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HomeMy WebLinkAboutJUNE 27,2017 MINUTES OF THE JEFFERSONVILLE j BOARD OF ZONING APPEALS June 27, 2017 1) Call to Order A meeting of the Jeffersonville Board of Zoning Appeals was held on Tuesday, June 27, 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, Christopher Fox, Mike McCutcheon, and Dave Stinson. Those Members not present: Steve Webb. 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 Dave Stinson, the minutes of the regular meeting May 30, 2017 were approved as written. 4) Oath Nathan Pruitt, Planning & Zoning Director for the City of Jeffersonville 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 stated that the Board has two separate Findings of Fact that need to be adopted. The first Finding of Fact is an application that came before the Board at the last meeting and this application was granted. The application was to allow an indoor towing facility at 5101 Shungate Road. Therefore,upon a motion made by Christopher Fox and seconded by Dave Stinson to adopt the Findings of Fact for BZA-17-24. Motion passed on a vote of 4-0. Les Merkley stated that the Findings of Fact for BZA-17-25 for property located at 102 West Loma Vista Road. The application was for a special exception to allow a church to be located in a R1 residential area. A public hearing was held at the last Board of Zoning i Jeffersonville Board of Zoning Appeals Meeting—June 27, 2017 Page 1 of 11 Appeals meeting of May 30, 2017, at which time the Board heard sworn testimony and i evidence and denied the request for the special exception. Therefore, upon a motion made by Dave Stinson and seconded by Rita Fleming to adopt the Findings of Fact for BZA-17-25. Motion passed on a vote of 4-0. 6) New Business 1) BZA-17-29 The next item to come before the Board was an application filed by Jason Sams and ARC requesting a variance from the deed restrictions on property at the 200 block of Mulberry Street. The property in questions, a section of Colston Park, had a deed restriction agreed upon in August of 2016 (PC-16-57) to not allow any type of commercial uses, and that only residential uses be allowed on this section of Colston Park. The applicant is proposing to relocate their professional offices to the location. Jason Sams appeared before the Board confirmed he received the oath and stated the following: • Requesting a waiver to permit a professional office within a residential development of at least 20 luxury condos; • Proposing a large building with an attached professional office of about 18,000 square feet; • There is a plan for luxury condos attached to the building; • The building will consists of brick and stone veneer; • This building will look like a downtown building; • Why consider this approval, ARC proven record in downtown Jeffersonville; • ARC's commitment to downtown Jeffersonville to relocate its corporate office; • ARC's commitment to the neighborhood and Board of Zoning Appeals to conduct business during normal business hours; and • ARC's commitment to respond to the need of additional housing. Les Merkley stated the following: • We have asked the applicant to file for a Use Variance; • Several months ago the Plan Commission rezoned this parcel to Downtown Commercial, when they did not they imposed a restriction that there would be no commercial activity on the property; • The reason it was zoned Downtown Commercial was to allow a building like this to be built right next to the sidewalk; • This is a development that would require the BZA to grant a use variance because there is a deed restriction that is currently on this property; and • The waiver or variance would be just for this professional office building. Jeffersonville Board of Zoning Appeals Meeting—June 27, 2017 Page 2 of 11 Case Kuiper, 322 West Market Street appeared before the Board confirmed he received the oath and stated the following: r • In the last four years I made a tremendous effort in presenting information and several questions to different boards regarding Colston Park; • My house is right next to Colston Park so I am very involved in what is going on with Colston Park; • As a member of the Neighborhood Association Board I fought hard to help get the deed restriction so that what was going to happen at the front portion of Mulberry Street would maintain a residential look and feel; • I understand ARC desire to be close to their investments; • That doesn't change that the ink is barely dry on the document and they are wanting to change it; • There is plenty of land and opportunity to build a new office building and it should not be sandwich into a residential neighborhood; • Particularly sense the deed restriction was put into place to protect the neighborhood; • It was reported that these was going to be twenty rental apartments and I am hearing today that they are going to luxury condos; • What type of housing would this be; and • I hope that the Board will stand behind the deed restriction that is already in place. f Les