HomeMy WebLinkAboutJANUARY 31, 2017 MINUTES OF THE JEFFERSONVILLE
BOARD OF ZONING APPEALS
January 31, 2017
1) Call to Order
A meeting of the Jeffersonville Board of Zoning Appeals was held on Tuesday, January
31, 2017 at 7:48 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, Dave Stinson and Steve Webb. Those
Members not present: Christopher Fox. Also present were Linda Mills, Secretary,
Shawn Dade, Planning & Zoning Coordinator, Nathan Pruitt, Planning & Zoning
Director, and Les Merkley, Planning& Zoning Attorney.
3) Election of Officers
Mike McCutcheon stated that this will be tabled until the next schedule meeting.
4) Approval of Minutes
Upon a motion made by Christopher Fox and seconded by Rita Fleming, the minutes of
the regular meeting November 1, 2016 were approved as written.
5) 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.
6) New Business
1) BZA-17-01
The next item to come before the Board was an application filed by Brandon Denton
requesting variances from the development standards for property located at 5002
Highway 62. This proposed location is part of the Bridgepoint Commons Development.
The applicant is proposing a gas station with convenience store, which is to be located
less than one (1) mile from an existing gas station, which does not conform to standards
set forth in 2016-OR-45.
Jeffersonville Board of Zoning Appeals Meeting—January 31, 2017
Page 1 of 13
Scott Hannah appeared before the Board confirmed he received the oath and stated the
following:
• Received a favorable recommendation from Plan Commission to re-zone property
to C2-PD;
• Proposing a gas station/market;
• Requesting a variance to allow a gas station 879 feet away from an existing Circle
K instead of the one mile distance required; and
• This will be a good location with the new light and street Gottbrath Parkway.
Brandon Denton appeared before the Board confirmed he received the oath and stated the
following:
• We feel that this is the highest and best use the traffic is very significant;
• We feel that a gas station at this location will serve as a good service;
• There will be no diesel station;
• This will be a triple a type gas station, a national chain; and
• Will be maintained and kept nice.
Scott Hannah stated that there is an ample turning lane, there is good access into and out
of this property.
No phone calls or letters were received in favor or in opposition 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-17-02
The next item to come before the Board is an application filed by MHF & O, LLC
requesting a special exception use to operate a gas station with convenience store at a
property located at 1620 Allison Lane. Additionally, this property is located in the flood
plain. This is a special exception use in Cl, and therefore Board of Zoning Appeals
Jeffersonville Board of Zoning Appeals Meeting—January 31, 2017
Page 2 of 13
approval is required. The proposed development is exempt from distance rules as it is an
existing gas station being upgraded. The property is located in the Oak Park Conservancy
District and has approval to redevelop the site.
This application was tabled until the next schedule meeting.
3) BZA-17-03
The next item to come before the Board is an application filed by MHF & O, LLC
requesting variances from the development standards for property located at 1620 Allison
Lane. The proposed development is a 3,000 square foot gas station with convenience
store. The property will also require special exception approval. This property is located
within the flood plain and the Oak Park Conservancy District.
This application was tabled until the next schedule meeting.
4) BZA-17-04
The next item to come before the Board is an application filed by RSC Development
Group, LLC requesting variances from the development standards for property located at
5520 Highway 62. The proposed development is a 5,500 square foot dental office. The
property is located within the Commercial Corridor Overlay District.
David Sanders appeared before the Board confirmed he received the oath and stated the
following:
• Requesting variances on lot coverage, parking in the front and lighting;
• The lighting that is in access is caused by the lighting of the parking lot and
building;
• We are in compliance with the perimeter lighting;
• We originally had the building towards the front but the adjoining property owners
and the planning staff requested that we flip the building and have the front
towards the street, which we complied with this request; and
• We have received a recommendation from the homeowners association in favor of
this application.
No phone calls or letters were received in opposition or in favor 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—January 31, 2017
Page 3 of 13
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-17-05
The next item to come before the Board is an application filed by Koetter Five Star
Properties Indiana, LLC requesting variances from the development standards for
property located at 1451 Veterans Parkway. The proposed development is a 5,186 square
foot restaurant. The property is located within the Commercial Corridor Overlay District.
