Board of Zoning Appeals

BOARD OF ZONING APPEALS MINUTES February 4, 2009 MEMBERS PRESENT: BUSINESS: Rudy Williams, Chairperson PETITION #01-09 Harold Smith, Vice Chairperson Submitted by Matt Conner and Muncie Connie Klungness, Member Greg Spencer, Member Alliance Church for a Special Exception Willie Rayford, Member for a Church. MEMBERS ABSENT: PETITION #01A-09 Submitted by Matt Conner and Muncie Alliance Church for a Variance from the OTHERS PRESENT: Front Yard Setback Requirement located at 1525 West 14th Street. (Former Michael Widing, Development Director Tim Stires, Assistant Development Director Shadeland Elementary School) Dave Wilbur Sr. Zoning Administrator Stephanie George, Board Secretary; and Mr. Stires stated this petition was continued William Kreegar, Attorney in January because the petitioner needed additional time to complete the certified mail ROLL CALL AND DECLARATION OF A notices and the legal ad. Mr. Stires added the QUORUM: petition is now ready for review and consideration by the Board. Mr. Williams called the meeting to order at 4:34 p.m. Ms. George took roll call and Mr. Stires stated this property is located at declared a quorum with five members in 1525 West 14th Street, the former Shadeland attendance. Mr. Spencer performed the Elementary School building and property. Invocation and Mr. Williams led the Pledge of This property consists of 2.42 acres and Allegiance. carries a zone class of R-3 Residential which is appropriate for the former school use. Mr. MINUTES: Stires added the petitioner is proposing to open a church, but a special exception is The January 7, 2009 minutes were approved required. as presented. Motion passed unanimously; 5 yes, 0 no. Mr. Stires stated the petitioner is seeking a special exception approval for the Mercy ELECTIONS: House Missionary Alliance Church which will occupy the western–most building (former Mr. Smith made a motion to elect Mr. gymnasium) containing 6,290 sq. ft. The Williams as Chairperson. Mr. Williams church plans to use the one story structure for accepted the nomination. Mr. Spencer services on Sundays at 10 am. Mr. Stires seconded. Motion passed 5 yes, 0 no. added the petitioner plans to use the remaining parts of the building as classrooms Mrs. Klungness made a motion to elect Mr. for Sunday school classes. Spencer as Vice Chairperson. Mr. Spencer accepted the nomination. Mr. Smith seconded. Mr. Stires stated the site plan shows the Motion passed 5 yes, 0 no. proposed church building (former gymnasium) 1 falls short of the minimum front yard setback requesting a variance from the lot coverage requirement of 30 ft. The site plan shows the requirement. Staff would emphasize it is a north side of the building is eight (8) ft. from pre-existing condition and the lot coverage the north property line, and 11 ft. from the could only be reduced by eliminating the west property line. Mr. Stires added the required parking or demolishing part of the petitioner is requesting a variance from the church building. Mr. Stires added both front yard setback requirement. Again, the scenarios seem to be impractical and rather building is pre-existing; therefore, staff is expensive. supporting the variance request. Mr. Stires stated the site plan also various Mr. Stires stated the site plan also shows existing exterior light features. Wall lights existing parking on the north, east and south are shown on the front (north side) of the sides of the proposed church. The church will proposed church building. Mr. Stires added have a total of 150 seats in the church the petitioner currently has a 3 ft. by 8 ft. by 5 sanctuary. Mr. Stires added church facilities ft. high ground on the northeast corner of the are required to provide one parking space for proposed church project. The sign states “The every two seats in the main sanctuary or Mercy House Missionary Alliance Church” adjoining sanctuary. The church is required to with the days and hours of worship service. have 75 parking spaces for the 150-seat There will be no other signage. church. Mr. Stires stated the site plan shows a total of 100 asphalted parking spaces (10 ft. by Mr. Stires stated the petitioners are 18 ft.) on site. The petitioner has provided requesting waivers from two (2) of the Board’s more than adequate parking for the church. Design Standards. The first waiver is from the Mr. Stires added there is one single access curbing requirement for the parking lot and drive onto the church property. A 20 ft. wide driveway. The petitioner believes meeting the asphalt driveway is noted on the east side curbing requirement for the parking lot and (Laurel Street) of the property. driveway, which are pre-existing, places a financial hardship on the church. Mr. Stires Mr. Stires stated the Figure 9 Requirements added the petitioner is also requesting a indicated a church must have a minimum of waiver from the 10 ft. setback requirement for one (1) acre. This site for The Mercy House all ground signs. The petitioner believes the Missionary Alliance Church consists of 2.42 existing ground sign has adequate setbacks of acres, which exceeds the minimum acreage 3 ft. and 5 ft. from the north and east property requirement. Staff notes the church site does lines, and does not cause any kind of vision meet the sidewalk requirement, as there are block problem. existing sidewalks around the entire church site. Mr. Stires stated the staff is recommending approval of the special exception (church), Mr. Stires stated the submitted site plan variances (front yard setback and lot shows the existing landscaping (trees and coverage) and both waivers (curbing, signage shrubs) along the front or north side of the setback) because the proposed church is proposed church, and grass around the utilizing a pre-existing building and parking perimeter of the parking areas. The petitioner lot. Board approval will also allow the church doesn’t plan to plant any additional to better meet the needs of its congregation landscaping. Mr. Stires added the site plan and community. also indicates the lot coverage (building and hard surface parking) on the proposed church Matt Conner, 415 W. 11th Street, Anderson project is 60 percent, while the remaining stated he is the pastor at The Mercy House. green space is 40 percent. The R-3 zone district only permits a lot coverage of 35 Mr. Williams asked how big is the percent which means the proposed church congregation? Mr. Conner stated it depends. project is 25 percent over the maximum lot Most of the congregation is college students coverage. Mr. Stires stated the petitioner is and young adult heavy, during school sessions 2 around 150 people and in the summer around Mr. Conner stated there is a thrift store, 75. counseling center from the Wilson Boy’s and Girls Club, bicycle collective and an after Mr. Williams asked when will you worship, school program in the building. one or two times a week? Mr. Conner stated once a week on Sunday morning. Mr. Rayford asked if the church was denominational or non-denominational? Mr. Mr. Williams asked if there was adequate Conner stated they are affiliated with the parking for the church? Mr. Conner answered Christian and Missionary Alliance, a standard yes. evangelical church. Mr. Williams asked most of the congregation Mr. Williams asked the make-up of the church is college students, are they from