Historic Zoning Commission

COOKEVILLE HISTORIC ZONING COMMISSION MINUTES SEPTEMBER 12, 2017 5:00 P.M. The Cookeville Historic Zoning Commission met on Tuesday, September 12, 2017, at 5:00 p.m. in the Council Chambers, 45 East Broad Street, Cookeville, TN 38501. MEMBERS PRESENT: Alma Anderson, Lee Carney, Calvin Dickinson, Cathy Lamb, Greg Stamps, Chris Wakefield, and Julia Woodford. STAFF PRESENT: James Mills, Jayne Barns, Ken Young and Jon Ward. OTHERS PRESENT: Sheila Driller, Sandra Driller, Will Roberson, William & Shirley Barnhart, Chad Gilbert, Martin Ing, Lee & Kim Jones, David Hume, Paula Haberkamp, Marcia Donovan, Scott & Sherri Lytal, Dennis Driller, Rachel Salter, Chris Fickling, Peter Metts, Jim & Vicky Draper, Kelly Piepmeier, Daniel Donovan, and Larry Epps. ELECTION OF CHAIRMAN AND VICE CHAIRMAN. Chris Wakefield made the motion to elect Calvin Dickinson as Chairman. Alma Anderson seconded the motion. Calvin Dickinson asked that his name be withdrawn as Chairman to give someone else the opportunity to serve in that capacity. Calvin Dickinson made the motion to elect Alma Anderson as Chairman. Chris Wakefield seconded the motion and the motion carried unanimously. ALMA ANDERSON ELECTED AS CHAIRMAN. ELECTION OF CHAIRMAN AND VICE-CHAIRMAN. Julia Woodford made the motion to elect Calvin Dickinson as Vice-Chairman. Cathy Lamb seconded the motion and the motion carried unanimously. ELECTED AS VICE-CHAIRMAN. CONSIDER FOR APPROVAL THE MINUTES OF MARCH 14, 2017. Alma Anderson made the motion to approve the minutes of March 14, 2017. Chris Wakefield seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR APPROVAL CERTIFICATE OF APPROPRIATENESS TO ALLOW A BED & BREAKFAST ON THE PROPERTY LOCATED AT 107 NORTH DIXIE AVENUE. REQUEST SUBMITTED BY SHEILA BUSH DRILLER. Ken Young stated that property owner Sheila Bush Driller has submitted an application for a Certificate of Appropriateness to allow the establishment of a bed and breakfast home at her home at 107 North Dixie Avenue which is located within the North Dixie Avenue Historic District overlay zone within an RS-15 single family residential zoning district. Section 211.3D of the Zoning Code stipulates that bed and breakfast homes are a use permitted on appeal (special exception) within the RS-15 zoning district provided the requirements of Section 206.3 are met as determined by the Board of Zoning Appeals. The HISTORIC ZONING COMMISSION 2 SEPTEMBER 12, 2017 BZA is scheduled to consider her request for a special exception at their meeting scheduled for Thursday September 14th. The standards per Section 206.3 are as follows: 206.3A There shall be no more than four (4) guest rooms in any bed and breakfast home located in a RS, Single Family Residential District and no more than five (5) guest rooms in any bed and breakfast home located in a zone other than a RS, Single Family Residential District. 206.3B The principal structure for any bed and breakfast home located in a RS, Single Family Residential District shall consist of a minimum of 3,000 square feet. 206.3C No alteration to the residential structure shall indicate from the exterior that the structure is being utilized for any purpose other than a residential dwelling unit, including permitted accessory buildings. 206.3D Required off-street parking shall be located to the rear of the principal structure unless otherwise specially authorized by the Board of Zoning Appeals. The Board may require screening of off-street parking areas if determined necessary to minimize the impact on adjacent residential properties. 206.3E No guest shall stay for more than seven (7) consecutive days. 206.3F A current guest register shall be kept by the owner or operator. 206.3G The owner or operator shall reside on the premises. 206.3H The only meal to be provided to guests shall be breakfast, and it shall only be served to guests taking lodging in the facility. 206.3I No food preparation or cooking shall be conducted in any guest room. 206.3J A Certificate of Appropriateness shall be issued by the Historic Zoning Commission prior to the establishment of a bed and breakfast home located in any Historic Zoning District. 