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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] Jeffersonville Board of Zoning Appeals Meeting—October 24, 2017 Page 1 of 6 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; Jeffersonville Board of Zoning Appeals Meeting—October 24, 2017 Page 3 of 6 • 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. Jeffersonville Board of Zoning Appeals Meeting—October 24, 2017 Page 4 of 6 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. Jeffersonville Board of Zoning Appeals Meeting—October 24, 2017 Page 5 of 6 Mike McCutcheon, Chairperson Submitt • e. ''tea Mills, Secret Jeffersonville Board of Zoning Appeals Meeting—October 24, 2017 Page 6 of 6