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HomeMy WebLinkAboutBZA November 28, 2023 MINUTES OF THE JEFFERSONVILLE BOARD OF ZONING APPEALS November 28, 2023 Call to Order Chairman Mike McCutcheon calls to order the Board of Zoning Appeals meeting. It is Tuesday, November 28, 2023, it is 7:25 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 October 24, 2023. Mr. Hill made a motion to approve the October 24, 2023 minutes, seconded by Mr. Stinson. Roll call vote. Motion passed 5-0. Approval of Findings of Fact Approval of the Findings of Fact. Mr. Stinson made a motion to adopt the Findings of Fact for the October 24, 2023 docket items, seconded by Mr. Hill. 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-23-37 Development Standards Variance Chad Sprigler filed a Development Standards Variance application for property located at the 1700 block of Veterans Parkway. The applicant requests variances from the development standards for minimum lot size, minimum main floor area, and entrance proximity to street corners. The property is zoned C2 (Commercial - Large Scale). The docket number is BZA-23- 37. John Campbell stated he took the oath and the following: 1 • Chad Sprigler, the developer, could not be here; however, we have Evalyn Martin and others here. • This site is zoned C2. • We submitted plans several months ago for two future lots. These tenants were Jack in the Box and Valvoline. Based on the initial plans, Planning Staff raised questions about the overall plan for the property. Following the discussion, the developer passed on the concerns to the developer. To allay concerns, we decided to provide an overall concept plan for the property. • We are asking for variances for minimum lot area, width and frontage, and main floor area. The standards in the code make it difficult to develop the area. • For the entrance proximity to Veterans Parkway, the user, Jack in the Box, stated this close access to Veterans Parkway allows it to match adjacent developments like Krispy Kreme and Speedway. To remedy concerns, we added a dedicated left turn lane that will help mitigate traffic concerns. Chad Reischl stated we had a 2.5 month discussion about a number of issues on the property. There is an issue with our UDO and how these areas are starting to develop. What is different now is that developers are starting to sell off the lots and are no longer leasing the units long- term. We feel like the variance request is not inconsistent with the development patterns in the area, and should not cause issues. Open public comment No comment Closed public comment Ms. Jones stated I did a layout on this property for a separate client. This is surprisingly similar to my layout. What are you planning to do with detention? John Campbell stated Jack in the Box will be doing their own underground detention. The developer intends to implement more underground detention along with other facilities near the front of the development. Ms. Jones asked is City Engineer Andy Crouch okay with the awkward entrance? Chad Reischl stated yes, we have reviewed the entrance plan with Andy Crouch and he is okay with the layout now that the developers have integrated the left turn lane. Ms. Jones stated I am not a fan of this drive configuration. Chad Reischl stated that the developer, in getting access to the Speedway site, is assisting with traffic circulation. John Campbell stated, while we are showing a new entrance, this entrance was stubbed into the roadway as part of Veterans Parkway's original design. There will be 3 entrance points to give a user options. The original concept also had an entrance to the lot to the right of the Jack in the Box, we have nixed that concept after working with the City. Mr. Avery stated if you come out on Veterans Parkway, there will technically be a traffic violation if you cross the double-yellow lines. Ms. Jones asked can we hear the variances for minimum lot area, minimum lot frontage, and minimum lot width separately from the variance request for entrance proximity to street corners? 2 Move to findings for minimum lot area, minimum lot frontage, and minimum lot width. 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 28th of November, 2023. Move to findings for entrance proximity to street corners. 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 28th of November, 2023. BZA-23-41 Development Standards Variance Ezzi Signs filed a Development Standards Variance application for property located at 1713 E. 10th Street. The applicant requests variances from the development standards for cumulative sign area and monument sign height. The property is zoned C1 (Commercial — Medium Scale). The docket number is BZA-23-41. Samantha Goshea stated she took the oath and the following: • The current sign is a pylon sign that was owned by Storage Express recently. Now that ExtraSpace has purchased it, it is no longer compliant. 