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HomeMy WebLinkAboutJULY 25, 2017 MINUTES OF THE JEFFERSONVILLE BOARD OF ZONING APPEALS July 25, 2017 1) Call to Order A meeting of the Jeffersonville Board of Zoning Appeals was held on Tuesday, July 25, 2017 at 8:53 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, and Dave Stinson. Those Members not present: Christopher Fox and 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 Rita Fleming and seconded by Dave Stinson, the minutes of the regular meeting June 27, 2017 were approved as written. 4) Oath Les Merkley, City Attorney 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 Docket David Stinson made a motion to approve the docket as presented, seconded by Rita Fleming. Motion passed on a vote of 3-0. 6) New Business 1) BZA-17-37 The next item to come before the Board was an application filed by Dr. Brian Laythe requesting a use variance to operate a Religious and Research Institute at 1420 Plank Road. The applicant is the director of the Institute for the Study of Religious and Anomalous Experience. The organization has been donated the property at 1420 Plank Road and would like to operate their office at this location. Included will be weekly meetings, special e Jeffersonville Board of Zoning Appeals Meeting—July 25, 2017 Pagel of 5 weekend seminars, the general storage of scientific equipment, and will house a psychological laboratory. Brian Laythe appeared before the Board confirmed he received the oath and stated the following: • This is not a religious institute; • It is a psychological institute for the study of ideology and religion as well as parapsychological; • We are requesting basically to just use the space as an office space and psychological laboratory; • We are not intending to do any building or change the property; • We want to improve the quality of the existing property; • The use would be approximately twice a week at first; • We need a firm base for running our internships; • We are aware that this is a residential neighborhood; • We don't intend to change the character of the building; • We are going to try and improve the character of the building; • We don't intend to run this place as a business in anyway shape or form; • Traffic will not increase, use of the place will be infrequent; and • Our intention is not to advertise this location and our intentions are not to increase traffic in this location, we realize that this is a residential property. Duane Riggs, 1412 Plank Road appeared before the Board confirmed he received the oath and stated the following: • Been a resident for 21 years; • This is a residential area no institutional; • This is an emergency route for first responders; • This home has never been maintained; • The City has mowed this property for some time and the building is in major disrepair; • Has no parking for institutional; • Simple things as removing phone books from two years ago have not been done; • It's a place where rodents have occupied; • Calls to Code Enforcement have been responded to in prior years with we know the place well; • For the place five years calls to Code Enforcement has subsided as we grew tired of complaining; • A neighbor has been volunteering mowing and cutting the grass; and • The house should be condemned. Judell Smith, 1422 Plank Road appeared before the Board confirmed she received the oath and stated the following: Jeffersonville Board of Zoning Appeals Meeting—July 25, 2017 Page 2 of 5 • My parents live next door and fear of increase traffic; • Bedroom is next to driveway and sleeps in the afternoon with different people coming and going to the property; • Have not maintained property; • Would you want someone study paranormal activity right next to you or next to your parents; • Even though he stated that there will be only six to eight people there at one time, one to two times a week but when they get into the property and there is twenty people coming to this house, where are they going to park; • There are children in the neighborhood and this is unfair to the residents; and • Please consider this when you are making your decision. Carol Riggs, 1412 Plank Road appeared before the Board and confirmed she received the oath and stated the following: • We took some pictures of the property and he made it clear that he is not going to do anything on the outside just on the inside; and • We will still have to look at the home. Jeneth Borcherding, 1422 Plank Road appeared before the Board confirmed she received the oath and stated the following: • This will be nuisance; and • The house is run down and needs to be torn down. Andrew Borcherding, 1422 Plank Road appeared before the Board confirmed he received the oath and stated the following: • If it is so important that he holds meetings why can't he do this at his own home or at a commercial property. Laura Spencer, 1424 Plank Road appeared before the Board confirmed she received the oath and stated the following: • Has been in the area for 54 years; • Property has been run down for over 20 years; • The people that was living there was not very good; • House needs to be demolished; • Enough trouble on Plank Road; and • We don't need the extra foot or car traffic. Duane Riggs stated that he has a petition of 24 neighbors in opposition to this application. F Jeffersonville Board of Zoning Appeals Meeting—July 25, 2017 Page 3 of 5 Brian Laythe stated the following: • Intend to improve the house the exterior and interior of the structure; • The house is structurally sound, it does need clean up; • I will maintained the property; • No activity will cause noise violations; • House will continue to stay as is if it remains vacant; • There will be accountability and plan to install security cameras; • The lot is 300 to 400 feet along and if necessary will build driveways to make sue parking is not an issue; • Will do what we have to do to protect the property; • We do conduct paranormal investigations but we do it as scientists; • We have a strong line of research; • We have a good record working with the community; • We are not here to cause problems, but will improve the property and increase their property values; • A lot of opinions are based on myth and that is not what we do, we are research scientist; and • An abandoned building is more likely to promote crime than an occupied home. Mike McCutcheon stated that a lot of people in the audience are upset with the owner of the property for not maintain the property, but he is not here. Rita Fleming asked if he was going to buy the property or rent from the owner. Brian Laythe state that the owner has offered to do a in kinddonation of rent, meaning he will be donating the space to us but maintaining the ownership. The contract we have stated that we have rights to improve the property. Mike McCutcheon stated that we are at a point where a lot of concerns have been brought up tonight, you have an opportunity to consider to table and come back with a plan. Brian Laythe stated that he would like to table this application. Therefore, upon a motion made by Dave Stinson and seconded by Rita Fleming to table this application until the next scheduled meeting. Motion passed on a vote of 3-0. 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 9:26 p.m. Jeffersonville Board of Zoning Appeals Meeting—July 25, 2017 Page 4 of 5 Mike McCutcheon, Chairperson Submitte v � inddMills, Se cr ary Jeffersonville Board of Zoning Appeals Meeting—July 25, 2017 Page 5 of 5