Board of Zoning Appeals

TOWNOF~ Brownsburg BOARD OF ZONING APPEALS Minutes Brownsburg Town Hall 61 North Green Street Brownsburg, Indiana 46112 Monday, February 14, 2022 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: Jeff Humphreys, Stacey Risk and Marlon Webb Members Absent: Maria Andrews and Richard Miller Also Present: Jenna Wertman, AICP- Senior Planner II, Scott Krapf- Legal Counsel and Heather Wetzel- Administrative Assistant A. CALL TO ORDER AND DETERMINATION OF QUORUM B. MOMENT OF SILENCE & PLEDGE OF ALLEGIANCE C. ANNUAL BOARD TRAINING 1. Jenna Wertman conducted an abbreviated training as there was not a full board. A full training would be conducted at a later meeting. D. ELECTION OF OFFICERS 1. 2022 President ( Presided By The 2021 President) 2. 2022 Vice- President ( Presided By The 2022 President) 3. 2022 Recording Secretary The Board did not elect officers and would do so at the next meeting with a full board. Motion: Stacey Risk made a motion to CONTINUE the Election of Officers to the March 14, 2022 meeting, seconded by Jeff Humphreys, motion carried 3 In Favor/ 0 Opposed/ 0 Abstained. E. CONSIDERATION OF PREVIOUS MEETING( S) MINUTES 1. January 10, 2021- Regular Meeting Motion: Stacey Risk made a motion to APPROVE the January 10, 2021 regular meeting minutes, seconded by Jeff Humphreys, motion carried 3 In Favor/ 0 Opposed/ 0 Abstained. F. APPROVAL OF FINDINGS OF FACT 1. BZDV- 12- 21- 1984 Orthoindy Buffer Yards Motion: Stacey Risk made a motion to APPROVE the Findings of Fact for BZDV- 12- 21- 1984, seconded by Jeff Humphreys, motion carried 3 In Favor/ 0 Opposed/ 0 Abstained. 1 of 5 G. 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 Motion: Stacey Risk made a motion to CONTINUE BZDV- 11- 21- 1973, seconded by Jeff Humphreys, motion carried 3 In Favor/ 0 Opposed/ 0 Abstained. ADVERTISED PUBLIC HEARING OPENED, RECESSED AND CONTINUED TO MARCH 14, 2022AT6 P. M. 2. BZDV- 12- 21- 1977 Northfield Greens Buffer Yards A request for a Development Standards Variance from Article 5, § 5.40( C)( 1) " Landscaping Standards," as it applies to Art. 2 § 2.18, to reduce/ eliminate the required buffers for incompatible districts 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 Motion: Stacey Risk made a motion to CONTINUE BZDV- 11- 21- 1977, seconded by Jeff Humphreys, motion carried 3 In Favor/ 0 Opposed/ 0 Abstained. ADVERTISED PUBLIC HEARING OPENED, RECESSED AND CONTINUED TO MARCH 14, 2022 AT 6 P. M. 3. BZDV- 01- 22- 1995 Talon Woods Architectural Standards A request for a Development Standards Variance from Article 5, § 5.17 " Architectural Standards," as it applies to Art. 2 § 2.18, to reduce the minimum building materials percentage required within the Medium Density Multiple- Family Residential ( M2) District. Parcel No( s): 32- 07- 24- 200- 005. 000- 016 and 32- 07- 24- 200- 013. 000- 016 Represented by: Derek Hays, Olthof Homes ADVERTISED PUBLIC HEARING Motion: Stacey Risk made a motion to CONTINUE BZDV- 01- 22- 1995, seconded by Jeff Humphreys, motion carried 3 In Favor/ 0 Opposed/ 0 Abstained. ADVERTISED PUBLIC HEARING OPENED, RECESSED AND CONTINUED TO MARCH 14, 2022 AT 6 P. M. 4. BZDV- 01- 22- 1996 Talon Woods Front Yard Setback A request for a Development Standards Variance from Article 5, § 5. 63 " Setback Standards," as it applies to Art. 2 § 2.18, to encroach upon the minimum front yard setback required within the Medium Density Multiple- Family Residential ( M2) District. Parcel No( s): 32- 07- 24- 200- 005. 000- 016 and 32- 07- 24- 200- 013. 000- 016 Represented by: Derek Hays, Olthof Homes ADVERTISED PUBLIC HEARING Motion: Stacey Risk made a motion to CONTINUE BZDV- 01- 22- 1996, seconded by Jeff Humphreys, motion carried 3 In Favor/ 0 Opposed/ 0 Abstained. ADVERTISED PUBLIC HEARING OPENED, RECESSED AND CONTINUED TO MARCH 14, 2 of 5  2022 AT 6 P. M. 5. BZDV- 01- 22- 1997 Talon Woods Maximum Lot Coverage A request for a Development Standards Variance from Article 5, § 5.21 " Density Standards," as it applies to Art. 2 § 2.18, to exceed the maximum lot coverage permitted within the Medium Density Multiple- Family Residential ( M2) District. Parcel No(s): 32-07- 24-200- 005. 