Board of Zoning Appeals

BOARD OF ZONING APPEALS MINUTES October 1, 2008 MEMBERS PRESENT: Mr. Stires stated Petition #31-08 submitted by Glenn R. Wilson and Nichol Avenue, LLC was Rudy Williams, President continued last month due to the petitioner not Harold Smith, Vice President publishing the required legal ad in a timely Connie Klungness, Member fashion. The petitioner has corrected the Greg Spencer, Member oversight and published the proper legal Willie Rayford, Member advertisement for the October meeting. MEMBERS ABSENT: Mr. Stires stated this property is located in the 2700 through 2800 blocks of Nichol Avenue on the south side and the 1400 through 1600 block of Brentwood Drive on the OTHERS PRESENT: west side. This property contains 15.491 acres and is zoned B-1 Local Business. Mr. Stires Michael Widing, Development Director added this was the site for the former K-Mart Tim Stires, Assistant Development Director West and Payless. Stephanie George, Board Secretary; and Amber Lewis, Office Manager Mr. Stires stated Staff noted the petitioner is in the process of platting the 15.491 acres into ROLL CALL AND DECLARATION OF A a (2) two-lot subdivision. The primary plat for QUORUM: the (2) two-lot subdivision, to be known as Celebration Station, received Plan Mr. Williams called the meeting to order at Commission approval on August 26, 2008. 4:38 p.m. Ms. George took roll call and declared a quorum with five members in Mr. Stires stated the petitioner is seeking attendance. Mr. Williams performed the approval for a variance from the sidewalk Invocation and the Pledge of Allegiance. requirement. The petitioners stated in requesting the variance there is no adjoining MINUTES: or nearby sidewalks to tie into and sidewalks are not conducive to being placed along a state The September 3, 2008 minutes were highway (Nichol Avenue / S. R. #32). Mr. approved as presented. Motion passed Stires added there are no existing sidewalks unanimously; 5 yes, 0 no. in front of any businesses along either side of Nichol Avenue (S. R. #32) for several hundred BUSINESS: feet both east and west. Staff would reiterate the opinion of the City Engineer’s office PETITION #31-08 “you’ve got to start constructing sidewalks at some point in time.” Mr. Stires stated since Submitted by Glenn R. Wilson and Nichol this is a newly platted two-lot subdivision, Avenue, LLC for a Variance from the this is the perfect opportunity to get sidewalks Sidewalk Requirement located in the 2700 started. Staff feels by putting sidewalks in thorough 2800 blocks of Nichol Avenue here, as development occurs or redevelopment on the south side, and the 1400 through occurs, as improvements happen we would 1600 of Brentwood Drive on the west side. require sidewalks. Mr. Stires stated Staff notes adding sidewalks along this section of Brentwood Drive would provide the initial 1 connection between the shopping center and Mr. Spencer asked if the variance is denied the Brentwood Subdivision to the south and and the sidewalk has to go along Nichol Courtyard Apartments to the east. Avenue, that would just be one piece of a sidewalk there, but there is no requirement Mr. Stires stated Staff is recommending for anyone else to connect to it unless they do denial of the variance request from the something that requires them to come before sidewalk requirement. The denial is based on this Board, is that correct? Mr. Stires stated the fact sidewalks are a requirement of the correct, he believes the developers of Subdivision Control Ordinance, will encourage Celebration Station at one time he was aware area residents to patronize the local that they had an option on the ground that businesses and will increase pedestrian the Flynn’s Bridal Shop sits on, so that would safety. be an adjoining property, and Staff would want sidewalks installed as a follow through. Brad Rayl, Rayl Surveying and Engineering, 1940 E. 53rd St., Anderson, stated Mr. Servies Mr. Spencer asked that one little block of is representing our client, but is out of town. sidewalk the City can’t go an force other Mr. Servies briefed Mr. Rayl for the Board of people to then start building additional Zoning Appeals meetings. He informed Mr. sidewalks? Mr. Stires stated not to his Rayl of the PASCO items on the agenda, but knowledge. Mr. Kreegar stated no they can’t. forgot to inform him on this project. Mr. Rayl stated from what he understands the only Mrs. Klungness stated the City could go out issue is the variance for the sidewalks. Mr. there and build sidewalks. Mr. Kreegar stated Rayk said the Board has seen this before, and only if there was money in the budget, the you will probably see more of the subdivisions City could do it. requesting, for whatever reasons, sidewalks not to be installed. Mr. Rayl stated