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.
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Mike McCutcheon, Chair
Submitted by:
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Jeffersonville Board of Zoning Appeals Meeting-June 26, 2018 Page 7 of 7