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HomeMy WebLinkAboutMinutes BZA 02-25-19 • These variances will only affect the appearance of this building Public Comments: None Department Report: Angie Conn: 111 • The Petitioner has worked with Staff to come up with a solution in order to have the Department's support for these variance requests . • One of the wall signs has been modified to a smaller size • Staff recommends positive consideration of both variance requests with the condition that future tenants must use two of the four permitted signs as architecturally integrated signs into the fin design Board Comments: Kent: Can you explain what the fins are? Angie: If you look at the renderings,there are letters that flank on both sides on the fm that face east and west. If approved tonight,we would like these as future sign locations. Kent: Are there any plans for additional tenants? Angie: None are planned as of now,but they are planning for future tenants. On a Motion made by Leo and seconded by Susan to approve Docket Nos. 18120004-5 V with the Conditions provided by Staff. Approved 5-0 • (UV) Recovery Auto. The applicant seeks the following use variance approval: 3. Docket No. 18120010 UV UDO Section 3.01 Prohibited Uses in Overlay,Automobile Sales& Display requested.The 0.4 acre site is located at 10601 E. 106th St. It is zoned B2/Business and Home Place Overlay District,Business Sub-Area. Filed be E. Davis Coots of Coots,Henke& Wheeler,on behalf of Dianwei Wang and Meili He,owners. Petitioner: Dave Coots: • Presented an aerial view of the property, it is located at the northeast corner of 106th Street and College Ave • A standard oil service station was previously here and was torn down last year • Staff provided a letter from Indiana Dept. of Environmental Management stating adequate cleanup from this previous site has been done and they are continuing to monitor the ground water and will not issue a letter of compliance until the end of this year(2019) • Underground storage tanks were removed and over 700 tons of contaminated soil have been removed • The Petitioners are owners immediately to the east of this site and have been there since 2010 • The owners purchased adjoining property in 2013,and in 2018 entered a contract to purchase the old Mathews auto repair location • The owners are seeking to expand their business into this location • Sidewalks has been added since the City's improvements to 106th Street and College Ave • The Thoroughfare Plan requires there must be a path along our business front and we agreed we would install a 10' wide asphalt path for connectivity • The owner plans to pave this entire parcel and leave a 5' landscape buffer. This will allow the owner to expand his business to display the sale of automobiles. • Staff has raised the issue for drainage if this parcel is paved and we will add improvements for drainage to accommodate any additional stormwater runoff • We ask the Board to approve this UV for the purposes that were just stated Public Comments:None Department Report: Angie Conn: • Home Place business district sub area excludes automobile sales and display,therefore the UV is needed • This zoning district calls for buildings up to the street and the parking lots in the rear • We recommended positive consideration with Condition of 1 year time limit in anticipation the petitioner will redevelop this area in the future 2 Minutes Board of Zoning Appeals 2-25-19 • They agreed to provide Staff with a landscape plan and additional ROW with a 10' wide multi-use path • They agreed not to park any of their automobiles on the sidewalk IBoard Comments: Sue: If approved tonight,what happens after one year? Angie: After a year,they would have to come back for another UV or for an ADLS review. Sue: What's the harm for leaving the vacant lot as gravel? Angie: They want to pave it for the customer's sake. Staff is fine with leaving it as gravel for one year. Sue: Would they defer installing the multi-use path for a year? Angie: Yes. The City is planning to build a roundabout for this intersection in the future,so they are dedicating the ROW. Brad: Who is responsible for the maintenance of the alley located north of this property? Dave Coots: The City probably inherited that. It is a dedicated alley. Angie: It was recently part of the annex and the City is now responsible Leo: When is this roundabout going to be built? It is on the one year plan? Angie: No. It's currently not on the thoroughfare plan so I do not know the time frame for it. Jim: What's the difference between the one year and two year timeline allowance? Dave Coots: The petitioner would prefer a two year plan. The owners have plans to expand their business and two years gives us more time to work out the future development plans of this site. Jim: I agree that a time limit is needed. Leo: I would agree for five years,but if the Petitioner is happy with two years, let's make it that. On a Motion made by Leo and seconded by Jim to approve Docket No. 18120010 UV with the Condition of a two (2)year time limit. Approved 5-0 WITHDRAWN-(UV) Cohen Office. i ! : • • • :. . - ! ! - .k A. • • • • •' .. 1 (V) Van Schaak Residence,Side Yard Setback. The applicant seeks the following variance approval for a cantilevered fireplace with built-ins: Docket No. 19010011 V PUD Ordinance Z-553-11,Section 6.1 Min.5-ft side yard building setback required,3-ft requested. The site is located at 528 Terhune Ln. at Jackson's Grant, Section 5,Lot 274. It is zoned Silvara PUD/Planned Unit Development.Filed by Matt Huffman of The Old Town Design Group LLC,on behalf of Kenneth&Nancy Van Schaack,owners. Petitioner: Justin Moffett,Old Town Design Group: • It's an unfortunate situation that we are here,but hopefully we can find a solution that meets everyone's needs • We designed the home for the Van Schaack's,and the cantilever fireplace is within the 5' side yard setback • The fireplace total area is 7' wide,and the built in cabinets are 4' each,with a total width of 15-16' • The built-in cabinetry are met to be flush with the fireplace, so it's purely a design detail • We were required to submit our plans to the Architecture Review Committee of Jackson's Grant. Republic Land Development approved these plans. • We applied for building permits through Department of Community Services and they were approved • Construction was started and it was then brought to our attention that this was not in compliance with the PUD or the underlie zoning • Presented rear, side, and front yard elevations • Zoning allows up to 7' of a chimney/firebox to protrude in the side yard setback • The problem is the cantilever area width is 15' 9"and the extra 4' per side is a common design feature • We believe the additional 4' to each side does not create any hardships 3 Minutes Board of Zoning Appeals 2-25-19