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HomeMy WebLinkAboutAUGUST 30, 2016 MINUTES OF THE JEFFERSONVILLE BOARD OF ZONING APPEALS August 30, 2016 1) Call to Order A meeting of the Jeffersonville Board of Zoning Appeals was held on Tuesday,August 30, 2016 at 8:08 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, Mike McCutcheon, Brent Roberts and Connie Sellers. Those Members not present: Christopher Fox. Also present were Linda Mills, Secretary,Nathan Pruitt, Planning & Zoning Director, and Les Merkley, Planning & Zoning Attorney. 3) Approval of Minutes Upon a motion made by Brent Roberts and seconded by Rita Fleming, the minutes of the regular meeting June 28, 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) New Business 1) BZA-16-60 The next item to come before the Board was an application filed by Koetter Construction requesting variances from the development standards for property located at 2987 Industrial Parkway. The proposed development is a 9,920 square-foot office and warehouse. The property is zoned I2 (Industrial Park/Heavy Industrial). Carol Hougland appeared before the Board confirmed she received the oath and stated the following: • We are requesting two variances one for parking and one for entrance; Jeffersonville Board of Zoning Appeals Meeting—August 30, 2016 Page 1 of 9 • Due to the location of the site we have a 30' rear yard setback plus a 35' buffer and there is an detention basin on the west side so it doesn't set up well except for parking in front the building; • It will be a small warehouse with not a lot of employees; and • Due to the fact that is located on a cul-de-sac and the proximity to the adjacent drives. Brent Roberts stated that it is in character with the area. No letter of phone calls 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 variances on a vote of 4-0 as presented. 2) BZA-16-56 The next item to come before the Board is an application filed by Pinnacle Properties Development requesting waivers from the setback standards for property located at 413 Main Street. The proposed development is a duplex house. Laura Harbison appeared before the Board and confirmed she received the oath and stated the following; • Pinnacle Properties own many units around Jeffersonville and Clark County; • This site is located on Maple Street across from the rear of Maple Elementary grounds; • There used to be a duplex and it is zoned M 1; • The development standards for M1 you have to have a 20' side yard setback; • All the property surround this is zoned R3; • R3 has a 5' side yard setback; • This would be in compliance with the development standards for all the property around it; and Jeffersonville Board of Zoning Appeals Meeting—August 30, 2016 Page 2 of 9 • The only difference is that it is a duplex oppose to the single-family residence. Brent Roberts asked if the 10' setback is in align with other houses. Laura Harbison stated that it is align with surrounding properties. Charles Mills appeared before the Board confirmed he received the oath and stated the following: • Was the previous property owner and also own two houses on Park Place that back up to this property; • There are some feelings that this might have negative factors that would affect their property but there is about 58% rentals in that area; • The duplexes in this area have been kept up and they are in good shape; • A new duplex on this site will actually enhance this area; • It will not be detrimental to this neighborhood; • When I own this site before I had plans to put three condos on it; • When I first bought this property there was a duplex there but the structure was destroyed by termites and ended up selling the property; and • The duplex they are proposing would not hurt the value of the surrounding properties. Sherry Lopp appeared before the Board confirmed she received the oath and stated the following: • The problem is parking; • Sometimes when a vehicle is parked on the street it can block the view when turning onto Main Street from the alley; and • Parking is a big concern. Mike McCutcheon stated that they could put yellow on the curb so vision would not be blocked. Wayne Strobel, 6806 Longview Beach Road appeared before the Board confirmed he received the oath and stated the following: • Came to the first hearing and eight people was here to object; • It seems like the developer's council has taken all the information that was brought up at the last meeting to rebut all things that was said the last time; • This is the third hearing on the same property; • This will have negative impact on property values; • This is a 50' lot and plan calls for street parking; • Own a house on the northwest side of property; • Every house in the area is a single-family homes; Jeffersonville Board of Zoning Appeals Meeting—August 30, 2016 Page 3 of 9 • Single-family homes with their own parking; • There is multi-family across the street with a lot of green space and ample parking; • This is not keeping with the area; and • There will be parking problems. Nathan Pruitt stated that they are zoned M 1 and are titled by law to do a duplex they are hear regarding a side setback variance. Laura Harbison stated the following: • Understand the concerned about parking there are a lot of homes with street parking; and • There is also a place in the back to add a parking but would take up most of the lot. Christopher Nolan appeared before the Board confirmed he received the oath and stated the following: • Will be rear exist at the back of the property. Mike McCutcheon stated that property will be parking in the yard. Laura Harbison stated that the parking could only be done by requesting a variance for impervious surface. Nathan Pruitt stated that if you wanted to propose a parallel parking space would be better for them to maintain a green space. Rita Fleming stated that onsite parking will attract a higher paying tenant. Nathan Pruitt states that the code does not permit gravel and it would be a code violation if the tenants should park on the grass. No letter of phone calls 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—August 30, 2016 Page 4 of 9 Based on the findings described above, the Board approved the development standard variances on a vote of 4-0 with the following conditions: ➢ Add two additional off street parking; ➢ Granted a variance for lot coverage; and ➢ Check with staff with position and size of parking area. 3) BZA-16-57 The next item to come before the Board is an application filed by Roland & Mechelle Robertson requesting waivers from the setback standards for property located at 2206 Utica Pike. The proposed development is a single family house. Roland Robertson appeared before the Board confirmed he received the oath and stated the following: • Requesting a front yard setback; • The existing house has been demolished; and • In order to stay out of the floodplain we need to be 5' closer to the road. Nathan Pruitt stated that the zoning requirements state that there should be a 75' front yard setback and they are requesting to a 40' front yard setback and 7' side variance so they will have access to the river. 