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Home My WebLink AboutBZA MAY 29, 2018 MINUTES OF THE JEFFERSONVILLE BOARD OF ZONING APPEALS May 29, 2018 Call to Order A meeting of the Jeffersonville Board of Zoning Appeals was held on May 29, 2018 at 7:51 pm in the Council Chambers, First Floor, Jeffersonville, City Hall 500 Quartermaster Court, Jeffersonville, Indiana. Chairperson, Mike McCutcheon called the meeting to order. Roll Call The roll was requested by the Mike McCutcheon, those Members present were: Rita Fleming, Mike McCutcheon, and Rodger Clarke. Those Members not present were: Christopher Fox and David Stinson. Also present were Nathan Pruitt, Planning & Zoning Director, and Les Merkley, Planning& Zoning Attorney. Approval of Minutes No minutes available to approve at this time. Approval of Findings of Fact None 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. Old Business 1. BZA-18-06 Applicant filed a request for a variance from the development standards for a parcel located at 3511 East Tenth Street. The proposed development is for a bank. The applicant is requesting variances to reduce the required minimum lot area,the minimum floor area and the distance for an entrances variances to exceed the maximum height, maximum parking spaces and maximum projections of parking spaces in front of the building setback. Kent Goodtee, Mindell, Scott&Associated 5151 Jefferson Blvd 40219. • No entrance on Tenth Street — entrance will be 160' from Tenth Street due to Jefferson Common behind the development • Because we have frontages we automatically have a development code violation because we will have parking on all three frontages (30% is code). Requesting 7 more parking spaces above the maximum allowed. • 3,700 sq ft building—minimum code is 5,000 sq ft Jeffersonville Board of Zoning Appeals Meeting - May 29, 2018 Page 1 of 6 • Requested a 1 acre lot C2 development—was approved • Building height—25' ridge approval • Typical foot print for River City Bank—currently has 6 of this style Public Comment: for—none; against—none. Board Comment/question: none 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 this application on a vote of 3-0. New Business 2. BZA-18-12 The applicant filed an application request for variance for the development standards variance for a parcel located at 150 Hilton Way. The proposed development is on approximately 28 acres, 150,000 sq ft development that would house office space,cafeteria,outdoor dining space. The applicant is requesting a variance to exceed the maximum parking spaces allowed. The applicant was not in the last meeting — anyone here to speak on BZ-18-12? Seeing none —Mr. McCutcheon made the motion to table the item, seconded by Dr Fleming, passed 3-0. 3. BZA-18-13 The applicant filed an application request for variance for the development standards for a parcel located at 222 West Maple Street. The proposed development is a proposed multi-family housing with 214 Units. It is located within the downtown residential overlay district. The applicant is requesting multiple variances regarding parking, location of trash collection bins and fencing. David Sanders, Paul Primavera &Associates 301 East Chestnut St, Corydon Indiana. We are here tonight to present the Waypoint Residential. • We are constrained to zero setbacks on street frontage, we have frontage on 3 streets we are required to have a dumpster pickup off one of those streets. • Replace existing fence with stockade aluminum fence at 6'. Mr. Clarke—how high will the screening around the dumpster will be? Mr. Sanders - 10' with plantings Public Comment: against- none; support: none. Board comment/question: Mr. Pruitt— would the developer provide bus stop shelter because currently we have two stops in front of this property? Jeffersonville Board of Zoning Appeals Meeting - May 29, 2018 Page 2 of 6 Christopher Harries 6149 Dillback Dallas Texas with Wakeling. We are willing to engage this addition. 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; 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 this application on a vote 3-0. 