February 6, 2020Approved With Conditions
1. Previous approval was granted by the Infill Housing Committee for this site plan and house (with slight revisions made for this meeting) at 1201 Connecticut Avenue in 2008. However, that approval allowed some items that are not in compliance with the Infill Housing Guidelines.
2. While the Infill Housing Committee approvals do not have an expiration date per se, according to the City of Knoxville Zoning Ordinance, and Tennessee State Law, as referred to in the clip from the zoning ordinance below, the project's vesting rights have expired and the development must be reviewed as a new application.
3. The front yard and side yard setbacks are consistent with the adjacent houses and others found on this street.
4. Front yard planting is provided. A native tree should be planted in the rear yard, too, per the guidelines.
5. The driveway does not meet the infill guidelines and should be off of the alley since it is in good working condition.
a. Moving the driveway to the rear yard would allow the project to comply with both the Infill Design Guidelines' requirement for alley access (when available), and the City Engineering Department requirements for a parking pad.
b. Driveway access off the street is somewhat consistent with the rest of the houses on the block. However, these are properties that predate the Infill Design Guidelines, and parking in front of houses is one of the conditions the guidelines attempt to mitigate over time by requiring parking and access to be off of alleys.
6. The front porch size and setback are in compliance with Infill Guidelines.
7. Scale, massing and foundation height are consistent with other houses on the block.
8. The other houses on the block feature a mix of window grid styles. This would be the only house with a 3-over-1 grid, but due to the mix of styles already present, and the absence of a true architectural style for the proposed house, the window style would not appear out of character.
9. The roof material and design are in compliance with Infill Committee Guidelines.
10.Vertical siding is not allowed.
REFERENCE INFORMATION: CITY OF KNOXVILLE ZONING ORDINANCE REGARDING VESTING RIGHTS:
City of Knoxville Zoning Ordinance, Article 15, Section 15.3 Vesting (relevant sections only):
In accordance with Tenn. Code Ann.§ 13-4-310, the following provides for the vesting of developments through zoning applications.
A. Subject to item C, a vested property right must be established upon the City fts approval of a preliminary development plan, a final development plan where no preliminary development plan is required by ordinance or regulation, or a building permit allowing construction of a building where there was no need for prior approval of a preliminary development plan for the property on which that building will be constructed. During the vesting period in item C, the City fts development standards in effect on the date of said approval remain the development standards applicable to that property or building during the vesting period in item C.
B. A vested property right is established with respect to any property upon the appropriate department fts:
1. Approval of a preliminary or final development plan for any of the following Districts: RP-1, RP-2, RP-3, SC- 1, SC-2, SC-3, PC-1, PC-2, BP-1, TND-1, or TC-1 Districts.
2. Approval regarding a project in the I-1 District.
3. Approval regarding a use on review.
4. Approval of a certificate of appropriateness, when required.
5. Approval of a form district project.
6. Issuance of a site development permit.
7. Issuance of a written finding from the Director of Plans Review and Building Inspections that allowing a property right to remain vested is in the best interests of the community.
8. Any other approval or issuance specified in Tenn. Code Ann.§ 13-4-310.
C. The applicable vesting periods are as follows:
1. For building permits…(n/a)
2. For approval of a preliminary development plan that does not progress in stages or phases, the initial vesting period is three years subject to the following:
a. The applicant must maintain all necessary permits during all vesting period(s) and any extension(s) in order to remain vested. During the initial vesting period, the applicant must obtain the City fts approval of the final development plan and commence site preparation. If the applicant complies, then the vesting period will be extended an additional two years.
b. During the two year extension, the applicant must commence construction and, if commenced, the development standards in effect during the vesting period remain in effect until the City certifies final completion of the development or project.
c. In no event will the total vesting period exceed ten years from the date of the approval of the preliminary development plan. (emphasis added)
3. For approval of a preliminary development plan that progresses in two or more stages or phases…(n/a)