000- 016 and 32-07- 24-200- 013. 000- 016 Represented by: Derek Hays, Olthof Homes ADVERTISED PUBLIC HEARING Motion: Stacey Risk made a motion to CONTINUE BZDV- 01- 22- 1997, seconded by Jeff Humphreys, motion carried 3 In Favor/ 0 Opposed/ 0 Abstained. ADVERTISED PUBLIC HEARING OPENED, RECESSED AND CONTINUED TO MARCH 14, 2022 AT 6 P.M. F. CONTINUED PUBLIC HEARINGS 1. None G. OLD BUSINESS 1. None H. NEW BUSINESS 1. BZSE- 01-22-1993 303 S. School Street " Dwelling, Duplex" A request for a Special Exception Use approval from Art. 5§ 5.81 SE- 01 Special Exception Standards as it applies to Art. 2 § 2.13 to permit a " Dwelling, Duplex" use within the Traditional Residential ( TR) District. Parcel No( s): 32- 07- 11- 395- 001. 000- 016 Represented by: Fred Arkanoff, Brownsburg Monopoly LLC ADVERTISED PUBLIC HEARING Jenna Wertman said Special Exceptions had locally set statutory criteria that were determined by the Unified Development Ordinance. Special exception uses were those that may be allowed in a district but they needed an extra layer of review by the BZA. She reviewed the 5 criteria for approval. She noted one correction needed to be made to the Staff report regarding the surrounding uses and showed the zoning map for the surrounding area and reviewed the zoning starting it was mix of a lot of different zoning districts and uses. The applicant would like to place a duplex on the property. There currently was a home structure which was deteriorated and they would like to replace it with something they felt was compatible with the surrounding area. The driveway would be on Lincoln and would be a shared driveway for both units. The applicant provide pictures of their other properties; they use a significant amount of masonry and were planning to do the same for this one. Reviewing the Findings of Fact: is it consistent with the purpose of the zoning district and the Brownsburg Comprehensive Plan? Various parts of the Comprehensive Plan mention creating a mix of housing types in the community. It also mentions context- sensitive infill in terms of lot size, scale, setback, etc. The applicant feels their project can meet both of those. The second criteria is that it will not be injurious to public health, safety, morals and general welfare. As the applicant notes and as noted in the staff report, there are other uses either directly adjacent to it, including duplexes and condo- style developments, so they feel they meet this criteria. Is in harmony with adjacent land uses: there was a mix of property types in the surrounding area including other duplexes, condos, and single unit homes so they will be in harmony with the adjacent uses. Will not alter the character of the district: this was consistent with some of the 3 of 5 other development patterns in the area. Will not substantially impact property value in an adverse manner: They provided images of the materials that they use; Staff was recommending a conditions to state the final product would be predominantly similar to the pictures. There was a variety of housing types in the area. Staff recommended approval of the Special Exception Use with the following conditions: 1) The facades shall be predominantly similar to the pictures submitted in terms of amount of masonry used. 2) The approval of the Findings of Fact and Conclusions of Law. If the Board wished to add other conditions or commitments, those should be part of any recommendation. Jeff Humphreys said his only question was if it was predominately brick and staff answered that. The Applicant Fred Arkanoff said he and his wife have owned Brownsburg Monopoly for 20 years. They have been residents of Brownsburg since 1976. He has also owned a painting company for 49 years. They had