this area? would be young parishioners such as college Are you affiliated with a sister church in students, would there be a lot of neighborhood Muncie? Mr. Conner answered yes. They are festivities out of the church? Mr. Conner planted out of Muncie Alliance or Christian stated yes. and Missionary Alliance affiliation. Mrs. Klungness asked are there any other Mr. Williams stated one day the church might things in there that might need some kind of resurface the parking lot which would make zoning or is it just the church? Mr. Kreegar that area look nicer, depending on how long answered if they are related to the church, it you are there. would all be considered as an accessory use. Mrs. Klungness asked why did Mr. Conner Jerry Collier, 1531 West 15th Street, Anderson choose this location? Mr. Conner answered asked does the church rent out to house missionally that is where the church wants to people? Mr. Conner stated no they do not. be. Mr. Collier stated in the past there had been Mrs. Klungness asked would it be an outreach several people that have stayed overnight and in that regard? Mr. Conner stated yes, but not he has seen when they move in and out. Mr. just an outreach. They are really affected by a Conner stated they did offer that in the past couple of authors such as John Perkins and for an internship program. others that have shaped the congregations view of urban ministries. Mr. Conner added Mr. Williams asked does anyone stay there? the reality is that they need to move beyond Mr. Conner stated no. just charity, like coming into a place that is down and out, doing their thing and leaving. Mrs. Klungness asked is it a transition type Mr. Conner stated his congregation wants to kind of place? Mr. Conner stated in the past align themselves with the community and during the summer time they had some help out. Many of the congregation comes summer interns who did some outreach stay from Ball State, Anderson University and there. Taylor University. They have stuck around this area and they want to make Anderson a Mrs. Klungness asked how many people? Mr. home for the sake of doing something Conner stated as many as 10, it just depends. meaningful in the City. Mr. Williams asked Mr. Kreegar, would there Mrs. Klungness asked since the property is a be anything to that? Mr. Kreegar stated yes if former school, it would fit your needs more so they are leasing it and you can determine that than an empty church? Mr. Conner answered it is classified as an apartment, then it would absolutely, and they have been in the building have to meet the requirements of the zoning and are coming before the Board retroactively. ordinance. 3 Mr. Conner stated there has definitely never phone number is in the phone book, but other been a money collection for those who stayed than that it is not a typical operation where there. there are offices and such, they do not have that. Mr. Kreegar asked it has been an internship to where nobody pays you to stay there? Mr. Mr. Williams asked in seven (7) to nine (9) Conner stated yes. Mr. Kreegar added he months basically there is no one staying there didn’t know if that is prohibited by the doing internship, it is just in the summer ordinance. time? Mr. Conner stated they are working with Community Development and Kim Mr. Widing stated the zoning is R-3, which Townsend about trying to get a house in the allows for residences, the question would be neighborhood to be housing for the interns does the facility accommodate living quarters? during the summer. Then that becomes a building code issue and Mr. Widing stated he had not been inside the Mr. Williams asked Mr. Kreegar is this multi- facility, so he could not answer that question. use? Mr. Kreegar stated what needs to happen Mr. Widing added there would be alarm and is if you intend to have somebody there in the exiting issues and things like that, which future you need to notify Community would come into play when you try to have Development and let them send an inspector people living within a facility. out to be sure that the premises are fit for habitation. If they are not good for habitation, Mr. Widing stated Municipal Development then they are going to have to stay somewhere Department did not know people were trying else. Mr. Kreegar added maybe you should to live in the facility. provide Mr. Collier with a phone number in case he has complaints. Mr. Conner answered Mr. Spencer asked Mr. Collier, the people yes. staying there did this cause you some sort of issue, or did it concern you, and how did it Evanglea Smith, 1507 West 13th Street, concern you? Mr. Collier stated he was Anderson, stated she lives on the block in concerned when he saw people coming in and front of the church. Ms. Smith stated she had out and wondering what it was going to be some of the same concerns as Mr. Collier as developed into. There were times when Mr. far as the old school being used as a residence, Collier said he thought they were renting out because she knows there has been people that to people and playing a concert of loud music. stayed in the facility. Another concern Ms. Smith had was the upkeep of the building. Mr. Spencer asked was the loud music late at There is a garden out front, and some clothes night? Mr. Collier stated it wasn’t late at hanging out front during the summer. Ms. night, but was loud enough to disturb people Smith added she did not think that was about 100 ft. away. appropriate for a church, and she was affiliated with the building because she is a Mr. Spencer asked Mr. Collier if he feels the member of Progressive Temple Church when people that had been in there are they good they had the building. The building was kept for the neighborhood? Mr. Collier stated he up in the past and things that are transpiring would not say that they are not good for the their now does not line up with the guideline neighborhood. There is no way to contact of zoning for a church. anybody about the church. There are no names or numbers to say who is in charge, all Ms. Smith stated as far as loud music, she has you see is the sign that states “The Mercy seen the band or whatever functions they have House.” there, she has no problem with that, but she is not behind it and her house is well insulated, Mr. Williams asked Mr. Conner if he was so she doesn’t hear the noise. Ms. Smith added aware of information to get a hold of anyone her main concern is the upkeep of the with the church? Mr. Conner stated their building. 