3 • We want to lower the sign and make it a monument sign instead of a pylon sign. We also reduced the square footage of the sign. Chad Reischl stated this applicant was before the Board of Zoning Appeals on September 26, and the Board decided to deny the application for a pole sign but recognized a hardship for advertising. Staff has worked closely with the applicant to make the sign a monument sign. Open public comment No comment Closed public comment Ms. Jones asked do you know how tall the existing sign is? Samantha Goshea stated it is around 30ft. We are going for the height of the lower portion of the existing sign with this revision. Chad Reischl stated this sign is not out of place considering the Walgreens and Meijers signs nearby. This is a good compromise. 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 28th of November, 2023. BZA-23-42 Use Variance Larry T. Watson filed a Use Variance application for property located at 4113 Coopers Lane. The applicant requests a variance to allow for a contractor's office and open-air storage of vehicles. The property is zoned R1 (Single Family Residential — Large Lot). The docket number is BZA-23-42 Candice Watson stated she took the oath and there are commercial properties nearby. We will be using the property for office and truck storage. Chad Reischl stated this property has been used for a similar manner for some time. We found a new shed was built on the property. We would like to ask that there are conditions imposed for a maximum number of vehicles on the property and that landscaping be introduced. 4 Open public comment Tim Just stated he took the oath and the following: • I live directly across the street. • The gravel parking lot that covers the front half of the property is an eyesore. I ask that the parking lot in the front of the house be removed and returned to grass. • The large white tank with hazard signs on the side are potentially unsafe. Is there a potential for runoff into the creek? • The city should conduct an environmental assessment on the property before work begins. • The house should stay looking like a residence. • There should be one light in the rear and height restrictions for lighting in the front. • Signs should be small with no lighting. Herbert Just stated he took the oath and the following: • Not long ago, there was a variance granted to AbTech to run a business nearby. Though, that property maintains a residential appearance. • The properties on both sides are not zoned for commercial use. • This depreciates the value of the property owners around it. Bill Kimmel, who lives at 4104 Coopers Lane, stated he did not take the oath. Les Merkley administered the oath. Bill Kimmel stated, if this is approved, there needs to be a limit on the number of vehicles. If businesses are going to be opening in the area, the City needs to consider this. Close public comment Candice Watson stated we can definitely return the front yard to grass. We can also reduce the number of trucks. The tanks contain fuel, disease, and DEF. We can locate the fuel in the back. Mr. McCutcheon stated whatever you have put on the property is not hard pervious surface; it is millings. With the diesel tanks, there are spots and stains on the ground. Should we ask them to return with a better plan that meets environmental standards and electrical standards? Ms. Jones asked is there any jurisdiction of IDEM that would have concerns about how this has been done? Mr. McCutcheon stated there should be hard impervious surface integrated that can handle the spills. Ms. Jones stated I do not feel like I cannot make a favorable recommendation without a site plan. Mr. McCutcheon stated it might be best to consider tabling and coming back with a plan. Perhaps you need more time to make a better, more-detailed plan. Ms. Jones stated, if you end up selling the property, you might end up with some issues with environmental degradation. Chad Reischl stated, we do require a permit for an accessory structure for a shed. That is how we figured out there was an issue with the property. 5 Mr. McCutcheon stated you can either table the request or we can move to findings. Candice Watson stated I would like to come back with more of a detailed design and with environmental information. Ms. Jones made a motion to table the docket item, seconded by Mr. Hill. Roll call vote. Motion passed 5-0. BZA-23-43 Use Variance Danielle Carrillo filed a Use Variance for the property located at 100 block of W. High Street. The applicant requests a variance to allow for auto sales and open-air storage of vehicles. The property is zoned C1 (Commercial — Medium Scale). The docket number is BZA-23-43. Danielle Carrillo stated she took the oath and the following: • I own Eddy's Auto Sales with my husband. It used to be part of the Jeffboat property. We purchased it in 2019 and have been using it for vehicle overflow inventory. • We asking to retain our use while improving the look of the lot. • We are making several improvements including: o Removing all barbed wire from the fencing