Board of Zoning Appeals

Bio'Wh~ BOARD OF ZONING APPEALS Minutes Brownsburg Town Hall 61 North Green Street Brownsburg, Indiana 46112 Monday, December 13, 2021 The Brownsburg Board of Zoning Appeals convened at 6:00 PM with a moment of silence and the Pledge of Allegiance. Richard Miller opened the meeting, and a roll call was taken. Members Present: Maria Andrews, Richard Miller, Stacy Risk and Marlon Webb Members Absent: None Also Present: Jodi Dickey, AICP- Director of Development Services, Jenna Wertman, AICP, Senior Planner II, Maggie Smith- Legal Counsel and Heather Wetzel- Administrative Assistant A. CALL TO ORDER AND DETERMINATION OF QUORUM B. MOMENT OF SILENCE & PLEDGE OF ALLEGIANCE C. CONSIDERATION OF PREVIOUS MEETING{S) MINUTES 1. November 8, 2021- Regular Meeting Motion: Marlon Webb made a motion to APPROVE the November 8, 2021 regular meeting minutes, seconded by Maria Andrews, motion carried 4 In Favor/0 Opposed/0 Abstained. D. APPROVAL OF FINDINGS OF FACT 1. BZDV-08-21-1943 113 Westbourne Drive Lot Coverage 2. BZDV-08-21-1944 RR Logistics Park Lots 3 & 4 Access. Structure Side Yard Setback 3. BZSE-09-21-1951 324 E. Main Street "Tattoo/Piercing Parlor" Motion: Stacey Risk made a motion to APPROVE the Findings of Fact for BZDV-08-21-1943, BZDV-08-21-1944, and BZSE-09-21-1951, seconded by Marlon Webb, motion carried 4 In Favor/0 Opposed/0 Abstained. E. HEARING OF REQUESTS FOR CONTINUANCES 1. BZDV-11-21-1973 Northfield Greens Maximum Primary Structure Height A request for a Development Standards Variance from Article 5, § 5.31 "Height Standards," as it applies to Art. 2 § 2.18, to exceed the maximum structure height permitted within the Medium Density Multiple-Family Residential (M2) District. Parcel No(s): 32-07-02-415-002.000-016 Represented by: Mike Sells, Wonderwall Planning Services ADVERTISED PUBLIC HEARING 1 of 4  The Applicant was filing another variance and preferred to present them together. Motion: Stacey Risk made a motion to CONTINUE BZDV-11-21-1973, seconded by Marlon Webb, motion carried 4 In Favor/0 Opposed/0 Abstained. ADVERTISED PUBLIC HEARING OPENED, RECESSED AND CONTINUED TO JANUARY 10, 2022 AT 6 P.M. F. CONTINUED PUBLIC HEARINGS 1. None G. OLD BUSINESS 1. None H. NEW BUSINESS 1. *BZDV-11-21-1975 600 W. Northfield Drive - Brownsburg Station Side Yard Setback A request for a Development Standards Variance from Article 5, § 5.63 "Setback Standards," as it applies to Art. 2 § 2.32, to encroach upon the minimum side yard setback required within the High Intensity General Commercial (C2) District. Parcel No(s): 32-07-03-227-008.000-026 Represented by: Anthony Syers, Civil & Environmental Consultants, Inc. ADVERTISED PUBLIC HEARING 2. *BZDV-11-21-1976 600 W. Northfield Drive - Brownsburg Station Lot Coverage A request for a Development Standards Variance from Article 5, § 5.63 "Setback Standards," as it applies to Art. 2 § 2.32, to increase the maximum lot coverage allowed within the High Intensity General Commercial (C2) District. Parcel No(s): 32-07-03-227-008.000-026 Represented by: Anthony Syers, Civil & Environmental Consultants, Inc. ADVERTISED PUBLIC HEARING *Both cases were heard together with separate motions recorded for each. Jenna Wertman presented the cases stating both were variances from development standards for 600 W. Northfield Drive, Brownsburg Station. She reviewed the three Findings of Fact. The first variance was to reduce the side yard setbacks to O' for two new lots that will be created off of Lot 8 in Brownsburg Station and the other a lot coverage request to allow 100% lot coverage for one of the new lots being created. The site was located at already built out. New addresses have been assigned for the lots. They were seeking to divide Lot 8 into three lots to make Lot 8, Lot 9 and Lot 10. Ms. Wertman described the site