4  no zoning requirement stipulating vegetable Mr. Williams asked Ms. Smith her main or flower gardens have to be in the back. Mr. concern is the upkeep of the building and the Widing added the garden is unsightly because surrounding properties? Ms. Smith answered he had mentioned something to our nuisance yes. control officer and she had told Mr. Widing they couldn’t do anything about it. The Mr. Williams stated that piece of property is a concern about it was not only in this location, tough piece of property, because it has gotten but other locations some people aren’t very older and the years have gone by and like all careful with some of the gardens and they things you can improve it. Mr. Williams added become overgrown, have weeds, attract be vigilante of the area and other varmint and maybe in the future we need to surroundings of the church. address that about where property owners can locate gardens. Ms. Smith stated as far as the parking lot along the fence, there are grass and weeds Mr. Rayford stated the church is getting ready growing around the edging of the fence. Those to start out and Mr. Conner is hearing the are things that it wouldn’t take a lot to concerns of the citizens that are around you, correct. now to really be fair to you, you haven’t had a chance to do anything about this or meet these Mr. Spencer asked Ms. Smith her concern is needs of what have you, but listening to what for the upkeep of the building, but would it be is being said here, Mr. Rayford thinks it would fair of him to ask do you think there is an be wise to write them down, remember what organization occupying the building with the the concerns are and be vigilant and make chances of it being unkept or denigrated if it sure you keep things up around the property. were empty? Ms. Smith answered it depended Mr. Rayford and Mr. Williams cut the grass on who owned the property, because there are just to the west of the facility and many of empty buildings that property owners own times they picked up beer bottles and other and they still keep them up. Ms. Smith added kinds of trash all around that building. Mr. she has no problem with the building being Rayford added Ms. Smith has a valid concern, occupied, that is not a concern at all we need so hearing what’s being said, are you (Mr. more churches. Conner) willing to take care of the property? Mr. Spencer asked Ms. Smith that she is not Mr. Rayford stated he had not heard anybody opposed to them? Ms. Smith answered no, she say there not in favor of you (Mr. Conner) is not opposed to them being there at all, that going in there, but you need to make sure that is not an issue. Her concern is, is it a church these people are aware that you are going to or just having people stay there all summer keep the property up, and that is the only long and even after the summer there had issue right now. been people residing in the building. Is it a church or is it a multi-purpose building and Mrs. Klungness asked Mr. Conner he stated then the upkeep as far as that is? 14 th Street before that he is wanting to improve the area or State Road 32 out front of the building, she in which you live, and that really disturbed doesn’t want to see tomatoes, greens and corn her that aesthetically that would be one of the growing out front, like she saw last summer. first things you would do is to make sure Ms. Smith stated she understands because the things are in order and tidy. Mrs. Klungness parking lot takes up a great deal of the added that doesn’t cost anything and she ground, if they have a garden that might be doesn’t know where your funding is coming the only area they have to plant one, but it from, but certainly maintaining the aesthetics doesn’t look appropriate if this is a church. of the building would be important. Why hasn’t that been done? Mr. Conner stated he Mr. Spencer asked Mr. Widing are there didn’t know how to answer that because he requirements on where a garden has to be? doesn’t agree with some of the things brought Mr. Widing stated no, but at this time there is up by people driving past the property. 5  line, is there a way that they can contact your Mrs. Klungness asked did Mr. Conner not just office and if something can be done about it? say to her that you want to improve the area? Mr. Widing answered any concerned citizen Mr. Conner answered yes. can contact our office and we have many different tools that we use to take enforcement Mrs. Klungness asked picking up trash and whether it through zoning or nuisance control keeping things nice is not an improvement? or code enforcement. When we are at a Mr. Conner stated it is not that they litter on quandary we review that with our City the property. Attorneys and then we take appropriate action. Mrs. Klungness asked the property is not maintained? Mr. Conner stated maybe not as Mrs. Klungness asked to be clear, The Mercy much as some other people would want to see. House then operates the whole property? Mr. Widing stated that was his understanding. Mr. Williams stated that is a gateway into the City, this is State Road 32 and people come Mrs. Klungness asked the other people that go into Anderson and we need to grow and sell into the building such as the thrift shop, are Anderson, and all the Board is saying is to those under the control of the church or are keep the property maintained. they just leasing space from your organization? Mr. Conner stated they are Ms. Smith stated if the church is going to have independent from the church and they lease a garden have it well kept. Don’t have weeds area from the building. taller than your vegetables. There is a swing out front and put that with the clothes Mrs. Klungness made a motion to approve hanging and the garden it doesn’t look like a Petition #01A-09 based on the following church. findings of fact. The approval of the proposed variance would not be injurious to the public Mrs. Klungness stated it makes it look very health, safety, morals and general welfare of residential or clubhouse. the community, because it is an existing building and has been for many years, and it Mr. Williams stated it is a nice building and it would make no sense to try to relocate this for needs to be maintained to its integrity of the the purpose of its use. The approval of the building. It needs to look nice. Cut the grass, proposed variance would not adversely affect pick the paper up and that is all the Board is the surrounding properties, because of the trying to say and the neighbors that came same reasons it is a pre-existing school and before the Board, just maintain it. wouldn’t effect them in anyway. The strict application of the terms of the zoning Ms. Smith stated she doesn’t want to seem ordinance would result in practical difficulties completely negative, because she doesn’t have in the use of the property, if the proposed little children, but she has had fliers in her variance were denied because it is pre-existing door where they are inviting the neighborhood and it would be impossible to move. Mr. and she applauds Mr. Conner for that, for Rayford seconded. Motion passed 5 yes, 0 no. having little get togethers or block parties. Ms. Smith added she doesn’t want Mr. Conner Mrs. Klungness made a motion to approve to feel that we are against it, but she bought Petition #01B-09 based on the following her home and she plans to stay in her home findings of fact. The approval of the proposed and she wants it to look nice, so she would like variance would not be injurious to the public the surrounding properties to look nice as health, safety, morals and general welfare of well. the community, because this is existing hard surfacing and it would not make sense at this Mr. Spencer asked Mr. Widing if the point for this particular petitioner to remove neighbors coming forward feel like this place anything. The approval of the proposed is more of a clubhouse or something along that variance would not adversely affect the 6 surrounding properties, because of the same PETITION #04A-09 reasons this is an existing school which never Submitted by City of Anderson and Tom affected the neighbors in any way and since Brewer, Anderson Water Department this is a church it wouldn’t in that regard