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HomeMy WebLinkAboutBZA JUNE 26, 2018 MINUTES OF THE JEFFERSONVILLE BOARD OF ZONING APPEALS June 26, 2018 Call to Order A meeting of the Jeffersonville Board of Zoning Appeals was called to order at 7:52 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: Christopher Fox, Mike McCutcheon, David Stinson and Rodger Clarke (4 of the 5 members present). Those Members not present were: Rita Fleming. Also present were Nathan Pruitt, Planning & Zoning Director, and Les Merkley, Planning & Zoning Attorney, Ashley Woolsey, Planning &Zoning Coordinator and Peggy Hardaway, Secretary. 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 BZA-18-12 Debbie Smith with America Place filed an application requesting a variance from the development standards for a parcel located 150 Hilton Way. The proposed development is on approximately 28 acres and is a 150,800 sq. ft. development that would house office space and cafeteria with outdoor dining space. The applicant is requesting variances to exceed the maximum parking spaces allowed. Property is located in River Ridge Development surrounded by properties that are zones IR(INAAP). Spencer Heuke, Heritage Engineering—we are seeking a variance to go beyond the 30' egress for vehicles. Trying to accommodate the scale of this development and it is typical to accommodate traffic with the size of the lot and building associated. Board questions: none Public comment: against-none; support - none. Jeffersonville Board of Zoning Appeals Meeting-June 26, 2018 Page 1 of 7 Board comment: Mr. Fox—is the request on the parking capability or the entrance expansion? Mr. Pruitt — it is the width of the driveway. (Note — clerical error in body of staff report regarding parking spaces.) 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. 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. 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 found above the Board approves this application. Passing 4-0. New Business BZA-18-18 River Ridge Jeffersonville Properties LLC filed an application request for variance from the development standards for a parcel located at the 350 Logistics Avenue. The proposed use is a bottling facility. The applicant has applied for multiple variances regarding height, parking, loading location, and entrance width. All properties within the vicinity are zones IR (1NAAP Redevelopment). John Youll, CEI Engineering • Variance on height 65'9" to be consistence with tanks at company's other locations (water silo on back of building-not visual) • Variance on height 8' fence with landscaping and berm the difference will not be noticeable • Variance on parking — 54% to allow parking for our trucks where they function best. • Variance on parking—241 spots; 100 for trucks, 141 associates and visitors based on operations compared to our other locations Mr. McCutcheon—will these numbers meet your parking needs? Mr. Youll—yes • Variance on drive width at the property line — we are requesting 59.54', to allow radius for trucks to maneuver • Variance on loading standard—this is company standard that works well. Public comment: support—none; against—none. Board comment: Mr. Stinson—I did not see any other companies who load in the front? Mr. Youll — again the way the facilities lay out with silos, transformer, nitrogen tank that is on the opposite side hidden away. If you drive around River Ridge several are not in back. It does help for the land. Includes 5' berms. Mr. Pruitt—there is a substantial landscape plan, and they have River Ridge approval. Jeffersonville Board of Zoning Appeals Meeting-June 26, 2018 Page 2 of 7 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 finding described above the Board approves this application, passing 4-0. BZA-18-19 Koetter Construction and Development filed an application requesting a variance from the development standards for property located at 4725 New Middle Road. Property is zoned I1. The proposed development is a paved lot for outdoor vehicle storage for an existing business, Knapheide, on the adjacent parcel. The parcel on which the expansion will occur is a separate parcel from the one that the existing business resides. The applicant also applied for a Special Exception, as it is not a permitted use by right and a Development Plan. Surrounding properties are predominantly I1 (Business Park/Light Industrial). Josh Hillman, Jacobi, Tombs & Lanz, Engineers —on behalf of Koetter Construction and Knapheide. • Variance of maximum impervious surface- requesting 68% for vehicle storage. • Variance separation — requesting 6', we already have a 6' fence around the property and would like to continue that height. The fence sits down behind a berm and heavy