it is Mr. Stires stated he explained to Mr. Rayl probably due to monetary issues. Mr. Rayl that if he is not feeling comfortable in arguing added the client is not here to explain further, this, if he would like a continuance, it is open and he apologized for lack of any more to him to opt for it if he wants. Mr. Stires information. explained if this petition does get continued it does impact the ability of the Plan Mr. Williams stated the sidewalks would be a Commission to act on the secondary plat welcome addition, because you have a lot of which is currently pending before the people in that subdivision and apartment Commission, so that would not be able to complex that walkup and down Brentwood heard until this sidewalk issue is resolved. Drive all the time, and it would enhance this area, and having sidewalks on Nichol Avenue Mrs. Klungness asked on the last continuance, would revitalize that shopping center. the Board usually had a practice of only granting one, was that our continuance? Mr. Smith stated he agreed on everything Mr. Williams said in his previous statement. Mr. Spencer stated his experience is on the Plan Commission and he can say that at the Mrs. Klungness asked Mr. Stires if Staff feels last meeting that was addressed and they that it would not be dangerous to anybody have been asked to send a letter so those walking up and down Brentwood Drive? Mr. continuances don’t continue. Stires stated it would increase safety for pedestrians. Mrs. Klungness stated they could table it and bring it back to the table, but Mrs. Klungness Mrs. Klungness asked would it be fair to say said they have been careful about having too that part of that is because it is close to a many continuances granted in the past. residential area and there is a lot of foot traffic? Mr. Stires stated exactly. Mr. Williams stated when it comes before the Board, the Board should act upon it. If the 2 Board continues it once, then they should act Stires stated staff discussed the possibility of upon that next month. Mr. Hart rezoning, but after lengthy review opted to encourage Mr. Hart to seek a land Mr. Rayl stated he is not going to ask for a use variance. continuance, the petitioner knew what the situation was and had they wanted to object to Mr. Stires stated the Board approved a it they would have been here. similar land use variance for a local building contractor (Paul Ponsler Construction) in May Mrs. Klungness made a motion to approve of 2003 for the placement of a 3 ft. by 6 ft. by 4 Petition #31-08 based on the following ft. high business identification sign in the findings of fact. The approval of the proposed front yard of 2517 South Rangeline Road. variance would be injurious to the public health, safety, morals and general welfare of Mr. Stires stated Mr. Hart is an experienced the community, because sidewalks do provide lawn care professional and landscaper and has an element of safety, a safe place for completed several residential projects in the pedestrians and citizens to walk, particularly City and at his residence. when they are surrounded by a residential area. The approval of the proposed variance Mr. Stires stated the petitioner has indicated would adversely affect the surrounding his intent is not to turn his property into a properties, because sidewalks tend to lend business. Mr. Hart doesn’t plan to store any themselves into residential areas and this landscaping inventory or materials on his development should grow and encourage property. Mr. Stires added Mr. Hart has people to come into it and under the stated he intends to keep his residence as a conditions of our economy, people are going to single-family home, which is located directly walk more and this is a good start. The strict east of the sign placement. application of the terms of the zoning ordinance would not result in practical Mr. Stires stated Staff is recommending difficulties in the use of the property, if the approval of the land use variance because the proposed variance were denied because it can petitioner is requesting to place the still be used as a shopping center and it would identification sign for marketing purposes enhance the area by adding the sidewalks. only. Staff notes the petitioner has agreed he Mrs. Klungness added based on those finding, will not store any lawn or landscaping she moves that this petition be denied. Mr. inventory, materials or equipment on his Smith seconded. Motion passed 5 yes, 0 no. property. PETITION #33-08 Mrs. Klungness asked Mr. Stires does he live Submitted by Tyler and Wilbur Hart for in this house? Mr. Stires stated he lives to the a Land Use Variance to place a Ground east of the sign. Sign located at 2603 Mounds Road. Mrs. Klungness asked is the business located there? Mr. Stires stated it is