Loading...
HomeMy WebLinkAboutMinutes BZA 10-28-19 • The parking lot has 46 spaces,and 4 handicap spots.There's also additional street parking. • We are looking to lease about 30%of the building. There's approximately 3400 sq. ft. • This building is 263' from the nearest house,that is behind the property to the north I • We have hired Quantum architecture help us get this building up to code per City standards • We have been asked to install a sidewalk along Association Court and connect to Bower Drive • We would like to extend the deadline to build the sidewalk to 1 year.This will help provide us some time to raise the funds for the cost of the sidewalk. • Staff has also requested us to provide landscaping updates.The building owner, in his letter,has already committed to working with the Urban Forrester and installing the landscaping to get it up-to-date per City standards. • We have also been asked to install a bike rack. The owner is working with the architecture to do so. • We will install a fence around the dumpster to meet City standards Public Comments: None Department Report: Angie Conn: • The B-3 zoning district requires Special Use approval for a Place of Worship land use • Petitioner has worked with the TAC members and continues to address their comments • Staff recommends approval of this Special Use request,with the condition that the Petitioner addresses all outstanding comments prior to receiving their certificate of occupancy • We ask that the property owner does not appeal his commercial property tax assessment. Churches are exempt,but this building is in a TIFF district and the City does not want to lose that revenue. • We ask for the commitment that the Petitioner will install a sidewalk within 1 year or pays into the Thoroughfare Fund. Board Comments: Alan: Does the sidewalk installation or contributed to the fund within 1 year not affect the release of their certificate of Itccupancy permit? Angie: No. rad: How many of these deficiencies of the property are appropriate to tie to conditions of approval verses which are simply code enforcement issues?Angie: The review process triggers us being able to bring this property into compliance. Brad: Is the tax assessment based on the user of the property or just the property? Angie: It wouldn't affect the assessment but we wanted to make sure. Leo: The BZA's decisions shouldn't have to be about money. John Molitor: That is correct. Leo: Should we vote on that? Can we exclude it? John Molitor: Whether this property is taxable or not, is determined on tax law. If the property owner is willing to make the commitment,then he can make that commitment. But it's not enforceable. Alan: If it's not in the motion,then that's the end of that. John Molitor: Yes James: How long is your lease? Jesse Cupp: We haven't signed a lease yet,but we are looking at 3 years. A Motion made by Leo and seconded by James to approve Docket No. 19090012 SU with the Conditions that sidewalks are installed within one year or contribute to the thoroughfare fund,and the Petitioner addresses all outstanding TAC items prior to receiving a certificate of occupancy. Approved 5-0 (V) Carmel Hotel and Office. The applicant seeks the following development standards variance approvals: 5. Docket No. 19090015 V UDO Section 2.40 Min.20' north side yard setback required for surface parking/building required,5' proposed in one area and 30' proposed in another. I 6. Docket No. 19090016 V UDO Section 5.07.D At least 2 primary buildings required for wide lot width covering at least 75% of the lot's width; 45% lot width coverage proposed. 7. Docket No. 19090017 V UDO Sections 2.40 and 5.19.F No parking lot setbacks/bufferyards along future shared property line between buildings. The 2.6-acre site is located at 12166 N. Meridian St. It is zoned MC/Meridian Corridor. Filed by Brad Schrage of American Structurepoint on behalf of Michael Garvey of Diversified Land Acquisitions,LLC. Minutes Board of Zoning Appeals 10-28-19 5 Petitioner: Brad Schrage: • 1"Variance: In order to maximize the parking provided on our site,we are requesting a 5' setback. There were questions from our Plan Commission meeting about the parking counts on this site. We also have a shared parking agreement with the Ritz Charles. • 2nd Variance: In regards to the lot width coverage due to this being in the MC district,two primary buildings must have 75%of the lot's width. The two buildings in our site layout are not orientated lengthwise along the frontage road(Meridian Street),thus only having 45% lot width coverage. • 3'd Variance: As part as the development of this site,this parcel in the future has the potential to split into two parcels.This variance will allow for a 0' setback when this parcel is split and no additional future variance would be needed. Public Comments:None Department Report: Angie Conn: • Staff are in support of the shared property line setback and building massing variances • We did ask the petitioner to create a site plan that would reduce the drive aisle width and change the parking in this area to go one way. This would be able to preserve a lot of the existing trees. The Petitioner stated they wanted the parking spaces as close as possible since this is a medical office building. • Staff recommends denial of the north side yard setback variance request. Board Comments: Alan: So Staff is not in support of 19090015 V?Angie: Correct. Alan: But Staff is in support of 19090016 V and 19090017 V?Angie: Correct John Molitor: The Board can consider taking separate votes on each variance. Alan: I would entertain that. A Motion made by James and seconded by Kent to approve Docket No. 19090015 V. Approved 3-2,Hawkins,Potasnik A Motion made by James and seconded by Kent to approve Docket Nos. 19090016 V and 19090017 V. Approved 5-0 (V)Ashton Subdivision Perimeter Fence. (From BZA Hearing Officer) The applicant seeks the following development standards variance to replace an existing fence: 8. Docket No. 19090018 V UDO Section 5.09.B Max.6' tall fence with 6'setback& plantings required,8' tall vinyl fence with 0' setbacks requested.The site is located at approximately 14589 Chelsea Ct., at the southwest quadrant of 146th St. and Hazel Dell Pkwy. It is zoned S1/Residence.Filed by Dana Stout, Community Manager,on behalf of Ashton Homeowners Association. Petitioner: Dana Stout: • This subdivision sits at the corner of 146th St.and Hazel Dell Parkway. It's an extremely busy intersection. • An 8' perimeter fence has been in place approximately 20 years.It's in bad shape. We spend$7,000 a year to maintain the fence. • We want to replace it with a high quality 8' tall vinyl fence that will help block the noise and headlights generated by the passing vehicles Public Comments:None Department Report: Angie Conn: • Staff is in support because it is a neighborhood perimeter fence that will be the same height and go in the same location as the existing fence. Staff agrees that the existing fence is in bad shape and needs to be replace. • Staff recommends positive consideration with the condition that they will seek consent to encroach from the BPW since the fence will encroach into a 40' wide drainage utility landscaping easement Minutes Board of Zoning Appeals 10-28-19 6