Merkley stated the following: • The deed restriction is only on the road frontage on Mulberry Street; and • The only issue before this Board is to whether or not allow a professional office building. Jason Sams stated the following: • The development will be luxury condos that is owned by ARC; and • Looking forward to be in downtown Jeffersonville. Les Merkley stated the following: • Legally this step is not necessary,this is a deed restriction and if both parties agreed to modified the restriction then it can be done; and • Re-development and this administration believe in transparency and placed in the deed restriction that if this should be modified or release action must be taken by the Plan Commission or Board of Zoning Appeals. Nathan Pruitt stated the following: • Spring Street is very vibrant; i Jeffersonville Board of Zoning Appeals Meeting—June 27, 2017 Page 3 of 11 • It is about 100% occupancy; I • You do have to be careful about scattering your commercial development out and then distracting or pulling away from your historic downtown; • The situation of the professional office on the south corner eliminates the possibility that there may be a second and third floor residential balcony; and • Less conflict to overlook onto the neighbor's property. Shawn Dade that he received one phone call for general information regarding 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 i 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 4- 0 as presented. 2) BZA-17-30 The next item to come before the Board was an application filed by Pinchal Fund I, LLC (Autoneum) for variances from the development standards for property at 100 River Ridge Parkway. The proposed development is a 144,000 square foot expansion of the existing site. The proposed variance is for an entrance/drive larger than the standards. The project has received approval from River Ridge Development Authority. Scott Moser appeared before the Board confirmed he received the oath and stated the following: • This site is located in River Ridge Development; • The existing facility to proposing an expansion due to new business account; • The larger expansion is due to accommodate equipment; and Jeffersonville Board of Zoning Appeals Meeting—June 27, 2017 Page 4 of 11 • The entrance increase is due to more circulation and more room to maneuver onto I the site. i 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 as presented on a vote of 4-0. 3) BZA-17-31 The next item to come before the Board is an application filed by Kimra Schleicher requesting variances from the development standards for property located at 5501 Highway 62. The proposed development is the new construction of a KFC Restaurant. The property is located in the Commercial Corridor Overlay District. David Sanders appeared before the Board confirmed he received the oath and stated the following: • Proposing a KFC Restaurant; • Requesting a non-gable roof but we are doing a bump up to screen the mechanical systems; and • This project conforms to as many standards as possible. Rita Fleming that they worked with staff to make it a better looking building. 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; E Jeffersonville Board of Zoning Appeals Meeting—June 27,2017 Page 5 of 11 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-17-32 The next item to come before the Board is an application filed by Werner Vankleef requesting variances from the development standards for property located at 2302 Hamburg Pike. The proposed development is the construction of a 3,200 square foot accessory structure for the business. The variance requested is for accessory structure size. Nathan Grimes appeared before the Board confirmed he received the oath and stated the following: • His intent is to build a pole barn structure for his fleet and equipment; • The existing garage on the site will be demolished; • The existing house will remain; and • The garage is bigger than the house and height of the new structure. Rita Fleming stated at the Plan Commission meeting they agreed to pave the lot and add additional landscaping. 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. Jeffersonville Board of Zoning Appeals Meeting—June 27, 2017 Page 6 of 11 51 BZA-17-33 The next item to come before the Board is an application filed by Samuel Grider requesting variances from the development standards for property located at 117 Maplehurst Drive. The proposed development is an addition to the existing detached garage. The current garage is roughly 22 feet by 26 feet (572 Sq. Ft.). The proposed addition is 26 feet by 26 feet (676 sq. ft.). The total accessory structure, after construction, would be approximately 1,248 square feet, exceeding the 1,000 square foot maximum allowed for accessory structure. Samuel Grider appeared before the Board confirmed he received the oath and stated the following: • The existing garage is 22 X 26 and the addition will be 26 X 26 for storage space; • This will make it over a 1,000 square feet; and • This will be used for personal storage. 