Loading...
HomeMy WebLinkAboutJune 25th, 2013 MINUTES OF THE JEFFERSONVILLE BOARD OF ZONING APPEALS June 25, 2013 1) Call to Order The regular meeting of the Jeffersonville Board of Zoning Appeals was held on Tuesday, June 25, 2013 at 7:02 p.m. in the Council Chambers, First Floor, Jeffersonville, City Hall, 500 Quartermaster Court, Jeffersonville, Indiana. Chairperson, Josh Rodriquez called the meeting to order. 2) Roll Call The roll was called by the Planning & Zoning Director, Shane Corbin and those Members present were: Mary Pat Boone, Marty Chalfant, Mike McCutcheon, Josh Rodriquez and Rita Fleming. Those Members not present: None. Also present were Linda Mills, Secretary, Shane Corbin, Planning & Zoning Director, Dan Matson, Planning & Zoning Coordinator and Les Merkley, Planning & Zoning Attorney. 3) Approval of Minutes Upon a motion by Mike McCutcheon and a seconded by Rita Fleming, the minutes of the regular meeting held on May 28, 2013 were approved as written. 4) Oath Les Merkley, Attorney for the Board of Zoning Appeals administered the oath to all those intending to provide testimony before the Board of Zoning Appeals. (SECRETARY'S NOTE: ALL PLAT MAPS, PHOTOS, ETC. PRESENTED BEFORE THE BOARD OF ZONING APPEALS ON THIS DATE CAN BE FOUND IN THE OFFICE OF PLANNING AND DEVELOPMENT. 5) Appointments Josh Rodriquez made a motion to hold the appointments at the end of the meeting, seconded by Marty Chalfant. Motion passed. 6) New Business a) BZA -13 -18 Jeffersonville Board of Zoning Appeals — June 25, 2013 Page 1 of 8 The next item to come before the Board was an application filed by Springhurst Investments, LLC for a Special Exception Use for the property located at 308 East Chestnut Street. The applicant is proposing to operate an assisted living facility and this requires a special exception in the M2 zoning district (Article 3.11 Medium Density Multifamily Residential District). This application has been withdrawn. b) BZA -13 -18 The next item to come before the Board was an application filed by The Sherwood Heights Mobile Home Park for a use variance from Article 3.15 of the Zoning Ordinance for property located at 2009 Hamburg Pike. The applicant's request is to allow four lots in the mobile home park to be used by recreational vehicles for permanent dwelling. The property is zoned MP (Mobile Home Park). Charles Murphy, Attorney for Sherwood Heights Mobile Home Park appeared before the Board confirmed he received the oath and stated the following: • Requesting that they be allowed to use 4 spaces for recreational vehicles out of 126 total lots; • The RV's will be used as dwellings; • The park was designed for six spaces for RV use; • RV's will be hooked up to all utilities; • Under pinned and skirts will be installed; • The recreational vehicles will be under a one year lease; • Under Indiana regulations the Health Department approves the design of a mobile home park, which this was approved by the Health Department with these spaces being designed for recreational vehicles; • The recreational vehicles will not be visible outside of the park; • The recreational vehicles will be a newer model than the existing mobile homes in the park; • There are two spaces that are currently being occupied by recreational vehicles; • One of the recreational vehicles that is proposing to come is worth hundreds of thousands of dollars; • This individual is corning because he is being temporarily assigned to the area to work, he already owns a home and doesn't want to sell it; • They lease the pad that the recreational vehicles sits on and pay a monthly basis; and • The shortest lot will fit a 38' recreational vehicle. No phone calls or letters were received in opposition or in favor of this application. Jeffersonville Board of Zoning Appeals — June 25, 2013 Page 2 of 8 Rita Fleming made a motion that nothing less than 30' recreational vehicles are allowed, seconded by Mary Pat Boone. Motion was voted on a 2 -2 -1 with Rita Fleming and Mary Pat Boone voting in favor of the motion; Marty Chalfant and Josh Rodriquez vote against the motion; and Mike McCutcheon abstaining from voting. Thereafter, the Board made the following Findings of Fact: 1. The variance of use would be injurious to the public health, safety, morals, and general welfare of the community; 2. The use and value of the adjacent areas to the subject property are adversely affected; 3. The need for a variance does not stems from a condition unusual or peculiar to the subject property itself; 4. The strict application of the terms of this Ordinance would not result in an unnecessary hardship if they were applied to the subject property; and 5. The approval of the variance does contradict the goals & objectives of the Comprehensive Plan. Based on the findings described above, the Board denies the Use Variance on a vote of 4- 1 with Rita Fleming voting in favor of this