HomeMy WebLinkAboutJUNE 2, 2016 MINUTES OF THE JEFFERSONVILLE
BOARD OF ZONING APPEALS
June 2, 2016
1) Call to Order
A meeting of the Jeffersonville Board of Zoning Appeals was held on Thursday, June 2,
2016 at 7:01 p.m. in the Council Chambers, First Floor, Jeffersonville, City Hall, 500
Quartermaster Court, Jeffersonville, Indiana. Chairperson, Mike McCutcheon 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, Mike McCutcheon and Connie Sellers.
Those Members not present: Brent Roberts. 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 April 26, 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
1) 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.
The applicant is requesting variances from the development standards from the following
standards for a duplex home: Front yard setback, side yard setback.
This application has been withdrawn.
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6) New Business
2) BZA-16-44
The next item to come before the Board was an application filed by Mister P Express
Trucking requesting variances from the development standards for property located at
801 Hilton Lane. The applicant is requesting variances from the development standards
from the following standards for a trucking school: off-street parking and
entrances/drives standards.
Nathan Grimes appeared before the Board confirmed he received the oath and stated the
following:
• Requesting three variances for our site plan;
• This will be a training facility for truck drivers;
• Proposing a two-story building with several truck bays;
• At the rear of the building there will be a maneuvering course;
• Parking lot in front of the building, the truck entrance and the location of the
parking lot are the three variances that we are requesting;
• We would like all the parking of vehicles up front because the rear of the building
is where the truck mobility will be performed; and
• Received approval from Plan Commission.
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 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.
3) BZA-16-45
The next item to come before the Board was an application filed by Jacobi, Toombs &
Lanz requesting variances from the development standards for property located at 250
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Hilton Drive. The applicant is requesting variances from the development standards from
the following standards for an industrial facility: off-street parking standards.
Joshua Hillman appeared before the Board confirmed he received the oath and stated the
following:
• Requesting approval of two variances;
• We did receive approval from the Plan Commission and River Ridge;
• We are requesting a variance that would allow the front parking area to encroach
the front yard setback;
• The reason we are requesting the variance, there is a large drainage pipe coming
through the site;
• We have exceeded the maximum of 30% of parking in front of the building; and
• This is consistent of other projects in River Ridge, the type and nature of the
development is conducive to have a large amount of parking along the side
because of the truck docks.
No phone calls or letters were received in opposition or in favor of this application.
Thereafter, the Board made the Following Findings of Fact:
4. The variance of the development standards would not be injurious to the
public health, safety, moral and general welfare of the community;
5. 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
6. 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
variances on a vote of 4-0 as presented.
4) BZA-16-46
The next item to come before the Board is an application filed by Carl Smith requesting a
use variance for property located at 1522 E. 10th Street. The applicant is requesting a use
variance in order to sell guns at this location.
Carl Smith appeared before the Board confirmed he received the oath and stated the
following:
• This is a jewelry store/pawn shop located at 1522 E. 10" Street;
• Seeking a variance to pawn and sell firearms;
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i
• We have obtained the federal license to see and buy firearms;
• ATF has inspected our store and computer systems and have approved the license;
i • We are regulated through ATF and also regulated through Indiana Department of
Financial Institute as a pawn shop;
• Indiana Department of Financial Institute comes in at least once a year and hook
up to our computers and check our pawn rate and interest;
• They inspect to make sure that the merchandise is taken care of properly and
secured; and
• We met all those needs and now seeking the variance.
Rita Fleming stated that public safety and gun sales is an oxymoron and doesn't see this
has being a good thing to have at this location.
Mike McCutcheon stated that he looks at it as it taking guns off the street and putting in
back in the legal system.
Carl Smith stated the following:
• If someone comes in to pawn a gun they are run through the system, if it comes
back that they have any felonies we are not allowed to turn the gun back over to
them;
• The Police Department will come in and pick the gun up and we have an
excellent relationships with Clark County Sheriff and Jeffersonville Police
Department; and
• We have a lot more responsibility than if someone was trying to purchase a gun
from a gun show.
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 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.
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Based on the findings described above,the Board approved the Use Variance on a vote of
4-0 as presented.
5) BZA-16-49
The next item to come before the Board is an application filed by Edward R Cummins
requesting variances from the development standards for property located at 3422
Coopers Lane. The applicant is requesting a 1,160 square foot variance from the
accessory structure standards to build a 2,160 square foot pole barn/garage. They are also
requesting a variance from the accessory structure standards in order to put the pole barn
in the front yard of the property.
Edward Cummins appeared before the Board confirmed he received the oath and stated
the following:
• Recently moved from Louisville and have a few cars and boats;
• Would like to build the garage to accommodate the vehicles;
• The side that backs up to Peach Tree Street has a line of trees and I plan on
installing a fence;
• Talked to all of the neighbors in the area; and
• The height is less than 18'.
Nathan Pruitt stated that last year they approved an accessory structure on Coopers Lane
and the Board requested that they install landscaping.
Mike McCutcheon asked Edward Cummins if he would be willing to work with staff on
screening the building with three to four evergreens 6' to 8' in length.
Edward Cummins stated that he would be willing to work with staff on buffering.
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.
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Based on the findings described above, the Board approved the development standard
variance on a vote of 4-0 with the following condition:
➢ To work with staff with installing a buffer along Peach Tree Street every 6' to 8'
in length.
6) BZA-16-50
The next item to come before the Board is an application filed by Kimberly Freudenberg
requesting variances from the development standards for property located at 714 E Maple
Street. The applicant is requesting variances from the development standards from the
following standards for a garage: accessory structure height standards.
Kim Freudenberg appeared before the Board confirmed she received the oath and stated
the following:
• This is the second time we have appeared before the Board, the first time the
contractor came and he was suppose to ask for the height variance;
• The structure has been built and finished;
• When the contractor came in the first time he only requested setback variance and
not the height;
• Have already move the power lines; and
• The house is tall so the garage matches the height of the house with a mother-in-
law suite.
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.
7) BZA-16-51
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The next item to come before the Board is an application filed by George Hurley
requesting variances from the development standards for property located at 1721 Spring
Gate Circle. The applicant is requesting variances from the development standards from
the following standards for a fence: fence height standards.
George Hurley appeared before the Board confirmed he received the oath and stated the
following:
• Requesting a fence 2' over in height;
• Back-up to a playground area with a lot of children at a daycare;
• Look at the window and see playground equipment and the equipment is higher
than 6'; and
• The view out of my window is not very good.
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 on
a vote of 4-0 with the following condition:
➢ Work with staff to ensure that the fence will be sturdy and to obtain a fence
permit.
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
7:51 p.m.
Mike McCutcheon, Chairperson
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Submitted by
f i da Mills, e retary
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