This application has been tabled until the next scheduled meeting.
6) BZA-17-06
The next item to come before the Board is an application filed by Mark Hack requesting
variances from the development standards for property located at 2304 Allison Lane.
The proposed use is a real estate office and additional commercial endeavors. There is
some drainage issues related to the property regarding standing water. Adjacent
neighbors are concerned with increased storm water runoff due to increased impervious
surfaces.
Greg Fifer appeared before the Board confirmed he received the oath and stated the
following:
• Previous before Plan Commission approved contingent upon Board of Zoning
Appeals approval;
• There is a 20' strip on Seminole Drive that is owned by the home owners
association and without consent cannot be accessed;
• 100' frontage on Allison Lane and are planning to place the access onto the site as
far away from Seminole Drive as possible;
• Requesting a variance for non-gable roof;
• Variance for distribution of parking, 30' maximum in the front;
• Also requesting a variance to allow an accessory structure of 1,200 square feet in
lieu of 1,000 allowed;
• Proposing heavy landscaping in back and rear of the garage;
• The entrance must be 150' from Seminole Drive, we are requesting 84';
• The elevation of the building will be a brick and stone facade;
• A real estate agency and three additional businesses will be located to this site;
• Uses are permitted use in this district; and
Jeffersonville Board of Zoning Appeals Meeting—January 31, 2017 Page 4 of 13
• 20' strip makes it inability to access off of Seminole Drive.
Andrea Long, 3012 Seminole Drive appeared before the Board confirmed she received
the oath and stated the following:
• Turning into a business from the turning lane off of Allison Lane will prevent us
to turn into our subdivision;
• If he decides to sell this property, what type of business will go in there; and
• Against this application.
Mike Campbell, 3017 Seminole Drive appeared before the Board confirmed he received
the oath and stated the following:
• Moved into the neighborhood in 1972;
• The property strip down Seminole Drive was written in a way as to not sell or
grant any access from Seminole Drive;
• This is a dangerous intersection;
• The traffic light was installed three years ago;
• The entrance to this property is not safe;
• By building a garage behind people properties makes value go down; and
• There used to be a pond on the property and water still stands there.
Benjamin Long, 3012 Seminole Drive appeared before the Board confirmed he received
the oath and stated the following:
• Opposed to the entrance way;
• Safety of community, large amount of traffic; and
• 85' is not enough distance.
David Lester, 3006 Seminole Drive appeared before the Board confirmed he received the
oath and stated the following:
• Lived here for twenty-two years;
• Believe this is the wrong location;
• My property takes all the run off from this property;
• Subdivision is about 50 years old and has open ditch for runoff water; and
• 80' from Jeff High School is a safety problem.
Nancy Hanna, 3015 Seminole Drive appeared before the Board confirmed she received
the oath and stated the following:
• There are 26 homeowners in the Indian Hills Subdivision Homeowners
Association that purchase the strip over a decade ago;
• The purpose was to prevent a driveway off of Seminole Drive;
Jeffersonville Board of Zoning Appeals Meeting—January 31, 2017 Page 5 of 13
• This is a unique and very special neighborhood with a park like setting;
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• This is a nice building but it will change the entrance to our neighborhood; and
• Would like to meet with developers regarding the safety issues.
Doug Nalley, 3011 Seminole Drive appeared before the Board confirmed he received the
oath and stated the following:
• I don't doubt that a lot of thought and effort has been put into developing this
piece of real estate;
• Should not have to ask for so many variances;
• There is already a lot of traffic;
• The area is already soggy, drainage is an issue; and
• Not the best use for this property.
Chris Creagh, 3010 Seminole Drive appeared before the Board confirmed he received the
oath and stated the following:
• There are two reasons not to developed this parcel;
• Safety issues and the drainage is bad; and
• Against this project.
Greg Fifer stated that there is already an existing street cut onto Allison Lane and an
existing house on this site.
