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Home My WebLink AboutJUNE 28,2016 MINUTES OF THE JEFFERSONVILLE BOARD OF ZONING APPEALS June 28, 2016 1) Call to Order A meeting of the Jeffersonville Board of Zoning Appeals was held on Tuesday, June 2, 2016 at 7:00 p.m. in the Council Chambers, First Floor, Jeffersonville, City Hall, 500 Quartermaster Court, Jeffersonville, Indiana. Chairperson, Mike McCutcheon called the meeting to order. 2) Roll Call The roll was called by the Planning & Zoning Director, Nathan Pruitt and those Members present were: Rita Fleming, Christopher Fox, Mike McCutcheon and Connie Sellers. Those Members not present: Brent Roberts. Also present were Linda Mills, Secretary, Nathan Pruitt, Planning & Zoning Director, and Les Merkley, Planning & Zoning Attorney. 3) Approval of Minutes Mike McCutcheon stated that the approval of the minutes will be tabled until the next meeting. 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) New Business 1) BZA-16-52 The next item to come before the Board is an application filed by Douglas B Carlile requesting variances from the development standards for property located at 104 Hammons Lane. The applicant is requesting variances from the development standards from the following standards for a garage: side yard setback. Douglas Carlile appeared before the Board confirmed he received the oath and stated the following: • Would like to add a garage to the back part of the lot; Jeffersonville Board of Zoning Appeals Meeting—June 28, 2016 Page 1 of 5 • With the requirement of 12' it would cause us to take out a very large tree and a AT& T box; • We are requesting instead of the 12' to be 4' from the property line; • Spoke with neighbors and they were ok with the project; • The garage would be used for storage. Christopher Fox stated that he would suggest you have a survey done to protect you in the future. No phone calls or letters were received in favor or in opposition to 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 adverse manner; and 3. The strict application of the terms of the Ordinance would result in a practical difficulty. The 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 standard variance on a vote of 4-0 as presented. 2) BZA-16-53 The next item to come before the Board was an application filed by 1St Source Properties requesting variances from the development standards for property located at 2822 Sable Mill Road. The applicant is requesting variances from the development standards from the following standards for an RV storage facility: landscaping and setback standards. This application has been tabled until the July 26, 2016 meeting. 3) BZA-16-54 The next item to come before the Board is an application filed by Brandon Denton requesting development plan approval for property located on Peach Blossom Drive. The proposed development is an apartment complex. The applicant is requesting variance from the development standards from the following: Off-street Parking. Brandon Denton appeared before the Board confirmed he received the oath and stated the following: Jeffersonville Board of Zoning Appeals Meeting—June 28, 2016 Page 2 of 5 • Would like Heritage Engineering represent me in discussing the variances. Scott Hannah with Heritage Engineering appeared before the Board confirmed he received the oath and stated the following: • We did receive a waiver from the Plan Commission on the Amenity Standard; • We are requesting a variance an off-street parking variance; • The required spaces for this project is 660 but we are provided 264 parking spaces; • It is industry standards to do one and half to one; • Also requesting a garage variance, the requirements state that 50% of parking should have garages and we are requesting no garages; and • We found that we would be more successful with a higher percentage of two bedrooms; we will have 10 to 15% one bedrooms, 60 to 70% two bedrooms and 15% of three bedrooms. Connie Sellers stated that she is concerned about the parking; if you have three bedrooms and all three are driving you will be short parking spaces. Where are the visitors suppose to park. Scott Hannah stated that they are providing 415 parking spaces the difference between what they are providing and what is required is 245 spaces. Rita Fleming stated that this would be less impervious surface. No phone calls or letter were received in favor or in opposition to 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 adverse manner; and 3. The strict application of the terms of the Ordinance would result in a practical difficulty. The 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 standard variances on a vote of 4-0 as presented. 4) BZA-16-55 Jeffersonville Board of Zoning Appeals Meeting—June 28, 2016 Page 3 of 5 The next item to come before the Board is an application filed by Brandon Denton requesting a special exception use to operate a restaurant at a property located at 131 West Chestnut Street. Brandon Denton appeared before the Board confirmed he received the oath and stated the following: • Here today to request a special exception for a restaurant by the Big 4 Park; • This will be a pizza parlor/pub; • We are going to cook the pizza completely different than anyone else by using a huge wood fire oven; • The dough for the pizza will be made from scratch; • There will be a small garden out back and will use local vendors; • Will cure their own meats; • Will have an outdoor eating space; • Will not touch the exterior of the house and maintained the historical feature of the main house and carriage house; • Everything that will be done will be on the inside of the structures; • The outer area will be landscaped; • Planning on putting in some nice signage and bike racks but will have this all approved before installation; • The sunroom will be waiting area; • On the outside area there will be a horseshoe pit, fire pit and seating area by the carriage house; • The green space will be a special turf, it is very realistic looking; • Will be keeping the original hardwood floors, windows, and molding in the main house; • There will be a couple of walls removed in the upstairs area for more of a lounge type area; • There will also be a bar upstairs; • The carriage house will be a bar and seating area; and • The name of the restaurant will be called Parlour(people pizza and pints). Jerry Griffith, 220 Pearl Street appeared before the Board confirmed she received the oath and stated the following: • Not against the project just had a few questions; • My house is directly behind the carriage house; • My concerned about the bar in the carriage house is the noise; • What will be the hours of operation and the location of the dumpster; and • Concerned that the horseshoe pit will be very loud. Mike McCutcheon stated that there is a noise ordinance. Jeffersonville Board of Zoning Appeals Meeting—June 28, 2016 Page 4 of 5 Connie Sellers stated that if the dumpster is picked up before 7 am then called Code Enforcement. Brandon Denton stated that he will be a great neighbor; please communicate with use if you should have any issues. Nathan Pruitt stated that he received two letters in support 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 prescribed by this Ordinance will be met; 3. Granting the special exception will not subvert the general purposes of the Zoning Ordinance and will not permanently injure other property and uses in the same district; 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 use on a vote of 4-0 as presented. 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 7:38 p.m. � C Mike Mc utcheon, Chairperson Submitted y m a ills, Secre y Jeffersonville Board of Zoning Appeals Meeting—June 28, 2016 Page 5 of 5