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HomeMy WebLinkAboutJuly 30th, 2013 MINUTES OF THE JEFFERSONVILLE BOARD OF ZONING APPEALS July 30, 2013 1) Call to Order A meeting of the Jeffersonville Board of Zoning Appeals was held on Tuesday, July 30, 2013 at 8:12 p.m, in the Council Chambers, First Floor, Jeffersonville, City Hall, 500 Quartermaster Court, Jeffersonville, Indiana. Chairperson, Marty Chalfant called the meeting to order. 2) Roll Call The roll was called by the Planning & Zoning Director, Shane Corbin and those Members present were: Mary Pat Boone, Marty Chalfant, Mike McCutcheon, Josh Rodriquez, and Rita Fleming. Those Members not present: None. Also present were Linda Mills, Secretary, Shane Corbin, Planning & Zoning Director, Dan Matson, Planning & Zoning Coordinator and Les Merkley, Planning & Zoning. Attorney. 3) Approval of Minutes Upon a motion by Josh Rodriquez and a second by Mary Pat Boone, the minutes of the regular meeting June 25, 2013 and the minutes of the special meeting July 9, 2013 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 a) BZA-13-13 The next item to come before the Board was an application filed by Eddie Sprigler for a Special Exception Use and Development Standards Variance for a vacant property located on Coopers Lane. This property is known as Lot "A" of the Georgia Crossing, Section Two, Subdivision, and it contains two parcels (10-21-03-500-886.000-009 & 10- Jeffersonville Board of Zoning Appeals Meeting —July 30, 2013 Page 1 of 9 1 21-03-500-887.000-009) and a total area of 5.2 acres. The applicant is proposing to build a contractor office and this requires a special exception use in the Cl Zoning District (Article 4.13). The proposed site plan requires variances from two development standards: minimum front-yard setback for parking (Article 7.20) and detention pond edge (Article 7.13). This application has been withdrawn. b) BZA-13-26 The next item to come before the Board is an application filed by Brian Donaghy for a Use Variance and Development Standards Variances for property located at 4016 Utica Sellersburg Road. The property is zoned Il (Business Park/Light Industrial). The use variance is requested to allow a recycling center. The applicant is requesting variances from the following development standards: an eight (8) foot fence in the front yard in lieu of the five (5) foot maximum, a forty (40) foot entrance in lieu of the twenty-six (26) foot maximum, and a gravel parking surface in lieu of the required pavement. Jack Vissing appeared before the Board confirmed he received the oath and stated the following: • The Board approved this use variance with the same variances back in 2008; and • The site is now an automobile junk yard. Brian Donaghy appeared before the Board confirmed he received the oath and stated the following: • Have been in the scrap metal recycling business for about ten years; • This site was approved with ISA in 2008 and at that time they decided not to proceed with the project; and • I have resigned from ISA and going into business for myself and would like to open the recycling facility. Jack Vissing stated the following to the Board: • Would like to run a scrap metal business rather than a junk yard; • A new entrance and landscaping will be installed; • Requesting a 8' fence along the right side of the property to screened residential neighbors; • They will take fluids out of the cars and will have a facility where they can drain the fluids, it would not drain onto the ground; • An environmental engineer firm will monitor the runoff water and ground water; and Jeffersonville Board of Zoning Appeals Meeting —July 30, 2013 Page 2 of 9 • Requesting a variance for the use of the facility also requesting a variance for the gravel lot the higher fence. Jason Campbell appeared before the Board confirmed he received the oath and stated the following: • Work with Brian when he was with ISA; • Looked at the compatibility along Utica Sellersburg Road, one of the things we prepared is the streetscape along the roadway; • Will be installing a 8' solid metal fence and in addition will also be planting evergreens and deciduous trees to entrance; • Re-aligning the current entrance to match Keystone Boulevard, will replace existing driveway with grass and plants; • Concrete will be removed along the current drainage ditch and will provide a green area along the stream; • Entrance drive and parking will be paved; • 30' setback along two railroad tracks will be filled in with trees and fence along east property line; and • The hours of operation will be 8:00 a.m. to 4:30 p.m. Monday thru. Friday. 8:00 a.m. to Noon on Saturday. 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 use will 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 will not be adversely affected; 3. The need for a 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; and 5. The approval of the variance does not contradict the goals & objectives of the Comprehensive Plan. Based on the findings described above, the Board denied the Use Variance on a vote of 3- 2 with Mike McCutcheon and Mary Pat Boone voting in favor of this application. c) BZA-13-27 Jeffersonville Board of Zoning Appeals Meeting —July 30, 2013 Page 3 of 9 The next item to come before the Board is an application filed by Jason Cehic for a Use Variance for property located at 1419 Truckers Boulevard. The property is zoned 12 (Industrial Park/Heavy Industrial) and the use variance is requested from Article 4.23 of the Zoning Ordinance to allow truck sales. Jason Cehic appeared before the Board confirmed he received the oath and stated the following: • Would like to sell semi trucks and trailers at the property; • Property was in bad shape when I purchased the property six months ago, I put in $30,000 worth of improvements of the property; and • Installed a 6' chain link fence for parking of semi trucks and trailers. Bob Miller, 1521 Waverly Road appeared before the Board confirmed he received the oath and stated the following: • The area already has a major water problem; and • Concerned about the lighting and noise of the business. Joshua Kimberger, 1504 Waverly Road appeared before the Board confirmed he received the oath and stated the following: • 6' fence would not be tall enough to shields from lights and noise; • Concerned about dust and drainage; and • Concerned about fumes from the trucks. Jason Cehic stated the following to the Board: • Would like to build a showroom in the future; • Would not be installing blacktop; and • The ditch in back of the property is supposed to take care of the water. No phone calls or letters received in favor or in opposition to this application. Thereafter, the Board made the following Findings of Fact: 1. The variance of use will 