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HomeMy WebLinkAboutBZA January 28, 2025 MINUTES OF THE JEFFERSONVILLE BOARD OF ZONING APPEALS January 28, 2025 Call to Order Board President Mike McCutcheon calls to order the Plan Commission meeting. It is Tuesday, January 28, 2025, it is 6:30 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 Board President Mike McCutcheon and board members Duard Avery, Kelli Jones, David Stinson, and Dennis Hill were present in the City Council Chambers. Also present were Planning & Zoning Attorney Les Merkley, Planning and Zoning Director Chad Reischl and Secretary Shane Shaughnessy. (Secretary's Note: All plat maps, public letters, photos, etc. presented before the Plan Commission on this date can be found in the office of Planning & Zoning.) Approval of Minutes Approval of the minutes from December 3, 2024. Ms. Jones made a motion to approve the December 3, 2024 minutes, seconded by Mr. Stinson. Roll Call vote. Motion passed 5-0. Approval of Minutes Approval of the Findings of Fact from December 3, 2024. Ms. Jones made a motion to approve the December 3, 2024 minutes, seconded by Mr. Stinson. Roll Call vote. Motion passed 5-0. Approval of the Docket Motion to approve the agenda made by Mr. Hill, seconded by Mr. Stinson. Roll call vote. Motion passed 5-0. 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-25-01 Development Standards Variance David Fonseca filed a Development Standards Variance for the property located at 920 Wood Alley. The applicant requests variances from the standards for accessory structure placement. The property is zoned R4 (Single Family Residential —Old Town). The docket number is BZA- 25-01. 1 David Fonseca stated he took the oath. He said he was trying to build a pole barn garage for his client. The lot is located in an alley and wants to put a garage that he can use because he can't put a house on the lot. Mr. Reischl said that the parcel is unusual as that it only has alley frontage. Staff does have • concerns that this may turn into a nonresidential use in the residential neighborhood. Usually when someone builds a garage, its associated with their own residence which isn't the case here and may end up as a business or nonresidential storage use. Open public comment Susan West of 728 Penn Street said she took the oath and stated that she is aware of the property owner and has spoken to him. She is in favor of allowing a garage to be built there. The property is well maintained and regularly mowed. Closed public comment Ms. Reed asked where the owner of the property lives in relation to the property. Mr. Fonseca said he lives about a block or so away from the property. Mr. Fonseca said that the owner will use the garage to park his vehicle and maybe store some things he owns. Mr. Avery said that the applicant has some property listed for him and asked if he should recuse himself. Mr. Merkley said he probably should. 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 be affected 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 restriction of economic gain. Based on the findings described above, the Board does now approve this application. So ordered this 28th of January, 2025. BZA-25-02 Development Standards Variance Virginia Leon filed a Development Standards Variance for the property located at 1416 Northaven Drive. The applicant requests variances from the standards for minimum front yard setback. The property is zoned R2 (Single Family Residential — Medium Lot). The docket number is BZA-25-02. Virginia Leon of 1416 Northaven Drive stated she took the oath. She said she is looking to build a one-story garage on her property that would be closer to the sidewalk than is allowed. Mr. Reischl stated that the front corner of the garage would be 9 feet from the front property line instead of the allowed 19 feet. He said the lot is unusual with the house tilted to the corner of the lot. Staff feels that it may be possible to meet the standards but would require significant hardship of moving a deck and pool. Because the garage is relatively small and the applicant is siding the building in similar materials to the main house, Staff doesn't have an issue with the 2 variance. He said that he had received a number of letters that were from people in support of the application. Open public comment No comment Closed public comment Ms. Jones asked how the garage would be accessed. Ms. Leon stated it would be from the existing driveway. Mr. Reischl stated that if she were going to meet all of the development standards, she would have to place the garage in the rear of the property and build a secondary driveway. 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: 4. The variance of the development standards will not be injurious to the public health, safety, morals, and general welfare of the community. 5. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner. 6 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 restriction of economic gain. Based on the findings described above, the Board does now approve this application. So ordered this 28th day of January, 2025. BZA-25-03 Development Standards Variance Julie Scarborough filed a Development Standards Variance for the property located at 1439 E. 10" Street. The applicant requests variances from the standards for monument sign height and sign distance to the public right-of-way. The property is zoned C2 (Commercial — Large Scale). The docket number is BZA-25-03. Julie Scarborough works at 1826 Berry Boulevard in Louisville and stated she took the oath. She is working with the owners of the Legacy Shoppes, formerly Youngstown Shopping Center, to place a multi-tenant monument sign on the property as part of the redevelopment of the shopping center. The sign would be a 24 foot tall pylon sign placed at the main entrance near Dollar Tree. Mr. Reischl stated that this fairly well aligns with the commercial area of 10th Street. There is a similar sized sign across the street for that strip mall. Larger signs have been allowed at larger commercial sites that have multiple tenants. Staff doesn't have an issue with the sign as proposed. Open public comment No comment Closed public comment 3 Mr. McCutcheon said that he was impressed with the work being done to the shopping center and that it benefits the long term vision of the area and that having a visible sign will hopefully help the revitalization of the complex. Ms. Jones said that she felt is was appropriate to have a larger sign for a multi-tenant complex. She said the 24 feet may be a little taller than what has been approved elsewhere but it was a small issue. 