either. The strict application of the terms of Superintendent for a Variance from the the zoning ordinance would result in practical Maximum Allowable Height in an R-2 difficulties in the use of the property, if the Zone District. proposed variance were denied because it would be impossible to remove all of this hard PETITION #04B-09 surfacing at this time. Mr. Spencer seconded. Submitted by City of Anderson and Tom Motion passed 5 yes, 0 no. Brewer, Anderson Water Department Mr. Rayford made a motion to approve Superintendent for a Variance from the Petition #01-09 based on the following Sidewalk Requirement findings of fact. The proposed special exception is in a proper zone district. The PETITION #04C-09 requirements of Figure 9 have been met, and Submitted by City of Anderson and Tom the variances were granted. The proposed Brewer, Anderson Water Department special exception will serve a public need and Superintendent for a Variance from the convenience, because the church going into a community and their mission is to make the Screen Planting Where Abutting a community that they live in better, and Residential Use (tight screen effective at talking with the pastor he has agreed to all times) Requirement located in the 6600 outreach with the community through block of Park Road on the east side and different events and things to make this their the 3200 block of West 67th Street on the home and that is the mission of their church. north side. The proposed special exception will not permanently injure the appropriate use of the Mr. Stires stated this property is located in surrounding properties, because they are the 6600 block of Park Road on the east side repurposing an existing building that was not and the 3200 block of West 67th Street on the being used and if it can’t be a school in most north side or the northeast corner of the cases a church would be very welcomed in a intersection of Park Road and West 67th community and we have assurances from the Street. This property contains 3.8 acres, is pastor that they will do that in the zoned R-2 Residential and I-3 Industrial community. The proposed special exception is Reserved and is vacant ground. consistent with the spirit, intent and purpose of the zoning ordinance, because they are Mr. Stires stated the petitioner appears before going to re-utilize an existing building and the Board seeking approval for a special putting a church into an empty building that exception for a new municipal water tower will help serve the needs of our community as (utility) which will service the City’s well as own. Mrs. Klungness added to grant southwest side. The submitted site plan the waivers for curbing and the existing sign shows the proposed construction of a 94 ft. setback to allow that to be where it is since it diameter by 125 ft. tall water tower on the is already there. Mr. Rayford seconded. eastern third of the property. Mr. Stires added Motion passed 5 yes, 0 no. the proposed water tower easily meets all minimum setback requirements, but it does PETITION #04-09 far exceed the 35 ft. height allowance in an Submitted by City of Anderson and Tom R-2 zone classification as the water tower tops Brewer, Anderson Water Department out at 125 ft. The additional height is required Superintendent for a Special Exception in order to attain and maintain adequate for a Utility (Water Tower). water pressure. Mr. Stires added the petitioner is requesting a variance from the maximum allowable height requirement. 7  Mr. Stires stated staff is recommending Mr. Stires stated the submitted site plan approval of the special exception (water tower shows access to the water tower by way of a 12 utility), and the variances (height, screen ft. wide gravel / crushed stone and asphalt buffering and sidewalks) because the water service driveway on the north side of West tower project meets the setback requirements 67th Street. The site plan shows enough area and a majority of the Figure 9 Requirements at the north end of the service driveway to for a utility. Staff notes approval of the water park three (3) vehicles. Mr. Stires added the tower will greatly improve water volume and water tower will not be a manned facility on a water pressure on the southwest side of the daily basis, but will require regular City which could lead to expand residential, maintenance checks, so the Figure 9 commercial and industrial developments. Requirement for parking does not apply. Tom Brewer, Water Superintendent, 550 Mr. Stires stated the site plan indicates there Baxter Road, Anderson stated this will be a will be no signage on the site and the only single pedestal tower composite design. It is lighting will be a 100-watt LED obstruction designed as such to make it easier to light, designed for steady burning. The light is maintain, avoid sweating, condensation and used to mark the water tower as a possible such. hazard to aircraft. Mr. Williams asked what makes this new Mr. Stires stated the petitioner is in the tower more effective than the old water tower process of platting the one lot plat. The at lets say Memorial Park? Mr. Brewer stated primary plat for Water Tower Addition functional wise it is the same. Maintenance is received Plan Commission approval on a little different because of eight (8) legs January 27, 2009. Mr. Stires stated the sharing the load you have one solid or single Subdivision Control Ordinance does require pedestal holding the load. Mr. Brewer added it sidewalks along all newly platted lots. The equalizes the water pressure, it works like a petitioner is seeking a variance from the water pressure tank. Instead of using dynamic sidewalk requirement, because there are no pressure like air pressure in a bladder, it uses adjoining or nearby sidewalks to tie into. static pressure based on gravity or kinetic energy. Mr. Stires stated the petitioner’s landscaping plan is fairly simple. The area around and Mr. Williams asked would there be stairs on under the water tower on both sides of the the outside of that or in the inside of the service drive will be grass or green. Mr. Stires pedestal? Mr. Brewer answered everything added no shrubs or trees are planned. The will be contained on the inside. One of the Figure 9 Requirements for a utility specifies advantages of this type of structure is the screen planting where abutting a residential booster station that might be needed one day use (tight screen effective at all times). Mr. in the future, all those improvements would Stires stated the petitioner is requesting a be inside the pedestal itself. Mr. Brewer added variance from the screen plantings or the ladder to access the top will also be inside. buffering requirement, because the water They will be installing a rack on top to house tower is 125 ft. tall and no amount of cellular antenna so they can rent out that plantings will adequately screen or buffer a space in the future, if that is ever to happen. residence from a 125 ft. tall structure. The water tower site will far exceed the green Mr. Williams asked would the rack go up at space requirement for R-2 and I-3 zoned the same time as the tower? Mr. Brewer property. Mr. Stires stated the R-2 zoned answered yes, all at one time to save wear and property, where a majority of the water tower tear on the neighborhood. will be located, has a green space requirement of 65 percent. The