AGENDA ITEM: 4 CASE NUMBER: BOA 2021-0085 (City) B.O.A ...

Staff Writer: Ayse Tezel E-mail: [email protected]

AGENDA ITEM: 4 CASE NUMBER: BOA 2021-0085 (City) B.O.A. MEETING: August 25, 2021 LOCATION: 1050 Tanglewood Street (Cooper-Young) OWNER/APPLICANT: Austin Teunissen REPRESENTATIVE: N/A REQUEST: Variance from Paragraph 2.7.2A(1) to allow an accessory structure to encroach 2 ft. into

the required side (interior) and rear setbacks AREA: +/-0.128 acres EXISTING ZONING: Residential Single-Family – 6 (R-6[H]), Midtown Overlay, Historic District Overlay

CONCLUSIONS 1. The applicant is seeking relief from Paragraph 2.7.2A(1) to allow an accessory structure to encroach 2 ft. into the

required side (interior) and rear setbacks. 2. The subject lot is 40 feet in width, and the existing primary structure is legal non-conforming with less than a 5-foot

side yard setback along the south property line. There are other properties within the vicinity of the subject property with approved variances for side yard setback encroachments. However, the applicant has not provided a survey of the lot and/or an instrument number to depict the any utility easements on the property, and staff does not have a full understanding of the current conditions of the lot.

3. The granting of this variance will not cause substantial detriment to the public good, nor will it substantially impair the intent and purpose of an adopted plan or the Code, nor will it be injurious to the neighborhood or the general welfare, and it will be harmony with the purpose and intent of the development code.

4. The proposed structure is subject to the review and approval of the Memphis Landmarks Commission to ensure compliance with the Cooper-Young Historic District Design Guidelines.

REQUIRED FINDINGS

Pursuant to Section 9.22.6 of the Unified Development Code, this site exhibits the following extraordinary feature(s): The subject lot is 40 feet in width, and the existing primary structure is legal non-conforming with less than a 5-foot side yard setback along the south property line, and there are other properties within the vicinity of the subject property with approved variances for side yard setback encroachments. See further analysis on page 14 of this report.

CONSISTENCY WITH MEMPHIS 3.0 The Memphis 3.0 General Plan does not address setbacks.

RECOMMENDATION: Approval with conditions, if survey is submitted by Board meeting time

Staff Report August 25, 2021 BOA 2021-0085

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GENERAL INFORMATION

Street Frontage: Tanglewood Street +/-40.00 linear feet

Zoning Atlas Page: 2135

Parcel ID: 031118 00022

Existing Zoning: Residential Single-Family – 6 (R-6[H]), Midtown Overlay, Historic District Overlay

PUBLIC NOTICE

In accordance with Sub-Section 9.3.4A of the Unified Development Code, a notice of public hearing is required to be mailed. A total of 7 notices were mailed on August 11, 2021.


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LOCATION MAP

Subject property located within the pink circle, Central Gardens neighborhood

SUBJECT PROPERTY


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HARRY COHN SUBDIVISION (1888)

Subject property highlighted in yellow, part of lot 30


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VICINITY MAP

Subject property highlighted in yellow


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AERIAL

Subject property outlined in yellow, imagery from 2018


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ZONING MAP

Subject property highlighted in yellow Existing Zoning: Residential Single-Family – 6 (R-6[H]) Surrounding Zoning

North: R-6[H] East: R-6[H] South: R-6[H] West: R-6[H]


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LAND USE MAP

Subject property outlined in electric blue and indicated by a pink star


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SITE PHOTOS

View of subject property from Tanglewood Street looking east (Google Street View, 2019)


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View of subject property from Tanglewood Street looking southeast (Google Street View, 2019)


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SITE PLAN

Proposed outbuilding highlighted in blue.


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3D RENDERING OF THE PROPERTY WITH PROPOSED OUTBUILDING


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STAFF ANALYSIS Request and Justification The application, response to the variance criteria, and letter of intent have been added to this report.

The request is a variance from Paragraph 2.7.2A(1) to allow an accessory structure to encroach 2 feet into the required side (interior) and rear setbacks.

Subject property is +/-5,575 square foot in area with 140 feet depth and 40 feet width. Proposed outbuilding is 450 square foot in area (15 feet by 30 feet) and to be located towards the northeast corner of the lot.

The applicant is proposing to build an outbuilding with 3-foot side and rear setbacks and encroach 2 feet into the required setbacks. Construction of the proposed outbuilding is also contingent upon the review and approval of a Certificate of Appropriateness (COA) from the Memphis Landmarks Commission.

