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HomeMy WebLinkAboutAPRIL 26 2016 MINUTES OF THE JEFFERSONVILLE BOARD OF ZONING APPEALS April 26, 2016 1) Call to Order A meeting of the Jeffersonville Board of Zoning Appeals was held on Tuesday, April 26, 2016 at 8:16 p.m. in the Council Chambers, First Floor, Jeffersonville, City Hall, 500 Quartermaster Court, Jeffersonville, Indiana. Vice Chairperson, Brent Roberts 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, Brent Roberts and Connie Sellers. Those Members not present: Mike McCutcheon. Also present were Linda Mills, Secretary, Nathan Pruitt, Planning & Zoning Director, and Les Merkley, Planning & Zoning Attorney. 3) Approval of Minutes Upon a motion by Rita Fleming and seconded by Christopher Fox, the minutes of the regular meeting March 22, 2016 meeting 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) Old Business • BZA-16-23 The next item to come before the Board is an application filed by Greater Clark County Schools Corporation for an appeal of the director's decision regarding the requirement for a use variance for properties at 1611 and 1620 E. 10th Street. The properties are zoned C2 (Medium to Large Scale General Commercial) and are part of the Commercial Corridor Overlay District. This application has been requested to be tabled. Jeffersonville Board of Zoning Appeals Meeting—April 26, 2016 Page 1 of 15 Therefore, upon a motion made by Connie Sellers and seconded by Rita Fleming to table this application until the next scheduled meeting. Motion passed on a vote of 4-0. • BZA-16-26 The next item to come before the Board is an application filed by Greater Clark County Schools Corporation for an appeal of Notice of Violation regarding property at 301 E. 11th Street. This application has been requested to be tabled. Therefore, upon a motion made by Connie Sellers and seconded by Rita Fleming to table this application until the next schedule meeting. Motion passed on a vote of 4-0. • BZA-16-30 The next item to come before the Board is an application filed by America's Window requesting variances from the development standards for property located at 1609 Cameron. The proposed development is the expansion of an existing house. The property is zoned R1 (Low Density Residential). The applicant is requesting various development standards variances. j Arnold Farler appeared before the Board confirmed he received the oath and stated the following: • About the middle of January I signed a contract with American Windows to replace the roof on my carport; • The overhang is too close to the property line; and • I just want to upgrade the roof on the carport. 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. Jeffersonville Board of Zoning Appeals Meeting—April 26, 2016 Page 2 of 15 Based on the findings described above, the Board approved the development standard variance on a vote of 4-0 as presented. 6) New Business • BZA-16-34 The next item to come before the Board was an application filed by Dustin Isaac requesting a special exception use for property located at 2015 E. 10th Street. The proposed development is a used car sales lot. Dustin Isaacs appeared before the Board confirmed he received the oath and stated the following: • Requesting a special exception for a pre-owned auto dealership; • This is a previously auto dealership; • The lighting is already in place; and • The striping of the lot is already there from the previously dealership. Nathan Pruitt stated the following: i • The development plan was approved at the Plan Commission Meeting and that a special exception is needed; • This was applied for before the moratorium took effect; and • The existing lot is already paved, striped and set up for this type of use. No phone calls or letters were received in favor or in opposition to 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 prescribed by this Ordinance will be met; 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. Jeffersonville Board of Zoning Appeals Meeting—April 26, 2016 Page 3 of 15 Based on the findings described above, the Board approved the Special Exception use on a vote of 4-0 as presented. I • BZA-16-35 The next item to come before the Board was an application filed by Dustin Isaac requesting development standards variances for property located at 2015 E. 10th Street. The proposed development is a used car sales lot. Dustin Isaac appeared before the Board confirmed he received the oath and stated the following: • The lighting that is already there is the exact lighting that Gray & Wells have next door; • The maximum lot coverage the lot is already paved; and • The parking variance for 100% of parking in front of the building that is a must for an auto dealership. Nathan Pruitt stated the following: • This is an existing paved lot; • It has a entry point off of 10th Street; • He is putting a structure on the site; and • There are existing conditions on site that warrants the variances. 