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 will not be adversely affected; 3. The need for a use variance does result from conditions unusual or peculiar to the subject property itself; Jeffersonville Board of Zoning Appeals Meeting —July 30, 2013 Page 4 of 9 4. The strict application of the terms of the Jeffersonville Zoning Ordinance would result in an unnecessary hardship in the use of the property; and 5. The approval of the variance does not contradict the goals & objectives of the Comprehensive Plan. Based on the findings described above, the Board approved the Use Variance on a vote of 5-0 as presented. d) BZA-13-28 The next item to come before the Board is an application filed by The Sprigler Company for a Special Exception Use for property located at 130 West Riverside Drive. The property is zoned NC (Neighborhood Commercial) and the requested variance from Article 4.5 of the Zoning Ordinance would allow a restaurant. Chad Sprigler appeared before the Board confirmed he received the oath and stated the following: • Would like to construct a restaurant in the former building of Brad Sprigler design; • Just a few weeks ago a grant was approved; • Filed with state construction plans, waiting on the release; and • Meets all the requirements for state, the improvements will be nice for the riverfront. Shane Corbin stated to the Board that this has potential to be a really nice anchor for this area. 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 as prescribed by this Ordinance will be met; 3. Granting the special exception will not subvert the general purposes served by this Ordinance and will not permanent injure other property or uses in the same district and vicinity; and Jeffersonville Board of Zoning Appeals Meeting —July 30, 2013 Page 5 of 9 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 Variance on a vote of 5-0. e) BZA-13-29 The next item to come before the Board is an application filed by Jim Schindler for a Development Standards Variance for property located at 801 Main Street. The requested variance would allow a shed to be located within seven (7) feet of the side property line in lieu of the fifteen (15) foot minimum. The property is zoned Cl (Small to Medium Scale General Commercial). Applicant was not there to present the project. Josh Rodriquez made a motion to table this application until the next schedule meeting, second by Mary Pat Boone. Motion passed on a vote of 5-0. f) BZA-13-30 The next item to come before the Board is an application filed by David Peper for a Development Standards Variance for property located at 4605 Slone Drive. The requested variance would allow a detached carport to be located one (1) foot from the side property line in lieu of the eight (8) foot minimum. The property is zoned R1 (Low Density Residential). Barbara Peper appeared before the Board confirmed she received the oath and stated the following: • Would like to install a carport beside our garage in order to keep our boat behind the front of the property and to protect the boat; • Submitted a letter from neighbors in support of this application; and • Extending the driveway behind the fence and will be installing gates on the front. 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 adversely affected; and Jeffersonville Board of Zoning Appeals Meeting —July 30, 2013 Page 6 of 9 3. The strict application of the terms of the Ordinance would 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 approved. the Development Standards Variance on a vote of 5 -0 as presented. g) BZA -13 -31 The next item to come before the Board is an application filed by Scott Amy for two Development Standards Variances for property located at 804 Foxglove Drive. `1'he requested variances from Articles 3.4 and 7.5 of the Zoning Ordinance would allow a detached carport to be one (1) foot from the side property line and be located in the front yard. The property is zoned R1 (Low Density Residential). Scott Amy appeared before the Board confirmed he received the oath and stated the following: • Has lived at this property since 1986 . and would like to apologize to the Board, was not aware that he needed a permit for a temporary building; • The carport has been installed; • 19' feet from the street in a gravel area; and • Cannot place the carport anywhere else on the property. One phone call was received in opposition to this application. Patricia Krall, 820 Foxglove Drive appeared before the Board confirmed she received the oath and stated the following: • Carport is not appropriate for this subdivision; and • The original convents would not allow this in the front yard. Scott Amy stated to the Board that the carport does match the exterior of the home. Thereafter, the Board made the following Findings of Fact 1. The variance of the development standards would 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 be affected in a substantially adversely affected; and Jeffersonville Board of Zoning Appeals Meeting —July 30, 2013 . Page 7 of 9 3. The strict application of the terms of the Ordinance would not 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 denied the Development Standards Variance on a vote of 5-0 as presented. h) BZA-13-32 The next item to come before the Board is an application filed by Martin Pelayo for a Development Standards 'Variance for property located at 1507 Utica Pike. The requested variance from Article 7.5 of the Zoning Ordinance would allow a L200 square-foot garage in lieu of the 1,000 square-foot maximum. The property is zoned R1 (Low Density Residential). Martin Pelayo appeared before the Board confirmed he received the oath and stated the following: • Would like to place a garage in back of the property; • Back of lot as alley access; • Overhead door will face the alley; and • Would like it big enough garage for a boat and couple of vehicles. No phone calls or letters were received in opposition or in favor of 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 adversely affected; and 3. The strict application of the terms of the Ordinance would result in a practical difficulty. This situation shall not be self irnposed, nor be based on a perceived reduction of or restriction of economic gain. Based on the findings described above, the Board approved the Development Standards Variance on a vote of 5-0 as presented. 6) Reports from Officers, Committees, and Staff A Complete Street Workshop is coming up on August 8, 2013. 7) Adjournment Jeffersonville Board of Zoning Appeals Meeting —July 30, 2013 Page 8 of 9 There being no further business to come before the Board, the meeting was adjourned at 9:21 p.m. 0 Marty C alfant, Chairperson SubmittO y z. „ inda Mills, Secretary Jeffersonville Board of Zoning Appeals Meeting —July 30, 2013 Page 9 of 9