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HomeMy WebLinkAboutJANUARY 30, 2018 MINUTES OF THE JEFFERSONVILLE BOARD OF ZONING APPEALS January 30, 2018 1) Call to Order A meeting of the Jeffersonville Board of Zoning Appeals was held on Tuesday, January 30, 2018 at 7:01 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, David Stinson and Rodger Clarke. Those Members not present were: Christopher Fox. 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 November 28, 2017 were approved as written. 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. 4) New Business 1) BZA-18-01 The next item to come before the Board was an application filed by Hal Heiner and River Ridge 6, LLC requesting variances from the development standards for property located at 150 Hilton Drive. The proposed development is for office and industrial space. The applicant is requesting variances for parking distribution, maximum parking spaces, entrance/drive widths,and lighting requirements. This development has received approval from River Ridge. Mark Madison appeared before the Board confirmed he received the oath and stated the following: Jeffersonville Board of Zoning Appeals Meeting—January 30, 2018 Page 1 of 6 • We are exceeding the percentage of allowable parking in the front of the building; • In laying this site out we were trying our best to use every inch of the property; • Proposing two separate entrances in the front for potential two separate tenants; • We also needed to have some visitor's parking; • We are on a corner lot so this property has two frontage; • The other variance that we are asking for is to maintain a free standing lights at 30' in lieu of the 20'; • The building itself will be 40' so even a 30' light will be lower than the building; and • Having a taller post with fewer lamps is a better and more efficient way to light this area. 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-18-03 The next item to come before the Board is an application filed by Kenneth Thomas requesting variances from the development standards for property located at 420 East Park Place. The applicant requests a variance from the maximum square footage allowed for accessory structure size. The applicant is requesting to add an 18 X 30 (540 square feet) lean-to on an existing 1,584 square feet garage that was approved by the Board of Zoning Appeals per BZA-15-14. The total square footage of the proposed accessory structure is 2,124 square feet. Kenneth Thomas appeared before the Board confirmed he received the oath and stated the following: • Proposing an 18 X 30 lean-to on a slab that already exists; and • Would like to add on to existing garage Jeffersonville Board of Zoning Appeals Meeting—January 30, 2018 Page 2 of 6 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 4-0. 3) BZA-18-04 The next item to come before the Board is an application filed by RSC Development Group, LLC requesting a variance from the development standards for property located at 5530 Highway 62. The applicant is requesting to place an accessory structures (dry storage) within the allowable setbacks behind the building. The side yard setback is 25 feet with an additional 20 feet for a buffer yard between the abutting residential districts. The applicant would like the place the accessory structures approximately 8-10 feet into the setbacks from the building. Deb Thompson appeared before the Board confirmed she received the oath and stated the following: • I'm with Jersey Mike Subs; • When the store was built we had to put a third door in for fire code which push our retail space back and left our kitchen really tiny; • We are requesting to install a wood shed with a shingle roof behind and up against the building; • We will be pouring a 4" concrete slab; • In the same center Bearno's has their whole cooler on the outside; • We are only asking for 8'; and • Our contractor will construct this unit and it will be used for dry storage only. Nathan Pruitt stated the following: • I've talked with RSC Development and a contractor for RSC/Jersey Mikes, the issue that I'm having, I don't have an issue with the setbacks, The Smokehouse does have a very permanent addition attached to the building; Jeffersonville Board of Zoning Appeals Meeting—January 30, 2018 Page 3 of 6 • Do not wish to see an accessory structure; and • Needs to be more permanent. Mike McCutcheon stated the following: • This is not allowed, wall cannot be wood and no shingles per the fire code; • They have released space with no storage; • It must be built with like material and must be blended in; and • We have to have it look like the building and be safe. Deb Thompson stated that they are willing to do whatever you want them to do, will make it brick. Mike McCutcheon stated that this needs to be more permanent and if we allow add on space to the structure it will be all over the place. Nathan Pruitt stated the following: • Pole barn style will not work; • Dry storage only; and • The addition to the primary structure with like material. Mike McCutcheon stated that the applicant should work with staff on the structure. Nathan Pruitt stated that it must be like the building and permanent. Les Merkley asked is when Jersey Mikes looked at this location did they not see the lack of space. Deb Thompson stated the following: • Yes,the original floor plan was acceptable but the Fire Marshal said that we needed a third door and it had to be 20' from the front door; and • We have storage up above but we need a ladder to get to it. Mike McCutcheon stated that you cannot exit through the kitchen. Les Merkley stated that someone should have known that. Nathan Pruitt stated that my recommendation is for them to come back for a more permanent solution. The applicant requested that this application be tabled so that they can come up with a new plan for storage. Jeffersonville Board of Zoning Appeals Meeting—January 30, 2018 Page 4 of 6 4) BZA-18-05 The next item to come before the Board is an application filed by Israel Sanchez-Gutierrez requesting variances from the development standards for property located at 3509 Utica Sellersburg Road. The applicant request a variance from the allowable setbacks from both side property lines. The applicant is requesting to construct a 30 x 80 (2,400 square feet) garage. The applicant must pave drive access to all bays of the garage. Israel Sanchez appeared before the Board confirmed he received the oath and stated the following: • Will use the building to store my tools and work on my personal cars; and • Will not be used for commercial purposes. Rodger Clarke asked it the current structure will be renovated, there is a lot of damage to the house. Israel Sanchez stated that they will repair the house and renovate the structure and take care of the damages on the house. 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 4-0. 6. Reports from Officers, Committees and Staff Nathan Pruitt stated the following: • Our annual report is wrapping up and I will be doing a final edit and you should be getting this at the next meeting; • There will not be a meeting in April of this year; • We have a national conference that we are attending; Jeffersonville Board of Zoning Appeals Meeting—January 30, 2018 Page 5 of 6 • Couple of project updates that are planning related, we are under contract for the Spring Street Master Plan; • We are currently under a plan right not for 10th Street that is funded through Redevelopment and City Council; • We just had a great public meeting to discuss the future of 10th Street; • We had some really great responses and our consultant team has put together some recommendations; and • We did win a grant for another planning area, Court Avenue will receive some changes in the future. 7. Adjournment There being no further business to come before the Board, the meeting was adjourned at 7:33 p.m. / i CAN/ Mike McCutcheon, Chairperson Submitted,- a-mills, Secretary Jeffersonville Board of Zoning Appeals Meeting—January 30, 2018 Page 6 of 6