HomeMy WebLinkAboutAPRIL 25, 2017 MINUTES OF THE JEFFERSONVILLE
BOARD OF ZONING APPEALS
April 25, 2017
1) Call to Order
A meeting of the Jeffersonville Board of Zoning Appeals was held on Tuesday, April 25,
2017 at 7:40 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 March 14, 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) Approval of Findings of Fact
Les Merkley provided a summary of Docket No. BZA-14-44 as follows:
• October 28, 2014 this Board heard a request for a Use Variance for the property
located at 308 East Chestnut Street;
• The applicant was conducting a rooming house with fourteen rooms necessitating
a use variance under the Zoning Code;
• After a public hearing, that Use Variance was denied;
• The applicant commenced litigation asking for judicial review of the Use
Variance denial;
• The trial court affirmed the Board's denial of the Use Variance;
Jeffersonville Board of Zoning Appeals Meeting—April 25, 2017 Page 1 of 8
• The applicant then appealed that decision to Indiana Court of Appeals and the
Indiana Court of Appeals reversed the decision to the extent that it has directed
that this Board enter more specific Findings of Fact; and
• Proposed Findings of Fact were provided to each Board member prior to the
meeting for consideration and review;
• Board members were given the prior opportunity to review the record related to
Docket No. BZA-14-44 including the proceedings of October 28, 2014;
• If the Board is in agreement with the proposed findings based upon the record of
prior proceedings, then it may adopt said Findings of Fact for Docket No. BZA-
14-44 to comply with the Indiana Court of Appeals.
Christopher Fox stated that he would like to recuse himself from the vote.
The record of the proceedings related to Docket No. BZA-14-44 is hereby incorporated
by reference.
Therefore, on a motion made by Rita Fleming and seconded by David Stinson, and based
upon the record of the prior proceedings, the Board adopts the Findings of Fact as
presented for property located at 308 East Chestnut Street, Docket No. BZA-14-44.
Motion passed on a vote of 4-0.
6) New Business
1) BZA-17-25
The next item to come before the Board was an application filed by Jeffersonville Baptist
Temple requesting a special exception use to operate a church at 102 West Loma Vista
Drive. The applicant heads a small congregation and the size of the property is adequate
for their needs. The operation of a church, temple, or mosque requires a special
exception to operate in a R1 District.
The applicant has requested that this application be tabled.
Therefore, on a motion made by Christopher Fox and seconded by Rita Fleming to table
this application. Motion passed on a vote of 5-0.
2) BZA-17-18
The next item to come before the Board was an application filed by Andrew Yin
requesting variances from the development standards for property located at 3119 E. 10th
Street. The proposed development is a 2,450 square foot commercial retail store, selling
Lego's, games and other similar products. The property is located in the Commercial
Corridor Overlay District.
Jeffersonville Board of Zoning Appeals Meeting—April 25, 2017 Page 2 of 8
Micah McRae appeared before the Board confirmed he received the oath and stated the
following:
f
• The property is currently zoned C 1 and we are not asking for a re-zoning;
• It's intended use is classified as a gift shop;
• It will have standard retail hours;
• No more than one to two employees;
• It will have 13 parking spots;
• It will have approximately 2,200 square foot building; and
• There is a possibility that they may rent the building for parties and/or gatherings.
No phone calls or letters was 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
variances on a vote of 5-0 as presented.
3) BZA-17-21
The next item to come before the Board is an application filed by Tom Theobald
requesting a variance from the development standards for property located at 300 Hilton
Drive. The proposed development is a 506,000 square foot warehouse in the River Ridge
Development. The development has received approval from River Ridge to proceed.
Michael Watts appeared before the Board confirmed he received the oath and stated the
following:
• The project is approximately half million warehouse facility that is expanded to a
million and a half square feet on 84 acres; and
• Requesting three variances that are pretty typical in the River Ridge
Development.
No phone calls or letters was received in favor or in opposition to this application.
Jeffersonville Board of Zoning Appeals Meeting—April 25, 2017 Page 3 of 8
i
Thereafter, the Board made the following Findings of Fact:
I
f 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-17-22
The next item to come before the Board is an application filed by Bruce Sager requesting
a variance from the development standards for property located at 705 East Maple Street.
The applicant is proposing to rebuild a garage that recently caught fire. The existing
footer from the original structure is two feet from the property line, and the applicant is
requesting to rebuild on the existing footer.
Bruce Sager appeared before the Board confirmed he received the oath and stated the
following:
• In October of last year we had a fire on our property that resulted in the loss of our
detached garage;
• When I filed for the demolition permit I was notified that the original location of
the garage does not meet the current zoning setback requirements;
• Requesting a variance to allow us to put the garage back in the same location that
it has been sitting for the last 50 to 60 years; and
• The garage will be located on the same slab.
Received one letter 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
Jeffersonville Board of Zoning Appeals Meeting—April 25, 2017
Page 4 of 8
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.
5) BZA-17-23
The next item to come before the Board is an application filed by Fran Evola requesting a
special exception use to qualify for the "Home Occupation #2" standard under the Article
3 R3 (Old City Residential) district intent. The application is a realtor, and would like to
hire an administrative assistant to assist her in her home office. Due to the proposed
administrative position working in her house, a special exception is required.
