Board of Zoning Appeals

TOWN OF Q Brownsburg BOARD OF ZONING APPEALS Minutes Brownsburg Town Hall 61 North Green Street Brownsburg, Indiana 46112 Wednesday, October 26, 2022 The Brownsburg Board of Zoning Appeals convened at 6: 14 PM with a moment of silence and the Pledge of Allegiance. A roll call was taken; where upon determination of quorum was found. Members Present: Jeff Humphreys, Stacey Risk, and Marlon Webb, with Brett Scowden arriving later in the meeting at approximately 6: 25 p. m. Members Absent: Maria Andrews Also Present: Jodi Dickey, AICP- Director of Development Services, Jenna Wertman, AICP- Senior Planner, Adeleke Mustapha- Associate Planner A. CALL TO ORDER AND DETERMINATION OF QUORUM B. MOMENT OF SILENCE & PLEDGE OF ALLEGIANCE C. CONSIDERATION OF PREVIOUS MEETING( S) MINUTES 1. September 12, 2022- Regular Meeting Motion: Stacey Risk made a motion to APPROVE the September 12, 2022 regular meeting minutes, seconded by Jeff Humphreys, motion carried 3 In Favor/ 0 Opposed/ 0 Abstained. D. APPROVAL OF FINDINGS OF FACT 1. Motion: JEFF HUMPHREYS made a motion to APPROVE the Findings of Fact on the agenda, seconded by STACEY RISK, motion carried 3 in Favor/ 0 Opposed/ 0 Abstained. E. HEARING OF REQUESTS FOR CONTINUANCES 1. None F. CONTINUED PUBLIC HEARINGS 1. None F. OLD BUSINESS 1. None G. NEW BUSINESS 1. BZDV- 22- 9 RONALD REAGAN LOGISTICS PARK PH 1 & 2 TEMPORARY SIGN SIZE A request for a Development Standards Variance from Article 5, § 5. 75( C) and 5. 78 ( C) " Temporary Signs," to exceed the maximum size for temporary signs in the C2 and I2 Districts. Parcel No( s): 32- 08- 07- 300- 001. 000- 016, 32- 08- 18- 212- 002. 000- 016, 32- 08- 210- 002. 000- 016 Represented by: Laura Oakley, CBRE 1 of 4 ADVERTISED PUBLIC HEARING Jenna Wertman gave a presentation related to the Request for signs variance. In it, she explained that this involved properties on the east and west side( phl and ph2). This would be a request to vary from Article 5, specifically the temporary sign sizes. Applicant is seeking to place 4 signs up to 120 feet in size throughout I-74 and Ronald Reagan Parkway. She then proceeded to show visuals of the project requested. Applicant claims this will not impact the public due to the fact that it is not going to block visibility to drivers and mentioned other benefits of these larger signs. She then continued by explaining that staff was supportive of the variance with some recommendations/ conditions as noted in the staff report. Jenna proceeded to offer answers to any questions. Jeff Humphreys asked if these were the only signs the applicant will be asking for of this size. Jenna answered that she wasn' t sure and basically that if they did in fact need more, additional signs would be restricted to what is allowed by the ordinance. Jeff Humphreys also asked if the signs would be pushed back more than they would typically be. Jenna answered yes, they would be because of the width of the actual pavement compared to the width in the right of way. Meeting was turned over to applicant. Andrew Morris came forward to speak on the project and answer questions. He noted that there was nothing, no roads or anything to indicate that development is happening on the site yet and the signs will help provide information on what will be in the logistics park. He explained that their intent is to have smaller signs once interior roads are built. He expressed how helpful this grant was for their business. Brett Scowden arrived at the meeting at approximately 6:25 pm. Jeff Humphreys asked how long it would be until they down grade to smaller signs. Mr. Morris indicated that he did not know an exact timeframe given the current economy. He noted that he would think it would be five years to build out the entire park. Brett Scowden asked staff what the length of time is allowed in the sign code. Ms. Wertman explained that the sign code timeframe relates to so many days before and so many days after an event. Mr. Scowden clarified that the sign code was for temporary signs and not permanent signs. Mr. Scowden asked the applicant where the difficulty was in using the property per the last criteria. The applicant reiterated the issues that might be experienced by someone locating the site with there being no buildings or signs on the site at this time. There were no further questions for the applicant or staff at this time. ADVERTISED PUBLIC HEARING OPENED 6: 35 No members of the public came forward to speak on this request. ADVERTISED PUBLIC HEARING CLOSED 6: 36 Motion: Jeff Humphreys made a motion to APPROVE BZDV- 22- 9 with staff recommendations, seconded by Stacey Risk, motion carried 3 In Favor/ 1 Opposed/ 0 Abstained. 