206.3K The provisions of Tennessee Code Sections 68-14-501 through 68-14-503 shall be met. Section 203.3C of the Zoning Code sets forth the “Powers and Duties” of the Historic Zoning Commission as follows: Applications for building permits for construction, alteration, repair, moving or demolition conducted within the HS District shall be referred by the Department of Planning and Codes to the Commission, which shall: 1. Request detailed construction plans and related data pertinent to review a proposal before the Commission; 2. Direct, within thirty (30) days following the availability of sufficient data, the granting of a building permit, with or without conditions, or the refusal of a building permit, provided that the grounds for refusal are stated in writing; 3. Consider the following in making its decision: a. Historic and/or architectural value of the existing structure; b. Relationship of exterior architectural features of the structure to the remaining structures of the surrounding area; c. General compatibility of exterior design, arrangement, texture and materials proposed to be used; and d. Any other factor, including aesthetic, which is deemed pertinent. HISTORIC ZONING COMMISSION 3 SEPTEMBER 12, 2017 Section 203.3D of the Zoning Code sets forth the following “Additional Powers and Duties”: It shall be the duty of the Commission to make the following determinations with respect to the HS District: 1. Appropriateness of altering or demolishing a building or structure. The Commission may require interior and exterior photographs, architectural measured drawings of the exterior, or other notations of architectural features to be used for historical documentation as a condition of permission to demolish a building or structure. The photographs, drawings, and so forth, shall be provided at the expense of the applicant. 2. Appropriateness of the exterior architectural features, including signs and other exterior fixtures, of new buildings and structures to be constructed. 3. Appropriateness of exterior design or extension of an existing building or structure. 4. Appropriateness of front, side or rear yards, off-street parking spaces, location of entrance drives into property or sidewalks along the public right-of-way, which might affect the character of a building or structure. 5. The general compatibility of exterior design, arrangement, texture and material of the building or structure in relation to similar features of buildings in the immediate surroundings. However, the Commission shall not consider interior arrangement or design, nor shall it make any requirements except for the purpose of preventing extensions incongruous to the historic aspects of the surroundings. 6. No decision by the Commission shall cause undue economic hardship for any applicant. Ms. Driller has sent a letter to her neighbors explaining her intentions in operating a bed and breakfast home. Her letter also included a copy of the standards required under Section 206.3 of the Zoning Code. It is incumbent that the Historic Zoning Commission recognize that the use of the property as a bed and breakfast is a “special exception” that is strictly limited to the jurisdiction and purview of the Board of Zoning Appeals. In the opinion of the Planning Department Staff, as there are no changes proposed to the exterior features of the structure nor to the property grounds, the proposed use of the property for a bed and breakfast home is in harmony with the standards specified in Section 232 of the Zoning Code, as well as the North Dixie Historic District design guidelines and does not negatively impact the historic character of the neighborhood. Staff recommended approval of the Issuance of Certificate of Appropriateness. James Mills stated that the Planning Department has drafted provisions amending the Zoning Code for standards to bed & breakfast homes and short term rentals and those will be reviewed by the Planning Commission at their meeting on September 25, 2017. Mr. Mills added that the Commission should look at the request to see if it affects the design guidelines for the Historic District. Cathy Lamb questioned if the B & B had to be owner occupied now. HISTORIC ZONING COMMISSION 4 SEPTEMBER 12, 2017 Mr. Mills replied that the current code states owner or operator shall reside on the premises. Alma Anderson stated that the Board has to abide by the guidelines. Alma Anderson made a motion to Issue a Certificate of Appropriateness. Cathy Lamb seconded the