Board of Zoning Appeals

Board of Zoning Appeals March 14th, 2024 5:15 P.M. (1) Consider for approval the agenda as submitted. (2) Consider for approval the minutes of February 8th, 2024. (3) Consider a request for a special exception to allow a Hospice Residence Home/Assisted Living Facility on the property located at 570 State Street (Tax Map 053, Parcel 018.11). Request submitted by Curtis and Kelli Sipe. (4) Consider a request for a variance to reduce the rear yard setback from 20 feet to 18 feet for a total reduction of two (2) feet and to reduce the side yard setback from 10 feet to eight (8) feet for a total reduction of two (2) feet for roof overhangs of a proposed addition to the existing single-family home located at 1918 Brown Avenue (Tax Map 040-F, Group E, Parcel 018.11). Request submitted by Eleni Fragopolous. February 8th, 2024 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  Item 3 Consider a request for a special exception to allow a Hospice Residence Home/Assisted Living Facility on the property located at 570 State Street (Tax Map 053, Parcel 018.11). Request submitted by Curtis and Kelli Sipe.  APPLICATION FOR BZA REQUEST The Board of Zoning Appeals meets the 2nd Thursday of each month. Applications must be submitted to the Planning Department no later than 12:00 p.m. on the third Monday of the month prior to the meeting. In most cases, it will be necessary to submit additional materials (photos, example, sketch, floor plan, survey, etc.) to help explain the request. This information must accompany this application. A fee of $50.00 for each Special Exception and Administrative Review request, and a fee of $200.00 for each Variance request shall also be submitted with this application. ************************************************************************************* 570 State Street, Cookeville, TN 38501 Location of Property: ___________________________________________________________________ Map 053 Parcel 002.04 Tax Map Identification Number: __________________________ RS-10 Zone: _____________________ Property Owner Person Making Request The Boundary Lines 570, LLC Name: ____________________________ Curtis & Kelli Sipe Name: _______________________________ 570 State Street Address: __________________________ 310 Ridgedale Drive Address: ______________________________ Cookeville, TN 38501 _________________________________ Cookeville, TN 38501 ____________________________________ (City, State, Zip) (City, State, Zip) PleasantPlacesRAL@gmail.com Email: ___________________________ PleasantPlacesRAL@gmail.com Email: ______________________________ (931)349-1910 Phone: ___________________________ (989)255-0838 Phone: ______________________________ ************************************************************************************* Type of Request: SPECIAL EXCEPTION ✔ VARIANCE ADMINISTRATIVE REVIEW Describe the request below (attach any accompanying information): To re-approve the Special Exception of this property for use as a State Licensed Home for the Aged (to be operated as Pleasant Places by Majestic Residences), as requested activity was not begun during the past 12 months. ************************************************************************************* 02-16-2024 Date Filed: ___________________ Yes Fee Paid: ______________ $50.00 Amount: __________________ March 14, 2024 Meeting date set for: ___________________________________________________________________ Jon Ward Request reviewed by: ___________________________________________________________________  Item 4 Consider a request for a variance to reduce the rear yard setback from 20 feet to 18 feet for a total reduction of two (2) feet and to reduce the side yard setback from 10 feet to eight (8) feet for a total reduction of two (2) feet for roof overhangs of a proposed addition to the existing single- family home located at 1918 Brown Avenue (Tax Map 040-F, Group E, Parcel 018.11). Request submitted by Eleni Fragopolous.  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. ************************************************************************************* 1918 Brown Avenue, Cookeville, TN 38501 Location of Property: ___________________________________________________________________ 040-F, Group E, Parcel 018.11 Tax Map Identification Number: __________________________ RS-10 Zone: _____________________ Property Owner Person Making Request Eleni Fragopolous Name: ____________________________ Same as Owner Name: _______________________________ 1918 Brown Avenue Address: __________________________ Address: ______________________________ Cookeville, TN 38501 _________________________________ ____________________________________ (City, State, Zip) (City, State, Zip) efragopolous@yahoo.com Email: ___________________________ Email: ______________________________ 931-349-2041 Phone: ___________________________ Phone: ______________________________ ************************************************************************************* Type of Request: SPECIAL EXCEPTION VARIANCE ✔ ADMINISTRATIVE REVIEW Describe the request below (attach any accompanying information): The proposed home addition roof overhangs extend over the west and south building setbacks by 10% or less in two isolated angled areas as sohwn on the proposed site plan. We are requesting a variance of 2"-0" or 10% of the west (rear) 20' building setback & 1'-0" or 10% on the 10' (south) side setback. ************************************************************************************* 2/16/2024 Date Filed: ___________________ Yes Fee Paid: ______________ $200.00 Amount: __________________ March 14, 2024 Meeting date set for: ___________________________________________________________________ Chris Phillips Request reviewed by: ___________________________________________________________________  1" 18'-32 12'-1" 1" 3'-0" 8'-92 5'-0" 12'-5" jGroves c o m p a n y Built-ins TV Built-ins Built-ins & shelves Tlt. 5'-101 5'-63 4" 4" Built-ins & shelves Built-ins & shelves 12'-101 4" Bench Linen Vanity Island Tub d e s i g n 1" Bathroom Mini-split 6'-98 7'-0" 9'-0" Clg. W.I.C. wall HVAC unit 1" 17'-42 9'-0" Clg. Shower 1" 26'-12 31'-0" Family Room Mini-split 1" 10'-0" Clg. wall HVAC unit 6'-98 30'-1" 24'-63 4" 12'-113 12'-113 4" 4" Up Bedroom 9'-0" Clg. 1" Sitting 6'-98 FRAGOPOLOUS RESIDENCE Laundry Landing Stair 9'-0" Clg. 1" Balcony 10'-0" Clg. Up 4'-0" 4'-0" 4'-32 Dn 4'-0" 9'-0" Clg. W.H. 1" 6'-32 9'-0" 1918 BROWN AVE. Existing electrical panel to remain. Mast connected to meter to be moved or incoming power source to be buried underground 12'-0" 13'-9" 4'-0" 1 FIRST FLOOR PLAN 2 SECOND FLOOR PLAN COOKEVILLE, TN A-1.0 SCALE: 1/4" = 1'-0" A-1.0 SCALE: 1/4" = 1'-0" PROPERTY LI NE 10' BUILDIN G SETBACK E Y LIN PERT PRO K BAC SET ING ILD ' BU NOT FOR CONSTRUCTION 10 PROPERTY 30' BUILDIN jGroves design company LINE Jon J. Groves G SETBAC P.O. Box 1463 Existing House K Cookeville, TN 38503 Phone : 931-644-4791 20' jgrovesdesignco@gmail.com LD BUI This drawing and the design ING Proposed shown is the property of jGroves design company. The BAC balcony Renovated area PRO reproduction, copying or use SET of this drawing without their I TY L K written consent is prohibited K AC ETB PER and any infringement will be INGS 20' subject to legal action NE ILD ' BU LDIN 10 BUI BA CK REVISIONS SET GS DIN G IL ETB ' BU 10 Addition E ACK 1. 2. 3. 4. 5. 6. 7. 8. LIN TY OPER PER 3" SIGNATURES: PRO PR 1'-1 8 JOB # 01_24006 TY L E LIN DWN. BY: JJG INE E RTY 1" OP DATE: 2.7.24 1'-10 8 PR SHEET NAME: PLANS Variance Request is less than 10% SCALE: AS NOTED 3 SITE PLAN SCALE: 110 A-1.0 SHEET: A-1.0