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, j` 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. 6) BZA-17-34 The next item to come before the Board is an application filed by Michael Hutt requesting variances from the development standards for property located at 4101 Patricia Drive. The proposed development is an addition to the existing detached garage. The current garage is roughly 32 X 48 (1,536 sq. ft.) and the proposed additions are 40 X 32 (1,280 sq. ft.) addition to the front and a 14 X 32 (448 sq. ft.) addition to the rear of the existing garage. The total square footage will be 3,264 sq. ft. The proposed garage will be 18 feet tall, with an added cupola on the roof. Jeffersonville Board of Zoning Appeals Meeting—June 27, 2017 Page 7 of 11 Michael Hutt and Gerry McDonough appeared before the Board they both confirmed that they received the oath and stated the following: • Purchase the house together and need additional storage space; • This will not be used as a business, strictly just for storage; • There is a 40 x 60 pole barn across the street; and • This is not out of character for the neighborhood. Received several phone calls requesting general information and wanted to make sure a business would not be conducted from this property. 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. 7) BZA-17-35 The next item to come before the Board is an application filed by Billy Carver requesting variances from the development standards for property located at 222 Williams Street. The proposed development is a garage in excess of the development standards. The proposed garage sits on an empty lot adjacent to a property also owned by the applicant. Upon approval, the applicant will be joining the two lots together. The proposed garage is 55 ft. X 60 ft. (3,300 sq. ft.) and will be 21 feet tall. Billy Carver appeared before the Board confirmed he received the oath and stated the following: • There is an trailer on this site that is about 55 years old; • The trailer will be demolished; • The garage will be used just for storage; and • Will brick the front of the garage to match the house. Nathan Pruitt stated the following: Jeffersonville Board of Zoning Appeals Meeting—June 27, 2017 Page 8 of 11 • Worked with his son and talked to him about the concept of a pole barn and that this is large; • This could feel really out of character; • Requested that he do a brick knee wall; and • I feel that it would like better in the neighborhood if the rest of the walls was done in vinyl instead of letting it stay metal. Christopher Fox asked about a landscape plan because this will be out of character for the neighborhood. Nathan Pruitt stated that we could come up with a small landscape plan that would address the front of the structure. Danny Hack, 219 Williams Street appeared before the Board confirmed he received the oath and stated the following: • In favor of this application; and • Anything would look better than the trailer. Received two phone calls for general information and some concerns about the box trucks that are there. 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 with the following conditions: ➢ Contingent upon the lots being joined together; and ➢ To work with staff on the fagade material and landscaping. 8) BZA-17-36 The next item to come before the Board is an application filed by Jason Cehic requesting variances from the development standards for property located at 1501 Truckers Boulevard. The proposed development is an expansion of an existing business on an Jeffersonville Board of Zoning Appeals Meeting—June 27, 2017 Page 9 of 11 adjacent property. The variance requested is for a gravel parking lot where the trucks will be stored. Nathan Grimes appeared before the Board confirmed he received the oath and stated the following: • Requesting that the gravel to remain for a period of one year and then would be paved; • Also requesting 100%parking at the front of the property; • Will be installing several landscape islands in the front of the property; and • There will be four garage doors across the front and one in the rear. Danny Hack, 219 Williams Street appeared before the Board confirmed he received the oath and stated the following: • If this was to pass would he be able to pave the lot and use it for storage. Les Merkley stated that he would not be able to develop the property until Plan Commission approval. 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 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 with the following conditions: ➢ Contingent upon the approval of the development plan from the Plan Commission. 7. Reports from Officers, Committees, and Staff None. 8. Adjournment Jeffersonville Board of Zoning Appeals Meeting—June 27, 2017 Page 10 of 11 There being no further business to come before the Board, the meeting was adjourned at 8:53 p.m. i Mike McCutcheon, Chairperson Submitt y in a Mills, Secret ry Jeffersonville Board of Zoning Appeals Meeting—June 27, 2017 Page 11 of 11