just the sign. Mr. Stires stated this property is located in the 2600 block of Mounds Road on the south Mr. Williams asked Mr. Kreegar if this side. The property contains .33 of an acre, is petition passes, and someone else came in zoned R-3 Residential and is a vacant lot there and wanted to erect a bigger sign, would except for a landscaped island. they have to come before the Board again? Mr. Kreegar answered they would have to come Mr. Stires stated staff initially spotted the back before the Board because you are only business sign on the petitioner’s property in approving the size sign that was applied for. August 2008. Staff contacted the petitioner (Tyler Hart) and discussed the placement of Mr. Williams asked why do you need that sign the sign in a residential area with him. Mr. there? Stires added the City Ordinance doesn’t allow business signs on residential property. Mr. 3 Tyler Hart, 2605 Mounds Road, Anderson, stated it would market his business and get Mr. Spencer made a motion to approve his name out and lots of people drive down Petition #33-08 based on the following that road since it is S. R. 232 and it is very findings of fact. The approval of the proposed visible. variance would not be injurious to the public health, safety, morals and general welfare of Mr. Williams asked the sign would help your the community, because the sign is not an business then? Mr. Hart stated yes, it already overly large sign, it is used for marketing has helped. purposes, the sign doesn’t interfere with the line of sight of traffic and the sign with its Mr. Williams stated he was driving down accompanying landscape enhances the Mounds Road, and past it before he knew it, property. The approval of the proposed so the sign is not big or obtrusive to what he variance would not adversely affect the has seen in the neighborhood, and it is surrounding properties, because of similar landscaped real nice. reasons as mentioned above, the petitioner agreed not to store any materials or Mrs. Klungness asked where is your business? equipment on the property, and the sign with Mr. Hart answered he operates it out of his the landscaping enhances the property. The house, there is no physical location where strict application of the terms of the zoning people come, he takes his business to people. ordinance would result in practical difficulties in the use of the property, if the proposed Mrs. Klungness who owns the property that variance were denied because the sign has the sign’s on? Mr. Hart stated his grandfather helped grow his business and will continue to Wilbur Hart owns it. help market his business and the sign with the landscaping enhances the property. Mrs. Mrs. Klungness asked where do you keep your Klungness seconded. Motion passed 5 yes, 0 equipment now? Mr. Hart answered he has no. only one lawnmower that he uses for his own yard. PETITION #34-08 Submitted by PASCO Enterprises, Inc. Mrs. Klungness asked for landscaping and for a Special Exception for an I-3 Planned things you wouldn’t bring a trailer in? Mr. Industrial Development located in the Hart answered he has a general-purpose utility trailer located on the property right 3940 of W. 73rd Street (Dukes Truck now. Center). Mrs. Klungness asked as you grow, would you Mr. Stires stated this property is located in have material on the property? Mr. Hart the 3900 block of West 73rd Street on the north answered he would not have any mulch piles side. This property is the site of Dukes Truck or pallets of pavers on the property for Center, a local trucking firm that was storage. annexed into the City in March of 2000, and approved by Board of Zoning Appeals in Mr. Rayford stated he was out there today, October of 2003. The Duke’s site is zoned I-3 and he saw the property and had a chance to Industrial Reserved. Mr. Stires added the talk to Mr. Hart and frankly the whole set-up property contains 91 acres which is occupied with the landscaping, the way the sign is by the Carter and Dukes facilities. placed on the berm, the whole thing enhances that whole area. Mr. Rayford stated it is the Mrs. Klungness excused herself at 5:05 pm. highlight of the whole area right there from what he saw, and with his lawnmower and Mr. Stires stated the petitioner is seeking trailer where it is, it is out of sight from the special exception approval of an I-3 Industrial street. Mr. Rayford stated he liked it and let’s Development for a new 475-space parking lot move on. expansion on the east side of Duke’s Truck 4 Center and truck parking lot. The submitted planting of the White Pine trees in a single site plan shows a new asphalt or concrete row. parking lot measuring 452 ft. by 1120 ft. to be constructed east of Dukes and west of Mr. Stires stated the submitted lighting plan Progressive