application. c) BZA -13 -19 The next item to come before the Board is an application filed by Billy Price for a Special Exception Use and Development Standards Variance for a property located at 2640 Middle Road. The applicant is proposing to operate an auto sales business (open air, limited mechanical services or body shop). This use is a special exception in the C2 Zoning District (Medium to Large Scale General Commercial Article 4.15). The applicant is also requesting a variance from the sign standards to allow a second ground sign in lieu of the one sign maximum. Billy Price appeared before the Board confirmed he received the oath and stated the following: • I have an auto repair shop at this location would like to add auto sales; • Sign will be in front of the other building, proposing two ground signs; and • There will be no vehicles in the display area in need of repair. Shane Corbin stated to the Board that the Plan Commission voted to send a favorable recommendation for the rezoning to the City Council. Jeffersonville Board of Zoning Appeals — June 25, 2013 Page 3 of 8 No phone calls or letters received in favor or in opposition to this application. Mary Pat Boone made a motion that they cannot exceed more than 8 vehicles for sale at one time, seconded by Marty Chalfant. Motion passed on a vote of 5 -0 Marty Chalfant made a motion that they expand their existing sign to allow the advertising of the auto sale; sign must remain in regulation of our sign standards, seconded by Mary Pat Boone. Motion passed on a vote of 5 -0. Thereafter, the Board made the following Findings of Fact: 1. The special exception will not be injurious to the public health, safety, moral, and general welfare of the community; 2. The requirements and development standards for the requested use as prescribed by this Ordinance will be met; 3. Granting the special exception will not subvert the general purposes served by this Ordinance and will not permanent injure other property or uses in the same district and vicinity; and 4. The proposed use will be consistent with the character of the district therein, the spirit and intent of the Zoning Ordinance, and the Jeffersonville Comprehensive Plan. Based on the findings described above, the Board approved the Special Exception Variance on a vote of 5 -0. d) BZA -13 -20 The next item to come before the Board is an application filed by Teresa Whitlow for two Development Standards Variance for property located at 726 East Court Avenue. The applicant is proposing to build a detached garage and is requesting a variance from the minimum side yard setback (Article 3.8 of the Zoning Ordinance) to allow the garage to be built zero feet from the side property line in lieu to the 18 -foot maximum (Article 3.8). The property is zoned R3 (Old City Residential). Teresa and Alan Whitlow appeared before the Board they both confirmed they received the oath and state the following: • The house has never had a garage and would like to construct on off the alley at the rear of the property; • The neighbor next door is okay with the garage being on the property line; and • The garage facade will match the house. Jeffersonville Board of Zoning Appeals —June 25, 2013 Page 4 of 8 No phone calls or letters were received in opposition or in favor of this application. Thereafter, the Board made the following Findings of Fact: 1. The variance of the development standards would not be injurious to the public health, safety, moral, and general welfare of the community; 2. The use and value of the area adjacent to the property included in the variance would not be affected in a substantially adversely affected; and 3. The strict application of the terms of the Ordinance would result in a practical difficulty. This situation shall not be self imposed, nor be based on a perceived reduction of or restriction of economic gain. Based on the findings described above, the Board approved the Development Standards Variances on a vote of 5 -0 as presented. e) BZA -13 -21 The next item to come before the Board is an application filed by Leisure Living Homes, LLC, for a development standards variance from Article 7.17, GS -01, of the Zoning Ordinance for property located at 1914 E. 10 Street (the vacant lot at the corner of 10 Street and Woodland Court). The applicant's request is to allow an off - premise sign that advertises the Liberty Pointe Subdivision. The property is zoned C 1 (Small to Medium Scale General Commercial) and is in the Commercial Corridor Overlay District. Ron Culler appeared before the Board confirmed he received the oath and stated the following: • Requesting a directional sign for Liberty Pointe Subdivision; • Using the sign as a marketing tool, the development would not have proceed without Leisure Living; • Location of sign does not interfere with traffic; and • The sign has been at this location for over a year. No phone calls or