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Home My WebLink AboutBZA SEPTEMBER 25,2018 MINUTES OF THE JEFFERSONVILLE BOARD OF ZONING APPEALS September 25, 2018 Call to Order Chairperson, Mike McCutcheon called the meeting of the Jeffersonville Board of Zoning Appeals to order at 7:58 pm in Council Chambers, City Hall 500 Quartermaster Court,Jeffersonville, Indiana. Note: Recording failed Roll Call The roll was requested by the Mr. McCutcheon, those members present were: Rita Fleming, Christopher Fox, Mike McCutcheon and Rodger Clarke. Members absent: David Stinson. Also present - Nathan Pruitt, Planning & Zoning Director, Les Merkley, Planning & Zoning Attorney, Ashley Woolsey, Planning & Zoning Coordinator and Peggy Hardaway, Secretary. Approval of Minutes Mr. Clarke made the motion to approve the August 28, 2018 Minutes, seconded by Mr. Fox and motion passes 4-0. 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 New Business BZA-18-4 Robert and Julie Schroeder filed an application requesting a variance from the development standards for property located at 3021 Amelia Circle. The applicant is requesting to place a fence within the front yard exceeding the maximum height allowed of 3 ft. The applicant is requesting to build a 6 foot vinyl fence. The subject property is a corner lot, and thus has two front yards. Planning Staff previously approved a location for the fence that was not within in the front yard. The applicant was notified by the company installing the fence that the original location would not be possible due to utilities. Robert and Julie Schroeder, 3021 Amelia Circle- • Privacy fence • Utility issues • In contact with 811 services • HOA approved Jeffersonville Board of Zoning Appeals Meeting—September 25, 2018 Page 1 of 4 Public Comment: Barbara, 3002 Ashton Court—in support; against—none Letters/calls—none Mr. Fox reminded the applicant to get a survey for correct placement. 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 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; 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. BZA-18-41 Mitch Mitchell filed an application for the College of Funeral Services, requesting a variance from the development standards for property located at 3111 Hamburg Pike. The existing business is proposing to install a monument sign with an electronic variable message sign (EVMS) component. The variance requests include exceeding the maximum height allowed and locating an EVMS sign within 600 feet of residential zones. Mitch Mitchell, 3111 Hamburg Pike- • advertise their events—open house, blood drives, college fairs, etc • proposed sign height—8'2" because it will be at lower grade level; agreed to lower sign 18" • sign has night dimmer Letters: Church across the street Public Comments: support—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 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; 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-18-43 The Sajid Chaudry for Cardinal Hospitality, LLC filed an application requesting a variance from the development standards for property located at 4403 Hamburg Pike. The applicant also filed a Development Plan application. The proposed development is a 96 room hotel (Holiday Inn Express). Scott Moser,Accurus Engineering, 2780 Jefferson Center Way 204— • private road, parking in rear is adjacent to internal drive John Walling, 7393 Pete Andres Road, Floyds Knobs- Jeffersonville Board of Zoning Appeals Meeting—September 25, 2018 Page 2 of 4 • met with each adjoining property owner—no problem • CCR filed with County Public comment: support—none; against- none Letters/calls: 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 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 finding described above the Board approves this application 4-0. BZA-18-44 Tracy Rowlett is requesting a special exception use to operate a tattoo studio at 344 Spring St within the existing building. Lee Rowlett, 510 East Market Street- • Partner of potential shop, 6 year resident of Jeff, community oriented Public comment: support—Jill Schmipff, 347 Spring Street; against—none. Letters, calls, emails—none Board Comments: Dr. Fleming — it is great that you reached out to your new neighbors and are you getting all the necessary medical license — yes. Mr. Pruitt reminded the applicant that this is in the Historic District and would need to follow those codes. 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 special exception will not be injurious to the public health, safety, moral, and general welfare of the community; 2) The requirements and development standards for the requested use prescribed by this Ordinance will be met; 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. 1)The variance of the development standards will not be injurious to the public health, safety, morals, and general welfare of the community. Based on the finding described above the Board approves this application, passing 4-0. BZA-18-45 Brandon Denton for Denton Floyd Real Estate Group filed an application requesting variances from the development standards for property located at 4406 Helen Rd. The proposed development is 15- building multifamily development with a total of 360 units. The applicant also filed an application to rezone to M3 (Multi-family Residential) and a Development Plan application. Jeffersonville Board of Zoning Appeals Meeting—September 25, 2018 Page 3 of 4 Docket item—TABLED. Reports from Director and Staff None Board comments: Mr. Fox — what's the status on Holman's Lane? Utility relocation delayed with crews leaving town to help hurricane struck areas. And the old Kroger location? Nothing yet. Adjournment There being no further business to come before the Board, the meeting was adjourned at 8:38 p.m. Mike McCutcheon, Chair ---VVW&04-A1"- Su muted • Peggy Hardaway,• ,tary Jeffersonville Board of Zoning Appeals Meeting—September 25, 2018 Page 4 of 4