Drive. Mr. Stires stated the new shows the placement of 30 pole lights parking spaces would vary in size from 10 ft. throughout the new parking lot. The lights to 18 ft. (85 car spaces), 12 ft. by 53 ft. (198 will be a 400-watt metal halide lamp which trailer spaces) and 12 ft. by 26 ft. (192 tractor will vary in height from 32 to 35 feet height. spaces). Mr. Stires added a satisfactory isolume or photometric plan is on file. There will be no Mr. Stires stated a 24 ft. wide aisleway is new signage proposed for this new parking lot shown between the two (2) rows of car parking expansion. spaces. An 81 ft. wide aisleway is shown between the rows of tractor and trailer spaces. Mr. Stires stated Staff is recommending Mr. Stires added a 36 ft. wide cross-access approval of the special exception (I-3 Planned drive is shown in the northeast corner parking Industrial Development) because the Dukes lot tying into the northeast corner of the Truck Center expansion easily meets or existing parking lot. Mr. Stires added access exceeds the Figure 9 Requirements. The to the Dukes property will continue to be by parking lot expansion will also allow Dukes to the way of the single existing driveway off the continue to expand and meet their contract north side of West 73rd Street, or by one of the obligations. three (3) 36 ft. wide access drives on the west side of the newly built Progressive Drive. This Brad Rayl, Rayl Surveying and Engineering, new parking lot will be serving truckers, 1940 E. 53rd Street. employees and visitors. Mr. Williams asked the plat of land that this Mr. Stires stated the proposed parking lot is going to be made into, if this petition would not be curbed. The petitioner says the passes, the parking lot, is that about the last new parking lot has been designed for sheet piece of land left for usage at that facility? Mr. flow of the storm water runoff, and the Rayl stated for this particular petition, they installation of concrete curbing could impede do have land north of this or actually north of the drainage flow. the Carter Express that goes all the way up to 67th Street. Mr. Rayl added there is another Mr. Stires stated the Dukes Truck Center piece in there. expansion would have a lot coverage of 35.3 percent by building and hard surface and 64.7 Mr. Williams asked this part of land is most percent by green or landscaping. Mr. Stires convenient for the usage they want? Mr. Rayl added this is well under the maximum stated yes, by being adjacent to Dukes and allowable lot coverage allowance of 80 percent Dukes being adjacent to Carter it is all tied in an I-3 zone district. together. Mr. Stires stated the submitted landscaping Mr. Williams asked are they all one in the plan shows a generous number of evergreen same, Dukes and Carter? Mr. Rayl stated they trees would be planted along the east and are two different entities, but the same south property line of the expanded lot. The principals. landscaping plan shows 173 White Pine trees would be planted. Mr. Stires added the trees Mr. Williams asked would they share any of would be planted in a straight line at a height that parking lot? Mr. Rayl stated he was not of six (6) feet, and spaces eight (8) feet apart. certain of that, Dukes and this parking space Staff will discuss the landscaping plan with here will be connected internally. Carter the City Landscape Architect for some Express is not connected internally to Dukes. possible changes or revisions regarding the 5 Mr. Williams asked would this fit their need? this business to expand and prosper. The Mr. Rayl answered yes, they are out of room proposed special exception will not right now, for both truck and employee permanently injure the appropriate use of the parking as well. surrounding properties because the surrounding properties are similarly zoned of Mr. Spencer asked Mr. Stires who did you say industrial or business and this property is the landscape plan needed to be approved by? located in an industrial zone. The proposed Did you say the City Arborist? Mr. Stires special exception is consistent with the spirit, answered yes, Tammy Doty-Davis. intent and purpose of the zoning ordinance, because the zoning ordinance allows for Mr. Kreegar stated it would go through your special exceptions for increased business (Department of Municipal Development.) development and expansion which this exception will help facilitate. Mr. Rayford Mr. Stires stated he would send it to her and seconded. Motion passed 4 yes, 0 no. ask her for her suggestions, and might mention to her that it looks a little odd to have PETITION #35-08 just a long (1100 ft.) row of single file trees. Submitted by PASCO Enterprises, Inc. Mr. Stires added there must be a little for a Special Exception for an I-3 Planned aesthetic treatment