acres. The property is zoned RS-20, “Single-Family Residential” as are the adjacent properties to the north, west, and south. The property is bordered by the corporate city limits to the east. During inspection of the new house construction on the subject property, the Codes Division notified Mr. Williams that a fence would be required around the newly constructed pool. Mr. Williams has submitted a Board of Zoning Appeals July 13th, 2023 Minutes request to allow the existing perimeter fence located on the subject property to meet the requirements of a swimming pool fence established in the Zoning Code. Section 206, Additional Standards, Section 206.25 Swimming Pools, 206.25B states: The swimming pool area shall be walled or fenced so as to prevent uncontrolled access by children and pets from the street or from adjacent properties. Said fence or wall shall be not less than five (5) feet in height and maintained in good condition. All gates shall be self-closing. The petitioner has provided an exhibit depicting fencing along the perimeter of the property. The existing fence is 56.5 inches tall and consists of five (5) strands of high tensile wire. The Codes Division verified the fence height but was unable to verify existing fencing along the northeastern, eastern and southeastern areas of the property. The Codes Division determined that the existing fencing does not meet the requirements established in Section 206.25B. The International Building Code requires a swimming pool to have a fence four (4) feet in height, but further requires that openings in a barrier around a swimming pool shall not allow passage of a four (4) inch sphere. No gates are present as required by code. The petitioner has stated that a gate could be installed on the driveway to satisfy this requirement. The property consists of approximately 20 acres. The nearest residence is approximately 450 feet from the swimming pool. The request to reduce the fence height requirement from 60 inches to 56.5 inches represents a 5.8 percent variance from the required height. In the opinion of the Planning Division, the variance to the height requirements would not be detrimental to the public welfare or injurious to other property in the area as the 56.5-inch height is greater than the Building Code requires, however, the property does not appear to be entirely fenced, and the existing fencing does not appear to meet the requirements of the Zoning or Building Codes. Recommendation: Denial of the request Mr. Lee Williams, petitioner, showed where portion of fence was ripped out during construction. He stated that the rest of property is fenced. He has a security system and alarm pool for any disturbances in the water. Mr. Elwood Ervin asked what the reason is for not installing a perimeter fence. Mr. Williams stated that the entire property is fenced so he doesn’t see the need for a fence around the pool also doesn’t want one for aesthetics and the view. Mr. Ervin asked Mr. Ward what would bring the perimeter fence up to code. Mr. Ward stated that the zoning code doesn’t stipulate and that it is part of the building code. Mr. Michael Detwiler made a motion to postpone this request for 60 days to allow the Codes Division and the Williams to work out a solution. Elwood Ervin seconded the motion, and the motion was carried unanimously. Postponed 60-Days. Adjournment: 5:52 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 the grades for parking lots to allow portions of parking areas to exceed 5% for the property located at 777 South Jefferson Avenue (Tax Map 066C, Group B, Parcel 007.00). Request submitted by Jon Featherston of the Dimension Group on behalf of 7-11 Speedway, LLC. Haley Dickson From: Jonathan Ward Sent: Monday, July 03, 2023 2:46 PM To: Christopher Phillips; Haley Dickson Subject: FW: ZBA Variance Extension Request___777 South Jefferson Avenue (NWC S Jefferson & Fairgrounds Private Drive) Attachments: Board of Zoning Appeals Request Application__Updated 6-16-2020_202006171447168282.pdf From: Jon Featherston <jfeatherston@dimensiongroup.com> Sent: Monday, July 3, 2023 1:53 PM To: Jonathan Ward <jward@cookeville-tn.gov> Subject: [EXTERNAL] Fwd: ZBA Variance Extension Request___777 South Jefferson Avenue (NWC S Jefferson & Fairgrounds Private Drive) CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Jon, Good afternoon once again. I now have I believe with your email correct. Please see below & please let me know if you have any questions and/or concerns. If you could confirm fee amount for me & if check just needs to be payable to City of COOKEVILLE or if paying by credit card can be done over phone that would be great. Thanks again for your time & help. Sincerely, Get Outlook for iOS Jon Featherston, Director of Entitlements The Dimension Group | 10755 Sandhill Rd, Dallas, TX 75238 O: 214.343.9400 | M: 214.668.2644 E: jfeatherston@dimensiongroup.com | W: dimensiongroup.com This E-mail (including attachments) is intended exclusively for the individual or entity to which it is addressed. The message, together with any attachment, may contain confidential and /or privileged information. Any message in error, please immediately advise the sender by reply e-mail or by phone 214.343.9400, delete this e-mail communication and destroy all physical copies of same. From: Jon Featherston <jfeatherston@dimensiongroup.com> Sent: Monday, July 3, 2023 1:12 PM To: jward@cookeville-tn.com <jward@cookeville-tn.com> Subject: ZBA Variance Extension Request___777 South Jefferson Avenue (NWC S Jefferson & Fairgrounds Private Drive) Mr. Ward, Good afternoon & hope you are doing well. We spoke around a couple weeks ago regarding the subject Speedway/7- Eleven Site located in Cookeville at the subject location regarding extending the Variances granted 8-11-2022 to allow 1 portion of parking area to exceed 5% & to allow the driveway access width from South Jefferson Avenue to increase in width from 40 feet to 50 feet for a total variance of 10 feet. I am preparing to make formal submittal for the 8/10/2023 ZBA Meeting which I know the deadline is 7/17/2023, but I am in process of getting all required Plans Documents to you this week. Our Client has decided they would like to go back in with the same Site Plan & Grading Plan that was presented last August to request Extension of the Variances granted at that time to the max grading % & the max driveway width. First, I would like to confirm that the attached ZBA Application is still the most current Application to be used for making submittals to the ZBA. I have filled out the Application with current Ownership Entity Name, currently 7-Eleven Rep, etc. I have listed the Variance requests as they were listed for the August 2022 ZBA Hearing when they were being extended and wanted to make sure listing like this is acceptable for this 2nd extension request or do I need to explain why a 2nd extension is being requested? I left you a Voice Mail in case you happen to get to this email first so you can disregard my VM unless you would like to give me a call to discuss. Thank you for your time & help. Jon Featherston, Director of Entitlements The Dimension Group | 10755 Sandhill Rd, Dallas, TX 75238 O: 214.343.9400 | M: 214.668.2644 E: jfeatherston@dimensiongroup.com | W: dimensiongroup.com This E-mail (including attachments) is intended exclusively for the individual or entity to which it is addressed. The message, together with any attachment, may contain confidential and /or privileged information. Any message in error, please immediately advise the sender by reply e-mail or by phone 214.343.9400, delete this e-mail communication and destroy all physical copies of same. Electronic communications with officials and employees of the City of Cookeville are subject to the Tennessee Public Records Act. 2 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. ************************************************************************************* 777 S Jefferson Avenue (NWC Jefferson Avenue & Fairgrounds Access Drive) Location of Property: ___________________________________________________________________ 066C, Group B, Parcel 007.00 Tax Map Identification Number: __________________________ CG Zone: _____________________ Property Owner Person Making Request 7-11 Speedway, LLC #1055098 Name: ____________________________ Jon Featherston-The Dimension Group Name: _______________________________ 3200 Hackberry Road Address: __________________________ 10755 Sandhill Road Address: ______________________________ Irving, Texas, 75063 _________________________________ Dallas, TX 75238 ____________________________________ (City, State, Zip) (City, State, Zip) james.hughes@7-11.com Email: ___________________________ jfeatherston@dimensiongroup.com Email: ______________________________ 937-206-4517 Phone: ___________________________ 214-668-2644 Phone: ______________________________ ************************************************************************************* Type of Request: SPECIAL EXCEPTION VARIANCE ✔ ADMINISTRATIVE REVIEW Describe the request below (attach any accompanying information): Sec. 205.7D - Grades for Parking Lots - request to allow portions of parking area to exceed 5%; portions of the existing site currently exceed 5%. Sec. 205.9B - Max. Width of Driveways - request to allow a driveway of 50 feet on S. Jefferson Ave; the proposed width will allow the driveway to align with the existing driveway across the street (Walmart) and necessary width for delivery truck access. ************************************************************************************* July 3, 2023 Date Filed: ___________________ Yes Fee Paid: ______________ $400.00 Amount: __________________ August 10, 2023 Meeting date set for: ___________________________________________________________________ Jon Ward, Community Development Director Request reviewed by: ___________________________________________________________________ Item 4 Consider a request for a variance to the maximum width of driveways to allow a driveway width of 50 feet on the property located at 777 South Jefferson Avenue (Tax Map 066C, Group B, Parcel 007.00). Request submitted by Jon Featherston of the Dimension Group on behalf of 7-11 Speedway, LLC. Haley Dickson From: Jonathan Ward Sent: Monday, July 03, 2023 2:46 PM To: Christopher Phillips; Haley Dickson Subject: FW: ZBA Variance Extension Request___777 South Jefferson Avenue (NWC S Jefferson & Fairgrounds Private Drive) Attachments: Board of Zoning Appeals Request Application__Updated 6-16-2020_202006171447168282.pdf From: Jon Featherston <jfeatherston@dimensiongroup.com> Sent: Monday, July 3, 2023 1:53 PM To: Jonathan Ward <jward@cookeville-tn.gov> Subject: [EXTERNAL] Fwd: ZBA Variance Extension Request___777 South Jefferson Avenue (NWC S Jefferson & Fairgrounds Private Drive) CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Jon, Good afternoon once again. I now have I believe with your email correct. Please see below & please let me know if you have any questions and/or concerns. If you could confirm fee amount for me & if check just needs to be payable to City of COOKEVILLE or if paying by credit card can be done over phone that would be great. Thanks again for your time & help. Sincerely, Get Outlook for iOS Jon Featherston, Director of Entitlements The Dimension Group | 10755 Sandhill Rd, Dallas, TX 75238 O: 214.343.9400 | M: 214.668.2644 E: jfeatherston@dimensiongroup.com | W: dimensiongroup.com This E-mail (including attachments) is intended exclusively for the individual or entity to which it is addressed. The message, together with any attachment, may contain confidential and /or privileged information. Any message in error, please immediately advise the sender by reply e-mail or by phone 214.343.9400, delete this e-mail communication and destroy all physical copies of same. From: Jon Featherston <jfeatherston@dimensiongroup.com> Sent: Monday, July 3, 2023 1:12 PM To: jward@cookeville-tn.com <jward@cookeville-tn.com> Subject: ZBA Variance Extension Request___777 South Jefferson Avenue (NWC S Jefferson & Fairgrounds Private Drive) Mr. Ward, Good afternoon & hope you are doing well. We spoke around a couple weeks ago regarding the subject Speedway/7- Eleven Site located in Cookeville at the subject location regarding extending the Variances granted 8-11-2022 to allow 1 portion of parking area to exceed 5% & to allow the driveway access width from South Jefferson Avenue to increase in width from 40 feet to 50 feet for a total variance of 10 feet. I am preparing to make formal submittal for the 8/10/2023 ZBA Meeting which I know the deadline is 7/17/2023, but I am in process of getting all required Plans Documents to you this week. Our Client has decided they would like to go back in with the same Site Plan & Grading Plan that was presented last August to request Extension of the Variances granted at that time to the max grading % & the max driveway width. First, I would like to confirm that the attached ZBA Application is still the most current Application to be used for making submittals to the ZBA. I have filled out the Application with current Ownership Entity Name, currently 7-Eleven Rep, etc. I have listed the Variance requests as they were listed for the August 2022 ZBA Hearing when they were being