The subject lot is 40 feet in width, and the existing primary structure is legal non-conforming with less than a 5-foot side yard setback along the south property line (right side of the structure). Additionally, there are other properties within the vicinity of the subject property with approved variances for side yard setback encroachments. However, the applicant has not provided a survey of the lot and/or an instrument number to depict the any utility easements on the property, and the staff do not have a full understanding of the current conditions of the lot.

Variance Criteria Staff agrees the variance criteria as set out in Sub-Section 9.22.6A of the Unified Development Code are met; see pages 17-18 of this report for the responses provided by the applicant. 9.22.6 Findings of Fact The Board of Adjustment must make specific written findings of fact on each variance request. In granting any variance, the Board of Adjustment shall make the following findings:

A. Bulk and Other Non-Use Variances (1) Unusual characteristics of the property. The property is unusual in that it exhibits at least one of

the following exceptional physical features as compared to other properties located in the same zoning district: exceptional topographic conditions, exceptional narrowness, exceptional shallowness, exceptional shape or any other extraordinary and exceptional situation or condition;

(2) Practical difficulties or undue hardship. By reason of the unusual characteristics found to apply in Paragraph 1, the strict application of any regulation found in this Code would result in peculiar and exceptional practical difficulties to or exceptional or undue hardship upon the owner of such property;

(3) The unusual characteristic found to apply in Paragraph 1 is not the result from any deliberate action by the owner;

(4) That a variance from the strict application of this Code may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of an adopted plan and this Code;

(5) The requested variance will be in harmony with the purpose and intent of this development code and will not be injurious to the neighborhood or to the general welfare;

(6) The variance is not granted simply because by granting the variance, the property could be utilized more profitably or that the applicant would save money.


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Site Description Subject property is +/-5,575 square foot in area with 140 feet depth and 40 feet width, parcel (031118 00022) located 1050 Tanglewood Street in the Cooper-Young neighborhood, and known as part of lot 30 of Harry Cohn Subdivision with an underlying zoning of Residential Single-Family – 6. Per the Assessor’s Office, the principal structure on the site was built in 1941 and currently is a one-story structure with a ground floor area of 1,536 square feet and the surrounding land uses are single-family residential. Consistency with Memphis 3.0 The Memphis 3.0 General Plan does not address setbacks. Conclusions The applicant is seeking relief from Paragraph 2.7.2A(1) to allow an accessory structure to encroach 2 ft. into the required side (interior) and rear setbacks.

The subject lot is 40 feet in width, and the existing primary structure is legal non-conforming with less than a 5-foot side yard setback along the south property line (right side of the structure). There are other properties within the vicinity of the subject property with approved variances for side yard setback encroachments (BOA 2000-16 at 1057 Fleece St, BOA 2014-24 at 1955 Young Ave, and BOA 2020-111 at 1988 Young Ave). However, the applicant has not provided a survey of the lot and/or an instrument number to depict the any utility easements on the property, and staff does not have a full understanding of the current conditions of the lot. Therefore, the staff recommends that the rear setback shall remain as 5 feet to ensure access for utilities.

The granting of this variance will not cause substantial detriment to the public good, nor will it substantially impair the intent and purpose of an adopted plan or the Code, nor will it be injurious to the neighborhood or the general welfare, and it will be harmony with the purpose and intent of the development code.

The proposed structure is subject to the review and approval of the Memphis Landmarks Commission to ensure compliance with the Cooper-Young Historic District Design Guidelines.

RECOMMENDATION

Staff recommends approval with the following conditions, if survey is submitted by Board meeting time. Conditions 1. No windows shall be installed on the north (left) elevation of the outbuilding.

2. The rear setback shall remain as required 5 feet to provide necessary access for utilities. 3. The submitted elevations of the proposed outbuilding are contingent upon receiving final approval and

Certificate of Appropriateness (COA) from the Memphis Landmarks Commission.

4. Any change or deviation from the site plan upon the determination of the Zoning Administrator shall be submitted to the Board of Adjustment for review and approval or administrative review and approval by the Division of Planning and Development.


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DEPARTMENTAL COMMENTS The following comments were provided by agencies to which this application was referred: City/County Engineering: UDC Section 4.2.1 Required Sidewalk Repair: Existing sidewalk and

driveway to be inspected for ADA compliance and rebuilt as necessary.

City/County Fire Division: No comments received. City Real Estate: No comments received. County Health Department: No comments received. Shelby County Schools: No comments received. Construction Code Enforcement: No comments received. Memphis Light, Gas and Water: No comments received. Office of Sustainability and Resilience: No comments received.


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APPLICATION


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LETTER OF INTENT


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LETTERS RECEIVED No letters received at the time of completion of this report.

AGENDA ITEM: 4 CASE NUMBER: BOA 2021-0085 (City) B.O.A ...

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