water tower will only cover Mr. Brewer stated the height requirement is 5 percent of the site, while 95 percent will based on the mean sea level altitudes (m.s.l.). remain green. Every 2.31 feet of elevation generates one (1) 8 pound of pressure in the system. So 130 or 140 Mrs. Klungness asked we only have three (3) ft. would generate around 50 to 55 pounds per water towers that really perform? Mr. Brewer square inch (p.s.i.). The important point is to answered exactly right the others are get m.s.l. line across the City and to build drastically underperformers. To effectively use water towers at that elevation. Mr. Brewer those if the City’s pressure dropped down to added the City has had a history of building 35 to 40 p.s.i. towers at the incorrect altitudes. Mr. Brewer stated the highest elevation is 53rd Mr. Williams asked maybe in the future there and Scatterfield Road. If you took a static are plans to build four (4) more? Mr. Brewer pressure gage on a fire hydrant out there it stated no, he was talking about existing would be at 45 p.s.i., because it is the highest towers. Mr. Brewer’s long-term plan is to work elevation in the City. If you were to go to the backwards through the system. The first one lowest elevation in the City down here in Park to replace would be the Fairview Street water Place and put a pressure gage on a hydrant tower, because it’s at a low elevation that and it would be seven (7) p.s.i. Mr. Brewer basically doesn’t work. added that is the pressure difference because of the elevation. Mr. Williams asked is the new water tower going to replace the Fairview Street tower or Mr. Williams asked does the water recycle on is that after the this tower? Mr. Brewer stated that? How does that work? Mr. Brewer stated the Fairview Street tower would be after the if the Board could image a water balloon on a new one. The purpose of the new one is to line coming into your house. As the pressure conserve that quadrant of the City, and it will exceeds what you are using that balloon will help with the industrialized development in expand. Mr. Brewer added the energy here the Flagship area. Mr. Brewer added it would except for we are using gravity instead of the create a ballast overhead. The idea of water elastic energy in a balloon. As you open up towers at the correct altitude means to more faucets and use more water than is technically shut down the treatment plants for coming in the house that balloon will contract. several hours and the citizens would never Mr. Brewer stated hence that would be know, that would be because of the energy gravity taking the tower down. It works with stored overhead. ballast, it takes up the excess and gives out during demand. Mr. Williams asked the City has six (6) water towers? Mr. Brewer answered yes, three (3) at Mr. Williams asked there is no stagnant water half a million gallons each and three (3) at one at anytime? Mr. Brewer stated no. The ballast million each for a total of 4.5 million gallons is what helps in the winter time to keep the overhead storage. The ten state standard water from not freezing. Mr. Brewer added basically suggests that you have 24 hour they only use one line going in and out of the overhead storage, so the City would need ten tower, not two lines. This new tower will serve (10) million gallons overhead. Mr. Brewer the entire southwest quadrant of the City as added this two (2) million gallon brings us one well as the industrial area. Mr. Brewer added step closer to those concepts. it works forward and backwards for the system almost like the tides of the ocean. As Mr. Williams asked so all totaled we have how the low-pressure area develops the two (2) much water once the new tower is built? Mr. million gallons of water will flow out of the Brewer answered it would be 6.5 million tank into other areas. Mr. Brewer stated it overhead but not all of it is viable because of would also help fire protection in that area, the improper elevation. because it would be more overhead ballast. Mr. Williams asked the City of this size Mr. Williams asked are the single pedestal should have how much water overhead? Mr. water tower the standard now? Mr. Brewer Brewer stated ten (10) million gallons. stated yes, at one time engineers could not figure out a way to support that one thousand 9 two hundred tons with that kind of cantilever effect. They used a routine array of legs to Mr. Williams asked you already have the soil distribute the weight evenly. Mr. Brewer testing done? Mr. Brewer stated yes, they had added over the years the development of to do studies number one to see if this site greater technology and materials they have would be big enough and if the ground could found ways to be able to build that weight out hold the weight of the tower. The studies in a cantilever effect with this pedestal. showed the ground would only compress about an inch and a half. Mr. Brewer added once Mr. Williams asked in the future all water they build the tower and the water inside of it, towers will be one pedestals? Mr. Brewer the elevation would only drop 1.5 inches. stated yes, you will see very few with legs anymore only real small ones that were built Mrs. Klungness asked how is building this just real cheaply. new tower at that location going to benefit her? Mr. Brewer stated it is going to give two Mr. Williams asked are we just going to (2) million gallons of ballast overhead. In an dismantle the old one and put the new ones ice storm where we could lose pressure, this up? Mr. Brewer stated you would see them tower would help keep the water flowing. torn down if they are at incorrect elevations. Over time these water towers were built at Mrs. Klungness asked this tower would lower elevations and relatively speaking the benefit the entire City? Mr. Brewer answered pressure was ok, but as development grew, yes. Everything is tied together in a grid map the higher elevations in the City like out on on 24 and 30-inch feeder mains all through Park Road, Columbus Avenue and Rangeline the City. Road are the highest elevations in the City. Mr. Brewer added the lower towers would be Mrs. Klungness asked is the City taking this replaced because of age and elevation. on or is this some sort of matching funds through to enhance or any federal dollars for Mr. Brewer stated the water tower at this? Mr. Brewer stated at this time it is all Fairview Street which is a one (1) million utility money that was a bond issue that is in gallon tower with eight (8) legs costs about a the bank waiting to be spent on that project. half a million dollars to sandblast to clean it and repaint it inside and out. This new tower Mrs. Klungness stated it seems to her that the will be a lot cheaper because if you were to location of this tower is so far removed from paint this it is a concrete pedestal and the City that it would probably benefit the composite materials. Mr. Brewer added the Flagship more than anybody else. Would they only thing you would sandblast is the bowl have priority over that water? Mr. Brewer and inside, it will cost less to maintain it. stated the water tower doesn’t know the difference. Mr. Williams asked does the City have a plan on replacing the water towers? Mr. Brewer Mrs. Klungness asked wherever the need is stated yes, they have written plans on that. for water is it will send it? Mr. Brewer Funding is a serious problem. We are looking answered it would flow either way. One of the seriously into stimulus package money that reasons to place it there was to enhance and would accelerate the plans. Mr. Brewer added entice development. Mr. Brewer added the new tower will cost about $ 3.2 million. because they would be paying a huge water bill that would help pay entirely for the water Mr. Williams asked if this petition is approved tower over a period of time. That will make tonight, how long would it take to build this other people’s rates cheaper in the future as tower? Mr. Brewer stated he plans to start you have that kind of income, it will help hold construction this summer, but it will take into rates down, because we are selling more next year before it is completed. Everything is water. constantly running behind schedule, such as soil testing. 