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Home My WebLink AboutAugust 27, 2013 MINUTES OF THE JEFFERSONVILLE BOARD OF ZONING APPEALS August 27, 2013 1) Call to Order A meeting of the Jeffersonville Board of Zoning Appeals was held on Tuesday, August 27, 2013 at 7:00 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, Josh Rodriquez, and Rita Fleming. Those Members not present: Mike McCutcheon. 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 Mary Pat Boone and a second by Rita Fleming, the minutes of the regular meeting July 30, 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 -17 The next item to come before the Board was an application filed by Springhurst Investments, LLC for a Special Exception Use for the property located at 308 East Chestnut Street. The applicant is proposing to operate an assisted living facility and this requires a special exception in the M2 Zoning District (Article 3.11 Medium Density Multifamily Residential District). Jeffersonville Board of Zoning Appeals Meeting — August 27, 2013 Page 1 of 5 This application has been withdrawn. b) 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 twenty -five (25) foot minimum. The property is zoned C 1 (Small to Medium Scale General Commercial). Jim Schindler appeared before the Board confirmed he received the oath and stated the following: • The American Legion has been located in Jeffersonville for 95 years; • Went from a 11,000 square feet building to a 4,000 square feet and have accumulated a lot of stuff over the years; • The storage building is 10 X 16 with a tin roof, will be adding a skirt around the building and paint facade the same as primary building; • No electric will be added; and • Will be willing to add some landscaping around the shed from Eighth Street. 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 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 4 -0 with the following condition: • Landscaping must be installed around the shed that faces Eighth Street. c) BZA -13 -33 The next item to come before the Board is an application filed by The Hamburg Pike Church of Christ for a Development Standards Variance from Article 7.20, PK -06 Parking Standards, for the property located at 3108 Hamburg Pike. The requested Jeffersonville Board of Zoning Appeals Meeting — August 27, 2013 Page 2 of 5 variance would allow parking spaces to be installed such that 19 percent are in front of the building and 91 percent to the side. The parking standards require a minimum of 10 percent of the spaces be installed to the rear of the building and a maximum of 70 percent to the side. The property is zoned IS (Institutional Uses). Jason Copperwaite appeared before the Board on behalf of The Hamburg Pike Church of Christ confirmed he received the oath and stated the following: • This project is an expansion of the existing church; • Proposing to construct a multipurpose building with new driveway and parking areas to the side; • Have received approval from the Drainage Board and Plan Commission; • The site is 2.7 acres and meets all setback requirements; • The back of the property has a slope which makes it difficult to install parking; and • The buffer and landscaping meets the ordinance. 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 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 4 -0 as presented. d) BZA -13 -34 The next item to come before the Board is an application filed by Gwendolyn Martin for a Use Variance for property located at 4611 Charlestown Pike. The requested variance is from Article 3.5, Permitted Uses of the R2 District, to allow a second dwelling on the property. The property is zoned R2 (Medium Density Residential). Gwendolyn Martin appeared before the Board confirmed she received the oath and stated the following: • Requesting a variance to allow another dwelling on property; Jeffersonville Board of Zoning Appeals Meeting — August 27, 2013 Page 3 of 5 • The dwelling will be a modular home for daughter and her children; • Check with the sewage department and received their approval; and • The modular home will be 26 X 68. Shane Corbin state that this would not be out of character for this area; it does not make sense to subdivide this lot. 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 not 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 approved the Use Variance on a vote of 4 -0 as presented. e) BZA -13 -35 The next item to come before the Board is an application filed by Benjamin Balser for a Development Standards Variance for property located at 3412 Seilo Ridge North. The requested variance is from Article 7.6, Fence and Wall Standards, to allow a six (6) foot privacy fence in the front yard that is adjacent to Windmill Lane. The property is zoned R2 (Medium Density Residential). Benjamin Balser appeared before the Board confirmed he received the oath and stated the following: • Would like to put a fence off Windmill Lane; • Will not interfere with vision on the corner and will be located 6' from sidewalk; • A space for our dog to run; and • Windmill Lane is extremely busy and would like a 6' fence for privacy. Jeffersonville Board of Zoning Appeals Meeting — August 27, 2013 Page 4 of 5 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 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 4 -0 as presented. 6) Reports from Officers, Committees, and Staff None. 7) Adjournment There being no further business to come before the Board, the meeting was adjourned at 7:22 p.m. Marty Chal . n', Chairperson Submitt by 'Linda Mills, Secretary Jeffersonville Board of Zoning Appeals Meeting — August 27, 2013 Page 5 of 5