HomeMy WebLinkAboutBZA September 26, 2023 MINUTES OF THE
JEFFERSONVILLE BOARD OF ZONING APPEALS
September 26, 2023
Call to Order
Chairman Mike McCutcheon calls to order the Board of Zoning Appeals meeting. It is Tuesday,
September 26, 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 and 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 August 29, 2023. Ms. Jones made a motion to approve the August
29, 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
August 29, 2023 docket items, seconded by Mr. Stinson. Roll call vote. Motion passed 5-0.
Approval of the Docket
Approval of the Docket. Ms. Jones 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.
New Business
BZA-23-35 Development Standards Variance
Jason and Jaclyn Ledbetter filed a Development Standards Variance application for property
located at 3103 Slone Drive. The applicant requests variances from the development standards
for maximum fence height. The property is zoned R1 (Single Family Residential - Large Lot).
The docket number is BZA-23-35.
Jason Ledbetter stated he took the oath and the following:
• Initially, the fence was raised to prevent the dog from jumping the fence.
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• Years ago, I pulled a permit for the fence; however, I did the work to add a fence topper
without a permit when my dog started jumping the fence.
Chad Reischl stated why is the fence only on two sides?
Jason Ledbetter stated I haven't gotten to all sides of the fence yet.
Chad Reischl asked this variance would be for all sides of the fence, not just two sides, correct?
Jason Ledbetter stated yes.
Chad Reischl asked is there an intent to stain the fence?
Jason Ledbetter stated yes.
Open public comment
No comment
Closed public comment
Ms. Jones asked do your neighbors have any issues with the fence?
Jason Ledbetter stated yes, they have no issues.
Mr. Avery asked could there be open boards on top of the fence instead of solid board?
Ms. Jones stated that anything that has a horizontal piece would allow for an animal to jump
over the fence.
Mr. McCutcheon stated we have had some issues with a similar request in this neighborhood in
the past. Should we look at these issues on individual bases?
Chad Reischl stated yes, these cases should be looked at on individual bases. You must look at
the criteria and see if there is a practical difficulty for this case.
Ms. Jones stated this case is different than the last case that Mr. McCutcheon mentioned. The
prior case was just about neighbors who could not get along.
Mr. McCutcheon asked should the stipulation be that the owners do their best to match the color
of the fence topper with the color of the existing fence?
Chad Reischl stated yes, right now the fence looks trashy.
Mr. McCutcheon asked is the dog older?
Jason Ledbetter stated, no she is younger.
Mr. McCutcheon stated that, in the future, when the dog no longer exists, the fence topper could
go away at some point.
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.
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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 with
the condition that the owner makes the color of the fence topper align with the color of the
existing fence. So ordered this 26th of September, 2023.
BZA-23-36 Development Standards Variance
James Hardaway filed a Development Standards Variance application for property located at
127 Locust Street. The applicant requests variances from the development standards for
maximum primary structure height. The property is zoned R4 (Single Family Residential - Old
City). The docket number is BZA-23-36.
James Hardaway stated he took the oath and the following:
• I live at 103 B Locust Street currently.
• I am building a single-family home on the empty lot at Locust Street. The maximum
height is 35ft and I am wanting to go to 44ft. After consulting with my lumber guy, I am
changing the request to 41ft.
• The house will be well-kept and a big asset to the neighborhood.
• Other buildings around the property are greater than 35ft.
• A six-story building is being proposed to the west of my property.
Mr. McCutcheon asked does that extension over 35ft need to be more precise?
Chad Reischl stated I would change the proposed variance to 42ft.
Mr. McCutcheon stated we are going to change the variance to 42ft.
Chad Reischl stated that my biggest issue with the proposal was the pitch of the roof. The pitch
could come down. Though, there are other homes in the area that are taller, and this is unlikely
to be detrimental to the area.
Ms. Jones stated, from a design standpoint, the proposed design might look better as you do
not have as much roof as you have facade.
Open public comment
No comment
Close 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:
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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 with
the modified variance of a 42ft building height. So ordered this 26th of September, 2023.
BZA-23-37 Development Standards Variance
Tabled
BZA-23-38 Development Standards Variance
Christian Stone filed a Development Standards Variance application for property located at
4415 Hamburg Pike. The applicant requests variances from the development standards for
maximum impervious lot coverage. The property is zoned I1 (Business Park/Light Industrial).
The docket number is BZA-23-38.
Christian Stone stated he took the oath and the following:
• I live at 4199 Fox Run Trail in Cincinnati, Ohio.
• We are requesting a triangle of pavement to be added to the property to add more
service bays.
• With the delay in the supply chain, we want to ensure that vehicles can be stored
effectively.
• The coverage will be over by 2% of the allotted 65%.
Chad Reischl stated this is a large site. We are talking about a small change for a business that
has been in Jeffersonville for a long time.
Open public comment
No comment
Close 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:
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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 26th of September, 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 6:54 pm.
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Mike McCutcheon, Chair Submitted by: Zachary Giuffre, Secretary
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