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HomeMy WebLinkAboutNOVEMBER 1, 2016 MINUTES OF THE JEFFERSONVILLE BOARD OF ZONING APPEALS November 1, 2016 1) Call to Order A meeting of the Jeffersonville Board of Zoning Appeals was held on Tuesday, November 1, 2016 at 7:33 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: None. Also present were Linda Mills, Secretary, Shawn Dade, Planning & Zoning Coordinator, Nathan Pruitt, Planning & Zoning Director, and Les Merkley, Planning & Zoning Attorney. 3) Approval of Minutes Upon a motion made by Christopher Fox and seconded by Connie Sellers, the minutes of the regular meeting September 27, 2016 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) New Business 1) BZA-16-62 The next item to come before the Board was an application filed by Mac's Convenience Stores requesting variances.from the development standards for property located at the corner of 10th Street and Eastbrook Boulevard. The proposed development is a gas station and convenience store. Greg Fifer appeared before the Board confirmed he received the oath and stated the following: { Jeffersonville Board of Zoning Appeals Meeting—November 1, 2016 Page 1 of 6 • Proposing a convenient store with gas pumps, which is a permitted use in the C2 District; • We are requesting three variances; • Two of them are very typical, one is the gabled roof and the second is parking distribution; • We are also requesting a variance for the entrance drive width; • The width of the entrance is consistent with the ordinance until we get to the end were they flare out and the ordinance requires that the line be used for the measurement; • Of the findings one is that the approval will not be injurious to the public health, safety, moral and general welfare of the community and this is a permitted use in this district so this is self-evident; and • The second is the use and value of the area adjacent to the property included in the variance would not be affected in a substantially adverse manner, I would like to submit a letter from Kevin Burns a Commercial Real Estate Broker stating that it is his belief that this project will not adversely impact property values of any adjacent properties. Jason Copperwaite appeared before the Board confirmed he received the oath and stated the following: • This is a 6-acre tract at the intersection of Eastbrook Boulevard and E 10th Street; • The site feature two entrances one on Eastbrook Boulevard and a new access right across from Vissing Park Drive; • Your ordinance requires a 26' drive width on a local street and a 30' wide on an arterial street, which is 10th Street; • This is measured at the right of way, the straight line portion of the drive would meet the ordinance but when you put in the radius where they flare out it makes it slightly wider; • We have a width of 32' instead of the 26' on Eastbrook Boulevard and a width of 38' on 10th Street; • The building has a very attractive fagade with parapet walls on all four sides; and • The parking distribution is because this is a corner lot and we have two fronts and the use of the building does not require parking in the back. No letter of phone calls 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 adverse manner; and c. Jeffersonville Board of Zoning Appeals Meeting—November 1, 2016 Page 2 of 6 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. 2) BZA-16-63 The next item to come before the Board is an application filed by Angela Ray requesting special exception for a child care institution for property located at 812 Penn Street. The applicant is requesting a special exception use for the IS (Institutional) district to allow a day reporting center for at-risk youth. Angela Ray appeared before the Board confirmed she received the oath and stated the following: • Basically we are a social service agency; • The day reporting center is a way to provide a safe place for youth to come for fours a day; • It will be in operations Monday thru Friday from 2:30 p.m. till 7:30 p.m.; • The maximum number of youth at one time would be eight; i • The programs move around the community so they would not be at 812 Penn Street all the time; and • The kids are dropped off at this location. Olivia Hilton, 2741 Charlestown Road, New Albany appeared before the Board confirmed she received the oath and stated the following: • This program is amazing and very successful; • It helps with getting jobs; • A lot of the kids come in with rough circumstances and this is great with coping and communication skills; and • This program has changed by life greatly. 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 prescribed by this Ordinance will be met; Jeffersonville Board of Zoning Appeals Meeting—November 1,2016 Page 3 of 6 r 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 contingent upon approval of re-zoning to IS (Institutional) from the City Council. 3) BZA-16-64 The next item to come before the Board is an application filed by Toby's Lawn & Landscape requesting variances from the development standards for property located at 1622 Fabricon Boulevard. The applicant is proposing an accessory structure and requesting variances from the accessory structure size. Kevin Toby appeared before the Board confirmed he received the oath and stated the following: • Proposing to add an accessory structure at the back corner of the property; • The accessory will be used to store salt, top soil and outside storage; • Would like to increase the size from 1,000 square feet to 1, 536; and • Received approval from the Plan Commission to line the proposed building with the main existing building. 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 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. Jeffersonville Board of Zoning Appeals Meeting—November 1,2016 Page 4 of 6 4) BZA-16-65 The next item to come before the Board is an application filed by James D Tolle requesting variances from the development standards for property located at 1016 Springdale Drive. The applicant is requesting a variance for accessory structure size for an addition to an existing garage. James Tolle appeared before the Board confirmed he received the oath and stated the following: • Proposing to build on back of the garage 22' for a total square footage of 1,416; and • Will be using this for storing equipment and there will be no living quarters. Shawn Dade stated that he received one letter in support of this application. Christopher Fox stated that he would suggest that the homeowner have a survey conducted on this property. 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; i 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. 7. Reports from Officers, Committees, and Staff Nathan Pruitt stated that they released a 10 page report on housing and workforce development within the City and what we project to happen. Did not print off packets or reports for you tonight but I will e-mail you this information. 8. Adjournment There being no further business to come before the Board, the meeting was adjourned at 7:58 p.m. r `. _ Jeffersonville Board of Zoning Appeals Meeting—November 1,2016 Page 5 of 6 I VVI. Mike cCutcheon, Chairperson Submitted,jDy dn'n­d'a' ills, Secr ary Jeffersonville Board of Zoning Appeals Meeting—November 1,2016 Page 6 of 6