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HomeMy WebLinkAboutBZA JUNE 25,2019 MINUTES OF THE JEFFERSONVILLE BOARD OF ZONING APPEALS June 25,2019 Call to Order Chairperson, Mike McCutcheon called the meeting of the Jeffersonville Board of Zoning Appeals to order at 7:20 p.m. in Council Chambers, City Hall 500 Quartermaster Court,Jeffersonville, Indiana. Roll Call The roll call was requested by Mr. McCutcheon, those members present were: Mike McCutcheon, Rodger Clarke and Duard Avery. Members absent: Christopher Fox, and 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 Minutes unavailable for the May 28, 2019 meeting—tabled. Approval of Findings of Fact 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 BZA-19-21 Special Exception B& R Level Properties LLC is requesting a special exception use to operate a contractor's office with covered storage of agricultural limestone. If Special Exception request is granted,the applicant will be required to submit a Development Plan. The property is zoned Cl small to medium scale general commercial. *Mr. Merkley pointed out that with only three of the five member present all decision by this Board tonight will have to be unanimous. Representation: Robert Rasnick, President of Al Concrete Leveling • Store agricultural limestone and other materials • Store trucks and equipment • Exemption status for contractor's office • Marginally impact to a few homes who are at a reasonable distance Mr. McCutcheon—clarify marginally impact? Mr. Rasnick—the limestone is dropped on sight once or twice a month during business hours with an occasional truck leaving at night at the request of a City or State job. Mr. Clarke—will the existing fence be left at the facility and maintained? Mr. Rasnick—yes Mr. McCutcheon—any screening to be added near the fence? Mr. Rasnick—it is a wood privacy fence. Jeffersonville Board of Zoning Appeals Meeting—June 25,2019 Page 1 of 6 Public Comment: support—none; against—none Letters, emails? None The Board of Zoning Appeals in the City of Jeffersonville having heard the application for special exception described above and all opposition from parties claiming to be adversely affected there by does now enter the findings: 1) The special exception will not be injurious to the public health, safety, morals, and general welfare of the community. All Agree 2) The requirements and development standard of the requested use as prescribed by this ordinance will be met. All Agree 3) Granted this special exception will not subvert the general purposes served by this ordinance, it will not permanently injure other property or uses in the same district in vicinity. All Agreed 4) The proposed use will be consistent with character of the district they are in and intent of the zoning ordinance and the Jeffersonville Comprehensive Plan. All Agreed Based on the findings stated above the Board does hereby approve this application. BZA-19-23 Development Standards Request to table application by applicant; Mr. Clarke made the motion to table the application, seconded by Mr. Avery and motion passes 3-0. New Business BZA-19-25 Development Standards Variance Request Jerry Windell filed an application requesting a variance from the development standards for property located at 14 Tamarack Drive.The applicant is requesting to have more than 3 accessory structures allowed on a lot. There are 3 existing accessory structures on the lot(pool, shed, and detached garage). Applicant is proposing to build a 12'x16' shed.The proposed shed would not encroach into the required 3'side and rear setbacks. The property is zoned R2 single family residential. Representation: Jerry Windell 14 Tamarack Drive Jeffersonville • For storage—4th accessory structure on the lot Public Comment: support—none; against—none Letters—two in support (neighbors at 15 Tamarack and 505 Hemlock) The Board of Zoning Appeals in the City of Jeffersonville having heard the application for variance described above and all opposition from parties claiming 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. All agree 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. All agree 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. All agree Based on the finding described above the Board approves this application BZA-19-26 Special Exception Brian Donaghy with Blueball Holdings LLC is requesting a special exception use to operate a recycling center. This Special Exception would be contingent on the proposed rezoning of 7.16 acres of the site from C2 (Medium to Large Scale General Commercial)to 12 (Industrial Park/Heavy Industrial). If Special Exception Jeffersonville Board of Zoning Appeals Meeting—June 25,2019 Page 2 of 6 request is granted, the applicant will be required to submit a Development Plan. The location of the property is 200 Willinger Lane. Representation: John Campbell with Heritage Engineering • Favorable recommendation received earlier tonight at Planning Commission • Industrial and individual recycling facility (aluminum, copper, brass and steel) • one lane bridge concerns—Mr. Brian Dixon with the Clark County Engineer's office appraisal report indicated this bridge will function with this use • landscape and fencing will be provided Board questions: Mr. Clark—at full operation what level of noise will be expected? Mr. Campbell—there will be equipment operating and moving/binding of part, but no louder than the rail cars that move in that nearby rail yard; minimal noise level,similar to what exists today. Public Comment: support—none; against—none Letters/calls: none The Board of Zoning Appeals in the City of Jeffersonville having heard the application for special exception described above and all opposition from parties claiming to be adversely affected there by does now enter the findings: 1. The special exception will not be injurious to the public health, safety, morals, and general welfare of the community. All agree 2. The requirements and development standard of the requested use as prescribed by this ordinance will be met. All Agree 3. Granted this special exception will not subvert the general purposes served by this ordinance, it will not permanently injure other property or uses in the same district in vicinity. All Agreed 4. The proposed use will be consistent with character of the district they are in and intent of the zoning ordinance and the Jeffersonville Comprehensive Plan. All Agreed Based on the finding described above the Board approves this application. BZA-19-27 Administrative Appeal Elizabeth Baumgardner filed an administrative appeal for the property at 3307 Juniper Lane—Ant Lizz's Child Care. The property is zoned R2 single family residential. Representation: Greg Fifer, Applegate Fifer Pulliam 428 Meigs Avenue and Ms. Baumgardner is present • Childcare is permitted use in owner occupied home • Current facility was under foreclosure • Buying this property on contract (equitable owner by law) • Application for new license pending zoning requirements • Mr. Fifer presented evidence of prior tried cases to justify use • Staff original findings based on non-owner occupied status found on Elevate Public Comment: support: Jayden Baumgardner 3307 Juniper Lane,took the oath. Son to applicant. It's not just a facility but a family oriented program; caring for kids who have no place to go. Martha Edelen 3307 Juniper Lane,took the oath. Mother to applicant,volunteer over three years with these kids. Testing is required for working here. We love these kids. Phil Hickman 1711 Village Green Boulevard,took the oath. I've been a friend of the applicant for 2 years. She took the time to look for a place to keep taking care of kids. They are great with the kids treating them like family,very caring. My girlfriend works there. Against: John Schiavi 3303 Locust Lane,took the oath. Even though it is a permitted use I think the Board should consider she is a renter to the Baker's until the deed is transferred. I have nothing against her or day care. To my knowledge there are no other businesses in this area. R2 discourages breaking up residential with business. It is a home day care, not a special exception, but if it is more than a home day care it should be a day care center with special exemption and would have to go thru the Indiana Codes on that. A home day care Jeffersonville Board of Zoning Appeals Meeting—June 25,2019 Page 3 of 6 center is 6 children, if it is a day care center it could go as high as 16 children. We want to make sure that everybody is on the same page with what she is applying for. Barb Sander Chase 3303 Juniper Lane,took oath. My concern, a real estate contract does not transfer the deed until the contract is paid in full; she is a renter until that time. I am concern with the 5-6 cars that are parked at her at Allison and Lutes Lane. Her family has 4 vehicles,there is going to be 9-10 vehicles that would be parked at Juniper;which has to encroach on the neighbor frontage parking. I am concerned that she still doesn't know the code and the guidelines. I checked with the Indiana Child Care Agency which is under Bright Futures and as late as April 23 she had a critical violation. I asked how often they inspect the home-once a year and how long do they have to comply with violations against them -they could not respond. I am concerned with enforcement at our local level. R2 is not compatible with commercial business. Commercial dumpster is on location. Violations were uncleanness, mess in yard,things that were a danger to children. Because of it being so un-kept I cannot image that 3307 would be any different. If you look at pictures you see that it is not compatible with our homes. Robert Chase 3303 Juniper—husband to Bard,took oath. We petition the neighborhood to oppose this day care and of 67 homeowners, 65 were opposed, 2 did not sign. I travel Allison Lane every day and her property there is an eyesore. Terry Brunson 