extended and wanted to make sure listing like this is acceptable for this 2nd extension request or do I need to explain why a 2nd extension is being requested? I left you a Voice Mail in case you happen to get to this email first so you can disregard my VM unless you would like to give me a call to discuss. Thank you for your time & help. Jon Featherston, Director of Entitlements The Dimension Group | 10755 Sandhill Rd, Dallas, TX 75238 O: 214.343.9400 | M: 214.668.2644 E: jfeatherston@dimensiongroup.com | W: dimensiongroup.com This E-mail (including attachments) is intended exclusively for the individual or entity to which it is addressed. The message, together with any attachment, may contain confidential and /or privileged information. Any message in error, please immediately advise the sender by reply e-mail or by phone 214.343.9400, delete this e-mail communication and destroy all physical copies of same. Electronic communications with officials and employees of the City of Cookeville are subject to the Tennessee Public Records Act. 2 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. ************************************************************************************* 777 S Jefferson Avenue (NWC Jefferson Avenue & Fairgrounds Access Drive) Location of Property: ___________________________________________________________________ 066C, Group B, Parcel 007.00 Tax Map Identification Number: __________________________ CG Zone: _____________________ Property Owner Person Making Request 7-11 Speedway, LLC #1055098 Name: ____________________________ Jon Featherston-The Dimension Group Name: _______________________________ 3200 Hackberry Road Address: __________________________ 10755 Sandhill Road Address: ______________________________ Irving, Texas, 75063 _________________________________ Dallas, TX 75238 ____________________________________ (City, State, Zip) (City, State, Zip) james.hughes@7-11.com Email: ___________________________ jfeatherston@dimensiongroup.com Email: ______________________________ 937-206-4517 Phone: ___________________________ 214-668-2644 Phone: ______________________________ ************************************************************************************* Type of Request: SPECIAL EXCEPTION VARIANCE ✔ ADMINISTRATIVE REVIEW Describe the request below (attach any accompanying information): Sec. 205.7D - Grades for Parking Lots - request to allow portions of parking area to exceed 5%; portions of the existing site currently exceed 5%. Sec. 205.9B - Max. Width of Driveways - request to allow a driveway of 50 feet on S. Jefferson Ave; the proposed width will allow the driveway to align with the existing driveway across the street (Walmart) and necessary width for delivery truck access. ************************************************************************************* July 3, 2023 Date Filed: ___________________ Yes Fee Paid: ______________ $400.00 Amount: __________________ August 10, 2023 Meeting date set for: ___________________________________________________________________ Jon Ward, Community Development Director Request reviewed by: ___________________________________________________________________ ,?&+$77352-(&76??&,9,/(1*,1((5,1*?3/$16+((76?B29(5$//3/273/$1':* 3/277('%<-867,1-2+162121$0 /$6783'$7('%<--2+16212130 352326('5(6,'8$/3523(57< 6(3$5$7(/2772%(&5($7(' %<)8785(3/$7 :$/0$57 (175$1&( :$/0$57 (;,7 .QRZZKDW V 6287+-())(5621$9( ,17(56(&7,21'(7$,/ 3$9(0(17/(*(1' 56$ ( : 1  3(5&,7<&200(176    29(5$//3/273/$1  3(5&,7<&200(176    $'& -() &-- 1(:%8,/' &6   6-())(5621   )$,5*5281'673871$0    &2817<&22.(9,//(71 ,3 &( 23 6) 6) ,3 ,3 67 6) 6) ǣ       ͵ǣͳ               ,3 ,3    ǣ        ,3    ,3 ,3 3(5&,7<&200(176 6)  23 6-())(5621 (36&3/$1 1(:%8,/' 67 )$,5*5281'673871$0 ,3 6) &2817<&22.(9,//(71 ,?&+$77352-(&76??&,9,/(1*,1((5,1*?3/$16+((76?B(36&3/$1':* ,3     3/277('%<-867,1-2+162121$0 /$6783'$7('%<--2+16212130 : &--  56$ 1 -()  .QRZZKDW V ( $'&  &( ,?&+$77352-(&76??&,9,/(1*,1((5,1*?3/$16+((76?B&,5&8/$7,213/$1':* 3/277('%<-867,1-2+162121$0 /$6783'$7('%<--2+16212130    $ *(1(5$/127(6 3$9(0(17/(*(1' 7+($'-$&(17,17(56(&7,21,66,*1$/,=(' .QRZZKDW V 75$6+758&.78516+$9(%((13(5)250('217+,66,7( 56$ 758&.78516+$9(%((13(5)250('217+,66,7(72&21),50/2&$7,212)867 6 ( : 1  3(5&,7<&200(176    &,5&8/$7,213/$1  3(5&,7<&200(176    $'& -() &-- 1(:%8,/' &5   6-())(5621   )$,5*5281'673871$0    &2817<&22.(9,//(71

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