Board of Zoning Appeals

Name: Board of Zoning Appeals — Cookeville, TN
Start: 2024-02-08
End: 2024-02-08
Location: Cookeville, TN

Regular Meeting

Cookeville, TN · February 8, 2024

Agenda Minutes

Minutes

Board of Zoning Appeals Minutes February 8th, 2024 The Board of Zoning Appeals met on Thursday, February 8th, 2024, at 5:15 p.m. in the Council Chambers located at 45 E. Broad Street, Cookeville, Tennessee. Members Present: Michael Detwiler, James Dial, Elwood Ervin & Connie McCormick. Members Absent: Nancy Bohannon Staff Present: Jon Ward, Haley Dickson & Christopher Phillips. Staff Absent: Ken Young & James Mills. Others Present: Robert Denn & David Hill. Election of Chairman and Vice-Chairman. Michael Detwiler nominated Elwood Ervin for Vice- Chairman. Connie McCormick seconded the motion and the motion carried unanimously. Elwood Ervin nominated James Dial for Chairman. Michael Detwiler seconded the motion and the motion carried unanimously. Consider for Approval the Agenda as Submitted. Connie McCormick 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 January 11th, 2024. Connie McCormick made the motion to approve the minutes of January 11th, 2024 as submitted. Michael Detwiler seconded the motion, and the motion was carried unanimously. Approved. Consider a request for a variance to reduce the side yard setback from 30 feet to 19.5 feet for a total reduction of 10.5 feet to allow the construction of a swimming pool located at 313 North Dixie Avenue (Tax Map 053-C, Group L, Parcel 003.00). Request submitted by Robert Denn. Mr. Chistopher Phillips stated that Mr. Robert Denn has submitted a request for a variance to reduce the side yard setback line from 30 feet to 19.5 feet for a total variance of 10.5 feet for the construction of an inground swimming pool located at 313 North Dixie Avenue. Analysis: The subject property is identified as Parcel 003.00 on Tax Map 053-C, Group L, and contains approximately 0.51 acres. The property is zoned RS-15, “Single-Family Residential” as are all adjacent properties. The property is also located within the North Dixie Avenue Historic District. Mr. Denn received approval for a Certificate of Appropriateness from the Historic Zoning Commission at the January 9, 2024, meeting to construct an accessory structure located at the rear of the property. Mr. Denn has submitted a drawing depicting the construction of an inground swimming pool located at the rear of his property. The subject property is a corner lot, with frontage along North Dixie Avenue and East 4th Street. Within the RS-15 District, side yard setback requirements are 10 feet, however, the minimum side yard setback requirement for a corner lot is 30 feet. Section 206.25 of the Zoning Code contains additional standards for swimming pools. The standards are as follows: 206.25A No swimming pool or part thereof, including aprons, walks, and equipment rooms, shall protrude into any required front or side yard setback or within five (5) feet of any rear property line. 206.25B 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-closed. The subject property is a corner lot, with frontage on both North Dixie Avenue and East 4th Street. The subject property has an existing privacy fence the encloses the back yard. The new swimming pool would be located entirely within the enclosed area. The submitted drawing shows the edge of the pool Board of Zoning Appeals February 8th, 2024 Minutes 24.5 feet from the property line along East 4th Street. The pool apron is approximately four (4) feet in width and a one (1) foot wide retaining wall will also be constructed. The pool, apron, and retaining wall will encroach approximately 10.5 feet into the required 30-foot side yard setback. All elements of the new construction will be inside of the existing privacy fence located along the side and rear of the property. The existing structure located on the adjacent property to the east is approximately 8 feet from the northern property line. Section 204.3 of the Zoning Code provides for a front yard setback exemption. Section 204.3 states, “For any structure or use located on a lot where the average front yard setback of existing structures within 100 feet on the same side of the street and within the same zoning district is 10 feet more or less than what is required by this Zoning Code, the minimum front yard setback shall be the average of the setback of said existing structures, provided; however, that the front setback can be no less than 15 feet.” Based on the front yard setback exemption, the average of the existing setbacks would be 19 feet. Based on the plan submitted by the petitioner, the request is for a 10.5 feet variance. The existing structure on the subject property is nonconforming to the side yard setback required in the RS-15 District. Based on current GIS information, the existing structure is approximately 20 feet from the property line, a 10-foot encroachment of the required 30 feet. The proposed swimming pool will be an inground pool. The new construction will not add any vertical interference as the apron will also be less than 30 inches in height. Section 233.9D, Section 3 Variances, states that granting a variance requires the following criteria to be met: I. The 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, if the strict application of this Zoning Code were carried out. The variance request represents a total variance of 35%. 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. Recommendation: Approval of the variance request to reduce the rear yard setback from 30 feet to 19.5 feet for a total variance of 10.5 feet as depicted on the submitted drawing. Mr. David Hill, 312 North Jefferson Avenue, stated that his property is directly behind the property in question and he wants it to be noted that his only concern is that the property owners stay within the noise guidelines and stated that he is not opposed to the request. 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. Adjournment: 5:27 P.M. Submitted for Approval Submitted for Recording _____________________________ ______________________________ Haley Dickson James Dial, Chairman Planning Assistant Board of Zoning Appeals