vegetation. • Variance for driveway to exceed the standard — requesting 50' matches the opposite side and better for trucks to maneuver. Mr. Pruitt — no primary structure or manufacturing happening on this lot. The other facility is under light manufacturing rule permitted by right. Having two parcels we have to access the parcel as defined. If they were to Z the parcels together we would not need this but they could not get that done. The auditor's office would not consolidate them. Public Comment: supporting—none; against—none. Board Comments/questions: Mr. McCutcheon — I hope you take the concerns of the neighbors who were at the previous meeting and I hope you had the opportunity to speak with them and take their concerns into the planning for the future. Mr. Fox — what does the berm plan look like between R1 and the neighborhood across the street? Mr. Hillman — the berm shown is 5' high with mixed evergreen, we added more evergreens at the request of Mr. Pruitt and we staggered the evergreen to increase the separation. Mr. Fox—what about lighting standards and noise? Mr. Pruitt—he will have to comply with lighting standard—I believe is 20'. Ms. Woolsey—they submitted a lighting plan and it is in compliance. Mr. Fox—I am just concerned with noise. Mr. Hillman — current hours are 7 am-3:30 pm with potential of second shift later, the noise in questions were backup beepers, but this new buffer will do a much better job. Jeffersonville Board of Zoning Appeals Meeting-June 26, 2018 Page 3 of 7 The Jeffersonville Zoning Ordinance specifies the Board may grant a variance if the applicant demonstrates the following: 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 4-0. BZ-18-25 Koetter Construction is requesting a special exception use to have outdoor vehicle storage for property located at 4725 New Middle Rd. The proposed development is a paved lot for outdoor vehicle storage for an existing business, Knapheide, on the adjacent parcel. The parcel on which the expansion will occur is a separate parcel from the one that the existing business resides so it acts as a primary use for that parcel. The business has also applied for Development Standard Variances and a Development Plan. Surrounding properties are predominantly I1 (Business Park/ Light Industrial). Mr. Hillman said this is the same property that was reviewed under BZ-18-19. Public Comments: against—none; support—none. Mr. Pruitt reported there were a few calls, questions from the church. Board Comments/questions: none. The Jeffersonville Zoning Ordinance specifies the Board may grant a variance if the applicant demonstrates the following: 1) The special exception will not be injurious to the public health, safety, moral, and general welfare of the community; and 2) The requirements and development standards for the requested use prescribed by this Ordinance will be met; and 3) Granting the special exception will not subvert the general purposes of the Zoning Ordinance and will not permanently injure other property and uses in the same district; and 4) The proposed use will be consistent with the character of the district therein, the spirit and intent of the Zoning Ordinance, and the Jeffersonville Comprehensive Plan. Based on the findings described above, the Board does now approve this application. BZ-18-20 Pamela Johns filed an application requesting a use variance to allow a residential use in combination with a commercial use. A financial advising firm has been operating on the property as a legal non-conforming use along with an apartment used by the building owners. The owners are intending to expand the existing business by enclosing a carport. This expansion has triggered the need to conform to the current Zoning Ordinance. As part of the process, the owners submitted an application to rezone the property from R1 (Low Density Residential) to Jeffersonville Board of Zoning Appeals Meeting-June 26, 2018 Page 4 of 7 OC (Office Commercial). The owners desire to maintain the ability to use part of the space as an apartment to stay when they are in the area. Mr. Pruitt—Ms. Johns was at the Planning Commission with a favorable recommendation to City Council to R1 rezone for the current business there—Edward Jones Investments. The expansion could not be granted because they are not within the zoning code. Rezoning must take place before a permit for expansion could be granted. Ms. Johns—it is not a rental, it is originally the space that is now in the back of Edward Jones Investments business, was a barber shop/salon who moved out in 2011 and we decided to make it a personal apartment for ourselves, we live out of town and have elderly parents and grandkids in the area. 500 sq ft apartment, one bedroom since 2011. Mr. Pruitt—another housekeeping item, it is always good to have someone on the property when business is inactive. The department does not see this as an issue with this change. Public comment: support—none; against—none. Board questions: 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. 