HomeMy WebLinkAboutBZA SEPTEMBER 24, 2019 MINUTES OF THE JEFFERSONVILLE
BOARD OF ZONING APPEALS
September 24th,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, David Stinson and Duard Avery. Members absent: Christopher Fox. Also present-Nathan
Pruitt Planning&Zoning Director, Les Merkley Planning&Zoning Attorney,Chad Reischel Planning&
Zoninf Planner 1 and Heather Pennington Secretary.
Approval of Minutes
Minutes unavailable for the August 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
None
New Business
BZA-19-48 Development Standards Variance
Leo& Pam Dauby filed an application requesting a development standards for property located at 909
Pennsylvania Ave. The applicant is requesting to construct a wood deck in front of their property. He
currently has an existing porch but would like to build a larger wooden deck over it to ensure people
don't accidently step off his porch.
Representation: Leo Dauby 99 Pennsylvania Ave
• Deck Expansion
Board Questions: Mr. Clark stated that the wooden deck is actually against code and asked if Mr. Dauby
had considered expanding the current porch with concrete instead of wood?
Mr. Dauby-No
Mr. Stinson-So you are against concrete?
Mr. Dauby-The concrete is considerably more expensive.
Mr. McCutcheon-The board is against wooden decks on the front of houses but perhaps you can meet
with the Planning and Zoning staff and discuss other material options and come back before the board.
Mr. Clark—I recommend this be tabled until the residents can meet with the Planning and Zoning staff. I
make the motion to table this to our next meeting;seconded by Mr. Stinson and motion to table passes
4-0.
BZA-19-49 Development Standards Variance
Charles and Dorothy Wycoff filed an application requesting a development standards for property
located at 605 Amelie Dr.The applicants are requesting to replace a new carport with the existing one.
Representation: Charles Wycoff 605 Amelie Dr.
• Carport
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-19-50 Development Standards Variance
Courtney Evan Boggs filed an application requesting a development standards for property located at
208 Hopkins Lane. The applicant is requesting to add a 20x24 garage with a 10x20 lean to that connect
to the house with a mud room.
Representation: Courtney Evan Boggs 208 Hopkins Lane
• Garage with lean too and mud room
Board Questions: Mr. Clark-Will the materials that are being used match the house?
Mr. Boggs-They the materials will match the house.
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-19-51 Development Standards Variance
Victoria Johns filed an application requesting a development standards for property located at the 500
blk of 9th street(Parcel#10-19-00-101-620.000-010)the property is zoned M1 Multifamily residential
the proposal is to side setback requirements.
Representation:John Kraft Young, Lind, Endres and & Kraft 126 W Spring St New Albany
• Approval of a subdivision for four lots on this property
Board Questions: Mr. Clark-When this was put to us last year there was going to a small parking lot, is
there still?
Victoria Johns-There has never been plans for a parking lot all parking will be off street.
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-19-52 Special Exception
Corey Ritchie filed an application for a special exception for property located on 715 Riverside large
parcel number 4315 Utica Sellersburg Rd the current zoning is Cl which is small to medium scale
commercial the proposed is C2 medium to large commercial use for an auto body shop.
Representation: Corey Richie 4315 Utica Sellersburg Rd
• Would like to move his body shop from 3909 Utica Sellersburg road to 4315 Utica
Sellersburg road.
Board Questions: Mr. Clark-After you move will there be car sales on the property?
Mr. Richie- No,the car that is for sale is my father's personal car.
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-19-53 Development Standards Variance
Corey Richie filed an application for development standard for property located at 4315 Utica
Sellersburg Rd. The applicant is asking to be allowed to have a 3,000 sq foot building and minimum
requirements of C2 zoning is 5,000 sq feet.
Representation:Corey Richie 4315 Utica Sellersburg Rd
• Needs permission for 3,000 sq foot building in a C2 zoning
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-19-54 Development Standards Variance
Athena Hospitality Group filed an application for development standards for property on Indiana Ave &
W 9th St for a 144 room hotel. The applicants are seeking variances for maximum coverage, entrance
drive on 9th street and height.
Representation: Daniel Whitley 1136 Southpark Blvd Bowling Green Ky
• Variance for maximum coverage
• Variance for entrance on 9th St
• Variance for height
Board Questions: Mr. McCutcheon-What is the reason for the height variance?
Mr. Whitley- In order to have a four story hotel we couldn't get the four stories in the 25 ft height
restriction.
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-19-55 Development Standards Variance
Steve Resch filed an application for a development standards for property 115 & 125 W Chestnut St,the
current zoning is DC downtown commercial the proposed development is a restaurant entertain
concept.