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: 7. The variance of the development standards will not be injurious to the public health, safety, morals, and general welfare of the community. 8. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner. 9 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 restriction of economic gain. Based on the findings described above, the Board does now approve this application. So ordered this 28th of January, 2025. BZA-25-04 Special Exception Bachman Properties, LLC filed a Special Exception for the 9.5-acre properties located on the 1700 block of Veterans Parkway. The applicant requests to establish an Auto Sales (with Showroom and/or Full Services) business on the property. The property is zoned C2 (Commercial — Large Scale). The docket number is BZA-25-04. John Campbell with Heritage Engineering stated they took the oath. He is with Steve and Theresa Bachman with Bachman Properties and attorney Alex Geddes. The site would contain 3 tracts of land, one close to Veterans Parkway to display vehicles and one to hold the majority of the use. There would be two dealership brands located on the site. They have completed a conceptual plan showing the areas where buildings, parking, and storage would likely be placed and that a Development Plan will be filed in the future will more specific details. Mr. Reischl said that Staff doesn't have an issue with this use on this commercial area of Veterans Parkway. Staff does feel that care should be given to ensure there are no negative impacts on the existing residential neighborhoods to the north of the property. While there are buffer standards, adding some additional landscaping or a fence would also be helpful. Open public comment No comment Closed public comment Mr. Avery said this was a designated commercial area that would be appropriate for this use and that a berm may be appropriate to shield the neighboring residences. Ms. Jones said she agreed but doesn't like berms due to maintenance and growing issues. She would rather see a solid fence and some additional landscape buffers. 4 Mr. Hill said he agrees that the houses should be protected and that adding a berm or fence would be important. Mr. Campbell acknowledged the board's comments and said that he would look at a fence and/or berm to shield the adjoining neighborhood. Mr. Reischl said that the addition of a berm and/or fence would be added as a condition of approval. 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 with the condition that a berm and/or fence be installed along the rear of the property. So ordered this 28th of January, 2025. BZA-25-05 Development Standards Variance B Sign Group, Inc. filed a Development Standards Variance for the property located at 2915 Charlestown Pike. The applicant requests variances from the standards for electronic displays/digital signage (EDDS) distance to residentially-zoned properties, monument sign height, and EDDS message area. The property is zoned NS (Institutional Uses). The docket number is BZA-25-05. Megan Swearinger with B Sign Group and Nate Koets with Greater Clark County Schools stated they took the oath. Ms. Swearinger stated that they are working with the School District for the signage at the new Pike Elementary School. There would be a sign placed on two sides of the property, one on Veterans Parkway and one on Charlestown Pike. They are also seeking variances for the height of the sign and the visibility of the electronic message boards. Mr. Reischl said that Staff was fine with the size of the sign and the additional signage. He said that he was fine electronic signs on Veterans Parkway but cautioned that the Charlestown Pike would be across from residences on Charlestown Pike and that care should be given to not create issues with the adjoining neighbors. Ms. Swearinger said the signs would be well off the road and would be perpendicular to the road so that it could be seen by drivers. The sign would not exceed 7,000 nits which is what is recommended for electronic message boards. The light would not spill over the property line based on its location and orientation. Mr. Koets stated the District selected this type of sign to dial back the brightness of the signage during the night or even turn them off if needed. 5 Open public comment Glen Richardson of 6 Charlestown Court said he took the oath and was representing the neighbors directly across from the school. He said the neighbors had questions about the brightness of the sign and said that ask long as the sign is dialed back and perpendicular to the road, the neighbors don't have an issue. He had a question about the entrance next to the nursing home that cuts across to Veterans Parkway and if it was going to be a bus route and if there was anything going to be done to mitigate traffic issues on Charlestown Pike. Closed public comment Mr. Koets said that the School District wants to be good neighbors and will work to mitigate the effects of this signage by dialing back the brightness. Ms. Swearinger said that they had already planned to dial back that brightness at night. 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: 10. The variance of the development standards will not be injurious to the public health, safety, morals, and general welfare of the community. 11. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner. 12. 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 restriction of economic gain. Based on the findings described above, the Board does now approve this application. So ordered this 28th of January, 2025. Report from Director's and Staff None Adjournment There being no further business to come before the Board of Zoning Appeals, the meeting was adjourned at 7:43 pm. f6Lr27 Mike McCutcheon, Chair Secret 6