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HomeMy WebLinkAboutBZA JULY 31,2018 MINUTES OF THE JEFFERSONVILLE BOARD OF ZONING APPEALS July 31, 2018 Call to Order A meeting of the Jeffersonville Board of Zoning Appeals was called to order at 8:06 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, Christopher Fox, Mike McCutcheon, David Stinson and Rodger Clarke. All Members present. Also present - Nathan Pruitt, Planning & Zoning Director, Les Merkley, Planning & Zoning Attorney, and Ashley Woolsey, Planning&Zoning Coordinator. Approval of Minutes Mr. Stinson made the motion to approve the March 27, 2018 Minutes, seconded by Mr. Clarke and motion passes 5-5. Mr. Stinson made the motion to approve the May 29, 2018 Minutes, seconded by Mr. Clarke and motion passes 5-5. 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-18-21 Casey Schneider and Addison Traughber filed an application for use variance for property at 114 Willinger Lane. The proposed use would be to have a residence and gym at the same location at a C2 commercial zone. Casey Schneider and Addison Traughber, 10607 High Plans Pass Sellersburg. We have ran a gym for 5 years renting in the Nolan Center. After years of paying both mortgage and lease for two properties we decided to purchase the Willinger location for a gym and residence which already has finished living space with bath and kitchenette. We are an established business. Letters, calls: none Public comment: in favor of: none; against: none Board questions: none Jeffersonville Board of Zoning Appeals Meeting-July 31, 2018 Page 1 of 6 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 will not contradict the goals and objective of the comp plan. Based on the findings found above the Board approves this application; passing 5-0. New Business BZA-18-26 Jason Sams, ARC-filed an application for development standards variance for 3808 E 10th Street. The property is zoned C2, commercial. Jason Sams, 1517 Fabricon Boulevard; on behalf on ARC and First Savings Bank. We are asking for 6 variances: • Minimum lot area —one acre • Minimum lot width—158 ft • Minimum main floor-2700 sq ft • Maximum off street parking—20 spaces • Maximum front parking—55% • Fiat roof Mr. Fox—why is there a decrease in all the standards for this development? Mr. Sams—the ideal behind the proposed PD is attractive various users in the front. Most users are a one acres development. Dr. Fleming—are you asking for a landscaping variance? Mr. Sams—no, the landscaping, it will be used to screen parking. Dr. Fleming—are two drive-thru lanes enough? Mr. Sams—yes, for this size bank Mr. Clarke—is this going to close another branch? Mr. Sams—no Mr. Stinson—any concern about viability long term with 4 banks in this area? Mr. Sams—no, because they are small in calibur Letters, calls, email? Non Public comment: favor—none; against—none. Board comment: 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. Jeffersonville Board of Zoning Appeals Meeting-July 31, 2018 Page 2 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 finding described above the Board approves this application, passing 5-0. BZA-18-27 Mr McCutcheon requested motion to table BZA-8-27. Mr. Stinson made the motion to table; Mr. Clarke seconded and motion passes 5-0. BZA-18-28 Brandon Kramer filed an application for variance development standards for a property at 6202 Gheens Mills Road; zone 11, industrial Joe Booher, 255 Highland Avenue Sellersburg; I am with JHP General Contracting as his general contractor. We were approved for a 5' fence of a secure self-storage. We would like to install 7' rod iron fending in the front of the building with a gate, and rubber coated chain around the rest of the property. Letters, call from public: None Public comment: favor—none; against—none The Board of Zoning Appeals in the City of Jeffersonville having heard the application for variance described above and all opposition from parties claim to be adversely affected there by does now enter the findings: 1)The variance of the development standards 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 finding described above the Board approves this application, passing 5-0. BZA-18-29 Mac's Convenient Store, LLC filed an application for variance development standards at 1655 E 10th St, 1647 E 10th St, 1639 E 10th St and 1572 Plank Road, the property is zoned C2, commercial. Jason Copperwaite, Paul Primavera and Associates 301 Chestnut Street Corydon, representing Mac's Convenient Store LLC which is the owners Circle K brand. Mr. Merkley — a list of request from our developmental standards, I advised Mac that it would be prudent to include a variance from the developmental standards in reference to the one mile requirement on gas stations. I believe we are grandfathered in, but to clarify this so we don't have issues down the road were we set precedence for other gas stations that may or may not want to expand. I advise that this Board also request a variance on that the one mile requirement. Mr. Copperwaite—we do not have a problem with that. This proposal would be to add 2 additional parcels. • Minimum lot area —79,700 sq ft • Maximum lot coverage - 75.59% • Parking spaces—28 • Maximum front