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HomeMy WebLinkAboutBZA JULY 30, 2019 MINUTES OF THE JEFFERSONVILLE BOARD OF ZONING APPEALS July 30,2019 Call to Order Board Member,Chris Fox called the meeting of the Jeffersonville Board of Zoning Appeals to order at 6:08 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: Rodger Clarke, Duard Avery, Christopher Fox, and Dave Stinson. Members absent: Mike McCutcheon Also present - Nathan Pruitt Planning & Zoning Director, Les Merkley Planning & Zoning Attorney, Ashley Woolsey Planning & Zoning Coordinator and Christy O'Neil, Secretary. Approval of Minutes Mr. Clarke made motion to approve minutes from June 25, 2019 meeting, seconded by Mr. Stinson, motion carried by a vote of 4-0. 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-19-23 Development Standards Variance Peyton's Barricade&Sign is requesting a variance from the development standards for property located on Jean Drive. The proposed development is 5,000 sf office and warehouse space. The subject's property and property to the South, East, and West are zoned C2 (Medium to Large Scale General Commercial). To the North, the property is zone R2 (Single Family Residential). Also within the vicinity is R3 (Single Family Residential). Representation: Debbie Peyton,Owner Peyton Barricade&Sign Mrs. Peyton stated the back parcel will have a fence, and they are hoping to have one area for equipment they plan to keep graveled. Also,with the lighting plan we have already presented,we might still add lights once we get moved in to the location. Public Comment: support—none; against—none Letters, emails? None Board Questions: Nathan Pruitt—On the outdoor storage, will drive and holding area be paved? Yes,eventually but not as soon as we move in. *Christopher Fox—What is date to be completed? 8 month once construction begins *Nathan Pruitt and Christopher Fox informed Mrs. Peyton by August 1, 2020 she will have to have permanent asphalt. Page 1 of 13 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 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 Page 2 of 13 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 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-19-24 Administrative Appeal Kentuckiana Business Development, LLC comes before the Board to appeal previous decision to not allow business to be relocated at 405 Court Avenue. The property is currently zone DC(Downtown Commercial). Representation: Greg Fifer,Applegate, Fifer, Pulliam 428 Meigs Ave and Dr. Cruz is present • Property is zoned DC which allows for Medical/Dental Centers • Advised to file certificate of zoning compliance—completed • Administrative zoning determination—Ordinance 2012-OR-53 • Dr. Cruz submitted response • Ordinance of pain management clinics • Treatment protocol—not methadone or suboxone based. Section 9-18.1 I feel Dr. Cruz should be able to practice medicine at this location based on all facts I have presented to you. Public Comment: In Favor: Steve Voelker, 615 E. Maple Street is my home and 417 E. Court is my business. Originally this building was a garage,then a bar,then a bank, now just sitting there vacant. I would like to see you allow Dr. Cruz to practice medicine there. Matt Buckley,4733 S. Third St., Louisville, KY I am a patient of Dr. Cruz, I had back surgery,then, I was hit by a car and became addicted to pain pills. Dr. Cruz managed my health with suboxone and to date has leveled me off to a very minimal dosage. Doctors normally do not care but Dr. Cruz does. He should be allowed to move to this building. Jodi Balentine, 9826 E. Hollrah Rd., Pekin, IN Every time I have been at Dr. Cruz's office it has been peaceful. I do not see any issues Karen Stickrod, 2416 Ashwood, Louisville, KY I was diagnosed with terminal cancer 7 years ago, I didn't even know Dr. Cruz treated addiction. Dr. Cruz gives people hope. Jeffersonville should be happy to have such a great doctor in their City. James Guilfoyle,431 E. Court Av.,Jeffersonville, IN I can think of nothing better to go into this vacant building. Dr. Cruz's scope of practice is far beyond a "pain clinic". Rodney Smith, 1717 Spring Sideway, Louisville, KY Page 3 of 13 I would love to relocate to Jeffersonville. I take IV treatment for heart conditions and refer approximately 5 patients a month to Dr. Cruz for treatment because Dr.Cruz is so caring to all his patients. Carol Flynn,422 E. Court Av.,Jeffersonville, IN I have a CPA office located here in Jeffersonville and look forward to having Dr. Cruz across the street from me instead of an old vacant building. John Brown, 3623 hickory Ridge NE, Georgetown, IN Dr. Cruz accepts people and want to help them. City would be greatly increased by Dr. Cruz. John Worrall, 1807 Schiller Ln, New Albany, IN Dr. Cruz's compassion