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HomeMy WebLinkAbout1987-OR-72STATE OF INDIANA ) ;SS com~r~ oF Cr, A~ ) GEORGE STONE Petitioner JEFFERSoNVILLE BOARD OF ZONINGAPPEALs Respondent IN THE CLARK SUPERIOR COURT NO. 2 CAUSE ~0. 10D02-9308-CP.211 Comes now the Court and makes the following Findings of Fact in the ab°Ye-captioned matter: 1. This Petition was filed on June 10', 1993, for a hearing Scheduled on July 27, 1993, in front of the Jeffersonvtlle Board of Zoning Appeals. 2. That Construction of Petitioner,s Petition was for a variance to allow a 32 foot by 40 foot storage building with metal walls and metal roof in an area ZOned R-1 Residential. 3. That on July 27, 1993, PetitiOner was Present in person and by counsel, ~ichael G. Neville, of Lorch & Neville, 506 State Street, New Albany, Indiana who variance, presented his Pet/t/on for 4. That at said hearing, the Jeffersonvtlle Board of Zonin~ A?peals Was advised by the Petitioner that.the Ordinance upon which it was relying, i.e. Ordinance 87-OR-72, an Ordinance Regulating the Construction of Primary and Accessory Buildings Within Certain ZOning Clas~iftcations in the City of Jeffersonville, had never been properly Presented to the Jeffersonville Plan Co~ission pursuant to Indiana Code for examination and review for public hearing, prior to its passage by the jeffersonville City Council. 5. That after hearing said Petition, the Board denied Petitioner'S variance application. 6. That Petitioner timely filed Certiorari with this Court which was his. Petition for Writ of granted and this review followed. Comes CONCLUSIONS OF LAW now the Court and ~kes the following conclusions of maw: 1. That the Ordinance in question is Ordinance No. 87-0R-72, an Ordinance Regulating the Construction of Primary and Accessory Buildings within Certain Zoning Classifications in the City of Jeffersonvi!le. 2. That the pertinent statutes to be reviewed are I.C. 36-7- 4-602(b) and I.C. 36-7-4-607(a) (b) (c) (d). 3. That it is ~andated under § 607(b) of the aforesaid Indiana Code, that if this proposal was initiated by the partici- pating legislative body instead of the Plan Conunisslon, the proposal must be referred to the Commission for its consideration and recomm~udation legislative body. 4. That this within the passage of Ordinance No. before' any final action was taken by the is mandatory language ~hieh was not eo~Dlied 87-0R-72. 2 5. That failure to comply with the statutory langUage referred to above renders Ordinance No. 87~0R-72 invalid and of no legal effect. 6. That any action taken by the Board of Zoning Appeals pursuant to said Ordinance a fortiori was also invalid, void, and/or illegal. IT IS THEREFORE, ORDERED, ADouuGED AND DECREED by the Court that Ordinance No. 87-0R-72 be, and the same is hereby declared invalid and void, and further that Petitioner' s Petition for Variance was not necessary and that he is entitled to erect an accessory building restricted within the City of Jeffersonville, provided that he comply with all other building requirements currently in effect. oUDGE, /~LARK ~/~ERIOR COURT NO. MICHAEL G. NAVILLE LORCE & NAVILLE P.O. Box 1343, 506 State Street New Albany, IN 47151-1343 MICHAEL T. FORSEE' 408 East Court Avenue Jeffersonville, IN 47130 a:148\dt\stons.fin17658 Distribution: ORDINANCE NO. 87'0R-72 AN ORDINANCE REGULATING THE CONSTRUCTION OF PRIMARY AND ACCESSORY BUILDINGS wITHIN CERTAIN ZONING CLASSIFICATIONS IN THE CITY OF jEFFERSONVILLE WHEREAS, the Common Council of the City of jeffersonville is desirous of establishing and maintaining uniformity in appearance of building structures within cernain zoning classifications within the city; and WHEREAS, is empowered to regulate the of primary and accessory buildings under currently in effect in the City. NOW, THEREFORE, BE IT OREAINED by the city of jeifersonville that apply henceforth to all primary in R-l, R-2, B-i, B-2 and B-3 the Common council of the City of jeffersonville facade and certain structural aspectS ~he zoning ordinances the Cummon council of the following restrictions shall and accessory structures erected zoning districts in ~he City of jeffersonville: 1. primary and accessory structures in excess of 200 square feet must be constructed of continuous pour concrete footing, concrete block foundation, continuous pour concrete foundation or concrete monolithic pour of slab in accordance with the Indiana State Building Code Approved practices as adopted by the City of jeffersonville. This is to provide for prevention of seepage of ~asolzne and oils into the ground surface and to prevent o contamination of ground water. Exceptions to Section 1 hereinabove are for the erection of pre-manufactured, pre-packaged yard storage barns and buildings constructed of total metal parts in facade not to exceed 200 square feet. However, these structures must also be placed on the appropKiate required foundations pursuant to the provisions of the Indiana Suate Building o code. Exterior facade finish of primary and accessory structures finishes exceeding 200 square feet must be compatible to the structures contiguous and adjoining the property upon which the subject structure is located. Acceptable exterior shall be one or a combination o~ the following: a o Aluminum siding in either inch I8"/ horizontal design. Vinyl siding in either four · (8") horizontal design. four inch (4") or eight inch (4") or eight o c. Block or brick veneer. d. Wood siding of pre-finished 4' x 8' sheets or individual applied wood products acceptable for exterior finishes with approved protective coating applied at the job site. Roof strUcture design to be of a minimum 3/12 slope in pitch and constructed according to approved methods under the Indiana State Building Code. Roof shall be constructed of minimum ]./2" plywood sheathing, 15% felt underlayment, and a finish product of 240~ composition shingles or heavier, or 235% fiberglass shingles of 3 tab seal tab construction or heavier. This ordinance shall be in full force and effect upon its timely adoption, promulgation, approval by the Mayor, and publication in accordance with the Indiana code. So ordained this __7 day of ~, -' 198~- PRESIDENT, COMMON COUN~L~ ATTEST: CLERK-TREASUR~ Presented by me City of jeffersonville, 1987 ._- day of _ This ordinance as Clerk-Treasurer to the Mayor of said Indiana, this ~ day of ~. ' approved and signed by me this _7 , 198