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 variance on a vote of 4-0 as presented. • BZA-16-36 ` Jeffersonville Board of Zoning Appeals Meeting—April 26, 2016 Page 4 of 15 The next item to come before the Board is an application filed by ARC requesting variances from the development standards for property located at the southeast corner of Veterans Parkway and Hamburg Pike. The applicant is requesting variances from the development standards from the following standards for a gas station: parking, entrances/drives, and gable roof standards. Jason Sams appeared before the Board confirmed he received the oath and stated the following: • Was approved at the Plan Commission for our development plan and now requesting 3 to 4 variances; • This property was approved in 2011 but the development plan and variances have expired; • Received a favorable report from the staff on the current application; • Asking for 4 variances on being more parking in front of the building; • Asking for the elimination for any parking in the rear of the building; • Requesting that the entrance drive be wider that the 25' width, this is an private access drive; • Requesting this for delivery trucks plenty of room to maneuver; and • Requesting a non-gable roof. Connie Sellers asked what the traffic pattern would be like. Jason Sams stated the following: • They will be coming off Hamburg Pike or Veterans Parkway; • They will go through the Loop Road that is already there and connect with our lot; • The interior road is private part of a larger plan provided by property owner; • We have an access agreement; • Previously application applied showed 28 spaces we have scaled down to 15 spaces and enhance the landscaping; and • The dumpster will be enclosed. No phone calls or letter were received in favor or in opposition to 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 Jeffersonville Board of Zoning Appeals Meeting—April 26, 2016 Page 5 of 15 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 variance on a vote of 4-0 as presented. • BZA-16-37 The next item to come before the Board is an application filed by America Place requesting variances from the development standards for property located at Salem and Trey Streets. The applicant is requesting variances from the development standards from the following standards for the expansion of an industrial facility: off street parking standard. Scott Hannah appeared before the Board confirmed he received the oath and stated the following: • Requesting a variances because there is too many parking spaces in front of the building; • TENNECO Auto Supplier is a growing company and there is need for the additional parking; • Requesting 144 additional parking spaces; and • There will be 250 spaces in front and this is needed because of shift change. No phone calls or letter were received in favor or in opposition to 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 variance on a vote of 4-0 as presented. Jeffersonville Board of Zoning Appeals Meeting—April 26, 2016 Page 6 of 15 • BZA-16-38 The next item to come before the Board is an application filed by Posco requesting variances from the development standards for property located at 5140 Loop Road. The applicant is requesting variances from the development standards from the following standards for an office building: Maximum height and entrances/drives. Josh Hillman appeared before the Board confirmed he received the oath and stated the following: • The State of Indiana through the port is the land owner and has signed off on the application; • Posco is a steel manufacturing company; • This will be a manufacturing plant; • Maximum height requesting is 79' for their manufacturing process; • Entrance drive allowing greater than 28' which has been consistent with other industrial facilities; and • We are not meeting the required percentage of parking because the nature of the industrial facility that parking is not in line with the operation. No phone calls or letter were received in favor or in opposition to 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 variance on a vote of 4-0 as presented. • BZA-16-39 The next item to come before the Board is an application filed by Laura Harbison requesting variances from the development standards for property located at 413 Main Street. Jeffersonville Board of Zoning Appeals Meeting—April 26, 2016 Page 7 of 15 i The applicant is requesting variances from the development standards from the following standards for a duplex home: Front yard setback, side yard setback. i Laura Harbison appeared before the Board confirmed she received the oath and stated the following: • The property is owned by Pinnacle Properties LLC/ Christopher Nolan; • He currently owns several properties around Clark County both old and new; • This parcel is located on Main Street between Charlestown Avenue and East Park Place; • The lot is vacant and is a legal non-conforming lot; • The property is currently zoned MI; • It is surrounded by the most part of property that are zoned R3 (Old City Residential); • The parcel is across the street of the back of Maple Elementary School; • There is a four-plex also near the site; • Under the current zoning the lot needs to be 70' in width and have 20' side yard setbacks; and • This property is only 50' in width so we are requesting variances for the side yard, rear yard and front yard setbacks. Wayne Strobel 6806 Longview Beach Road appeared before the Board confirmed he received the oath and stated the following: • Not sure what a M 1 zoning is; • My primary objection is a duplex because it is a tiny lot; • My wife and I own the house next door; • It has the same size lot with a 640 square foot house; • It is a very small house and all the houses around it are very small homes; and • Will it be a two-story duplex. Laura