is exceptional with minimal amounts of medicine written to patients. I would say the ratio would be 120 patients and maybe 1 addiction related. Allowing him to open his office would be an excellent addition to Jeffersonville. Carol Hines, Chaplin with Hosparus, 5603 S. Skyline Dr., Floyds Knobs, IN I went to Dr. Cruz for a heart problem, had previously been referred to Cleveland clinic. And Dr. Cruz was able to help me. Dr. Cruz would be an asset to this City Deborah Henderson, 222 Meigs Av.,Jeffersonville, IN Had you passed this originally we wouldn't be here today. Public Comment: Against: Caroline Krall, 3212 Sporting Print, Home Address 334&332 E. Court Av, Jeffersonville is business address. Sent a letter to be put into public record against Dr. Cruz. Public Comment closed Mr. Fifer: Franklin Commons neighborhood invited Mr. Fifer to their neighborhood meeting, and Mr. Fifer informed all of them this is not a pill mill. They seemed to be in favor of allowing. The Board of Zoning Appeals in the City of Jeffersonville having heard the administrative appeal 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. Mr. Clarke made motion to reverse staff decision, seconded by Mr. Avery, motion carried by a vote of 4-0. Page 4 of 13 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: Mary Canter, 107 Orchard Hill Drive,Jeffersonville, IN My children have went to this daycare for 2 years now and it is a great place and Elizabeth loves my kids as if they are her own. Valerie Vanwinkle, 706 E. 10th Street,Jeffersonville, IN 47130 Since my kids have been going to Ant Lizz's daycare they have excelled in school. I appreciate everything she does for my kids. Angela Towns, 1022 Marlowe Dr., Clarksville, IN 47129 A lot of daycares can't handle my child because he is ADHD, however, since he has been going to this daycare, the last six months his social skills, and coping skills are much better. Against: 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 Barbara. 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. 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? 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. Fox —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. Page 5 of 13 Mr. Clarke—has contract for deed been recorded? Mr. Fifer—yes it has Mr. Clarke—I make the motion to reverse staff decision based on facts we have heard tonight. Motion failed to get a second. Mr. Fox—I make the motion to affirm staff decision,seconded by Mr. Stinson, motion passes by a vote of 3-1 with Mr. Stinson, Mr. Fox, and Mr. Avery voting in favor of motion, Mr. Clarke voting against motion. NEW BUSINESS: BZA-19-28 Development Standards Variance Josh Roseberry has filed for a variance from the development standards for property located on Jean Dr. The proposed development is 2,100 sf car rental facility. The property is zoned C2(medium to Large Scale General Commercial)adjacent properties are zone R2 (Single Family Residential), M1 (Multi-family residential) M2 (multi-family residential) and MP (mobile home park)Across the street, property is zone IS(institutional). Representation: Matt Gullo with Prodigy Construction, 11106 Decimal Dr., Louisville, KY 40299. • Presented Site Plan, Landscape Plan, and Elevations 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-19-29 Development Standards Variance Ray Berry has filed requesting variance from the development standards for property located at 209 Catalpa,Jeffersonville, IN 47130. The applicant is proposed to build a 40'x32' (1280 sf)garage that is located in a front yard on a corner lot. The property and all adjacent properties are zone R2 (Medium Density Residential). Representation: Ray Berry, 208 Catalpa Dr.,Jeffersonville, IN • Attached plans—Approved locaton • Inspector Photos • Good Street Image • Homeowner's Drawings of Garage location Public Comment: Support—None Against—None Letters,emails? None Page 6 of 13 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-19-30 Development Standards Variance Request Charles W. Henderson, II filed application requesting a variance from the development standards for property located at 4009 Utica Pike. The applicant is proposing to expand 24'x28'garage to 40'x28'and to build an above ground pool. Currently,the property is showing as two lots. All paperwork has been completed. Representation,Charles Henderson, II,4009 Utica Pike,Jeffersonville, IN • Attached plans& Documents—Aerial photo with garage and pool location • Garage sketch Public Comments: Support—none Against—none Letters—None 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-19-31 Development Standards Variance Hughes Development, LLC filed application requesting variances from the development standards for property located at 6200 Highway 62,Suite 100. The subject property