the locations of the proposed lots stating there were access easements that would extend through the plat. That would go before the Plan Commission as an amendment to the primary plat in January but they needed the variances reviewed first so that the plat could be determined to be in compliance or not. Previous zoning ordinances allowed for O' side yards for commercial development, which can be seen with Kohl's. They were requesting the variances to allow two lots to be platted off on their own in case ownership needed to be transferred in the future. Ms. Wertman reviewed the Findings of Fact for both and said the approval would not be injurious to public health, safety and morals. These were existing conditions on site and would not impact safety or general welfare. The site would continue to exist as is and continue to provide the goods and services to the community. Staff believed they could find in the petitioners favor and that it would have minimal impact. For use and value, nothing change in the shopping center was being proposed. The access easements would continue to allow access to the site and use of the parking 2of4  areas and there was no additional development proposed. Looking at the practical difficulties, the Applicant would not be allowed to divide off portions of the building such as was done for Kohl's. Staff felt there were practical difficulties with the side yard setback as previous codes did allow that and was overlooked in the current UDO. For the maximum lot coverage variance, Lot 10 was already built out with and surrounded by other lots or developed areas. Staff believed they could meet all three Findings of Fact and recommended approval of the variances with a few conditions. BZDV-11-21-1975: (1) The variance shall apply only to the setbacks of the side yards that abut Lot 7 of Brownsburg Station on the new lots being created, contingent upon approval of the Primary and Secondary Plats. (2) Cross-references to the variances shall be included on the amended Secondary Plat. BZDV-11-21-1976: (1) The variance shall apply only to new lot created east of Lot 7, contingent upon approval of the amended Primary and Secondary Plat, and will establish a new maximum lot coverage of 100%. (2) Cross-references to the variances shall be included on the amended Secondary Plat. The Board did not have any questions for Staff. Applicant representative Anthony Syers, Civil and Environmental Consultants, said they were in agreement with Staff's assessment of their Finding of Facts and recommendations for approval. Mr. Miller received clarification on the lot numbers as the letter listed one set and the findings another. Staff told the Board there were no written comments submitted. ADVERTISED PUBLIC HEARING OPENED Motion: Marlon Webb made a motion to APPROVE BZDV-11-21-1975 subjectto and conditioned upon Staff recommendations, seconded by Maria Andrews, motion carried 4 In Favor/0 Opposed/0 Abstained. Motion: Stacey Risk made a motion to APPROVE BZDV-11-21-1976 subject to and conditioned upon Staff recommendations, seconded by Marlon Webb, motion carried 4 In Favor/0 Opposed/0 Abstained. ADVERTISED PUBLIC HEARING CLOSED I. COMMUNICATIONS & REPORTS 1. Report From Director Of Development Services Jodi Dickey told the Board they were waiting for the 5th Board member to be named before approving the Rules of Procedures, she hoped they would be present for the January meeting. She said the Plan Commission was working on UDO updates and would ask for feedback on those from the BZA early next year. J. MISCELLANEOUS BUSINESS 1. None K. CITIZENS COMMENTS RELATING TO AGENDA 1. None 3 of 4 L. ADJOURNMENT Motion: Marlon Webb made a motion to ADJOURN, seconded by Richard Miller, motion passed 4 In Favor/0 Opposed/0 Abstained. 6: 18 P.M. , President ATTEST: tive Assistant 4 of4