Harbison stated the following: • This will be a one story duplex; • 1,000 square feet side by side; and • No on the lot parking and will allow no additional structures but for the duplex. Wayne Strobel stated the following: • The backyard will become their parking; • Objects to the setbacks that the applicant is requesting; • There are nice houses in the area; and • Everything is small single family homes. Jeffersonville Board of Zoning Appeals Meeting—April 26, 2016 Page 8 of 15 Sherry Lopp 120 E Park Place appeared before the Board and confirmed she received the I oath and stated the following: • Oppose to the duplex; and • Concerned about parking and vision clearance as you come out of the alley. Josh Rodriquez 200 Kewanna Drive, City Councilman appeared before the Board confirmed he received the oath and stated the following: • I think this property is what they would call a shot gun lot; • The neighborhood association does not like the duplex; • Concerned about parking; and • The neighborhood association does like new development but the duplex is a concern. Margaret Nickolaisen 411 Main Street appeared before the Board confirmed she received the oath and stated the following: • Would like to know if this would be for low income housing. Justin Brock 123 E Charlestown Avenue appeared before the Board confirmed he received the oath and stated the following: • The main concern is the parking situation; and • If it was street parking only it would be very difficult to turn out of the alley. Laura Harbison stated the following: • I believe that having any sort of parking pad or driveway in the rear yard would require a variance; • This is not in the plan because there would be no yard; and • If the people were to park in the yard that would be handle by a local ordinance violation. Rita Fleming stated that she likes to see an empty lot being developed but a reduction of 75% of the side yard setback is a big stretch, requesting a variance for just 5' from the property line. Laura Harbison stated this is not inconsistent with the neighborhood. Nathan Pruitt stated that the ordinance states that 5' is the minimum side yard setback. Rita Fleming stated that she is excusing herself from the vote as she owns property nearby. Jeffersonville Board of Zoning Appeals Meeting—April 26, 2016 Page 9 of 15 No phone calls or letter were received in favor or in opposition to this application. 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 denied the development standard variance for lack of majority on a vote of 1-2-1 as presented. • BZA-16-40 The next item to come before the Board is an application filed by Richard Phillips requesting a use variance for property located at 111 Willinger Lane. The applicant is requesting a use variance in order to operate a landscaping business at this location. Richard Phillips appeared before the Board confirmed he received the oath and stated the following: • The property is zoned C2; • Would like to use the property for a small landscape company; • The property was used as a pallet business before and I have already cleaned the property up; and • I have already improved the property. Nathan Pruitt stated that the property is currently zoned C2 the landscape business is only permitted as a special use in C 1. We felt that it was okay to do a use variance for this location but the applicant will need to do some screening. Richard Phillips stated that he would install a fence around the property. 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; Jeffersonville Board of Zoning Appeals Meeting—April 26, 2016 Page 10 of 15 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 approved the Use Variance on a vote of 4-0 with the following condition: • Must work with staff on screening the property. • BZA-16-41 The next item to come before the Board is an application filed by Jess Abby requesting a special exception use for property located at 1605 Utica Pike. The proposed development is a marine sales center. Tony Warner appeared before the Board confirmed he received the oath and stated the following: • Wanting to do retail sales out of this location; • This has been a storage facility for marine use for several years; • We are in the process of purchasing the property; • There are three buildings on the property and the boats will be stored in the buildings; and • The property is across from Jeff Boat. Josh Rodriquez appeared before the Board confirmed he received the oath and stated the following: • The property is currently a boat facility and is in support of this application. 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; Jeffersonville Board of Zoning Appeals Meeting—April 26, 2016 Page 11 of 15 2. The requirements and development standards for the requested use prescribed by this Ordinance will be met; 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 approved the Special Exception use on vote of 4-0 as presented. • BZA-16-42 The next item to come before the Board is an application filed by Chi Trinh requesting a special exception use for property located at 605 Chippewa Drive. The proposed development is a one chair hair salon. Chi Trinh appeared before the Board confirmed she received the oath and stated the following: • Requesting a one chair beauty salon; • Will be by appointment only; and • Will have parking in my driveway and along the street. Josh Rodriquez 200 Kewanna