Representation: Steve Resch 4025 Woodstone Dr. Floyd Knobs
• Development of a restaurant and parking lot needing 83 parking spaces with 3
handicapped spaces.
Nathan Pruitt the parking standard is kind of a quirk in our standards as most downtown
businesses that are older would be non-compliant.
Public Comment: support—Mayor Mike Moore 803 E Court Ave- I've met with these developers and the
plans are beautiful and will restore two old houses. I'm very excited about this project and the people
that it will bring to downtown Jeffersonville.
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
BZA-19-56 Development Standards Variance
Mike Leonard for Hogan Holdings/McDonalds filed an application for a development standards for
property 927 Indiana & 600 W 9th St(Jeffersonville Gateway Lot 4)the property is zoned C1(small to
Medium Commercial Business)the proposed development is 4460 sq ft restaurant with a drive thru.
Representation: Mike Hill Land Design and Development
• Variance for Roof Line
• Variance for parking maximum, need 51 parking spaces
• Variance for entrance location, 150 feet of spacing not available
• Variance for lot coverage, less green space for parking
• Variance for 21 foot light poles, city standards are 20 ft
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
BZA-19-57 Development Standards Variance
Piyush Patel filed an application for development standards for property on 3018 Tall Oaks Dr,the
[property is zoned Cl the proposed development is a shed. Mr. Avery abstained due to HOA conflict.
Representation: Piyush Patel
• Shed placement
Board Questions: Mr. Clark-Can you switch the shed and the playground?
Mr. Patel-I do not want to move the playground by the street.
Mr. McCutcheon- I suggest that you meet with planning and zoning and see if they have any placement
suggestions that will more for you.
Mr. Patel- I have spent$3,000 and would really like to keep my shed.
Mr. McCutcheon- I recommend this be tabled until the residents can meet with the Planning and Zoning
staff. I make the motion to table this to our next meeting;seconded by Mr. Stinson and motion to table
passes 3-0.
BZA-19-58 Development Standards Variance
Victor Mattingly filed an application for development standards for 723 E Maple for a four unit
Apartment Expansion.
Representation:Victor Mattingly
• Apartment Expansion
• Parking Variance for 12 parking spaces
Board Questions: Mr. Clark-What is your time table?
Mr. Mattingly-4 years to complete occupancy.
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
BZA-19-59 Development Standards Variance
Bill and Donna Price filed an application for development standards for 929 Pennsylvania Ave for a wood
deck on the front of their home that replaced an existing concrete porch.
Representation: Chrissy Price Sandstone Dr.
• Wood Deck
Chrissy Price- Mr. Price is disabled and they were going to get a rail but couldn't with their
current porch so they built the deck so he could get in the house.
Nathan Pruitt-We issues ADA permits for$1.00 but this deck's steps are not ADA compliant
which is why we are here tonight.
Board Questions: Mr. Clark
Public Comment: Support- Donna Price-929 Pennsylvania Ave—My husband is disabled and has fallen in
the front lawn previously so we built the deck that we can later add a ramp to when the time comes and
he needs it.
Billy Price-Sandstone Dr. Several neighboring houses have decks and I don't see what is wrong with a
wooden deck on the front of the house. Nathan Pruitt stated that there are several legacy structures
that will not be permitted to continue once they need replaced. Against—none
Mr. McCutcheon suggested that we table the issue until the residents and Planning and Zoning can meet
to see if there is a way to come to a solution to both of the wood deck issues.
Nathan Pruitt stated that we need to come to a conclusion but at the same time we need to make sure
that people do not continue to build structures and then come for permits that are not normally issued.
Mr. Clark—I recommend this be tabled until the residents can meet with the Planning and Zoning staff. I
make the motion to table this to our next meeting;seconded by Mr. Stinson and motion to table passes
4-0.
BZA-19-60 Development Standards Variance
Alejandro Carrillo filed an application for development standards for property at 3518 Utica Sellersburg
to add a mobile home to parcel with another home.
Representation:Alejandro Carrillo.
• Variance for lot subdivision for second residence
Board Questions: Mr. Clark- How fast can you complete the construction for the mobile home?
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
BZA-19-61 Development Standards Variance
Doug Abersold of Gray Construction filed an application for development standards for property at 285
Paul Garrett Ave,the proposed development is for a warehouse and office for a CBD oil manufacturing
company.
Representation:James Mackenzie Gray Architects
• Variance for maximum height
• Variance for entrance
• Variance for light poles
Board Questions: Mr. Clark-How many employees will you be hiring?
Mr. Mackenzie there will be 25 employees in phase 1.
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
Adjournment
There be'ng no further us' es to come before the Board,the meeting adjourned at 9:18 p.m.
mac/
Mike McCutheon, C air
Submitted by: H er Pennington, Secretary