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HomeMy WebLinkAboutBZA July 30, 2024 MINUTES OF THE JEFFERSONVILLE BOARD OF ZONING APPEALS July 30, 2024 Call to Order Chairman Mike McCutcheon calls to order the Board of Zoning Appeals meeting. It is Tuesday, July 30, 2024, it is 6:33 pm in the City Council Chambers, Jeffersonville City Hall, 500 Quartermaster Ct., Jeffersonville, Indiana. The meeting was held in person and streamed live on the City's website and City's Facebook page. Roll Call Chairman Mike McCutcheon was present. Other members present were Duard Avery, Dennis Hill, and David Stinson. Also present were Planning & Zoning Attorney Mr. Merkley, Planning and Zoning Director Chad Reischl, Planner Shane Shaughnessy, and Secretary Zachary Giuffre. Kelli Jones was absent at the time of roll call. (Secretary's Note: All drawings, letters, photos, etc. presented before the Board of Zoning Appeals on this date can be found in the office of Planning & Zoning.) Approval of Minutes Approval of the minutes from June 25, 2024. Mr. Hill made a motion to approve the June 25, 2024 minutes, seconded by Mr. Stinson. Roll call vote. Motion passed 4-0. Approval of Findings of Fact Approval of the Findings of Fact. Mr. Hill made a motion to adopt the Findings of Fact for the June 25, 2024 docket items, seconded by Mr. Stinson. Roll call vote. Motion passed 4-0. Approval of the Docket Approval of the Docket. Mr. Hill made a motion to approve the docket, seconded by Mr. Stinson. Roll call vote. Motion passed 4-0. Oath Les Merkley administered the oath. When you speak, please state your name and acknowledge you took the oath. Old Business None New Business BZA-24-35 Development Standards Variance Edward Tankersley filed a Development Standards Variance for the property located at 3602 Pennsylvania Avenue. The applicant requests a variance from the standards for minimum front yard setback, accessory structure placement, deck intent, deck size, and deck height. The property is zoned R2 (Single Family Residential — Medium Lot). The docket number is BZA-24- 35. 1 Edward Tankersley stated he took the oath and the following: • I want to build a 10 x 30 deck which is almost identical to my neighbor's deck. It is only 16.5ft from the sidewalk. The code requires 22ft; however, that would make my deck only 4ft in width. • I have 50 signatures from my neighbors in support of the project. Chad Reischl stated generally we do not allow wooden decks in the front of houses; however, there are a number of them in this neighborhood. If designed well and is well-maintained, it should not become nuisance over time. Open public comment No comment Closed public comment. Move to findings The Board of Zoning Appeals of the City of Jeffersonville, having heard the application for variance described above, and all opposition from parties claiming to be adversely affected thereby, does now enter the following findings: 1. The variance of the development standards will not be injurious to the public health, safety, morals, and general welfare of the community. 2. The use and value of the area adjacent to the property included in the variance will not beaffected in a substantially adverse manner. 3. The strict application of the terms of the Zoning Ordinance will result in a practical difficulty. This situation shall not be self-imposed, nor be based on a perceived reduction of or restrictionof economic gain Based on the findings described above, the Board does now approve this application. So ordered this 30th of July, 2024. BZA-24-36 Development Standards Variance Signarama Dixie filed a Development Standards Variance for the property located at 1220 Missouri Avenue. The applicant requests a variance from the standards for total cumulative area of signage, awning sign size, monument sign height, monument sign placement, and wall sign size. The property is zoned NS (Institutional Uses). The docket number is BZA-24-36. Jason Brown stated he took the oath and the following: • We are asking the committee to approve signage for a name change. The hospital will change all of their signs to have the Norton Healthcare branding. • The current signs exceed the ordinance; however, these were already approved with the previous tenant. 2 • We are not proposing any signage that is going to exceed what is currently there with one or two small exceptions. Chad Reischl stated this is one of the cases where you have to determine where there is a practical difficulty. There is no other facility in town like this. They are not significantly adding signage to the site. We are bringing this property into compliance. Open public comment No comment Closed public comment. Move to findings The Board of Zoning Appeals of the City of Jeffersonville, having heard the application for variance described above, and all opposition from parties claiming to be adversely affected thereby, does now enter the following findings: 1. The variance of the development standards will not be injurious to the public health, safety,morals, and general welfare of the community. 2. The use and value of the area adjacent to the property included in the variance will not beaffected in a substantially adverse manner. 3. The strict application of the terms of the Zoning Ordinance will result in a practical difficulty. This situation shall not be self-imposed, nor be based on a perceived reduction of or restrictionof economic gain Based on the findings described above, the Board does now approve this application. So ordered this 30th of July, 2024. BZA-24-37 Use Variance Troy Corbin filed a Use Variance for the property located at 2020 E. 10th Street. The applicant requests to establish a flex space business park. The property is zoned C1 (Commercial — Medium Scale) and M2 (Multi-Family Residential — Medium Scale). The docket number is BZA- 24-37. John Kraft stated he took the oath and the following: • We are appearing on behalf of the engineer Jason Copperwaite. • This property is made up of 8 different parcels. Some of the property is zoned C1 and other zoned M2. Ultimately, there is practical difficulty with regards to the development of this property. • These would be flex suites. • We have met with staff and they have indicated some conditions to be imposed. The second condition provided that only uses in the C1 and IN zone would be allowed. • This is will have to come in for a development standards review 3 Jason Copperwaite stated he took the oath and the following: • The trade shops would face 10'h St. • Some areas would be dedicated for detention. • One of the comments from