Drive, City Councilman appeared before the Board confirmed he received the oath and stated the following: • The neighborhood was aware that Ms. Trinh had a room addition approved last month; • The neighborhood was ok with that; • But now to put a business on a road that is already highly congested is not a good idea; • We can of feel that we have been a little manipulated by this process. • One of the neighbor's have had trash in her yard from this property; • We do feel that this will reflect property taxes in a negative way; and • We do feel that this will be harmful to the neighbors and the neighborhood. Jacob Conrad 606 Chippewa Drive appeared before the Board confirmed he received the oath and stated the following: • Lives directly across the street from the applicant; Jeffersonville Board of Zoning Appeals Meeting—April 26, 2016 Page 12 of 15 • If you remember from the last meeting regarding the room addition I told you that this would be the tip of the iceberg; • Our neighborhood is not for businesses; • If she would like to run a business she needs to take it to 10`" Street where there is businesses; • Parking is an issue on this street; and • This will cause more vehicles to be parked on the street and that is why I'm opposing to this application. Kenneth Hughes stated that he has received seven letters in opposition to this application and one letter in favor of this application. Connie Sellers stated the following: • You wanted a room addition for your daughter, the neighbors brought up the fact that it would be used as a business and I feel like we were misled; • I know this area well and I don't believe this is the right place to have additional traffic; and • This is not the right area for a business. Christopher Fox stated the following: i • I'm a little discouraged that when you appeared before as the last time we took you under oath that you was going to use this room addition for a bedroom for your daughter; and • Now you are coming before us tonight asking to do exactly what you said you were not going to do before. Chi Trinh stated the following: • I build my daughter a bedroom; • I will be using the living room for just one station; • The neighbor called and said I cut hair; • Code Enforcement came to my house and looked into each one of my rooms; • My salon will be in the living room. Les Merkley stated that where the salon is located in your house is not the issue. You did state at the last meeting under oath that you was coming before this Board to have an additional bedroom now you are back in front of them saying you want to use this for a home business. Christopher Fox stated you denied the fact that you wanted to operate a business out of home the last time you appeared before this Board. Jeffersonville Board of Zoning Appeals Meeting—April 26, 2016 Page 13 of 15 Rita Fleming stated that a home business that is not desire by the neighbors is not a good idea. 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 prescribed by this Ordinance will be met; 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 denied the Special Exception use on vote of 4-0 as presented. 13)BZA-16-43 The next item to come before the Board is an application filed by Popeyes requesting variances from the development standards for property located at 1625 Veterans Parkway. The applicant is requesting variances from the development standards from the following standards for a restaurant: Permanent sign standards. A stop work order was placed on the sign on Friday, April 15, 2016 for construction of an illegal sign. Rodney Kistner appeared before the Board confirmed he received the oath and stated the following: 0 We would like to have as part of the monument sign out front a LED digital reader board; • I understand that there is a requirement of a 60 minute static required message; and • We use a corporate approve sign vendor and I believe the received the sign permit for the building but was asked to file for a variance for the monument sign with LED. Nathan Pruitt stated the following: - Jeffersonville Board of Zoning Appeals Meeting—April 26, 2016 Page 14 of 15 • On April 2015 the sign standards was adopted; • This is when we included LED in our sign code which permitted them; • Popeyes come to us in September of 2015 with a development plan that was approved by the Plan Commission; • A 8' 10" stone monument base sign was approved; • LED are required to be only 4' in height; and • This has not happened just once but has happened several times. Rodney Kistner stated the following: • You see the reader boards that are out there that you slide the letters in and out and turn yellow; and • The reason we decided to put one in is because we love Culvers sign. Nathan Pruitt stated that 4' if the maximum height of a sign with a LED reader board. Rodney Kistner withdrew the application. 14)BZA-16-09 The next item to come before the Board is the findings of fact for application located at 1604 Allison Lane. The petitioner appeared at public hearing held by the BZA on January 26, 2016. Therefore, upon a motion made by Christopher Fox and seconded by Connie Sellers to accept the findings as presented. Motion passed on a vote of 4-0. 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 9:58 p.m. Brent Roberts, Vice Chairperson Submitte by I Mills, Se etary Jeffersonville Board of Zoning Appeals Meeting—April 26, 2016 Page 15 of 15