Fran Evola appeared before the Board confirmed she received the oath and stated the
following:
• Would like to hire someone to work with me out of my home;
• I have a real estate and auction business;
• Would like to hire someone who is not related;
• My office is in the home and no clients come to my home;
0 It is a on line auction and the actual auction is on site;
• Would like to hire someone in addition to my daughter who works for me;
• There will be no addition to home and I have parking at the rear of the property;
and
• I have a two car garage in alley plus 2 parking spaces in alley with a driveway in
front of my property on Court Avenue.
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 as
prescribed by this Ordinance will be met;
3. Granting the special exception will not subvert the general purposes served by
this Ordinance and will not permanently injure other property and uses in the
same district and vicinity; and
Jeffersonville Board of Zoning Appeals Meeting—April 25, 2017
Page 5 of 8
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
vote of 5-0 as presented.
6) BZA-17-24
The next item to appear before the Board is an application filed by Joseph Bennett
requesting a use variance to operate storage area and tow lot at 5101 Shungate Road. This
particular use requires this variance in the I1 Zoning District.
Joseph Bennett appeared before the Board confirmed he received the oath and stated the
following:
• Proposing a tow in lot for the City of Jeffersonville;
• No salvage yard or repossession lot at this facility;
• All vehicles will be stored inside and lot will be paved;
• Have been in Jeffersonville for three years; and
• Proposing fencing with a secured gate and a small office.
Nathan Pruitt stated the following:
• The sought a re-zoning to allow this use by right;
• The concerns from the public, my office and some city council persons is that a re-
zone was not appropriate because it could open us up for future land use that we
would not want;
• A Special Exception Use was brought before this Board and would have to come
back before Plan Commission for development plan approval contingent upon re-
zoning, at the last meeting the Board granted approval; and
• He's coming back today with a use variance that would only allow that very
specific use and not up zone the property.
Larry Cunningham, 5403 Shungate Road appeared before the Board confirmed he
received the oath and stated the following:
• He is against this variance;
• My wife and I own properties located at 5403 and 5405 Shungate Road which is
adjacent to 5101 Shungate Road;
• The City in August passed a new land use table that included auto storage and
impound yards and they were restricted to I2 by special exception;
• From a safety stand point; Shungate Road is only 18 to 20 feet wide, you can't
even pass to normal size vehicles on that road;
Jeffersonville Board of Zoning Appeals Meeting—April 25, 2017
Page 6 of 8
• Now tow trucks will be there that will have to block traffic from either direction in
order to get in or out of that property;
I • Utica Sellersburg Road is a blind intersection and is very
• This is a huge safety issue and no plans to improve Shungate Road;dangerous;
• There is open ditch drainage and there are not City storm drains in this area;
• Will where the water go; into Lick Creek;
• Fluids from towing vehicles will also go into Lick Creek;
• Development of the infrastructural should be before you developed a property;
• This area is mostly residential, 99% of traffic are vehicles going to homes;
• This property has been zoned I1 but it has not been used that way;
• He stated he would have limited hours from 9 to 5 but what happens when the City
calls at 2 in the morning;
• Would like to submit a petition with 256 signatures in opposition;
• This is not consistent with the Comprehensive Plan;
• Shungate Road may have some businesses in two to three years.
Mike Adams, 5522 Buckthorne Drive appeared before the Board confirmed he received
the oath and stated the following:
• Utica Sellersburg Road is already unsafe and most of the traffic is residential;
• The intersections would be extremely dangerous;
• There is a sharp drop from Utica Sellersburg Road to Shungate Road and there is
a blind intersection;
• My fear would be if this is approved that down the way that would want to tie into
Utica Sellersburg Road with an entrance; and
• Please look at the usage in the area and how we want Jeffersonville to grow.
Nathan Pruitt stated the following:
• There is a small section of pavement at the very beginning of Shungate is around
the 18' to 20' mark but once you get pass that section is does open up to a more
normal roadway;
• This development will have to go before the Drainage Board for approval and if
there is any adverse conditions on the site it would be managed by the Drainage
Department;
• Sewer would have to go before the Sewage Board; and
• There are two railroads one to the left and one to the right that abut this property
and the water company in front of Utica Sellersburg Road and several properties to
the north that are also zoned I1.
Joseph Bennett stated the following:
• Mr. Cunningham property is zoned commercial and there is a body shop on
Shungate Road that does all the work on his motor homes and I have towed RV's
to the body shop for him in the past; and
Jeffersonville Board of Zoning Appeals Meeting—April 25, 2017
Page 7 of 8
Everything will be stored indoors.
Received several phone calls in opposition and one letter 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 the 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 would not contradict the goals and objectives
of the Comprehensive Plan.
Based on the findings described above, the Board approved the Use Variance on vote of
5-0 with the following condition:
No outside storage of towed and/or wrecked vehicles.
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
8:35 p.m.
Mike McCutcheon, Chairperson
Submitted
inda Mills, Secretar
Jeffersonville Board of Zoning Appeals Meeting—April 25, 2017 Page 8 of 8