HomeMy WebLinkAboutNOVMEBER 28,2017 MINUTES OF THE JEFFERSONVILLE
BOARD OF ZONING APPEALS
November 28, 2017
1) Call to Order
A meeting of the Jeffersonville Board of Zoning Appeals was held on Tuesday,November
28, 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, David Stinson and
Rodger Clarke. 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 September 26, 2017 were approved as written.
Upon a motion made by Rita Fleming and seconded by Dave Stinson, the minutes of the
regular meeting October 24, 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.
(SECETARY'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-17-52
The next item to come before the Board was an application filed by Koetter Five Star
Properties IN, LLC requesting variances from the development standards for property at
1645 Veterans Parkway. The property is zoned C2-PD (Commercial). The variances are
for maximum lot coverage.
[A]
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Mark Patterson appeared before the Board confirmed he received the oath and stated the
following:
• Requesting a variance of approximately 4.82% of impervious;
• This is a small site .85 acres;
• A lot of the reason we are over the impervious percentage is because the existing
property line goes to the middle of the road;
• This has been a common thing with a lot of lots we have in the area; and
• There will be underground detention.
No phone calls were received in opposition or in favor of this application.
Therefore, 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.
2) BZA-17-53
Christopher Fox came into the meeting.
The next item to come before the Board is an application filed by KDC Development, LLC
for variances from the development standards for property at 3818 E. 10th Street. The
proposed development is for a multi-tenant building. The applicant is requesting variances
for maximum lot coverage, variances from the parking standards, and variances from the
Commercial Corridor Overlay requirements.
Kelli Jones appeared before the Board confirmed she received the oath and stated the
following:
• The site is located in the Jefferson Ridge Development;
• The maximum lot coverage is very much the same as the last applicant you heard
from;
Jeffersonville Board of Zoning Appeals Meeting—October 24, 2017 Page 2 of 6
• There is an access road at the back of our property and the property line goes to the
center of that road;
• The maximum coverage allowed is 70% and we are at 75%;
• If you look at the PD for some of surrounding areas they have written into their
PD's some of the exact same variances;
• We are in the process of starting a PD for the remainder of this development;
• The second variance we are requesting is parking in front of the building more than
what is allowed;
• The reason we are doing that it is much more efficient drive line and more compact
development; and
• We are not providing a pitch roof it would be a flat roof but there is variation in the
roof and side of the building.
No phone calls or letters were received in opposition or in favor of this application.
Therefore, the Board made the following Findings of Fact:
1. The variance of the development standards would not be injurious to 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 5-0.
3) BZA-17-54
The next item to come before the Board is an application filed by Dmitry Dukhan and
Medline requesting variances from the development standards for property located at 251
Hilton Drive. The proposed development is for a warehouse. The applicant is requesting
variances for fence and wall standards, parking standards, entrance and drive standards,
lighting requirements, and loading standards. This development has received approval
from River Ridge.
Andy Taylor appeared before the Board confirmed he received the oath and stated the
following:
• Here today to request those five variances;
• One of the variance is for the fence and wall,the ordinance requires an 8' maximum
fence height for the side yards and 5' maximum for the front;
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• Currently we have dock location on Hilton Drive for security reasons we are
requesting that we maintain the 8' fence height;
• We have another request for the parking distribution,the ordinance states that there
is a maximum of 30%parking along the frontage;
• Due to our corner lot configuration it's not very inducive to providing only 30%in
front of the building regarding the dock locations;
• We need to place the employee parking near the front of the building;
• The next request is for the entrance drive standards which requires a maximum
width of 30 feet;
• For proper truck movement and safety these entrances are a little bit wider than 30';
• We are requesting a variance for the lighting requirements,the codes requires a 20'
maximum pole height;
• We are trying to place less fixtures on site so we are requesting a 30' maximum
pole height and reduce the numbers of poles; and
• The next request is the loading standards,the ordinance does not allow loading area
around the frontage but this is a corner lot and the loading docks will be on Hilton
Drive.
No phone calls or letters were received in opposition or in favor of this application.
Therefore, 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 5-0.
4) BZA-17-55
The next item to come before the Board is an application filed by Kentuckiana Investment
Properties, LLC requesting variances from the development standards for property at 3118
E. 10th Street. The proposed development is a 10,150 square feet multi-tenant building.
The property is located in the Commercial Corridor Overlay District (CCOL). The
property was granted a variance per BZA-06-37 to have access off of a private road, and
was granted a variance for parking distribution per BZA-07-52 to allow 78%of the parking
in the front, and 0%of the parking in the rear.
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Jason Copperwaite appeared before the Board confirmed he received the oath and stated
the following:
• This is a 1.5 acre site behind the Norton building and just in front of the Meijer
building;
• This project actually received development plan and several variances approved in
2008;
• They could not find a tenant and the development plan expired but the variances
granted at that time did not;
• We are here asking for two variances one for building height and no gable roof;
• It feature an access through Norton's that they have negotiated with Meijer over to
Meijer Drive;
• The landscaping, lighting and signage is in compliance with regulations;
• The variance comes with the building façade which the parapet wall is 26' 6" and
the ordinance has a maximum of 25'; and
• There are no buildings in this area with gable roofs.
No phone calls or letters were received in opposition or in favor of this application.
Therefore,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 5-0.
6. Reports from Officers, Committees and Staff
Nathan Pruitt stated that there will be no meeting in December.
7. Adjournment
There being no further business to come before the Board, the meeting was adjourned at
8:02 p.m.
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Mike McCutcheon, Chairperson
Submitt •
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''tea Mills, Secret
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