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 variances on a vote of 4-0 as presented. 4) BZA-16-58 Jeffersonville Board of Zoning Appeals Meeting—August 30, 2016 Page 5 of 9 The next item to come before the Board is an application filed by Michael Ciresi requesting waivers from the setback standards for property located at 2808 Crums Lane. The proposed development is a porch addition to a single family house. Michael Ciresi appeared before the Board confirmed he received the oath and stated the following: • Requesting a setback variance to add a front porch to my home; • The porch will be 20 % feet from the sidewalk; • The front porch will be the full length of the house; • The structure has already been started; • The contractor did not receive any permits or permission from the City. Received signature from neighbors in support 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 variances on a vote of 4-0 as presented. 5) BZA-16-59 The next item to come before the Board is an application filed by Richard Fach requesting a use variance for property located at 3821 Hamburg Pike. The applicant is requesting a variance from the permitted uses of the C2 (Medium to Large Scale General Commercial) district to allow a church. Richard Fach appeared before the Board confirmed he received the oath and stated the following: • Have no commercial interest,purchase the building to be used as a church and small bible study group. Nathan Pruitt stated that the Comprehensive Plan did not support having the property rezoned to IS so requesting a use variance to allow the church. Jeffersonville Board of Zoning Appeals Meeting—August 30, 2016 Page 6 of 9 Bonnie Ehrhart appeared before the Board confirmed she received the oath and stated the following: • The concerned is parking; and • My business and home is next door. Daniel Moore appeared before the Board confirmed he received the oath and stated the following: • N &J Properties have invested in Jeffersonville for over 40 years; • They are the owners of the strip center across the street; • The tenant is to build our and open a bar & grill establishment; • Delfino Santiago who has a restaurant across the street also objects to this application because he is going to apply for a liquor license and the Alcoholic Beverage Commission would reject his request; • When you apply for a alcohol permit you must be 200' away from a church; • What happens to my clients investment; • Parking is an issue,there maybe six people now but what if they grow; • There is no information before the Board on who is going to be operating the church, are they going to have Sunday services, evening services; • This is not a unusual property it's in an area to be used as commercial; • One direction in future growth is that churches sometime have a daycare; • There will be six to eight vehicles in the parking lot; • This is not suited for that type of use; and • Please deny this variance. Bill Atkins, 5015 East Highway 62 appeared before the Board received the oath and stated the following: • Looked for the property for three years; • Difficult to find a place for a church; • This is a very small church, we have met in houses before; • Will be closing on the property tomorrow; • There is 12 to 14 parking spaces on the property; • Have two phases for the property and will be installing a fence around the property; • If we have a big meeting we will go to a special facility; • Will not affect the beer or liquor license if it was always there; • We use only one car or maybe two or three; • This will be an assets and improvement to the area; and • The second building could be converted in time to a class or place for speaking. Brian Haeseley, 3143 Old Hill Road appeared before the Board confirmed he received the oath and stated the following: Jeffersonville Board of Zoning Appeals Meeting—August 30, 2016 Page 7 of 9 • I had the property listed and it is 1,200 square feet; • ESR parking has a lot more traffic than the church; • The concerned should be reversed; and • Please approve this application. Nathan Pruitt stated the following: • The future plan is commercial; • IS zoning classification is most appropriate in residential neighborhood; • Permitted in all residential and could request a special exception; and • There are 12 zoning classifications that churches are a permitted use. Les Merkley stated that if a church is allowed there then the ABC would not approve a liquor license in that area. Daniel Moore stated the following: • My clients have spent 15,000 to 20,000 to build out the strip center and to transfer the liquor license; and • This would impact them. Les Merkley stated that Daniel Moore client has not received their liquor license and placing a variance to operate a church in all the commercial zoning, serving alcohol will not happen. Received several letters 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. Jeffersonville Board of Zoning Appeals Meeting—August 30, 2016 Page 8 of 9 Based on the findings described above, the Board denied the Use Variance on a vote of 4- 0. 7. Reports from Officers, Committees, and Staff Nathan Pruitt stated the following: • Tomorrow night the Parks Board is holding a public design workshop in City Hall; and • We have two new planners on staff. 8. Adjournment There being no further business to come before the Board, the meeting was adjourned at 9:25 p.m. V'-Lc Mike McCutcheon, Chairperson Submitted,by indd Mills, Secret Jeffersonville Board of Zoning Appeals Meeting—August 30, 2016 Page 9 of 9