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HomeMy WebLinkAboutDECEMBER 6, 2016 MINUTES OF THE JEFFERSONVILLE j BOARD OF ZONING APPEALS December 6, 2016 1) Call to Order A meeting of the Jeffersonville Board of Zoning Appeals was held on Tuesday, December 6, 2016 at 7:11 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, and Mike McCutcheon. Those Members not present: Connie Sellers. 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 Rita Fleming, the minutes of the regular meeting November 1, 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-16-66 The next item to come before the Board was an application filed by RSC Development Group, LLC requesting development standards variance for property located at 55069 Highway 62. The proposed development is an 8,263 square foot medical clinic. According to the letter of intent, this will not be related to substance abuse of behavioral health. The property is located within the Commercial Corridor Overlay District. The property requires an access easement due to no street frontage. The development requires Board of Zoning Appeals approval of variances on Minimum Lot Frontage, Maximum Lot Coverage, and distribution of parking. Jeffersonville Board of Zoning Appeals Meeting—December 6, 2016 Page 1 of 10 David Sanders appeared before the Board confirmed he received the oath and stated the following: • We are proposing a development of a medical center on Lot#2; • We are requesting variances of minimum lot frontage, lot coverage and parking distribution; and • This is a 0 frontage lot which we do have easement agreement in the works and will be recorded once the minor plat has been signed. Shawn Dade stated that they received one letter in regards to this application and it stated concern regarding drainage in this area. 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 3-0 as presented. 2) BZA-16-73 The next item to come before the Board is an application filed by RSC Development Group, LLC requesting development standards variance for property located at 5506 Highway 62. The proposed development is a 15,000 square foot medical clinic. The property is located within the Commercial Corridor Overlay District. The development requires Board of Zoning Appeals approval of variances. Prior variances granted (BZA- 15-39) were to not have a gabled roof and to allow 85% lot coverage. The variances they are requesting is Maximum Height of Structure and Parking Distribution. David Sanders appeared before the Board confirmed he received the oath and stated the following: • The building that was previously approved was 14,260 square feet the new building is 15,000 square feet building; • Because of the medical clinic we did eliminate a 10,000 square foot building and re-arranged the parking; and • Requesting variance for parking distribution and maximum height. Jeffersonville Board of Zoning Appeals Meeting—December 6, 2016 Page 2 of 10 No phone calls or letters were received in opposition or in favor of this application. C 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 3-0 as presented. 3) BZA-16-67 The next item to come before the Board is an application filed by Curt Rafferty requesting development standards variance for property located at 1914 E. 10th Street on the corner of 10th Street and Woodland Court. The proposed development is a 7,500 square foot commercial retail store. The development requires Board of Zoning Appeals approval of the following variances: Minimum Lot Area, Minimum Lot Width, Maximum Lot Coverage, and Fence Height, Entrance/Drive location, Entrance/Drive new, and Gabled roof. William McDonough appeared before the Board confirmed he received the oath and stated the following: • We are requesting a few variances; • This is a corner lot, the road frontage on Woodland Court is closer but the frontage on 10th Street meet the standards; and • We also have some issues with the rear parking, the front of the building faces 10th Street and we do have some parking in the rear. Nathan Pruitt stated that they worked with staff with the design team and engineering team and they made some substantial changes to better align with our parking distribution and we are pleased with the plan. Christopher Fox stated that he would like to speak against the 36' variance on the entrance drive, we have seen this in the past on other projects that we have reviewed, I need some clarification as to why we need to extend the entrance width to 36' instead of the standard 24'. Jeffersonville Board of Zoning Appeals Meeting—December 6, 2016 Page 3 of 10 William McDonough stated that the reason is for semi-truck maneuvering, extending the width will allow all maneuvering on site. i Mike McCutcheon stated that the Fire Department is in favor of a wider entrance. William McDonough stated that they will install sidewalks at this location. 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 3-0 as presented. 4) BZA-16-68 The next item to come before the Board is an application filed by Terri Foster requesting development standards variance for property located at 1508 Fabricon Boulevard. Variances from the following standards for a new accessory structure: accessory structure size. The proposed structure will be 1,152 square feet. The applicant appeared before the Plan Commission for a waiver from the setback standards. No representation at the meeting. Nathan Pruitt stated the following: • This is a minor issue; • They are requesting the accessory structure to be 152 square feet over the maximum square feet of 1,000; • This is located in an industrial park; and • Not any concerns regarding this application. No phone calls or letters were received in opposition or in favor to this application. Thereafter, the Board made the Following Findings of Fact: Jeffersonville Board of Zoning Appeals Meeting—December 6, 2016 Page 4 of 10 I. 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 3-0 as presented. 