806 Acorn Lane,took oath. I see this home from my front yard, couch, drive and yard. I see kids running the neighborhood with no adult supervision; in driveways, yards, and cussing. Three kids wide walking in the street not moving when I drive by. This is not a good daycare. Who will be responsible if children get hurt on someone property. We don't want a fence in that front yard with toys all over. I'm asking please turn this down—from all of us. Dolores Spellman 803 Acorn Lane,took the oath. It was said that they intend to put up a fence and a sign in the yard which will degrade our property. Children running around the neighborhood riding bikes in the middle of street; I had to stop because I was afraid they were going to hit my car. I don't like the disrespect. Many parked cars—parked in the middle of the street. No supervision. It would have been nice if they would have introduced themselves and let us know what they were doing. Fireworks were set off in June. Main concern is I get home from work late, we do not have street lights, it scares me with all these car parked. Jerry Wisehart 3302 Locust Lane,took oath. Juniper is a very short street. Not knowledgably of the laws, maximum they can have is 16 children, my understanding is there should be a ratio 1 adult to 2 children. Supporters indicate only 1-2 employees; if there is 4 employees that is 4 more cars and parents coming in and out to pick up their children. What will happen when the street needs plowed or if an ambulance is called if they cannot get thru? I heard increased fireworks and seen more children on bikes; it concerns me if one is hit. Public comment closed Mr. Fifer—R1 and R2 allow child care with owner occupied. Zoning is not based on what may happen in the future. No plan to put up fencing, or sign. State code is regulated by the State. Board questions: Mr. McCutcheon—explain the Administrative Appeal? Mr. Merkley—the Staff's decision was that this was not qualified use under R2. You can confirm; reverse decision and allow; modify. Mr. Avery—is hours of operation expended? Mr. Clarke—having learned about other legal proceeding was that a valid decision? Mr. Merkley—when Staff reviewed this they relied on Elevate and not aware of the purchase contract. Mr. McCutcheon—what is the number of children you currently have at this location? Intent? Ms. Baumgardner—none yet; parents with their children have visited. Intent will be 16. Hours are stair stepped; starting dropping off at 4:30 am till 9 am. We are currently moving in,we have a drive for four cars. Fireworks were not mine. The kids in the street are my grandson and 11 year old daughter. Mr. McCutcheon—I recommend this be tabled because I don't believe we will have a unanimous vote. There needs to be more communication with neighbor's concerns. I make the motion to table this to our next meeting; seconded by Mr. Clarke and motion to table passes 3-0. BZA-19-24 Administrative Appeal Jeffersonville Board of Zoning Appeals Meeting—June 25,2019 Page 4 of 6 Rafael Cruz with Kentuckiana Business Development LLC filed an administrative appeal for the property at 405 East Court Avenue. The property is zoned DC downtown commercial. Representation: Greg Fifer with Applegate Fifer Pulliam 428 Meigs Avenue with Dr. Cruz • Presented 74 pages of documents demonstrating compliance • Planning&Zoning Staff denied application on grounds that Dr. Cruz was operating a drug/rehabilitation facility with pain management component which is incorrect • Ordinance 2012-OR-53 makes it clear that Dr. Cruz is not operating a pain clinic • Sole practitioner who does not admit anyone overnight • Medical/dental center or a professional office for clarification • Relocating from Chase Bank on Court Avenue for more than 5 years without incident • Asking for Board to reverse decision • Submitted e-mail today to Ms. Woosley from Flynn Accounting in support of the applicant Mr. Merkley—with no one on Staff medically trained and after reviewing the Doctor's web site we wanted clarification documented to assure the Board that this is not a drug or pain management facility and that the public is has an opportunity to be involved. Public Comment: Hal Kovert 631 Walnut Street,taken oath. Our property adjoins this property. We object to this proposal. Three things tonight—detox,addiction, and with drawl. We made an investment in downtown with 2 buildings. Over the past five years we have expanded our security systems to include cameras, motion detectors with pre-recorded announcements and access controls because of other issue with people around our campus. If this opens it will result in severe degradation of our neighborhood. We have issues now with our private parking lots when court is in session and add people from miles away to get their drug addiction fix will add to the congestion. Our firm is made up of 50%women who will be concerned with safety, and clients and may be forced to relocate offices in