they could do, other than just a long line of trees. Industrial Development located in the 3940 of W. 73rd Street (Carter Logistics or Mr. Spencer agreed with Mr. Stires. Carter Express). Mr. Rayl stated one thing that will limit the Mr. Stires stated this property is located in ability to do a lot of staggering, landscaping or the 4000 block of West 73rd Street on the north mounding is the fact there is side ditch side. This property is the site of Carter drainage, the right-of-ways are not (Express) Logistics, a local trucking firm exceptionally wide and so as long as it doesn’t which was annexed into the city in March of interfere with the drainage plan. 2000. Mr. Stires added the site is zoned I-3 Industrial Reserved and is directly north of Mr. Williams stated if they want to plant this the new Nestle USA plant and west of the many trees, we are going to require a Dukes Truck Center. covenant for future improvements and maintenance. Mr. Stires stated the petitioner is seeking special exception approval for an I-3 Planned Mr. Williams asked what size or caliper of Industrial Development for a new 60-parking trees would be planted? It won’t be a twig will lot on the west side of the Carter Express they? Mr. Stires stated they would be six (6) building and truck parking lot. The submitted foot tall when planted. site plan shows a new asphalt or concrete parking lot measuring 60 ft. by 304 ft. to be Mr. Spencer made the motion to approve constructed west of the truck parking area. Petition #34-08 based on the following Mr. Stires added the new spaces measure 10 findings of fact. Subject to the review and ft. by 18 ft. and there is a 24 ft, aisleway approval of the landscaping plan by the City between the two rows of parking spaces. Mr. Arborist and the Planning Department and Stires stated there is a 24 ft. wide cross-access also subject to a covenant for the maintenance drive is shown in the southwest corner of the of the landscaping. The proposed special new parking lot linking up to the southwest exception is in a proper zone district. The corner of the new parking lot. A single requirements of Figure 9 have been met or existing driveway off the north side of West variances have been granted. The proposed 73rd Street will continue to be used for the special exception will serve a public need and expanded parking area. Mr. Stires added the convenience, because it will allow for proper new parking lot would be serving employees, sheet flow of storm water runoff and allow for customers and visitors. 6 Mr. Stires stated the proposed parking lot expansion easily meets or exceeds the Figure would not be curbed; therefore, the petitioner 9 Requirements. The parking lot expansion is requesting a waiver from the Board’s will also allow Carter Express to grow and Design Standard. The petitioner says the new expand. parking lot has been designed for sheet flow of the storm water runoff, and the installation of Mr. Williams asked why are you needing a concrete curbing could impede the drainage special exception for this expansion? flow. Mr. Stires stated the petitioner has submitted drainage plans to the City Engineer Brad Rayl, Rayl Surveying and Engineering, for review. The petitioner understands no 1940 E. 53rd Street, Anderson stated this permits for construction can be issued until a business is flourishing and this is on the heels drainage permit has been approved. of the previous request with all the additional business that they not only have, but Mr. Stires stated the Carter Express anticipate. They have run out of room for not expansion would have a lot coverage of 24.2 only their visitors and potential clients, but percent by building and hard surface and 75.8 also the employees to park. Mr. Rayl added percent by green or landscaping. This is well this is for employees, right now they park in under the maximum allowable lot coverage the front of the building, visitor try and park allowance of 80 percent in an I-3 zone district. in the front also. The whole area is cluttered with the scale located in that area, and it has Mr. Stires stated the submitted landscaping become very difficult for Carter to move these plan shows a minimal amount of trees planted big trucks around when you have a lot of across the front or south end of the new automobile in the way. parking lot. Mr. Stires added the landscaping plan shows one (1) Red maple and three (3) Mr. Rayl stated the sidewalk issue, their Cleveland Flowering Pear trees will be parking lot is surrounded by swales and planted with a 2 to 2.5 inch calipers. detentions with the possibility of one exception and that would be on the extreme Mr. Stires stated the submitted lighting plan south end where the tree planting is proposed. shows the placement of three (3) perimeter