10 Mr. Brewer stated for every million gallons of treatment plant, the excess flows to the water that we sell to a customer, is $1, 650.00. towers. They have multi-directional flow Imagine if we sell a million gallons of water a throughout the City. day, that is half a million dollars a year. Mr. Brewer stated they are 50 to 60 percent Mrs. Klungness asked having this water tower finished with building a production well that will equalize all the towers in the City and would give two (2) million gallons of water a send water to that needed area? Mr. Brewer day by itself. One of the best formations they stated yes. have found so far, for the cost of $315,000 and this well has complete auxiliary backup Mrs. Klungness asked with this tower is it power. Mr. Brewer added in a massive ice going to increase her pressure flow in her storm or power outage that we have two (2) faucets at home? Mr. Brewer stated no. It will million gallons a day coming from the well keep it more consistent. Mr. Brewer added if field to the treatment plant to ensure our everyone turned on their faucets at once, the industries that they are a viable utility and pressure would drop and this new tower will we are here to support them. help smooth that out. With the tower being out at the Flagship to show commitment in Mrs. Klungness stated that was very that area that would hopefully entice more impressive. business to come, because every million gallons of water sold is roughly $1,600. Mr. Brewer stated he has been at the Water Department for 33 years and the Mr. Williams asked the closer the water tower superintendent for 20 years, has only lost is to your residence, the better off you are? Mr. pressure about two (2) times, during an ice Brewer stated there are energy losses through and wind storm. The sad thing he ran out of that, we don’t put all the water towers in one water in the towers and after the well fields block. They are put in different locations of were shut down from lack of electrical power, the City to create that energy loss it was a prime time for down power lines to equivalence, but as pressure drops enough in cause fires. Mr. Brewer stated since then, one area, that water comes from that every time he builds a new structure or new overhead storage. well he puts auxiliary power in it, because that is the key to backing up the public and Mrs. Klungness asked would building the taking care of them. Mr. Brewer added that is tower result in someone out in the county a reassurances we want the citizen to have to connecting into the grid? Mr. Brewer stated move here to the City of Anderson, that we not at this time they would have to do a water think ahead. main extension and they would have to pay to do that. Mr. Brewer added we do have water Mr. Smith asked why the property is zoned I-3 lines outside the City limits, but there are no in the northeast corner? Mr. Stires stated plans right now for any particular extension possibly because of the General Motors plants, as far as residential. they probably had plans years ago to expand possibly that far south. Why they put a 250 ft. Mrs. Klungness asked if we could entice a strip of R-2 up and down Park Road and have development to come to Anderson because we the I-3 behind it, plus there is a railroad that have so many million of gallons of water at a goes along it, that is the only thing that Mr. turn of the switch? Mr. Brewer stated if we Stires surmised. don’t have water for them, they would not come. Mr. Widing stated that Mr. Stires has been here for many years and he had no clue why Mr. Rayford asked the water that is used to the I-3 was on the property. replenish these towers comes directly from the water treatment plant? Mr. Brewer stated yes. That grid network ties directly into the water 11 Mrs. Klungness asked if Steve Servies wanted proposed variance would not adversely affect to say anything? Mr. Servies stated he doesn’t the surrounding properties, because it meets have anything to say. all the requirements for setbacks and it will be maintained by the City of Anderson and a way Chris Smith, 3225 W. 67th Street, Anderson, to keep it as a functional entity to provide stated that she lives across the street from water to the citizens of Anderson. The strict this property and wants to know when they application of the terms of the zoning drill for this tower, will it affect her well? Mr. ordinance would result in practical difficulties Brewer stated absolutely not. Mr. Brewer in the use of the property, if the proposed added if he was drilling Ms. Smith has rights variance were denied because the structure by the Water Rights Section of the has to be built at a minimum height Department of Natural Resources where the requirement to allow for the proper water Anderson Water Department would be pressure that is part of this whole responsible for any lowering of the water table construction project to provide water to the or adversaries they caused. This is just a citizens of Anderson. Mrs. Klungness structure that stores water and has nothing to seconded. Motion passed 5 yes, 0 no. do with pulling any water from the ground, it is totally isolated from ground water, it won’t Mr. Spencer made a motion to approve bother you. Petition #04B-09 based on the following findings of fact. The approval of the proposed Ms. Smith stated they did bring a line down variance would not be injurious to the public Park Road for fire hydrants and ever since health, safety, morals and general welfare of they have had a standing water problems. At the community, because there are no first it all collected at Park Road, they put a sidewalks out in that area now to tie into. The dry well in, now it all comes down to her approval of the proposed variance would not property. adversely affect the surrounding properties, because there are no sidewalks in that area to Mr. Widing stated the City Engineer has a tie into and no necessity to put sidewalks in study going on with an engineering consultant that area. The strict application of the terms looking at all of 67th Street out to Layton of the zoning ordinance would result in Road. At some point he knows that 67th Street practical difficulties in the use of the property, is slated for some improvements at what time if the proposed variance were denied because he is not sure. Mr. Widing added they are there is simply no need for sidewalks in an going to address a myriad of issues not just area that has no sidewalks. Mrs. Klungness the road