and all adjacent properties are zone IR (INAAP Redevelopment). There is some R1(Single Family Residential) and PR (Parks and Recreation)zoning within the vicinity. Representation: Brad Benson, 1801 Dutch Ln.,Jeffersonville, IN • Currently has River Ridge approval • Working with 2 parcels • Attached plans & documents: Existing Building Exhibit with New Property Lines • Aerial Photo with Plat Information Overlay Page 7 of 13 Public Comments: Support—None Against—None Letters—None 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-19-32 Development Standards Variance Hughes Development, LLC filed application requesting variances from the development standards for property located at 6200 Highway 62, Suite 100. The subject property and all adjacent properties are zone IR (INAAP Redevelopment). There is some R1 (Single Family Residential) and PR (Parks and Recreation)zoning within the vicinity. Representation: Brad Benson, 1801 Dutch Ln.,Jeffersonville, IN • Currently has River Ridge approval • Working with 2 parcels • Attached plans& documents: Existing Building Exhibit with New Property Lines • Aerial Photo with Plat Information Overlay Public Comments: Support—None Against—None Letters—None 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-19-33 Preliminary Plat Approval Mark Bedair is requesting a variance from the development standards for a property located off Hamburg Pike,which proposes to subdivide into 4 single family lots. Property and most adjacent properties are zoned R3 (Old City Single Family Residential). To the West, across Hamburg Pike, property is zones PR (Parks& Recreation) and R1 (Single Family Residential). Page 8 of 13 Representation: David Blankenbaker appeared to ask for variance for side set back. • Preliminary Plat presented to board Public Comment: support—None Against—Dave Rainwater, 1512 Waverly Rd.,Jeffersonville, IN I am against this project because we already have flooding issues in this area and I believe if this is built it will make the issues worse. Against—Sharon Marshall, 3808 Hamburg Pike,Jeffersonville, IN I would like to see this tabled until this project comes before the drainage board. Against—Wanda Jenkins, 1601 Waverly Rd,Jeffersonville, IN We have flooding and drainage issues that need fixed prior to building a project like this. Against—Danny Hack, 1524 Waverly Rd,Jeffersonville, IN I believe this should be tabled until the drainage board meets because of so many issues with flooding. Public comments closed Letters: None Board Comment: Mr. Clark—will these be 1 or 2 story buildings? Mr. Blankenbaker—1 story Mr. Fox—can you clarify underground detention? Mr. Blankenbaker—will put pipes in ground with down spouts attached to underground piping to take directly to sewer. So there should be no standing water. Mr. Stinson—Board is just voting on setback correct? Mr. Pruitt—yes at this time. 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-19-34 Development Standards Variance Curt Hargrove filed an application requesting a variance from the development standards for property located at 200 Trey St.,Jeffersonville, IN. The proposed development is a 256,500 sf industrial building. Applicant is requesting variances regarding parking, lighting, and entrance drive width. The property and all adjacent properties are zones IR (INAAP Redevelopment). Other zoning classifications within the vicinity are R1 (Single Family Residential). Representation: Deb Ashack,Jacobi,Toomes, and Lantz, • Spec building—Industrial • Drainage board approved • Plan commission approved • Variance—we are asking for 122 spots instead of maximum 64 Public comments: Support—None Against—None Page 9 of 13 Letters—none 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—19-35 Jim Calvery filed an application requesting a variance from the development standards for property at 2000 Jeffersonville Commons Dr. The proposed development is 25,000 sf fitness center/gym. The applicant is requesting variances regarding parking requirements. The subject property and most adjacent properties are zoned C2-PD (Planned Development). Representation: John Campbell—Heritage Engineering, 642 S.4th St., Suite 100, Louisville, KY • Fitness Center/Gym • Variance to exceed parking on site • Attached: site plan, landscape plan, and elevations Public Comments: Support: None Against: None Letters: None Board Comments: Mr. Pruitt—Do you have a color? Mr. Campbell—it will be non elaborate Findings: 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-19-36 Development Standards Variance Application has been filed requesting a variance from the development standards for property at 2000 Jeffersonville Commons Dr. The development of multi-tenant medical building was previously approved in May 2019. The applicant amended the Development