HomeMy WebLinkAboutFebruary 28, 2017 MINUTES OF THE JEFFERSONVILLE
BOARD OF ZONING APPEALS
February 28, 2017
1) Call to Order
A meeting of the Jeffersonville Board of Zoning Appeals was held on Tuesday, January
31, 2017 at 8:13 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, Dave Stinson and
Steve Webb. Those Members not present: None. Also present were Linda Mills,
Secretary, Shawn Dade, Planning & Zoning Coordinator, Nathan Pruitt, Planning &
Zoning Director, and Les Merkley, Planning& Zoning Attorney.
3) Approval of Minutes
Upon a motion made by Christopher Fox and seconded by Steve Webb, the minutes of
the regular meeting January 31, 2017 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-17-02
The next item to come before the Board was an application filed by MHF & O, LLC
requesting a special exception use to operate a gas station with convenience store at
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
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.
Jeffersonville Board of Zoning Appeals Meeting—February 28, 2017 Page 1 of 7
Camille Hesen appeared before the Board confirmed she received the oath and stated the
following:
• The development plan for Q-Mart was previously approved by the Plan
Commission contingent upon the Board granting approval on variances;
• We have contacted Oak Park Conservancy and received approval;
• We believe that the development at this site greatly enhances what is currently
there;
• We are proposing a 3,000 square foot building with 4 pump stations;
• Will be closing off two existing curb cuts;
• This gives us more room for expanding the landscaping; and
• We have also shorten the distances of the entrances, currently they are 36' and 39'
and we reduced them to 30' in width.
Rob Meyer, Attorney representing Water Energizers, Inc. appeared before the Board
confirmed he received the oath and stated the following:
• Made an objections with the development plan and the Plan Commission meeting;
• Dispute between applicant and my client over ownership of property; and
• They are proposing exit from their property onto my client's property which we
would object to as well.
Rita Fleming came into the meeting.
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Les Merkley stated the following:
• The dispute between properties has no impact on the request before you;
• Should you approve this application the applicant moves forward at their own
risk; and
• A survey is not required by state statute.
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 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 be subvert the general purposes of the
Zoning Ordinance and will not permanently injure other property and uses in
the same district; and
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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
vote of 5-0 as presented.
2) 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.
Camille Hesen appeared before the Board confirmed she received the oath and stated the
following:
• Presented the development plan that was previously approved by the Plan
Commission contingent upon the Board approval of variances.
Nathan Pruitt stated the following:
• This is an existing use and an existing lot;
• There is enormous flood plain issues with the nearby creek;
• That has constrained as to where the building can be placed;
• Because of all that factors they are asking for many variances; and
• This will be a high improvement of what is there today.
Rob Meyer, Attorney for Water Energizers, Inc. appeared before the Board confirmed he
received the oath and stated the following:
• His client does not have an objections with the use;
• My stated objections listed under application BZA-17-02 should be listing under
this application BZA-17-03.
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
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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 5-0 as presented.
3) BZA-17-13
The next item to come before the Board is an application filed by Clark Memorial
Hospital requesting variances from the development standards for property located at
1220 Missouri Avenue. This property is part of Clark Memorial Hospital. The proposed
development is the construction of a wall to screen mechanical equipment.
Brad Lipsey appeared before the Board confirmed he received the oath and stated the
following:
• The in process of developing a project to do some modification and renovations to
the emergency department;
• Requesting to allow a 13' wall to screen mechanical equipment; and
• This will be similar structure to what is there now.
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
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 5-0 as presented.
4) BZA-17-15
The next item to come before the Board is an application filed by Kiesler Properties, LLC
requesting variances from the development standards for property located at 2802 Sable
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Mill Road. The proposed development is a 27,600 square foot addition to an existing
26,400 square foot structure.
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Jason Copperwaite appeared before the Board confirmed he received the oath and stated
the following:
• This is located in the Sellersburg Industrial Park;
• The proposal is add a 44 foot addition to the rear of the structure and a 100' x 180'
addition to the front of the structure;
• Additional parking to the left side and truck circulation with a loading dock;
• Requesting four variances and the Plan Commission approved a waiver on the
building setback;
• Requesting 81% of the parking on the side and entrance width;
• There are some variances for the lighting plan but we will be happy to work with
staff so that the lighting will meet the ordinance;
• Would like to withdraw the request for lighting variance; and
• Proposing the loading dock in front.
Mike McCutcheon stated that at the Plan Commission it was stated that this addition
would not be a shooting range.
No phone calls or letters were received in opposition or in favor to 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 5-0 as presented.
5) BZA-17-16
The next item to come before the Board is an application filed by Marc & Jill Oca
requesting variances from the development standards for property located at 2101 Utica
Pike. The proposed development is the construction of a 1,200 square foot detached
garage located within the allowable setbacks.
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Jason Copperwaite appeared before the Board confirmed he received the oath and stated
the following:
• Proposed to construct a garage but there are several large trees on the property;
• The garage lines up with the direct extension of the driveway;
• That causes the position of the garage to be push a little bit closer to Perrin Lane;
• Proposing 15' off right-of-way in lieu of the 25' required; and
• The facade of the garage will match the house.
Jill Oca appeared before the Board confirmed she received the oath and stated the
following:
• Currently have a two-car garage but need room for a boat and another vehicle in
storage; and
• We just need more space, will not be for commercial use.
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
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 5-0 as presented.
6) BZA-17-17
The next item to come before the Board is an application filed by Michael Bizzell
requesting variances from the development standards for property located at 2805
Millstone Court, in the Brookhollow Subdivision. The proposed development is the
construction of a fence. Due to the position and located of the lot, it is considered to have
3 front yards, and by the standards of the ordinance, would be unable to have a six (6)
foot privacy fence.
Michael Bizzell appeared before the Board confirmed he received the oath and stated the
following:
Jeffersonville Board of Zoning Appeals Meeting—February 28,2017 Page 6 of 7
• Proposing to install a privacy fence but this is a corner lot;
• The fence will be consistent with the neighborhood; and
• The back of the house faces Utica Sellersburg Road and this is for safety of my
family and pets; and
• The fence will be located 25' from the road.
Shawn Dade stated that he has received two letters in favor of this application, no letters
or phone calls 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
variances on a vote of 5-0.
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
8:45 p.m.
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Mike McCutcheon, Chairperson
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