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Home My WebLink AboutBZA OCTOBER 30, 2018 MINUTES OF THE JEFFERSONVILLE BOARD OF ZONING APPEALS October 30,2018 Call to Order Chairperson, Mike McCutcheon called the meeting of the Jeffersonville Board of Zoning Appeals to order at 7:32 pm in Council Chambers, City Hall, 500 Quartermaster Court,Jeffersonville, Indiana. Roll Call The roll was requested by Mr. McCutcheon, those members present were: Rita Fleming, Christopher Fox, Mike McCutcheon, David Stinson, and Rodger Clarke. Members absent: none. 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. Fox made the motion to approve the September 25, 2018 Minutes, seconded by Mr. Clarke and motion passes 5-0. 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 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 Road. The property is currently zoned R1 low density residential. The proposed zoning for the property is M3, which is multi-family residential. John Campbell with Heritage Engineering, also attending is Brandon Denton. Re-cap: one month ago we were here for rezoning and received approval with City Council; and a favorable recommendation of development earlier tonight at the Planning Commission. • Court Yard amenities design: pool, Dog Park(with washing station) and lake with Hammock Park area. Two access roads. 1-2-3 bedroom units(360 units) • Maximum density—19.8 units per acre • Off-street parking—1.6+space per unit (581 - no designated spaces) • Off-street parking (covered parking)—0%attached or detached garage. These funds will be spent on the additional residents amenities Mr. Pruitt—can you speak of the concerns of the adjacent owner? Mr. Campbell—a request from Mr. Bob Miller(adjacent neighbor) to provide a barrier to define his private drive. We meet with him and agreed to add fencing. Mr. Pruitt—an additional waiver will be required for the fence. Jeffersonville Board of Zoning Appeals Meeting—October 30, 2018 Page 1 of 4 • Additional waiver requested—up to 5' full board horse fencing along Mr. Miller's access gate back as agreed Public comments: support—none; against- none Letters/calls: none Board questions: Dr. Fleming—will there be handicap units? Mr. Campbell—there is a requirement per the ADA; probably one unit in each building. 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. New Business BZA-18-46, BZA-18-47, BZA-18-48,and BZA-18-49 (46) Mike Leonard, on behalf of Hogan Property Development Co, filed three development standard variance applications for properties located on part of 600 W 9th Street; Lot 1 of Jeffersonville Gateway and 927 Indiana Avenue with parcel numbers and 955 Spring Street. The proposed development is an approximately 3,585-square-foot restaurant with a drive-thru. The variance requests include location of parking, exceeding maximum amount of parking allowed, and building in the Commercial Corridor Overlay District without a gable roof. (47) The properties are zoned HC highway commercial and Cl small/medium general scale commercial. The applicant filed an application for development plan approval for part of the property at 927 Indiana Ave. It is Lot 2 of Jeffersonville Gateway. The proposed development is an approximately 2,400-square-foot coffee shop with a drive-thru. The variance requests include exceeding maximum lot area coverage, exceeding the maximum parking spaces allowed, and building in the Commercial Corridor Overlay District without a gable roof. (48) The applicant filed an application for development plan approval for part of the property at 927 Indiana Ave. It is Lot 4 of Jeffersonville Gateway. The proposed development is an approximately 1,500-square-foot restaurant with a drive-thru. The variance requests include exceeding maximum spaces allowed and building in the Commercial Corridor Overlay District without a gable roof. (49) The applicant filed an application for development plan approval for the signage for the Jeffersonville Gateway development. Alan Applegate, Applegate, Fifer and Pulliam on behalf of Hogan, as well as, Mike Leonard and Mike Hill of LDL Engineering. In August we meet with City Planning Director on how to proceed with rezoning to classification rather than a PUD. In September the Plan Commission voted to rezone a portion to a C1. The Plan Commission also approved the preliminary plat at the same meeting. In October the City Council approved the zoning. In all meetings a conceptual plan for the four northern lots was approved. The BZA applications all deal with 3 of the 4 northern lots. These variances effectively result from discrepancies in zoning vs our development plans. Some of which were necessitated by the plating and zoning classification Cl and HC being next to one another as opposed to a PUD and some of these variances may have emanated as a result loting out 4 lots which Jeffersonville Board of Zoning Appeals Meeting—October 30, 2018 Page 2 of 4 is really a center - a destination point. BZA-18-49 is a signage variance, as negotiated with the City, subject to your approval,to provide signage in City owned right of way off premises. The Plan Commission did approve the development plan for all three lots (#1, 2 and 4). The plans were also approved with the "in lieu of fee" for some variances of landscaping, and a condition of final lighting, which will be submitted before issuing building permit are approved. BZA-18-46 • Parking—41%front,41%side, and 18%rear • Parking—44 spaces • Commercial corridor overlay roof—not gabled BZA-18-47 • Parking-46 spaces • Lot coverage—68% • Commercial corridor overlay roof—not gabled BZA-18-48 • Parking—20 spaces • Commercial corridor overlay roof—not gabled BZA-18-49 • Designed to have City"Welcome" in the sign off 1-65 • Signage—allow signs located in right-of-way • Signage—outdoor advertising signs • Signage—Sign A—360 sq ft and 30 ft tall; Sign B—90 sq ft and 6 ft tall (application change) Public Comment for all 4 docket items: against—none; support—none Letters/calls: none The Board of Zoning Appeals in the City of Jeffersonville having heard the applications (BZA-18-46; BZA- 18-47; BZA-18-48 and BZA-18-49) 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 these applications (BZA-18-46; BZA-18-47; BZA-18-48 and BZA-18-49). BZA-18-50 Debbie Dewees Hoke filed an application requesting a special exception use to operate a used auto sales lot at 2126 Coopers Lane. If Special Exception request is granted, the applicant will be required to submit a Development Plan. The property is zoned 11 which is business park light industrial. The proposed use of the property is used car sales. Michael Dewees, (sister, Debbie is out of town) • Letter of support from Jesse Ballew properties • 15-20 cars on lot (no trade in, cars from Carriage Ford or from auction) • No wrecks • Two doors down they own an auto repair shop Jeffersonville Board of Zoning Appeals Meeting—October 30, 2018 Page 3 of 4 • Lot will be paved (after this approval and approval of development plan) Public Comments: against-none; support-none Letters/calls: Jesse Ballew properties in support Mr. Clarke-this is an area that is not well traveled, do you believe this will be successful? Mr. Dewees- they currently have a lot in Corydon and it is not convenient, this is family owned property that we are trying to generate revenue to help support our mother. Most of sales are on-line. The location should not be a determent. The Board of Zoning Appeals in the City of Jeffersonville having heard the application for special exception 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. 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 finding described above the Board approves this application passing 4-0. Reports from Director and Staff None Board comments: None Adjournment There being no further business to come before the Board, the meeting adjourned at 8:17 p.m. Mike McCutcheon, Chair 14648`k.)-4/) � J�Ur�, ( P 146' `N m' /�' r •eggy Hardaway, Secret ry I� Jeffersonville Board of Zoning Appeals Meeting—October 30, 2018 Page 4 of 4