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. 3) The need for a variance stems from a condition unusual or peculiar to the subject property itself. 4) The strict application of the terms of the Zoning Ordinance would result in an unnecessary hardship in the use of the property. 5) The approval of the variance does not contradict the goals and objectives of the Comprehensive Plan. Based on the findings above, the Board approves the application, passing 4-0. BZ-18-21 Casey Schneider and Addison Traughber filed an application for a use variance for property located at 114 Willinger Lane. They are the owners of Outlast Strength & Conditioning. They would like to create an apartment space within the same building as their gym facility so they can work and live at the same location. The subject property is zoned C2 (Medium to Large Scale General Commercial). Adjacent properties to the East, South, and West are also zoned C2 (Medium to Large Scale General Commercial). Property to the North is zoned I2 (Industrial Park/Heavy Industrial). Other zoning classifications within the vicinity are MP (Mobile Home Park) and R1 (Low Density Residential). Mr. Fox made a motion to table item for lack of representation. Mr. Clarke seconded, and motion passes 4-0. BZ-18-22 Robert J and Leslie Wills filed an application requesting a variance from the development standards for property located at 3718 Charlestown Pike. The applicant is requesting to place an accessory structure (pole barn) that is in excess of the maximum allowable size of 1,000 square feet. The property is zones R1. Directly adjacent properties to the North and South are also Jeffersonville Board of Zoning Appeals Meeting-June 26, 2018 Page 5 of 7 zoned R1 (Low Density Residential). To the west, across railroad track is zoned I1 (Business Park/Light Industrial). Across Charlestown Pike, properties are zoned R2 (Medium Density Residential) and a newly rezoned to PD (Williams Crossing residential subdivision). Ben Newman—stepfather of Mr. Wills. • Variance—size 30 x 60 and 17' height (1,800 sq ft) Public comment: support - none, against—none Mr. Fox—proposed use of structure? Mr. Newman—store four antique tractors to repair and rebuild—personal storage 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. 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. 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 4-0. BZ-18-23 Sharon Ann Newman filed an application requesting a variance from the development standards for property located at 3720 Charlestown Pike. The applicant is requesting to place an accessory structure (pole barn) that is in excess of the maximum allowable size of 1,000 square feet. The applicant is requesting to build a 1,800 square-foot pole barn. Ben Newman, husband to Sharon • Variance—size 30 x 60 and 16' high barn for woodshop and personal storage Mr. Fox—what is in back of property? Mr. Newman—railroad tracks Public comment—support: none; against: none. Letters concern/Board questions: Mr. Fox—there is no intent for these structures to operate a business? Mr. Newman—none at all 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. 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. 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 4-0. Jeffersonville Board of Zoning Appeals Meeting-June 26, 2018 Page 6 of 7 BZ-18-24 Consolidated Grain and Barge filed an application requesting a variance from the development standards for property located at 5130 Port Road. The property is zoned I2 (Industrial Park/Heavy Industrial). The proposed development is a 30,060-square-foot storage building and a 2,400-square-foot rail shed. The variance is for the height of the structures. Bob Graverhodt with ASM Engineering representing the applicant. • Two structures-flat storage building 44.5' (35' code) and rail shed 41' (25') Public comment: support-none; against-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 described above the Board approves this application. 4-0 Reports from Officers, Committees and Staff Nathan Pruitt introduced new staff • Ashley Woolsey-staff planner, doing development review for meetings • Peggy Hardaway - new secretary to take minutes Adjournment There being no further business to come before the Board, the meeting was adjourned at 8:32 pm. Y J1 `-�-- Mike McCutcheon, Chair Submitted by: fi 4-frAADA.40 41 • . , Secretary Jeffersonville Board of Zoning Appeals Meeting-June 26, 2018 Page 7 of 7