plan add more parking for one of the tenants. The applicant is requesting variances regarding the maximum amount of parking allowed. The subject property and most adjacent properties are zoned C2-PD (Planned Development). Other adjacent properties are zones R1 (Single Page 10 of 13 Family Residential). Other zoning classifications within the area are C2 (Medium to Large Scale General Commercial). Representation: John Campbell, Heritage Engineering, 642 S.4th St., Suite 100, Louisville, KY • Attached: Site Plan • Max spots allowed 49 need variance to 55 Public Comment: Support—None Against—None Letters: None Board Comments: None Findings: 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—19-39—Use Variance Application to request a use variance for a property located at 2000 Jeffersonville Commons Dr.to allow a parking lot as a primary use without a structure. The parking lot will be shared parking for future projects within the overall development. The subject property and most adjacent properties are zoned C2-PD (Planned Development). Other adjacent properties are zones C2 (Medium to Large Scale General Commercial). Other zoning classifications within the area are R1 (Single Family Residential) R2 (Single Family Residential, and IS (Instituional). Representation: John Campbell, Heritage Engineering, 642 S.4th St., Suite 100, Louisville, KY • Parking lot—site map attached Public Comment: Support—None Against—None Letters—None Board Comments: None Findings: 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. Page 11 of 13 BZA—19-37 Use Variance Application has been filed requesting a use variance to allow a Private (no-public service) car detailing business as well as limited used cars sales on a property at 10th and Mechanic. Both auto washes and used car sales are listed as non-permitted uses on this property per the Tenth Street Traditional Marketplace overlay and the subsequent Quartermaster Summit overlay district. These overlay districts were both created to improve the aesthetics along 10'street, encourage redevelopment that favors pedestrians, and accommodate a mix of housing and neighborhood serving retail. Representation: Jack Vissing, 432 E. Court Av.,Jeffersonville, IN Mr. Smith ,with Craig& Landreth is also present • Attached—Existing Site Phone and Proposed Site Plan • The proposal basically continues a use similar to the previous use on site and eliminates a now vacant building. Public Comment: Support—Matt Owen, 909 Capital Hills Dr.,Jeffersonville, IN I believe this should be approved, I have dealt with Mr. Smith previously and know that he takes pride in the appearance of his business. I believe he would be a great asset to the City. Marvin Schmidt—6504 Forged Way, Floyds Knobs, IN Mr. Smith is a great person to work with and will always make sure his business looks great on the exterior and will treat all people with respect. Against- None Letters - None Board Comments: Mr. Pruitt wishes to reserve his comments Comments closed Closing Comments: Mr.Vissing asked if Mr. Smith has satisfied all concerns? Mr.Vissing stated this is two use variances, 1) Limited Car Sales 2) Detailing 1. Car Detailing—Findings: 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. 2. Car Sales- Findings: 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: Page 12 of 13 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. Mr. Pruitt asked if there would be any stipulations put on this for the amount of cars for sale could be on premises. Board said no stipulations at this time. BZA-19-38 Development Standards Variance Application has been filed requesting a variance from the development standards for property at 630 E. 10th St. The proposed development is a private car detailing and limited used car sales facility. The use is not a permitted use by right so the applicant has filed a use variance application. The applicant is requesting variances regarding lot area coverage. Lighting, parking and design standards for properties with the Commercial Corridor and Quartermaster Summit Overlay. The subject property and most adjacent properties are zoned C2-PD (Planned Development). Other adjacent properties are zones C2 (Medium to Large Scale General Commercial). Other zoning classifications within the area are R1 (Single Family Residential) R2 (Single Family Residential, and IS(Instituional). Representation: Attorney,Jack Vissing,432 E. Court Av.,Jeffersonville, IN Public Comments: Support—None Against—None Letters: None Board Comments: None Findings: 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. Reports from Director or Staff: None Adjournment There being no further business to come before the Board,the meeting adjourned at 9:29 p.m. 544,4 --rvi Mike McCutcheon, Chair Submitted by: CEristy O'Neil,Secretary Page 13 of 13