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HomeMy WebLinkAboutBZA FEBRUARY 26, 2019 MINUTES OF THE JEFFERSONVILLE BOARD OF ZONING APPEALS February 26, 2019 Call to Order Chairperson, Mike McCutcheon called the meeting of the Jeffersonville Board of Zoning Appeals to order at 7:00 pm in Council Chambers, City Hall 500 Quartermaster Court,Jeffersonville, Indiana. Roll Call The roll call was requested by Mr. McCutcheon, those members present were: Christopher Fox, Mike McCutcheon, David Stinson (arrived at 7:02), Rodger Clarke and Duard Avery. 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. Clarke made the motion to approve the January 29, 2019 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. Secretary's note: all plat maps, photos, and etcetera presented before the board of zoning appeals on this date can be found in the office of Planning and Development. Old Business None New Business BZA-19-06 Development Standard Variance Application Nate Thompson filed an application requesting variances from the development standards for property located at 3549 East Tenth Street.The property is zoned C2-PD, planned development in Jeffersonville Commons. The proposed development is a fast food restaurant with drive-thru. The variance requests are regarding off street parking. Representation: Allan Wiley 565 White Pond Drive Akron Ohio • Chick-Fil-A-constructing a new restaurant • Parking requirements—54 spaces provided; double drive thru and canopy • Parking location—100% in front of primary structure for pedestrian safety Public comment: support—none; against—none (Mr. Stinson arrived) Board comments: none Jeffersonville Board of Zoning Appeals Meeting—February 26, 2019 Page 1 of 4 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 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. BZA-19-07 Development Standards Variance Request James Naville on behalf of Norman E and Sue Pfau filed an application requesting a variance from the development standards for property located off Utica Pike (Parcel#10-21-00-400-413.000-009).The property is zoned R1—single family residential. The variance requests are to build an accessory structure on a parcel without a primary structure, to build an accessory structure that is not listed as a permitted accessory structure in the Zoning Ordinance, and to exceed the maximum size of an accessory structure. Representation: Josh Naville 4310 Jones Lane Floyds Knobs (50% partner) • Pool house and pool will be adjacent to Mr. Pfau's house • Shared pool house and pool with daughters that live in close proximity • Fence enclosed • Pool house with kitchen and half bath Mr. Pruitt— pool house is not in our codes. It will be located on its own parcel, technically not allowed although within one family. Public Comments: against—none; support—none. Board Comments: Mr. Fox — is there any reason that these two properties have not been assembled together? Ms. Woosley—we did suggest this when the application was requested. Mr. Naville—for tax reasons and if one of the daughters move away another daughter could potentially be sold the property and Mr. Pfau's property is not in question. Mr. Fox — what kind of situation will we get into if that primary property sold off. Mr. Pruitt- property law says they do not have any rights outside the boundary. Mr. Naville —there is no road back to the area; we may add a cart path pool house to supply the kitchen. 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. BZA-19-08 Development Standard Variance Application The City of Jeffersonville filed an application requesting variances from the development standards for property located at 201 Willinger Lane. The proposed development is an animal shelter and adoption center. Mr. Fox made a motion to table the item per Staff request, seconded by Mr. Clarke and motion Jeffersonville Board of Zoning Appeals Meeting—February 26, 2019 Page 2 of 4 passes 5-0. BZA-19-09 Use Variance Request Debbie Peyton for Peyton's Barricade and Sign Company is requesting a Use Variance on Jean Drive to allow warehousing of rental equipment for temporary traffic control. The property is zoned C2: medium to large scale general commercial. The C2 zoning classification does not list warehousing as a permitted. Debbie Peyton 10614 Marion Martin Road Marysville • We want to move our storage from Clarksville to Jeffersonville • Build a 6,000 square building to house rental equipment • 4-6 guys working out of this new location using pickup trucks • House barrels, barricades, and arrow board sign Mr. McCutcheon—this is close to subdivision, will trucks be going early in the morning that might affect some neighbors? Ms. Peyton—it is not heavy duty trucks, only pickup trucks. Mr. McCutcheon—is there a barrier around the property? Ms. Peyton—yes. Mr. Pruitt—staff's concern is that the location is only serviced by Jean Drive;there is a secondary access thru the back of Jeff Plaza (both side of it). Ms. Peyton—we talked to the gentleman at the end of Jean Drive (big warehouse) and he is in support of our plan. Mr. McCutcheon—will the green space stay between the Avondale Neighborhood? Ms. Peyton—yes. Mr. McCutcheon—will there be outside storage? Ms. Peyton—there will be some, but we want as much inside as we can because it will weather better. Mr. Avery—are you purchasing this property? Ms. Peyton—with this approval,yes. Mr. Pruitt —they will have to do a development plan. We want to make sure there is a little buffer between Avondale and your property; one of the conditions staff would recommend is perimeter planting as close to code as possible. Mr. Fox—what are the rear setbacks? Mr. Pruitt—probably 40-50 foot range including buffer. Mr. Fox—what is the lighting plan? Ms. Peyton—lighting will be there for safety, because we have 24 hour service for our customers. It will not be big and blazing, primary on building entrances and near the building. Public Comment: supporting- none; against—none Board comment: Mr. Fox—I would ask that Mr. Pruitt work with application on setback parameter and the buffer separation between the Avondale Neighborhood and the back of this property. The Jeffersonville Zoning Ordinance specifies the Board may grant a use 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 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. 5)The approval of the variance does not contradict the goals and objectives of the Comprehensive Plan. Based on the finding described above the Board approves this application. Mr. Pruitt—this special exception which we rarely do;the reason this is a use variance is because unfortunately warehousing and storage are more tailored toward industrial properties and when you do not have a strong retail component we cannot justifiability call it retail. Knowing that Jeff Plaza could be redeveloped at some time, knowing that Jean Drive is there, knowing the future of the City and Tenth Street we thought it would not be prudent and not workable to ask for a re-zoning to any industrial property. In this case, it would not have been appropriate from a planning side of things. Mr.Avery—we want this area to have more activity;this might work toward that in future uses. Mr. Pruitt—I rationalized that this is a business that will Jeffersonville Board of Zoning Appeals Meeting—February 26, 2019 Page 3 of 4 bring eyes to the street and people on the road and that will help some issues in the area. They appear to be a sensitive business that does well by people. Reports from Director and Staff None Board comments: None Adjournment There being no further business to come before the Board, the meeting adjourned at 7:24 p.m. /pi' wimas / Mike McCutcheon, Chair kfriv‘.. `/' mss" ub• -e,1 ty: Peggy Harda ay, ecretary Jeffersonville Board of Zoning Appeals Meeting—February 26, 2019 Page 4 of 4