around the property, paint the fence black, and repair any damages. o Removing fencing along Jefferson St. completely, 45ft on High Street, and 45ft behind our building. o Installing 128ft of 6ft high 9-gauge galvanized chain link fencing o Installing 270ft of screening to the current fencing behind Eddie's Auto Sales and Cast Iron Steakhouse and fencing that runs parallel to Main Street adjacent to the Lighthouse property o Installing 150ft of privacy fencing to conceal any vehicles that may require minor repairs such as broken windows or flat tires o Leveling and sealing the pavement between Jeffboat's lot and Eddy's Auto Sales to connect the property and concrete steps. o We are going to be sorting the salvage vehicles and the vehicles for sale. Chad Reischl stated the auto sales at the corner of Market St. and Jefferson St. is allowed by a use variance that was granted back in 2010. The applicant has since brought the use to the property in the rear without the required approvals. The applicant has set forth a pretty good plan to improve the lot. This property is located in a developing area with the Jeffboat property developing soon. There may be a reason to deny this application but there is also a reason to allow this business to operate. We would like to see limits placed on commercial vehicles on the property such as semi-trailers and food trucks. We would also like to see some type of deadline placed on the applicant to make the improvements. Open public comment No comment Close public comment Ms. Jones stated I have mixed feelings on this property as this is an established business; however, this is a big vacant parking lot that can be so useful. 6 Danielle Carrillo stated if the use variance is denied, it will remain a vacant parking lot and be detrimental to the community. Ms. Jones stated this land would be much more valuable to the city as some infill housing. At the same time, we still appreciate you as a local business and that you are wanting to make improvements. I wish we were getting some landscaping on the property; however, there is limited space to implement greenspace. Mr. McCutcheon stated this property looks like a Ford storage lot. We do want the property to be used. We want to be sure that paths of egress are maintained for fire safety reasons. What is an acceptable timeline for accomplishing your improvements and working with staff to determine how many cars can be stored? Danielle Carrillo stated I will be there at the site next year to ensure that car hoarding does not happen. Mr. McCutcheon asked have you discussed a timeline with Chad Resichl? Danielle Carrillo stated we are eager to begin the improvements. Mr. Avery stated the screening proposed will help. Ms. Jones stated I would like to suggest a 6-month deadline of June 1st, 2024 to have the improvements completed. Mr. Stinson stated I would like to see a limit of the number of cars. I would like to see cars turned over. Ms. Jones stated perhaps we should leave it to staff to determine how many cars there should be based on the number of parking spaces. Les Merkley stated that you can put any stipulation you want on the property but leaving it to staff makes it very difficult for us to enforce. Danielle Carrillo stated we have 100 cars existing and we would not have more than that. Mr. McCutcheon asked would you be amenable to having the cars not to exceed 100 cars? Danielle Carillo stated yes we would. Ms. Jones and Mr. Stinson stated there should be a limit of the number of cars such as 75. Danielle Carillo asked what is the issue with the number of cars we have? We are a dealership. It is hard to say that we can only have 75 cars especially during tax season. Mr. McCutcheon stated, if we can agree on 100 cars maximum, we should make that the condition. Mr. Hill asked have you talked to Jeffboat ACBL about their project? Danielle Carillo stated yes. Chad Reischl stated the conditions include the following: 1. Applicant follows the improvements as described in the letter of intent 2. 6-month deadline to make the improvements described in the letter 3. No more than 100 vehicles and no large vehicles will be stored on the property. 7 Danielle Carillo stated we do have RVs on the property. One is our personal RV. They are nice. Mr. McCutcehon stated, if we made the condition that you can have no more than 10 large vehicles on the property, would that work for you? Danielle Carillo stated yes it would. Chad Reischl stated the third condition will be revised to stipulate that no more than 100 cars shall and no more than 10 large vehicles shall be on the property at any given time. Move to findings The Board of Zoning Appeals of the City of Jeffersonville, having heard the application for the variance described above, and all opposition from parties claiming to be adversely affected thereby, does now enter the following findings: 1. The variance of use 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 will not be adversely be affected. 