approximately 42 units in Brownsburg, 28 of those properties were doubles they built. Those were all brick and stone with soffits, aluminum gutters and downspouts, concrete driveways and landscaped yards. They had three commercial units, 28 doubles, and seven 3-bedroom homes. The average age of their tenants was 55 years old. There was only one couple with children, everyone else was divorced, widowed or single. They do background checks on the tenants. The last project for St. James Place had had 80% brick and 20% stone. Those were 2- bedroom/ 2- baths with carpet in the bedrooms, quarry tile floors and granite countertops. His properties were built well for his future as well as his family' s future. He felt having the driveway on Lincoln would be better than on School Street. This would be a very good improvement to the area, especially with the current state of the house. ADVERTISED PUBLIC HEARING OPENED Cindy Hohman, 15 Tyler Court, asked if these would be considered being on Lincoln and not School Street. She asked if there would be double garages. Ms. Hohman said these would be a definite improvement over what was already there and there were other duplexes nearby. Stacey Lewis, 211 Lincoln, Avenue, was concerned about drainage. Rob Crawford 311, S. School Street, also owned adjacent properties on School and Lincoln. While he liked Mr. Arkanoff' s product, he questioned if this was the right location for duplexes. Morris Lewis, 211 Lincoln Avenue, was opposed and worried about drainage. Tammy Bennett spoke on behalf of her mother Gerry Field, 219 Lincoln Avenue, who was also worried about flooding. Mr. Arkanoff said he appreciated the comments. He said each unit would have a garage. Others spoke about drainage and there were the same concerns with his St. James Place location and he was required to fix the drainage per the Town' s standards and he would do the same here. He spoke to the surrounding homes and said his duplex would be a good fit for the area. Jeff Humphreys received confirmation that there if was a drainage issue, Mr. Arkanoff would have to rectify the issue in order to build a home. Mr. Humphreys asked about the one car garages and asked if that would forcing tenants to park on the street. Mr. Arkanoff said the tenants were told the garage were not for storage and they would have to park in the garage and on the concrete in front of the garage. 4 of 5  Mr. Humphreys asked if this was a standard design for Mr. Arkanoff and if he would make any tweaks to fit better with the surrounding homes. Mr. Arkanoff said the home would have brick and stone, Aluminum soffits, a porch in the front, a deck in the back with a separation fence between tenants and landscaping for privacy. Mr. Humphreys asked if he would change any of the design elements to blend in with the adjacent homes. Mr. Arkanoff said he was building it the way the Town required and was not sure what the neighborhood would want to see. ADVERTISED PUBLIC HEARING CLOSED Motion: Stacey Risk made a motion to APPROVE BZSE- 01- 22- 1993, subject to and conditioned upon Staff recommendations, seconded by Jeff Humphreys, motion carried 3 In Favor/ 0 Opposed/ 0 Abstained. F. COMMUNICATIONS & REPORTS 1. Report From Director Of Development Services Jodi Dickey was not in attendance. Jenna Wertman said they would do a more in depth training at the next meeting. She asked that all remonstrators that spoke to sign in. She thanked Ms. Hohman for bringing in Valentine' s Day cookies. Ms. Wertman noted the case numbering has changed as the Department was moving to online applications. Staff was still looking at potential updates to the UDO. G. MISCELLANEOUS BUSINESS 1. None H. CITIZENS COMMENTS RELATING TO AGENDA 1. None I. ADJOURNMENT Motion: Jeff Humphreys made a motion to ADJOURN, seconded by Stacey Risk, motion passed 3 In Favor/ 0 Opposed/ 0 Abstained. 6: 46 P.M. tr\ Wd::6 , President AlTEST: Heather Wetzel, Administrative Assistant 5 of 5