the staff shows that the National Wetlands Inventory Map has property here. One stipulation would be that the project be developed in phases. • Mr. Corbin would like to develop the north corner and proceed with development as phasing moves back towards Woodland Court. • We would work with staff to buffer the uses on the southwest side. Troy Corbin stated he took the oath and the following: • We appreciate the opportunity to work with new businesses. • This is in a sweet spot where we believe a lot of entrepreneurs would like to set up. Chad Reischl stated this is probably one of the better use variance applications I have heard. There are remains of an old street that never got a zoning classification. He is bringing something new and different to town. This is kind of industrial and commercial at the same time. We need to set some rules in place. Our take would be to use the IN (Industrial Neighborhood), enforce the Commercial Corridor Overlay District Standards, and allow the commercial sign standards to apply. Chad Reischl stated there is one letter in your packet from John Macy who was concerned about drainage. Open public comment No comment Closed public comment Mr. Avery stated the Mayor and the Council have worked on 10th St. This is the last area that is kind of blah or blighted. The mitigation shouldn't take too much for this, should it? Dick Wathen got a grant through the state to straighten the drainage out. There has been one instance where the water got over Springdale. This is creating a miniature business park. There is no significant wetland area; there are only dispersed ponds. Mr. McCutcheon stated we are glad that you won't be ripping everything out at once. I think allowing some of the existing greenspace to stay in phases will keeps some of the neighbors happy. Mr. Hill asked will this be accessed from Woodland Court? Jason Copperwaite stated there will eventually be a connection to Woodland Ct.; however, the main entrance would be on E. 10'h St. Troy Corbin stated there are utility capabilities on both sides. Move to findings The Board of Zoning Appeals of the City of Jeffersonville, having heard the application for the variance described above, and all opposition from parties claiming to be adversely affected thereby, does now enter the following findings: 4 1. The variance of use will not be injurious to the public health, safety, morals, and general welfare of the community. 2. The use and value of the area adjacent to the property will not be adversely be affected. 3. The need for the use variance does result from conditions unusual or peculiar to the subject property itself. 4. The strict application of the terms of the Jeffersonville Zoning Ordinance would result in an unnecessary hardship in the use of the property. 5. The approval of the variance would not contradict the goals and objectives of the Comprehensive Plan. Based on the findings described above, the Board does now approve this application with the following conditions: 1. The future Development Plan for this project shall meet the development standard requirements of the IN (Industrial — Neighborhood) zoning district AND commercial corridor overlay district. with the exception of sign standards which can be governed by the C1 (Commercial — Medium Scale) zoning district standards. Any deviation from these standards would need to be approved by the Board of Zoning Appeals. 2. Only uses allowed under the C1 zone district shall be allowed. All unit rentals shall require a certificate of zoning compliance. 3. The applicant shall commit to further studying existing wetlands on the property and preserving or mitigating said wetlands where possible. 4. The applicant shall also create a tree preservation plan for the site (especially where it abuts residential uses) and a phasing plan for development to ensure that the entire site is not cleared of vegetation without expectation of development. So ordered this 30th of July, 2024. BZA-24-38 Special Exception New Hope Services, Inc. filed a Special Exception for the property located at 1302 Wall Street. The applicant requests to establish a 7-12 unit multi-family residential dwelling. The property is zoned C1 (Commercial — Medium Scale). The docket number is BZA-24-38. Alan Applegate stated he took the oath and the following: • New Hope services received approval from the Board of Zoning Appeals to allow for a similar use with the same use on March 29, 2023 for adults 55 and older. Now, we are aiming to create housing for young adults aging out of foster care from 18 to 22 years of age. • The grant funds did not come through for the previous approval. We are 12 months from the date of approval of the Special Exception, so it has expired. • I am representing New Hope and I am also on the board for New Hope. 5 • The exterior footprint should not change. There may be amenities put in; however, that could be items like picnic tables that are similar for apartment usage. • Chad's staff report indicates that this will be consistent with the character of the district therein. Chad Reischl stated this is straightforward. This board approved an extremely similar special exception a year ago. Open public comment No comment Closed public comment Mr. McCutcheon did we write that we wanted good landscaping for the property in the prior approval? We just want to make sure that the landscaping is nice and inviting. We will just trust you. Move to findings The Board of Zoning Appeals of the City of Jeffersonville, having heard the application for variance described above, and all opposition from parties claiming to be adversely affected thereby, does now enter the following findings: 1. The special exception will not be injurious to the public health, safety, moral, and general welfare of the community; and 2. The requirements and development standards for the requested use prescribed by this Ordinance will be met; and 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 does now approve this application. So ordered this 30th of July, 2024. Reports from Director and Staff None Adjournment There being no further business to come before the Board of Zoning Appeals, the meeting was adjourned at 7:14 pm. Mike McCutcheon, Chair Saimitted by: Zachary Giuffre, Secretary 6 IF YOU PLAN TO SPEAK BEFORE THE BOARD OF ZONING APPEALS PLEASE SIGN YOUR NAME AND ADDRESS BELOW. THANK YOU! DATE: ' a _g-- SPEAKER SIGN-IN SHEET JEFFERSONVILLE BOARD OF ZONING APPEALS NAME Please Print Clearly ADDRESS 1. S C d-f--\ PI ALI 603 /v . si10 D 1Z (77s1 a 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16.