parking—50%front, 50% back Jeffersonville Board of Zoning Appeals Meeting-July 31, 2018 Page 3 of 6 • Entrance/drive-51.13' on Plank; 54.61'on Plank; 32.23' on 10th; 50' on 10th • Roof—flat roof • Sidewalk—on Plank Road Dr Fleming — have you had a chance to talk with neighbors who are in opposition; we believe this is an improvement? Kevin Burns, 220 South First Street Louisville — we believed this was a non-controversial situation. But we understand their concerns thought your suggestion was best. Mr McCutcheon — that site is so busy the manager may not have time to police the building. However, that is some things that you got to take into consideration that is passed on to the stores that are in residential areas to be reminded to be good neighbors. I believe with the newer standards and meeting the package plans that they are going to gain some benefit from this. Mr. Burns—agreed Letters, calls, emails—Ms Woolsey, only clarification of what was going on. Mr Fox—any berms on the back side of property? No. Tree space? Landscaping provided. Mr McCutcheon—no plan for development to go in front of the new building? Mr Copperwaite — no because of the amount frontage taken from the curb cuts they were anticipating a significate reduction in revenue. Mr. McCutcheon—is there a deceleration that is factored in? Mr Copperwaite—it is a 4 lane road way so in a sense they have built in a deceleration lane. Public comment: support—none; against—none. Board questions: Mr Fox—has a decision been made which side the sidewalk will go on? I really feel like we we need a berm or something. Mr Pruitt—there is not room, heavy landscaping is key more than berm. Mr McCutcheon—I thought we talked about businesses that were in residential area; that they are not allowed to come and get dumpsters at 4 a.m. Mr Burns—Circle K will make sure dumpsters will not get picked up in the middle of the night. Mr Pruitt—we have allowed this to come thru under multiple parcels for development. I would recommend that this parcel be zipped together before we issue building permits. Mr Burns—we cannot do that. We are acquiring all new parcels; the store is on a land lease with a different property owner. We have approached them to buy the property. Mr. Pruitt—you are going to build this building? Mr Burns—we can combine all the back parcels that we are acquiring. We just cannot combine the entire parcel because the front lot belongs to someone else. Mr Copperwaite—is a minor plot what we need for that acceptable? Mr Pruitt—I believe you go to the county and z them together. Mr. Pruitt—with the addition of reducing the distance of gas stations to the list of variances as agreed by applicant to includes this in this vote. The Board of Zoning Appeals in the City of Jeffersonville having heard the application for variance described above and all opposition from parties claim to be adversely affected there by does now enter the findings: 1)The variance of the development standards will not be injurious to the public health, safety, morals, and general welfare of the community. Jeffersonville Board of Zoning Appeals Meeting-July 31, 2018 Page 4 of 6 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 finding described above the Board approves this application, passing 5-0. BZA-18-30 Joe Wolfe, Koetter Construction filed an application for development standards variance for property located at 5101 Keystone Boulevard. The property is zone 11, industrial. Jennifer Caumnisar-Kern, Accurus Engineering 2780 Jefferson Centre Way, Suite 204. • Fence and wall—6'chain link with 3 strands of barbed wire • Parking—100% in front Mr McCutcheon—please explain from the change in the fence? Ms Caumnisar-Kern—from the previous meeting we change the fencing(in the front of the building) along the Utica-Sellersburg Road; it will not include the barbed wire. Mr Clarke—on 2 sides of this property other businesses has barbed wire; why is this different? Mr Pruitt—time; when Keystone began we did not have residential in the area. And I believe we included an upgrade. Joe Wolfe—Koetter Construction 7393 Pete Andres Road. That leaves question to interpretation. We are thinking vinyl coated fencing with slats. Public Comment: favor—none; against—none Letters, call, or e-mails: none Board questions: none The Board of Zoning Appeals in the City of Jeffersonville having heard the application for variance described above and all opposition from parties claim to be adversely affected there by does now enter the findings: 1) The variance 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 5-0. Reports from Officers Committees and Staff Nathan Pruitt—two meetings coming up that will be nice for you to attend; the Court Avenue visioning plan. We won a Grant with a value of approximately$180,000 where a team of experts vist to help with economic development as well as planning work. Jeffersonville Board of Zoning Appeals Meeting-July 31, 2018 Page 5 of 6 ■ Adjournment There being no further business to come before the Board,the meeting was adjourned at 8:53 pm. M.,4 224C‘474/1"-- -- Mike McCutcheon, Chair Submitted by: O,rialll� I' .' g 1 Vont.y,Secretary Jeffersonville Board of Zoning Appeals Meeting-July 31,2018 Page 6 of 6