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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; 0 • 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: I • 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. 1 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. I 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 i No phone calls or letters were received in favor or in opposition to this application. i' 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 I 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