5) BZA-16-69 The next item to come before the Board is an application filed by Laura Lindley requesting variances from the development standards for property located at 319 East Riverside Drive. The applicant is requesting variances from the development standards. The applicant would like to put a shed in the back yard, and is requesting a variance of 3 feet instead of 5 feet for the side setback. The applicant has gone before the Landmark Commission and received approval on July 20, 2015. If approved, applicant must not add/increase gravel lot behind the proposed shed. Laura Lindley appeared before the Board confirmed she received the oath and stated the following: • Requesting to erect a shed 3' from the property line as oppose to 5'; • The lot is only 55' wide and the preliminary master plan called for 3'; and • There is a letter in the packet from the neighbor who states they have no concerns. Nathan Pruitt stated that in her packet there is a notation of gravel behind the shed next to the alley, please explain as to what this gravel is used for. Laura Lindley stated the following: • The gravel is a parking area; and • Laid gravel to park their truck and trailer. Nathan Pruitt stated that the City does not currently allow a gravel surface it must be a hard surface. You will need to address that at some point to bring the gravel surface into compliance. Christopher Fox suggested that a survey be completed prior to construction of the accessory structure. Jeffersonville Board of Zoning Appeals Meeting—December 6, 2016 Page 5 of 10 No phone calls or letters were received in opposition or in favor of this application. r i 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 3-0 as presented. 6) BZA-16-70 The next item to come before the Board is an application filed by Martin Pelayo requesting variances from the development standards for property located at 1507 Utica Pike to construct a new garage. Variances from the following standards for a new accessory structure: accessory structure size. The proposed structure will be 1,200 square feet. Martin Pelayo appeared before the Board confirmed he received the oath and stated the following: • Would like to erect a garage and increase the square footage to 1,200 square feet in lieu of the 1,000 square feet maximum. Mike McCutcheon asked if he had any intent on making the garage a livable structure. Martin Pelayo stated that he did not have any intention to turn the garage into living quarters. Christopher Fox suggested that he has a survey conducted prior to building the garage. Nathan Pruitt stated that gravel driveway is not allowed and a home occupation cannot be conducted from the accessory structure. No phone calls or letters were received in opposition or in favor of this application. Thereafter, the Board made the Following Findings of Fact: s r Jeffersonville Board of Zoning Appeals Meeting—December 6, 2016 Page 6 of 10 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 3-0 as presented. 7) BZA-16-71 The next item to come before the Board is an application filed by Donald Whiteside requesting variances from the development standards for property located at 419 West Market Street. The applicant is requesting a setback of 18 feet in the front yard instead of the 20 feet setback to enclose the front porch. Donald Whiteside appeared before the Board confirmed he received the oath and stated the following: • I came to get a permit for a shed then I saw a crack on the existing porch and when I pulled out the board I saw that everything was falling apart; and • I was only going to do a repair then I realized that I had to replace the whole thing. Nathan Pruitt stated the following: • He original came in for a shed permit; • But now he is actually enclosing the front porch; and • It is perturbing out further than where it stands today so it is in the front yard setback. Shawn Dade stated that he received several phone calls concerned about making sure everything was inspected and that the proper permits were pulled. 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 Jeffersonville Board of Zoning Appeals Meeting—December 6, 2016 Page 7 of 10 I 3. The strict application of the terms of the Ordinance would result in a practical I 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 3-0 as presented. 8) BZA-16-72 The next item to come before the Board is an application filed by Autumn Ridge Apartments for approval to place an off premises sign in the public right of way. The apartment has frontage on Vissing Park Road and would like to locate their sign along frontage of Highway 62/10th Street. Currently the sign has been placed without Planning & Zoning approval and does not conform to the sign standards. The adjacent property owner does not want the sign placed on their property. Lisa Turner appeared before the Board confirmed she received the oath and stated the following: • Changed the face of the existing sign to match the new standards of Autumn Ridge Apartments; • I contacted Nathan earlier in the year then I contacted the sign company for a rendering of the sign so I could present it to the Board but the sign company moved forward and installed the sign in October; • 1 quickly contacted the Planning & Zoning Department and I followed their instructions; and • The new face is an improvement. Nathan Pruitt stated the following: • I was contacted much earlier in the year by the applicant for a face changed and I explained that this is an off-premises sign, it is not on your property and we don't permit those without a variance; and • The sign itself, the style and type are not compliant with our standards and to our understanding it is also in the right-of-way, which is also not permitted. Jennifer Kaiser, 3521 Sunrise Circle appeared before the Board confirmed she received the oath and stated the following: • Live in Seilo Ridge Subdivision for 16 years; • Noticed new sign a couple of months ago; • The sign looks temporary and doesn't keep with the ordinance; • Being that it is an off-premise sign and is on private property you will have other apartment complexes ask for the same off-premise sign; Jeffersonville Board of Zoning Appeals Meeting—December 6, 2016 Page 8 of 10 • There are about twelve other apartment complexes within a one mile radius that following the same guidelines as Autumn Ridge; l • They are not on 10th Street but are very close to 10th Street; • I thought we was trying to clean up 10th Street; and • The sign should not be allowed to stay there, it is not appropriate. Aaron Phillips, 9300 Shelbyville Road appeared before the Board confirmed he received the oath and stated the following: • I'm here on behalf of Hogan Holdings 43 LLC we are the owners of the corner parcel; and • We strongly oppose the sign as it obstructs the visibility of our property. Rita Fleming stated that this sign looks like the type of sign we see when a new development place and they are given a small amount of time to advertise their development and it is expected that the sign will come down. Les Merkley stated that he understand the request for the variance for the sign, this is in a public right-of-way, this is not on private property, the sign will come down because it is in the public right-of-way. 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 denied the development standard variances on a vote of 3-0 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 7:58 p.m. Jeffersonville Board of Zoning Appeals Meeting—December 6, 2016 Page 9 of 10 C Mike McCutcheon, Chairperson X by ls, Secr ary Jeffersonville Board of Zoning Appeals Meeting—December 6,2016 Page 10 of 10