David Blankenbeker appeared before the Board confirmed he received the oath and stated
the following:
• There is an existing street cut and driveway at this property;
• The driveway and cut appears to be four times the normal width of a driveway;
and
• We are proposing an entrance further away from the intersection and much
narrow.
Greg Fifer stated the following:
• Giving the lack of any legal access off of Seminole Drive, should the owner be
deprived of access at some point off of Allison Lane would deprive the owner of
any meaningful value of the property;
• The developer has the absolute right to continue to access his property off of
Allison Lane;
• We are proposing to put in an entrance that would be safer and help with the
safety concerns; and
• The Board may approve the variances contingent upon Drainage Board approval.
Jeffersonville Board of Zoning Appeals Meeting—January 31, 2017 Page 6 of 13
Rita Fleming stated the following:
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• We do have standards, when we grant a variance for a roof that is not gable it
usually and iconic building;
• The intent of other lessee in the building does not guarantee that it could not be a
restaurant which would increase traffic; and
• This would seem to change the nature of the neighborhood.
Shawn Dade stated that he has received several calls regarding this application, which
many have spoken tonight.
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 denied the development standard
variances on a vote of 3-1 with Steve Webb voting in favor of the application.
7) BZA-17-07
The next item to come before the Board is an application filed by Terry Stawar
requesting variances from the development standards for property located at 1036 Sharon
Drive. The proposed development is a 5,100 square foot expansion of the existing
structure. The applicant request variances from the development standards from the
parking standards and the landscape buffer standards. This property is in the Commercial
Corridor Overlay District.
Josh Hillman appeared before the Board confirmed he received the oath and stated the
following:
• We are requesting a couple of variances related to parking standards and buffer
yard standards;
• They are proposing a 5,100 square foot expansion and parking modification
because there is an existing parking lot;
• The expansion would be towards the south property line;
• The red building at the rear of the property will be removed to allow for the
s
building expansion;
Jeffersonville Board of Zoning Appeals Meeting—January 31, 2017 Page 7 of 13
• The proposed expansion will be in similar architect fashion;
• We are adjacent to R3 property it extends the side yard setback;
• Requesting parking to allow as much as 60% into that setback;
• Requesting buffer yard standards that allow us one to four feet from the south
property line; and
• We are doing a very heavy landscaped area.
Jack Vissing, 21 Blanchel Terrace appeared before the Board confirmed he received the
oath and stated the following:
• Him and his sister are adjacent property owners;
• Also on the Board of Life Springs;
• Life Springs has taken this building and put it to a practical use;
• There are seriously ill people and expanding services is needed; and
• As a neighbor I'm not threaten by this at all.
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
f 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.
8) BZA-17-08
The next item to come before the Board is an application filed by Family Health Center
of Southern Indiana requesting variances from the development standards for property
located at 1319 Duncan Avenue. The proposed development is a 3,505 square foot
expansion of the existing structure. The applicant request variances from the
development standards from the parking standards. The applicant is in preliminary
negotiations in acquiring a portion of the adjacent parking lot owned by Clark Memorial
Hospital. In the interim, the applicant and CHM have an arrangement to use 15 parking
spots.
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r Jeffersonville Board of Zoning Appeals Meeting—January 31, 2017 Page 8 of 13
Angie Kleer appeared before the Board confirmed she received the oath and stated the
following:
• The Family Health Center has received a federal grant to expand their current
services;
• We would like to double the square footage and modernized; and
• When we laid out the site the property itself is not expanding and the variance we
are requesting is for the number of parking spaces.
Lori Harris appeared before the Board confirmed she received the oath and stated the
following:
• We have a lease spaces if needed until we purchase the parking lot; and
• We are in the process of purchasing that back parking lot.
Angie Kleer stated that once that parking lot is purchased parking will meet the zoning
standards and the distribution will also be met.
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.