Agenda

Board of Zoning Appeals February 8th, 2024 5:15 P.M. (1) Consider for approval the agenda as submitted. (2) Consider for approval the minutes of January 11th, 2024. (3) Consider a request for a variance to reduce the side yard setback from 30 feet to 19.5 feet for a total reduction of 10.5 feet to allow the construction of a swimming pool located at 313 North Dixie Avenue (Tax Map 053-C, Group L, Parcel 003.00). Request submitted by Robert Denn. January 11th, 2024 Minutes Board of Zoning Appeals Minutes January 11th, 2024 The Board of Zoning Appeals met on Thursday, January 11th, 2024, at 5:15 p.m. in the Council Chambers located at 45 E. Broad Street, Cookeville, Tennessee. Members Present: Michael Detwiler, James Dial, & Connie McCormick. Members Absent: Nancy Bohannon & Elwood Ervin. Staff Present: Jon Ward, Haley Dickson & Christopher Phillips. Staff Absent: Ken Young & James Mills. Others Present: Chad Gilbert & Lindsay Pride. 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 was carried unanimously. Approved. Consider for Approval the Minutes of September 14th, 2023. Connie McCormick made the motion to approve the minutes of September 14th, 2023 as submitted. Michael Detwiler seconded the motion, and the motion was carried unanimously. Approved. Consider a request for a special exception to allow a swimming pool associated with a single- family residential development for a portion of the property located at 1430 Westbrook Circle (Tax Map 039F, Group D, Parcel 025.00) in the Westbrook Farms Subdivision. Request submitted by Putnam Contracting Services. Christopher Phillips stated that Mr. Chad Gilbert, on behalf of Putnam Contracting Services, has submitted a request for a special exception to allow a swimming pool associated with a single-family residential development for a portion of the property located at 1430 Westbrook Circle in the Westbrook Farms Subdivision. Analysis: The subject property is identified as Parcel 025.00 on Tax Map 039-F, Group D and contains approximately 0.38 acres. The property is Zoned RS-15, “Single-Family Residential” as are the adjacent properties to the east, south, and west. The property is bordered by RD, “Single- Family and Duplex Residential” to the north. Section 211.3C of the Cookeville Zoning Code states, “golf courses, swimming pools, tennis courts, and clubhouses associated with a single-family residential development” are uses permitted on appeal (as a special exception) in the RS-15 District. Section 211.3C further states that, “Preliminary plat approval for the single-family residential development shall be obtained from the Planning Commission prior to the submittal of the special exception request.” The final plat for Westbrook Farms Phase II was approved by the Planning Commission on January 24, 2022. A resubmission of the final plat was approved on April 24, 2023. The petitioner has submitted a revised final plat for Revisions of Lots 17-26, Westbrook Farms Phase II for Planning Commission review at the January 25, 2024, meeting. The revised final plat adjusts the lot lines and creates a new lot for the proposed swimming pool, shown as Lot 41. Lot widths at setback lines in the RS-15 District are required to be 100 feet. The proposed Lot 41 is only 75 feet in width. The new lot will only be allowed to be used for a swimming pool. No new residential development can occur on the proposed new lot. The proposed swimming pool will serve the residents of the Westbrook Farms Subdivision. The pool will be owned and maintained by the required Homeowner’s Agreement for the Westbrook Farms Subdivision. The pool will be required to meet all zoning code requirements and a fence will be required as stated in Section 206.25 of the Zoning Code. Board of Zoning Appeals September 14th, 2023 Minutes In the opinion of the Planning Division, the proposal meets the requirements for a special exception. Recommendation: Approval of the special exception subject to final plat approval by the Planning Commission at the January 25, 2024, meeting, all requirements of the zoning code being met, and the new lot can only be used for a swimming pool. Michael Detwiler made the motion to approve the variance request as recommended by staff. Connie McCormick seconded the motion, and the motion was carried unanimously. Approved. Adjournment: 5:20 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 side yard setback from 30 feet to 19.5 feet for a total reduction of 10.5 feet to allow the construction of a swimming pool located at 313 North Dixie Avenue (Tax Map 053-C, Group L, Parcel 003.00). Request submitted by Robert Denn. 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. ************************************************************************************* 313 N Dixie Ave. Cookeville, TN 38501 Location of Property: ___________________________________________________________________ 053-C, Group L, Parcel 003.00 Tax Map Identification Number: __________________________ RS-15 Zone: _____________________ Property Owner Person Making Request Robert M. Denn Name: ____________________________ Robert M. Denn Name: _______________________________ 313 N Dixie Ave. Address: __________________________ 313 N Dixie Ave. Address: ______________________________ Cookeville, TN 38501 _________________________________ Cookeville, TN 38501 ____________________________________ (City, State, Zip) (City, State, Zip) rmdenn2@gmail.com Email: ___________________________ rmdenn2@gmail.com Email: ______________________________ 423-667-3641 Phone: ___________________________ 423-6667-3641 Phone: ______________________________ ************************************************************************************* Type of Request: SPECIAL EXCEPTION VARIANCE ✔ ADMINISTRATIVE REVIEW Describe the request below (attach any accompanying information): Reduction of setback from E 4th St (north boundary of property) to accommodate pool construction in backyard. (see attached schematic) ************************************************************************************* 12Jan24 Date Filed: ___________________ 04Jan24 Fee Paid: ______________ 200.00 Amount: __________________ 09Feb24 Meeting date set for: ___________________________________________________________________ Request reviewed by: ___________________________________________________________________ d o'F foac\" , fo 20 e q Pcapt4y li,,e i,rrl ct Vq*e ts t5dge l{*"1 ', '' ' 1. 'J ;Y1 t{ r. , ', tfT '".1" * w! ft + , Tl I

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