Mr. Rayl added the actual entrance to the pole lights around the new parking lot. The building for employees is immediately east of three (3) lights will be 400-watt metal halide that connector between the existing parking on 30 ft. high light poles. Mr. Stires added a and the proposed parking. satisfactory isolume plan is on file. There will be no new signage proposed for this new Mr. Williams asked the waivers for the parking lot expansion. sidewalks and for the curbing, are really important because of how it allows the water Mr. Stires stated Staff noted the proposed to run off and not be retained there? Mr. Rayl expansion plans do not indicate any new answered yes. Mr. Rayl added as a side note, sidewalks along West 73rd Street. Sidewalks the curb waivers will probably be coming are required under the Board’s Design before this board more and more because of Standard. Mr. Stires added the petitioner LEED certifications, they are talking about explained there are open ditches adjacent to bio-swales being the future for drainage. Mr. West 73rd Street along the right-of-way. The Rayl added what his company is being asked petitioner is requesting a waiver from the to do more often is to design more sheet flow sidewalk requirement because it would not be and more sheet flow equals less storm sewers feasible to install sidewalks along the open and less concentrated flows. The whole idea is ditches as they could interfere with drainage. not to collect the storm water and put it in a storm sewer with all the pollutants and send Mr. Stires stated Staff is recommending it off to wherever it would go. Mr. Rayl added approval of the special exception (I-3 Planned they are trying to get it back into the ground Industrial Development) and waivers (curbing system, which means you will be getting more and sidewalks) because the Carter Express 7 of these requests not to have curbing on these special exception will not permanently injure parking areas. the appropriate use of the surrounding properties because the new parking lot links Mr. Williams asked the flow of water on that up with the existing lot and the area is a drainage ditch, would more go into that? Mr. business area which is expanding and fits in Rayl answered more will go in detention with the surrounding business uses. The which is existing and what you see to the west proposed special exception is consistent with is going to be completely re-done to the spirit, intent and purpose of the zoning accommodate this additional hard surface run ordinance, because the expansion is necessary off, because it all goes in there. Mr. Rayl for the orderly expansion of the needed stated it ultimately exits their property business in this area. Since the Carter through a six-inch connector tile right now, Express parking lot expansion meets or which goes into a regulated drain governed by exceeds the Figure 9 Requirements and the Madison County Drainage Board. approval of the waivers of the curbing and sidewalks requirements is recommended, Mr. Williams asked do they have a lot of since the drainage is designed for sheet flow runoff the way it is set up now? Mr. Rayl makes the curb unnecessary and side ditches answered there is a lot of runoff because there along the streets make the construction of is so much hard surface, but all of the swales sidewalks not feasible. Mr. Spencer seconded. are detention and they are very flat grade Motion passed 4 yes, 0 no. swales that are grass, it is a slow runoff. Mr. Williams asked the runoff wouldn’t reach Meeting adjourned at 5:36 pm the road? Mr. Rayl answered the water would enter the swales in the middle and go into other swales on either side and make their BY: ______________________________ way to the detention area. Mr. Rayl added Rudy Williams, Chairperson very little of the water is going into 73rd Street, but by the same token, that water does ATTEST: ___________________________ the same thing, comes down and enters the Stephanie George, Board detention. Secretary Mr. Williams stated it looks like it has a propensity to go towards the road. Mr. Rayl stated it is very flat and has a flat runoff, and there hasn’t been any flooding problems. Mr. Williams asked are 60 new spaces going to be enough? Mr. Rayl stated enough for today. Mr. Smith made the motion to approve Petition #35-08 based on the following findings of fact. The proposed special exception is in a proper zone district. The requirements of Figure 9 have been met or variances have been granted. The proposed special exception will serve a public need and convenience, because the additional parking is essential for the expansion of the existing trucking business or the expansion of the business will help the economy of the City and provide more employment. The proposed 8