profile, but some drainage issues as seconded. Motion passed 5 yes, 0 no. well. Mr. Spencer made a motion to approve Ms. Smith stated she wasn’t able to attend Petition #04C-09 based on the following last week’s Plan Commission meeting and findings of fact. The approval of the proposed wanted to know where the opening for this variance would not be injurious to the public tower will be at and the construction traffic? health, safety, morals and general welfare of the community, because the size of this Mrs. Klungness stated the traffic should be structure would require such massive minimal. screening that the screen itself would probably be injurious to the public health, Mr. Spencer made a motion to approve safety, morals and general welfare of the Petition #04A-09 based on the following community. The approval of the proposed findings of fact. The approval of the proposed variance would not adversely affect the variance would not be injurious to the public surrounding properties, because this is an health, safety, morals and general welfare of extremely tall structure and very few the community, because this proposed potential screen items can be utilized. The construction of a water tower meets or exceeds strict application of the terms of the zoning all setback requirements. The approval of the ordinance would result in practical difficulties 12 in the use of the property, if the proposed Mr. Stires stated this property is located in variance were denied because we don’t grow the 1200 through 1300 blocks of East 5th sequoia trees in Indiana and we are not going Street on the north side. This property is to anytime soon. Mr. Rayford seconded. vacant ground and is nearly in the center of Motion passed 5 yes, 0 no. the Anderson University Campus. Mr. Spencer made a motion to approve Mr. Stires stated the petitioner is requesting a Petition #04-09 based on the following special exception approval for an Amended findings of fact. The proposed special Development Plan for a University. The exception is in a proper zone district. The university is proposing a parking lot addition requirements of Figure 9 have been met, or containing 58 parking spaces (10 ft. by 18 ft.). variances have been granted. The proposed The petitioner has indicated the new parking special exception will serve a public need and spaces will replace the anticipated loss of the convenience, because this will allow the water on street parking spaces on both sides of East utility to more efficiently provide the citizens 5th Street from College Avenue to Nursery of Anderson with water which is necessary for Road. Mr. Stires added this stretch of East 5th the citizens and for life. The proposed special Street is slated for major renovation and exception will not permanently injure the upgrading which will result in the elimination appropriate use of the surrounding properties, of on-street parking spaces. The Figure 9 because the structure meets the setback Requirements for parking at a university do requirements and it will be built to not apply in this case, because the parking lot engineering standards and the structure will is not tied to a university related building or be maintained. The proposed special exception facility. Mr. Stires stated the Figure 9 is consistent with the spirit, intent and Requirements specifies “No Parking in the purpose of the zoning ordinance, because the Front Yard, Except as provided in a Business zoning ordinance allows for the utilities to District.” The petitioner is requesting a provide the citizens of our community with variance from the no parking in the front yard water. Mr. Smith seconded. Motion passed 5 requirement, because of the anticipated loss of yes, 0 no. parking spaces on East 5th Street due to the roadway depth. Mr. Stires added to access the Mr. Williams called for a break at 6:01 pm. new parking lot would be by way of a 25 ft. wide boulevard driveway on the north side of Mr. Williams called the meeting back at 6:05 East 5th Street. pm. Mr. Stires stated the submitted landscaping PETITION #05-09 plan indicates there will be a large number of Submitted by Anderson University and shrubs and a few trees planted around the CSO Architects for a Special Exception perimeter of the proposed parking lot expansion. The trees will be planted across for an Amended Development Plan for a the front or south side of the parking lot and University (Parking Lot) on the northeast corner of the parking lot. Mr. Stires added the petitioner will take the PETITION #05A-09 necessary precautionary steps to protect Submitted by Anderson University and several nearby mature trees on the AU CSO Architects for a Variance from the campus as the parking lot is built. No Parking in the Front Yard, Except as Mr. Stires stated the submitted lighting plan Provided in the Business District shows (11) 250-watt metal halide pole lights Requirement located in the 1200 through ranging from 15 to 20 ft. high. The lights will 1300 blocks of East 5th Street on the north be placed around the perimeter and through side. the center of the parking lot and along the cross access drive to the east. Mr. Stires added there would be no new signage proposed as 13 part of the parking lot expansion. The Mrs. Klungness stated she thought A.U. proposed parking lot meets all of the Board’s already owned that land. Design Standards, and there are existing concrete sidewalks along the south edge of the Mr. Williams asked was that the last piece of new parking lot. property that A.U. didn’t own? Mr. Royer stated that the area where the Church of God Mr. Stires stated staff is recommending campground on campus is now owned by the approval of the special exception (amended University, up to Nursery Road. development plan for a University) variance (front yard parking) because the proposed Mrs. Klungness asked pedestrian safety was parking lot will enable Anderson University to the key in making this change and you can get maintain adequate parking on campus, reimbursed for the amount of parking spaces despite the loss of parking along East 5th you lose on public property? Mr. Royer stated Street. East Fifth Street is a public street, but because it is on the campus the Indiana Greg Snelling, Civil Engineer, 13295 Illinois Department of Transportation (INDOT) is Street Suite 142, Carmel and Joe Royer, allowing this. Anderson University, 3024 East 7th Street, Anderson. Mrs. Klungness asked is this something that A.U. wants to do, make this street more Mr. Williams asked do A.U. students park beautiful or for safety reasons? Mr. Royer more on the street than any other campus stated for both reasons. University Boulevard around? Mr. Royer stated he is not familiar would be the model for this proposed project with other campuses, but years ago before and it will be similar to that. Mr. Royer added University Boulevard, formerly Third Street, that actual work would not go all the way was renamed and redone parking was all down to Nursery Road. It is a two (2) million along that street. This grant was received dollar grant and at least until the actual bids from the federal government for East Fifth come in the estimates are such that it will Street to do essentially the same thing and only get them from College Avenue up to what was granted on the basis of pedestrian safety A.U. calls Executive Drive which is a