2 of 4 2. BZDV- 22- 10 600 W NORTHFIELD DRIVE SIDE YARD SETBACK A request for a Development Standards Variance from Article 2, § 2. 32 " District Development Standards," to reduce the minimum side yard setback for primary structures from 25' to 0'. Parcel No( s): 32- 07- 03- 227- 013. 000- 026 & 32- 07- 03- 227- 015. 000- 026 Represented by: GINA BOESKOOL/ DAVID MARKS, V3 COMPANIES ADVERTISED PUBLIC HEARING Jodi Dickey gave a presentation explaining that it is a side yard setback for the Kohl's development. She stated the request was made for the west property line. She reviewed the statutory criteria, an overview of the applicant responses, and staff considerations. This generally included that the Board had seen a similar request last year for setbacks, and that the current code did not allow zero foot lot lines in commercial shopping center developments like previous codes did. She noted that no access or impacts to easements would be experienced due to this project. She noted staff was recommending approval. The Board did not have questions of staff. Gina Boeskool came forward to represent the project. There were no questions from the applicant at this time. ADVERTISED PUBLIC HEARING OPENED 6: 40 Carter Huff came forward to ask about the public notice letter and stated that it showed the entire property. Staff explained the map and parcels highlighted and clarified the request. ADVERTISED PUBLIC HEARING CLOSED 6: 45 Motion: Brett Scowden made a motion to APPROVE BZDV- 22- 10 with staff recommendations and the clarification that the variance applies only to the property line between lots 8 and 9, seconded by Jeff Humphreys, motion carried 4 In Favor/ 0 Opposed/ 0 Abstained. 3. BZDV- 22- 11 NW CORNER, N GREEN ST AND CR 700 N ROOF PITCH A request for a Development Standards Variance from Article 5, § 5. 15( B)( 3) " Roof Pitch," to allow a roof design with a pitch less than 5: 12. Parcel No( s): 32- 02- 34- 400- 012. 000- 001, 32- 02- 34- 485- 011. 000- 001, 32- 02- 34- 400- 015. 000- 001 Represented By: Mike Goins, TMG Construction Management ADVERTISED PUBLIC HEARING Jodi Dickey gave a presentation explaining that the request was for reducing the roof pitch. She reviewed the criteria for approval and noted that this request requires a public hearing. She reviewed the site location and project details. She noted that there were other commercial structures in the area without the 5: 12 pitch, the building would be further from roads and closer to the road, and that the architecture is relevant to the branding and franchising. Brett Scowden asked whether this type of roof could be done in other zoning districts. Jodi Dickey noted that it could. The Board had no additional questions for staff. 3 of 4  Michael Goins came forward to represent the project. The Board had no additional questions for the applicant. ADVERTISED PUBLIC HEARING OPENED 6: 52 No one came forward to speak on this request. ADVERTISED PUBLIC HEARING CLOSED 6: 53 Motion: Jeff Humphreys made a motion to APPROVE BZDV- 22- 11, seconded by Stacey Risk, motion carried 4 In Favor/ 0 Opposed/ 0 Abstained. F. COMMUNICATIONS& REPORTS 1. Report From Director Of Development Services Jodi Dickey presented the application deadline calendar for the next year. G. MISCELLANEOUS BUSINESS 1. None H. CITIZENS COMMENTS RELATING TO AGENDA 1. None I. ADJOURNMENT Motion: Brett Scowden made a motion to ADJOURN, motion passed 4 In Favor/ 0 Opposed/ 0 Abstained. 6: 54 P. M. I Marlon ebb, President ATTEST: C, Ad ini trative Assistant 4 of 4