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HomeMy WebLinkAboutBZA June 27, 2023 MINUTES OF THE JEFFERSONVILLE BOARD OF ZONING APPEALS June 27, 2023 Call to Order Chairman Mike McCutcheon calls to order the Board of Zoning Appeals meeting. It is Tuesday, June 27, 2023, it is 6:30 pm in the City Council Chambers, Jeffersonville City Hall, 500 Quartermaster Ct., Jeffersonville, Indiana. The meeting was held in person and streamed live on the City's website and City's Facebook page. Roll Call Chairman Mike McCutcheon was present. Other members present were Duard Avery, Dennis Hill, Kelli Jones, and David Stinson. Also present were Planning & Zoning Attorney Les Merkley, Planning & Zoning Director Chad Reischl, and Secretary Zachary Giuffre. (Secretary's Note: All drawings, letters, photos, etc. presented before the Board of Zoning Appeals on this date can be found in the office of Planning & Zoning.) Approval of Minutes Approval of the minutes from May 30, 2023. Mr. Hill made a motion to approve the May 30, 2023 minutes, seconded by Mr. Stinson. Roll call vote. Motion passed 5-0. Approval of Findings of Fact Approval of the Findings of Fact. Ms. Jones made a motion to adopt the Findings of Fact for the May 30, 2023 docket items, seconded by Mr. Stinson. Roll call vote. Motion passed 5-0. Approval of the Docket Approval of the Docket. Mr. Hill made a motion to approve the docket, seconded by Mr. Stinson. Roll call vote. Motion passed 5-0. Oath Les Merkley administered the oath. When you speak, please state your name and acknowledge you took the oath. Old Business None New Business Mr. Stinson recused himself from the deliberation and participation in the hearing for BZA-23-24 as he is an adjoining property owner. BZA-23-24 Development Standards Variance Cheryl Gettings filed a Development Standards Variance application for property located at 5204 Idle Dice Drive. The applicant requests variances from the development standards for driveway placement and accessory structure height. The property is zoned R1 (Single Family Residential — Large Lot). The docket number is BZA-23-24. 1 Cheryl Gettings and Ronnie Borden stated they took the oath and the following: • We want to build a 2,000 square foot building to store a camper, truck, and a project car. • We are requesting the variance for height as we are wanting to store a fifth-wheel vehicle. Chad Reischl stated there is no issue with the two variances as presented; however, Staff thinks that the pole barn facing two streets may be out of character for the neighborhood. If passed, we would like to see a contingency to see additional landscaping or other architectural features to make the structure look nicer for the neighborhood. Letter from Michael Vejar stating opposition. Open public comment Heather McCoy stated I took the oath. I am located directly behind where this proposed pole barn will be located. We were told this would be a garage that matches the house. This pole barn will likely be used for commercial use in a residential area; it will be out of place. There is no reason for a commercial vehicle to be stored here. Gina Lovan stated I took the oath. I live with Heather. I am concerned that this structure will be used for commercial use as there are currently commercial machines located on the property. Ken Pierce stated I took the oath. I live on Old Tay Bridge. This is located in a prominent location. There is Earth-moving equipment located on the property. I do not want this to become a commercial use. I am concerned with the increased traffic that this structure might bring. Closed public comment Ronnie Borden stated there is no business at the property. Our business operates elsewhere. I do not have Earth-moving equipment; I only have a skid steer. We do extreme brush-cutting. This is going to be a nice-looking building that will have wainscoting on it. It will be the same color as the house. Equipment will be stored for the business in the structure along with the car. Ms. Jones asked what are the rules related to storing equipment for a business on a residential property? Chad Reischl stated there are rules for storing large trucks and trailers; however, there are some gray areas in the code as to what constitutes business use. Mr. McCutcheon stated the rendering in the staff report does not fit the character of the area. A similar project on Allison Lane was approved but does not work. Les Merkley stated there are three criteria for the Board. Will this variance meet the burden of having a practical difficulty? Has the applicant proven a practical difficulty? Ronnie Borden stated I could have already built the pole barn if I did not go up to the height I requested. Ms. Jones stated I understand the need for the 23ft as you want to store an RV; however, I would like to see something more as far as the rendering goes. We want to see something more residentially-oriented. The rendering in the staff report does not do you any favors. Mr. McCutcheon stated it might be possible to make this building more aesthetically pleasing. I am not supportive at this point. We need to find something that is aesthetically pleasing to the neighborhood. 2 Ms. Jones asked would you be willing to come back with a better image of the materials? Ronnie Borden stated I want to withdraw this application. If I put brick on the outside of this structure, it is still going to be seen. Mr. McCutcheon asked would you be willing to table this project instead and work with Chad to build an aesthetically-pleasing building? Ronnie Borden stated yes, I would like to table this request. Ms. Jones made a motion to table this request, seconded by Mr. Hill. Roll call vote. Motion passed 4-0. BZA-23-25 Development Standards Variance Mr. Stinson reented the room at 6:57pm. Jason Sams filed a Development Standards Variance application for property located at 1720 Veterans Parkway. The applicant requests variances from the development standards for maximum building height and maximum parking count. The property is zoned C2 (Commercial: Large Scale). The docket number is BZA-23-25. Jason Sams stated he took the oath and the following: • This is a 16,000 square foot speculative building. • We wanted the greater height due to the need to hide mechanicals on the roof and other architectural features. • There will be a connection via the access drive which wraps around the Circle K. Chad Reischl stated staff feels this is a great-looking building. We do not have any issues with the maximum structure height given that this is an unusual commercial building. There could be a few less parking spots; however, since this is a speculative building, it is unclear as to how many parking spots are needed. Open public comment No comment Closed public comment Move to findings The Board of Zoning Appeals of the City of Jeffersonville, having heard the application for variance described above, and all opposition from parties claiming to be adversely affected thereby, does now enter the following 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 beaffected in a substantially adverse manner. 3 3. The strict application of the terms of the Zoning Ordinance will result in a practical difficulty. This situation shall not be self-imposed, nor be based on a perceived reduction of or restrictionof economic gain Based on the findings described above, the Board does now approve this application. So ordered this 27th of June, 2023. Reports from Director and Staff None Adjournment There being no further business to come before the Board of Zoning Appeals, the meeting was adjourned at 7:03 pm. t, Mike McCutcheon, Chair Submitted by: Zachary Giuffre, Secretary 4