9) BZA-17-09
The next item to come before the Board is an application filed by The Springs Salon &
Spa for their commercial sign on the side of 234 Spring Street. In 2014 the Jeffersonville
Historic Preservation Commission approved signage at the location, however, the
proposed undesignated sign size was deemed too large, and needed to be reduced by 20%
from what was presented to the Commission. The sign was completed without the
necessary permits, with a total area of 90 square feet, exceeding the maximum area of 50
square feet for wall signs.
.. Jeffersonville Board of Zoning Appeals Meeting—January 31, 2017 Page 9 of 13
Doug Cardin appeared before the Board confirmed he received the oath and stated the
I following:
• The sign exceeds the maximum wall sign size.
Nathan Pruitt stated that the content of this is very sensitive.
Les Merkley stated that Eric Goodman the adjacent property owner text him and stated
that he is unable to be at the meeting but wanted the Board to know that he is in
agreement with this proposal.
Rita Fleming stated that this is not intrusive in character and what you would see in
downtown.
Shawn Dade stated that he received one letter 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.
10)BZA-17-10
The next item to come before the Board is an application filed by JOB Rental & Sales,
LLC requesting a special exception use variance to operate a business selling automotive
trailers at a property located at 6104 Sable Mill Court. This is not a permitted use in I1,
and in order to obtain a vehicle business dealer license, the special exception is needed.
Shirley Baumann appeared before the Board confirmed she received the oath and stated
the following:
• We had a dealer license in the past but I let it expire;
• We are trying to sell pull behind trailers;
• We sell and rent heavy equipment; and
• The trailers will be behind the gate.
i._..; Jeffersonville Board of Zoning Appeals Meeting—January 31, 2017 Page 10 of 13
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No phone calls or letters were received in favor or in opposition to this application.
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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 approved the Special Exception use on
a vote of 4-0 as presented.
11)BZA-17-11
The next item to come before the Board is an application filed by Jennifer & Janes
Skipworth requesting variances from the development standards for property located at
306 Mockingbird Drive. The applicant request a variance from the maximum square
footage allowed for accessory structure size, and the maximum height for accessory
structures. The dimensions for the proposed garage are 40 ft. x 70 ft. (2,800 square feet)
and the proposed height is 20 feet. The maximum size for accessory structures is 1,000
square feet and the maximum height is 18 feet.
Jennifer Skipworth appeared before the Board confirmed she received the oath and stated
the following:
• Have been the owner of this property since 1998;
• Purchase the land behind the property to build a garage;
• Will be removing the existing garage and extend driveway to new garage; and
• No intentions on living in the structure.
Brant Robinson, 1906 Joy Court appeared before the Board confirmed he received the
oath and stated the following:
• The property in question is just dead space;
• The height will not be an issue it is placed back far enough;
i- Jeffersonville Board of Zoning Appeals Meeting—January 31, 2017 Page 11 of 13
• With the removal of the existing garage there will be more appeal from the street;
and
• In favor of this application.
Jennifer Skipworth stated that there will be no business, will be storing our car hauler and
very large pickup truck. This structure will be used for storage only.
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.
12)BZA-17-12
The next item to come before the Board is an application filed by Patrick Robertson
requesting variances from the development standards for property located at 2618 Utica
Sellersburg Road to construct a new garage. The applicant is requesting variances for
accessory structure size and side setbacks. The proposed structure will be 30 ft. x 40 ft.
(1,200 square feet) and the proposed side setback will between five and eight feet from
the side property lines, where the required side setbacks are 19 feet.
Patrick Robertson appeared before the Board confirmed he received the oath and stated
the following:
• Requesting 200 square feet over what is allowed;
• Requesting to be 5' from the side property line in lieu of the 8' required; and
• This will be a pole barn style garage.
No phone calls or letters were received in opposition or in favor of this application.
Thereafter, the Board made the Following Findings of Fact:
Jeffersonville Board of Zoning Appeals Meeting—January 31, 2017 Page 12 of 13
1. The variance of the development standards would not be injurious to the
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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.
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
9:16 p.m.
ike Vc6utcheon, Chairperson
Submitted
inda Mills, Secret y
Jeffersonville Board of Zoning Appeals Meeting—January 31, 2017 Page 13 of 13