motion. Calvin Dickinson opened the floor for discussion. Scott Lytal, property owner at 117 North Dixie Avenue, stated that the property at 107 North Dixie Avenue did not offer off-street parking to the rear of the structure, just a circle driveway. Mr. Lytal noted that when there are multiple guests there, that they park in the grass and when they host parties or large events with more than 40 people that there is not enough room for people to park. Mr. Lytal suggested that the property owner submit a site plan to show adequate parking for the B & B. Sheila Bush Driller, property owner at 107 North Dixie Avenue, stated that they graveled an area behind the garage which would fit three (3) cars next to First Street. Ms. Driller agrees to bring back a plan for the parking if that would help with the decision. Ms. Driller added that her mother-in-law currently lives there. Scott Lytal stated that the driveway behind the garage where Mr. Driller parked his construction truck was graveled a couple of week ago and that the driveway was not permitted by the City and that the City would not approve driveways within 30’ of each other. James Mills stated that if the Board needed more information on off-street parking spaces and its visibility, then the Board could postpone action. Marcia Donovan, property owner at 412 North Dixie Avenue stated that Ms. Driller hosted a Boy Scout Reunion at her house and that there were cars parked on the sidewalks. Bill Barnhart, property owner at 326 North Dixie Avenue, stated that he bought his house because of the charm of the neighborhood and he was concerned about the future of their neighborhood if it is turned into rental properties. He added that he lived in a small university town in Oxford, Ohio that had Georgian architecture and because it was a college town the houses were turned into rentals and it changed the whole character of the town. Chris Wakefield stated that a whole house cannot be rented out in a single-family residential zone. James Mills added that one of the amendments will reduce the number of rooms and guests in a B & B home. David Hume, property owner at 310 North Dixie, stated that he met with Mr. Mills and shared his concerns that a B & B home should be owner occupied and that the number of guests in a single-family neighborhood be limited. Mr. Hume suggested that action be deferred until the City Council can review the amendments to the Ordinance. HISTORIC ZONING COMMISSION 5 SEPTEMBER 12, 2017 Alma Anderson was concerned about the visibility of the parking on First Street and would it be appropriate for off-street parking spaces according to their guidelines. Greg Stamps stated that he would like for the property owner to bring back a parking plan. James. Mills added that the Board could postpone action until the City Council approves the amendments to the Zoning Code. Alma Anderson rescinded her motion to issue a Certificate of Appropriateness and Cathy Lamb rescinded her second. Chris Wakefield made the motion to postpone action until their next meeting October 10, 2017 in order for the Board of Zoning Appeals to make a ruling on September 14, 2017 concerning the “special exception” and to get more clarification on the additional parking spaces. Cathy Lamb seconded the motion and the motion carried unanimously. POSTPONED ACTION UNTIL THE OCTOBER 10, 2017 MEETING. STAFF REPORTS: • THE SCIENCE BUILDING (T.J. FARR BUILDING) LOCATED ON THE CAMPUS OF TENNESSEE TECHNOLOGICAL UNIVERSITY IN COOKEVILLE, TENNESSEE WAS PLACED ON THE NATIONAL REGISTER OF HISTORIC PLACES ON APRIL 10, 2017. • CERTIFICATE OF APPROPRIATENESS THAT WAS APPROVED IN HOUSE: 1. REMOVAL OF FALLING SOUTHERN CRAB APPLE TREES ON THE RIGHT-OF-WAY CREATING A HAZARD FOR THE SIDEWALK AND ROAD AND REPLACED WITH KOUSA DOGWOOD ALONG WITH PRUNING OF THE KOUSA DOGWOOD ON THE NORTHWEST CORNER OF THE PROPERTY LOCATED AT 313 NORTH DIXIE AVENUE. REQUEST SUBMITTED BY JAIME NUNAN ON BEHALF OF BILL & KELLY HARTBARGER. WORK TO BE DONE UNDER THE GUIDANCE OF JAMIE NUNAN (PUBLIC WORKS URBAN FORESTER) AND JEFF FITZPATRICK (COOKEVILLE ELECTRIC DEPARTMENT FORESTER). ADJOURNMENT: 6:17 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING ___________________________ __________________________________ JAYNE BARNS CPS ALMA ANDERSON, CHAIRMAN PLANNING ASSISTANT COOKEVILLE HISTORIC ZONING