3. The need for the use variance does result from conditions unusual or peculiar to the subject property itself. 4. The strict application of the terms of the Jeffersonville Zoning Ordinance would result in an unnecessary hardship in the use of the property. 5. The approval of the variance would not contradict the goals and objectives of the Comprehensive Plan. Based on the findings described above, the Board does now approve this application with the conditions that the applicant follows the improvements as detailed in the letter of intent, that there will be a 6-month deadline to make the improvements described in the letter, and that there will be no more than 10 large vehicles and 100 vehicles on the property at any given time. So ordered this 28th of November, 2023. BZA-23-44 Special Exception Marvin D. Maxwell, Jr. filed a Special Exception for the property located at 3814 Utica Pike. The applicant requests an exception to create an Accessory Dwelling Unit on the property. The property is zoned C2 (Single Family Residential — Medium Lot). The docket number is BZA-23- 44. Marvin D. Maxwell Jr. stated he took the oath and the following: • I have a dream to build a mother-in-law suite on the property. • We have a house that is red that looks like a barn, and we thought a silo would be cool. • It will be 24ft wide. There will be an 8ft setback to our neighbors on the side property line. • This silo will have two floors and be 18ft tall. Chad Reischl stated staff does not have any major issues with the creation of an accessory dwelling unit in this area. This can create some interesting living arrangements. Staff is supportive of this application. 8 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: 1. The special exception will not be injurious to the public health, safety, moral, and general welfare of the community; and 2. The requirements and development standards for the requested use prescribed by this Ordinance will be met; and 3. Granting the special exception will not subvert the general purposes of the Zoning Ordinance and will not permanently injure other property and uses in the same district; and 4. The proposed use will be consistent with the character of the district therein, the spirit and intent of the Zoning Ordinance, and the Jeffersonville Comprehensive Plan. Based on the findings described above, the Board does now approve this application. So ordered this 28th of November, 2023. BZA-23-45 Development Standards Variance Chase Murphy Enterprises, Inc. filed a Development Standards Variance for property located at 1021 Kehoe Lane. The applicant requests a variance from the side yard setback standards on the northwest side of the property. The property is zoned R3 (Single Family Residential — Small Lot). The docket number is BZA-23-45. Harold Hart stated he did not take the oath. Les Merkley administered the oath. Harold Hard stated the following: • The homes that Mr. Murphy is trying to put on the proposed lots after having an approved minor plat are 24ft wide. • On tract 1, we are requesting a 3ft side yard setback variance. There will be an alley on the side of the property which allows for plenty of space between the houses. Chad Reischl stated when we were working with Mr. Murphy, I realized the intricacies of diving a 100ft lot into three equal parts. The result is 30ft wide lots. Taking out 5ft on both sides creates odd numbers. I said what probably makes sense it to ask for a variance against the alley. This allows us to take a large piece of property and create three new homes. This generally meets the standards without endangering anyone. Open public comment 9 No comment Closed public comment Ms. Jones asked does the applicant have to do any fire-rating for the wall for being closer to the property line than permitted? Mr. McCutcheon stated no because there is an unimproved alley on that side. 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 28th of November, 2023. BZA-23-46 Development Standards Variance Kevin Sperzel filed a Development Standards Variance for property located at 403 E. Market Street. The applicant requests a variance from the proximity to other driveways standards. The property is zoned M1 (Multi-Family— Small Scale). The docket number is BZA-23-46. Kevin Sperzel stated he took the oath and the following: • I will be doing the work for myself and my neighbor Kyle Whorle. • There is a rule that states driveways must be 10ft apart; we are proposing 3ft. Chad Reischl stated we do not have any issues. Mr. McCutcehon asked, if we gave them a variance, could one park in front of the proposed driveways? It is a city street. Chad Reischl stated no because they are private drives. Open public comment No comment Closed public comment Move to findings 10 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 28th of November, 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 8:51 pm. 7444:4 AA cLAL Mike McCutcheon. Chair Submitted by: Zachary Giuffre, Secretary 11