private to remove the cars from the streets so the drive that goes north to south. students are not walking between cars. Mrs. Klungness asked is their still going to be Mr. Williams asked why is this parking lot on-street parking on Fifth Street? Mr. Royer needed? Mr. Royer stated with this project the stated yes further down closer to Nursery on street parking in the area of the project Road. equal 58 spaces so we are only asking to match the actual number of spaces that we Mrs. Klungness stated that parking really is are losing off the street. Without this an issue on the campus. additional off street parking we would have a problem. Mr. Royer stated that a priority is not to reduce the number of spaces for parking. Mr. Williams asked could you have made more spaces in the new parking lot? Mr. Royer Mr. Smith asked that Mr. Royer mentioned a stated part of the grant process is that they boulevard-type driveway entrance, is that the will only reimburse us for the number of one that exists or another one? Mr. Snelling spaces that we lost. Mr. Royer added as more stated that he believes that there would be projects come along, A.U. purchased work at that entrance will be part of the Fifth approximately 46 acres from where this Street project. Mr. Royer stated the project proposed project is out east to Nursery Road it goes further east than where that entrance is will be in that newly acquired area. and that would be part of what is redone. Mr. Snelling added that the parking is in the 14 right-of-way is what is being improved upon property. This new parking is an extension of for the Fifth Street project. an existing parking lot and will involve very little physical change. The approval of the Mr. Smith stated soon the University will proposed variance would not adversely affect need a parking garage, because they will be the surrounding properties, because of the out of land and he hopes the University is same reasons and the new parking lot will putting that in there plans for the future. provide parking spaces which will replace those that are going to be eliminated by the Mr. Williams asked are they going to put in construction. The strict application of the new curbing? Mr. Royer stated that there will terms of the zoning ordinance would result in be curbing in the parking lot, and any busted practical difficulties in the use of the property, curbing and or sidewalks that are busted will if the proposed variance were denied because be replaced. without the parking lot the cars now parking on East Fifth Street would have to park Mr. Royer stated that they value curbing for a elsewhere which would result in traffic lot of reasons, they value their green space congestion. Mr. Spencer seconded. Motion and would like to have a little deterrent to passed 5 yes, 0 no. stop the cars from going onto the green space. Mr. Smith made a motion to approve Petition Mrs. Klungness asked would it be fair to say #02-09 based on the following findings of fact. though in regards to the placement of this The proposed special exception is in a proper parking lot and not meeting the setbacks, it zone district. The requirements of Figure 9 should use as a theme and this new parking have been met, and variances granted. The lot would not interrupt the theme? Mr. Royer proposed special exception will serve a public stated it would be attached to an existing need and convenience, because the new parking lot, and it wouldn’t hurt the parking lot will provide parking spaces to aesthetics of the University. replace those lost on East Fifth Street as it will be improved and for other reasons he Mr. Williams asked the University would have mentioned previously. The proposed special to pay additionally for lots out of the money if exception will not permanently injure the it went above 58 parking spaces? Mr. Royer appropriate use of the surrounding properties, answered this is a shared grant. The because the new parking lot is an extension of University is paying a portion of the cost, it is an existing lot and is located far enough from not a 100 percent grant. Mr. Royer added to be surrounding properties that they will not be considered for the grant they could only affected. The proposed special exception is replace the 58 spaces that they were losing consistent with the spirit, intent and purpose and still be apart of the grant. of the zoning ordinance, because the parking lot will provide convenient parking spaces to Mr. Widing asked if the Board remembered replace those that will be lost and it would be when they were before it about the student a great asset to the University and the general center? Mr. Williams answered yes. public. Mr. Rayford seconded. Motion passed 5 yes, 0 no. Mr. Widing stated this very same variance was before the Board and was granted. MISCELLANEOUS Mr. Smith made a motion to approve Petition Mr. Widing handed out Municipal #05A-09 based on the following findings of Development’s Annual Report to the Board. fact. The approval of the proposed variance would not be injurious to the public health, Mr. Widing stated in 2006 total construction safety, morals and general welfare of the value, which is the investment that was made community, because the new parking lot will in Anderson, was $116 million. In 2007 when be located in the center of the campus which is Nestle invested in Anderson was $280 million, several hundred feet from the nearest private of that approximately $180 was Nestle 15 construction only. Mr. Widing added in 2008, Secretary $350 million was brought in. This report showed that the Department of Municipal Development, Board of Zoning Appeals and Plan Commission were four (4) times busier than in 2007. Mr. Widing stated earlier that residential permitting is tanking in Anderson and it has been all commercial, which is jobs. This administration is doing a bang up job and Anderson is growing and you folks are doing your jobs and hearing a lot of development, that meets our zoning guidelines and doesn’t have to have a special exception, they just have to get their plans approved by the State and come through the permitting office. Mr. Widing added the permitting staff are busy all the time and he just wanted to say thank you to each member of the Board and if you have any questions about the report, please call Mr. Stires or Mr. Widing. Mr. Widing stated since the newspaper reporter left, he was bound not to talk about it if she was still here, because the Mayor is going to have a press release concerning PEAT International. As of the February 3rd, under our rules and regulations, anyone who comes for a special exception like the University they have 90 days in which to procure their Improvement Location Permit. In order to get that they have to submit a proper drainage plan to the City Engineer and once that is approved then they can petition our office to get the Improvement Location Permit. Mr. Widing added PEAT International has not done that. That was one thing against them. Mr. Widing stated there has been a settlement reached with the owner and the purchase agreement has been rescinded. The Mayor and the property owner, Denny Cooper, are going to have a joint press release in the future. Meeting adjourned at 6:40 pm BY: ______________________________ Rudy Williams, Chairperson ATTEST: ___________________________ Stephanie George, Board 16