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HomeMy WebLinkAboutBZA July 25, 2023 MINUTES OF THE JEFFERSONVILLE BOARD OF ZONING APPEALS July 25, 2023 Call to Order Chairman Mike McCutcheon calls to order the Board of Zoning Appeals meeting. It is Tuesday, July 25, 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 and Dennis Hill. Also present were Planning & Zoning Attorney Les Merkley, Planner Shane Shaughnessy (filling in for Planning and Zoning Director Chad Reischl), and Secretary Zachary Giuffre. Kelli Jones and David Stinson were absent at the time of roll call. (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 June 27, 2023. Mr. Hill made a motion to approve the June 27, 2023 minutes, seconded by Mr. Avery. Roll call vote. Motion passed 3-0. Approval of Findings of Fact Approval of the Findings of Fact. Mr. Hill made a motion to adopt the Findings of Fact for the June 27, 2023 docket items, seconded by Mr. Avery. Roll call vote. Motion passed 3-0. Approval of the Docket Approval of the Docket. Mr. Hill made a motion to approve the docket, seconded by Mr. Avery. Roll call vote. Motion passed 3-0. Oath Les Merkley administered the oath. When you speak, please state your name and acknowledge you took the oath. Old Business 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. Ronnie Borden and Cheryl Gettings stated they took the oath and the following: • Our pole barn will have overhangs, gutters, and wainscoting. • It was difficult to find landscaping features to implement. 1 Shane Shaughnessy stated we have met with the applicant since the last meeting. The applicants are wanting to create a nice addition to the neighborhood. We do not have design standards in our code for accessory structures. Mr. McCutcheon stated, at the last meeting, we recommended that you speak with Staff. Ronnie Borden stated we worked with Staff. We will be able to shield our equipment by building this structure. Cheryl Gettings stated the pole barns that the Board of Zoning Appeals recommended seemed like industrial buildings. Letter from Michael Vejar in opposition. Open public comment Ken Pierce, who lives at 3204 Old Tay Bridge, stated I took the oath. These people are operating a business. I have not heard anything that warrants the increased height or the additional driveway. The renderings they showed in their testimony do not match the rest of the neighborhood. The only reason to add a driveway and an increase in height is to operate a business. This board should not respond to threats like the applicant made in the prior meeting. Closed public comment Ronnie Borden stated the 23ft request is to accommodate 14ft doors, allowing our camper to fit. We have a business but it does not operate at the property; the business operates at other locations. We have looked at other ways to build the structure. Mr. McCutcheon stated granting variances sets a precedent. Mr. Merkley, do you have any advice for us? Mr. Merkley stated, as we only have 3 board members, the vote has to be unanimous. You all do have the ability to impose reasonable conditions. Mr. McCutcheon stated we should vote for each variance request separately. Shane Shaughnessy stated I agree. Move to findings for maximum entrance number variance. 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. 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 2 Due to a lack of a majority vote, no official action was taken. The variance request was forwarded to the August 29th meeting. Move to findings for maximum structure height variance. 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. 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 Due to a lack of a majority vote, no official action was taken. The variance request was forwarded to the August 29th meeting. New Business BZA-23-27 Development Standards Variance Mr. Stinson entered the room at 6:56 PM. Gilt Edge Baptist Church filed a Development Standards Variance application for property located at 1713 D.L. Motley Jr. Way. The applicant requests variances from the development standards to allow for the placement of an electronic display/digital signage on the property. The property is zoned NS (Institutional Uses). The docket number is BZA-23-27. Deacon Mike Lewis stated he took the oath and we are trying to upgrade our non-digital sign to a digital sign. It will be more modern. Mr. McCutcheon stated have you had a chance to review the City's digital signage code? Deacon Mike Lewis stated yes, we have. Mr. Hill asked will the sign be in the same location and of the same size? Deacon Mike Lewis stated yes, it will be. Mr. McCutcheon stated we would ask that you all be good neighbors with the new sign. Open public comment No comment Close public comment 3 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. 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 25th of July, 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 7:00 pm. Ve4,4,& Mike McCutcheon, Chair Submitted by: Zachary Giuffre, Secretary 4