4. BZ-18-14 The applicant filed an application for development standards variance for property at the corner of Vissing Park Road and Windmill Lane. The proposed development is 5 buildings,multi- family apartments with a total of 96 units. Chris Brown, BT Engineering representing Autum Ridge of Jeffersonville IN 2, LLC. • Serves a need for Jeffersonville's housing needs • Variance from 2 to 3stories • Variance request density increase from 8 units per acre 21. • Reduction in parking by eliminating visitor parking requirement • Increasing allowable height from 2 to 3 stories (46') • 35' Landscaping—overlap landscape and setback Jim Gelis, K4 • Shingle pitched roof _ • Single hung windows with visual interest C L A �' 1 ` • Gables in center focal ways • Height concern—eve will most likely be less than✓30' Mr McCutcheon—were you able to take,the comments from the residents in the area and assist them the best choice of planting? Gelis- We want to meet the re irements with buffer D. There is a steep drop and the buildings are arrange in a way Shaf we do have to step down because of the topography. Dr Fl ing—weapWreciate if developers meet with neighbors M Avery Will there be assigned parking? Rus '•rner, Sundance Management Property—we mange the property next door. There will not be assigned parking. Public comment: support: none. Against: Mary Jo Rhoton— I live directly behind the apartments, my back yard will at the highest point with 3 stories in your back yard. Please reconsider, there is not going to be anyone to buy my home. The trees are not going to give me privacy,the current property has a wall between the homes and apartments. Please consider only allowing 2 stories. Board comments/questions: Mr McCutcheon—Mr. Pruitt is there anything to give consideration on this side regarding the height? Jeffersonville Board of Zoning Appeals Meeting - May 29, 2018 Page 3 of 6 Mr. Pruitt— I think there is a proposal from the applicant to do some type. Mr Brown — the proposal was to meet the buffer yard D with planting, grouping close together. Mr McCutcheon — please keep their concerns in mind for more privacy when plans are complete. The Jeffersonville Zoning Ordinance specifies the Board may grant a variance if the applicant demonstrates the following: 1) The approval will not be injurious to the public health, safety, morals, and general welfare of the community; and 2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and 3)The strict application of the terms of the Ordinance will result in a Practical Difficulty. This situation shall not be self-imposed, nor be based on a perceived reduction of or restriction of economic gain. The Board approved this application based on the findings above. Passes 3-0. 5. BZ-18-15 The applicant filed an application requesting a variance from the development standards for a parcel located at the southeast corner of Woehrle Rd and Veteran's Pkwy. The proposed development is for a dental office. The applicant is requesting variances to exceed the maximum parking spaces allowed. Figure 1 shows the location of the subject property. John Kraft—Young, Lind, Endres, Kraft 126 West Spring Street New Albany. • Parking standards—maximum is 10, we are requesting 13 Public comment: support—none; against—none Board comments: none The Jeffersonville Zoning Ordinance specifies the Board may grant a variance if the applicant demonstrates the following: 1) The approval will not be injurious to the public health, safety, morals, and general welfare of the community; and 2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and 3)The strict application of the terms of the Ordinance will result in a practical difficulty. This situation shall not be self-imposed, nor be based on a perceived reduction of or restriction of economic gain. Based on the findings above, the Board approves the application, passing 3-0. 6. BZ-18-16 The applicant filed an application requesting a variance from the development standards for property located at 25 Blanchel Terrace. The applicant is requesting to place an accessory structure(garage attached by breezeway) that is in excess of the maximum allowable size and height for accessory structures. The maximum size allowed is 1,000 square feet and the maximum height allowed is 18 feet. The applicant is requesting to build a 1,064 square feet garage that is 22 feet tall to match the roofline of the primary structure. Jeffersonville Board of Zoning Appeals Meeting - May 29, 2018 Page 4 of 6 3)The strict application of the terms of the Ordinance will result in a Practical Difficulty. This situation shall not be self-imposed, nor be based on a perceived reduction of or restriction of economic gain. Based on the findings stated above the Board approves the application, passes 3-0. Reports from Officers, Committees and Staff Nathan Pruitt stated the following: • New signs for public notification which are much more descriptive; • Shawn Dade is leaving— last meeting Adjournment There being no further business to come before the Board, the meeting was adjourned. W7ife• Mike cCutcheon, Chair Submitted by: • ` y, Secretary Jeffersonville Board of Zoning Appeals Meeting - May 29, 2018 Page 6 of 6