order to retain long time staff. (submitted letter) Patricia Krall 334 East Court Avenue property owner;took oath. My goal is to keep the neighborhood desirable. Hearing words like suboxone—I do not want to deal with. Do not let this happen. Support: none Mr. Fifer—surprised by Mr. Kovert comments, he did not listen or present evidence that Dr. Cruz is presently engaged or has been engaged during the past things that will be detrimental to the value and use of his property. He is asking you to base a decision based on scare tactics that are unfounded. Dr. Cruz has less than 1%of his practice deals with addiction. Mr. Merkley—would Dr. Cruz agree to not do the 1% business? The web site raised flags with recovery from opioids, alcohol, cocaine, etc. Clarification was needed. Mr. Fifer—I don't think an administrative appeal issue under 10-15 for which conditions can be imposed. He took an oath to make people better. In the absence of evidence that he is doing something fowl of being a traditional medical office his use should be approved. Did Staff visit his office? Mr. McCutcheon—I wonder if we can get a fair opinion tonight. Mr. Clarke—I studied his web site, I went to the new site and the current office and did not see any problems;seems to have a perfect record—I don't see any problems with this. Dr. Cruz—took oath. Some of my patients are very successful business owners who want to get off of an addiction. The bulk of my work is platelet rich plasma injections, prolotherapy, prolozone, and mesenchymal stem cell therapy. A lot of cancer care by enhancing the effects of chemotherapy and radiation dramatically. Mr. McCutcheon—can you address Mr. Kovert's concerns. Dr. Cruz—we will be good neighbors. I want to remind the Board that family practitioners can prescribe suboxone. Anyone of you could become a narcotic addict if you had a bad accident and was on pain medicine. I am weaning patience's off of suboxone. My love of work is not this, but stem cell therapy and all those other things. This seems like a reaction to the words chronic pain and not stem cell therapy for chronic pain. The cost of the casualness of this is huge to my business. To be so dismissal to conclude that someone on suboxone is going to trash your business is so unfair. Mr.Avery—I'm concerned that you think the staff is dismissive in their evaluation is insulting. Mr. Fifer—it was not intended to be insulting, but I will say no City official visited Dr. Cruz office. Jeffersonville Board of Zoning Appeals Meeting—June 25,2019 Page 5 of 6 Dr. Cruz—it did not feel like a thorough assessment took place. I apologize if I offended anyone. Mr. Avery—made a motion to table, seeing no second - motion failed. Mr. Clarke—made a motion to reverse the Staff decision, second by Mr. McCutcheon. Motion failed 2- 0-1 (Avery). Motion fails and will be placed on next month's agenda. Mr. Fifer—will the other Board members be asked to listen to recording or should I plan to make the same presentation again. Mr. Merkley—first thought would be to prepare a transcript, but Mr. Fifer—we would also ask Mr. Kovert to visit Dr. Cruz's office in the next month. Mr. McCutcheon—I think that is a good suggestion and perhaps we need verification that there are no reports from the police department to show evidence that he is a good business neighbor and something from the Bank that states you were not asked to move. Dr. Cruz—purchased the new building ($650,000) Mr. Fifer—that avoids the threshold as whether what he does is a permitted use as a matter of right. Mr. Merkley—this will be placed on agenda for next meeting. Mr. Fifer—my client is requesting that if this was approved tonight, approved without passing on the issue of treating patients with suboxone;to be voted on at the next meeting. This way he would not be paying $7,500 in rent and keeping another doctor from relocating if you turn down treating suboxone patients at the next meeting we will deal with those legal issues that it raises. We will stipulate until there is an approval of treating suboxone we will not until a final decision is made. Mr. Merkley—the motion would be to reverse the determination and reserve the issue as to the 1%of his patients that he provides detox services to by utilizing suboxone. Mr. Avery—can that legally be overturned? Dr. Cruz—Life Spring mental health center across the street from my current location does a lot more suboxone business than I do. I assure you that I will only tele-medicine my current few patients. Mr. Merkley—what if we approve with the exception any addiction portion of the practice is not approved but subject to review at the next meeting? Mr. Avery—I am not comfortable approving this at this meeting. No action taken. Adjournment There being no further business to come before the Board,the meeting adjourned at 9:29 p.m. &L.% lot\e, Submitted by: Peggy Hardaway,Secretary Jeffersonville Board of Zoning Appeals Meeting—June 25,2019 Page 6 of 6