letters were received in opposition or in favor of this application. Marty Chalfant made a motion that the applicant must re -apply for the variance every year, seconded by Mary Pat Boone. Motion passed on a vote of 5 -0. Thereafter, the Board made the following Findings of Fact: 1. The variance of the development standards would not be injurious to the public health, safety, moral, and general welfare of the community; Jeffersonville Board of Zoning Appeals — June 25, 2013 Page 5 of 8 2. The use and value of the area adjacent to the property included in the variance would not be affected in a substantially adversely affected; and 3. The strict application of the terms of the Ordinance would result in a practical difficulty. This situation shall not be self imposed, nor be based on a perceived reduction of or restriction of economic gain. Based on the findings described above, the Board approved the Development Standards Variances on a vote of 5 -0. f) BZA -13 -22 The next item to come before the Board is an application made by Tracy Hughes for a Special Exception from Article 7, Section 7.28 Fireworks Standards, for property located at 2750 Allison Lane. The request is to allow a tent for temporary sales of fireworks from late June to mid July. The property is zoned C2 (Medium to Large Scale General Commercial). Rory Stutzman appeared before the Board confirmed he received the oath and stated the following: • Setting up a tent in the Meijer parking lot to sell fireworks; • This is a fund raiser for the church; and • Been doing this for years and have a good standing with the Fire Department. No phone calls or letters were received in opposition or in favor of this application. Thereafter, the Board made the following Findings of Fact: 1. The special exception will not be injurious to the public health, safety, moral, and general welfare of the community; 2. The requirements and development standards for the requested use as prescribed by this Ordinance will be met; 3. Granting the special exception will not subvert the general purposes served by this Ordinance and will not permanent injure other property or uses in the same district and vicinity; and 4. The proposed use will be consistent with the character of the district therein, the spirit and intent of the Zoning Ordinance, and the Jeffersonville Comprehensive Plan. Based on the findings described above, the Board approved the Special Exception Variance on a vote of 5 -0. Jeffersonville Board of Zoning Appeals — June 25, 2013 Page 6 of 8 g) BZA -13 -23 The next item to come before the Board is an application filed by Frederick Leachman for a Development Standards Variance from Article 7.5, AS -02, of the Zoning Ordinance for property located at 905 Nachand Lane. The applicant is proposing to build a fourth accessory structure, a carport, in lieu of the maximum of three that is permitted. The property is zoned R3 (Old City Residential). Fred Leachman appeared before the Board confirmed he received the oath and stated the following: • Recently bought a new truck and would like to install a carport between the shed and the garage; • Carport will be attached to the garage; and • Concrete pad is already there where the carport will be located. Shane Corbin stated that he received one letter from a neighbor concerned about drainage. Thereafter, the Board made the following Findings of Fact: 1. The variance of the development standards would not be injurious to the public health, safety, moral, and general welfare of the community; 2. The use and value of the area adjacent to the property included in the variance would not be affected in a substantially adversely affected; and 3. The strict application of the terms of the Ordinance would result in a practical difficulty. This situation shall not be self imposed, nor be based on a perceived reduction of or restriction of economic gain. Based on the findings described above, the Board approved the Development Standards Variances on a vote of 5 -0. Appointments (continued) Josh Rodriquez opened the floor for nominations of officers for 2013. Mike McCutcheon made a motion to affirm Linda Mills for Secretary to the Board of Zoning Appeals, seconded by Mary Pat Boone. Motion passed on a vote of 5 -0. Josh Rodriquez made a motion to appoint Marty Chalfant as Chairperson, seconded by Mike McCutcheon. Motion passed on a vote of 5 -0. Mike McCutcheon made a motion to appoint Josh Rodriquez as Vice Chairperson, seconded by Rita Fleming. Motion passed on a vote of 5 -0. Jeffersonville Board of Zoning Appeals — June 25, 2013 Page 7 of 8 7) Reports from Officers, Committees, and Staff None. 8) Adjournment There being no further business to come before the Board, the meeting was adjourned at 8:05 p.m. (1 1Q- rit Rodrique �� : irperson rp erson Submi ed by L inda Mills, Secretary Jeffersonville Board of Zoning Appeals —June 25, 2013 Page 8 of 8 1