Board of Zoning Appeals

BOARD OF ZONING APPEALS January 27, 2020 MEETING ROLL CALL The meeting was called to order at 7:00 p.m. and the assemblage was invited to stand and recite the Pledge of Allegiance. Members Present: Chairman Daniel Rohaley, Vice Chairman Nick Nochevich, John Marshall, Richard Sauerman Members Absent: Jeremy Taylor Staff Present: Commission Attorney Joe Irak, Executive Secretary Anthony Schlueter, Recording Secretary Jenni Pause Daniel Rohaley informed the Board and the public that Jeremy Taylor will be taking Alda Vellutini’s place on the Board, Vellutini has decided to retire. Rohaley informed the petitioners that since the Board was short one member if they would like to defer to next month they would be allowed to do so. APPROVAL OF MINUTES Chairman Daniel Rohaley asked if there are any corrections, deletions, or modifications to the September 23, 2019 meeting minutes. Dick Sauerman motioned to approve minutes as presented. Nick Nochevich seconded the motion. With 3 Ayes, 0 Nays, and 0 Abstentions, the minutes were approved. Board of Zoning Appeals Officer Elections took place Nick Nochevich nominated Daniel Rohaley as President; Dick Sauerman seconded the nomination. With no other nominations, John Marshall motioned to close nominations, Sauerman seconded the motion and the nominations were closed. A roll call vote was taken, by a vote of 4 Yeas, 0 Nays, 0 Abstentions, Daniel Rohaley was elected as the President. John Marshall nominated Nick Nochevich as Vice Chairman, Sauerman seconded the nomination. With no other nominations, Marshall motioned to close nominations, Sauerman seconded the motion and the nominations were closed. A roll call vote was taken, by a vote of 4 Yeas, 0 Nays, 0 Abstentions, Nick Nochevich was elected as the Vice Chairman. Nochevich nominated Anthony Schlueter as Executive Secretary, Sauerman seconded the nomination. With no other nominations, Marshall motioned to close nominations, Nochevich seconded the motion and the nominations were closed. A roll call vote was taken, by a vote of 4 Yeas, 0 Nays, 0 Abstentions, Anthony Schlueter was elected as the Executive Secretary. OLD BUSINESS None Page 1 of 6 NEW BUSINESS 20-01 Celtic Hills, Petitioner/Owner Request: Variance from Development Standards Purpose: Allow the parking lot to encroach the front setback in a B-3 Business District Location: 11275 Delaware Parkway Doug Rettig of DVG, 1155 Troutwine came before the Board and provided an overview of the petition. Rettig stated due to the success of Dr. Mullaly’s practice there is a need for more parking. Rettig provided the Board with a rendering of the proposed parking. Rettig stated the building was built with the required amount of parking but it is a busy office and they require more parking now. Dr. Tim Mullaly, 11275 Delaware Pkwy, came before the Board and voiced his concern for the safety of his staff and patients with the current parking which is quite cumbersome. Mullaly stated they are trying to accommodate the needs of their growing community. Rettig stated this site is complicated because the property is on a corner lot, so they lose a lot of the useable square footage because of the two front setbacks. Rettig stated the intention is to encroach 18’ into the 35’ setback to allow for an additional row of parking which will allow for 14 additional spaces. Rettig reported on the Finding of Facts. Rettig stated the petitioner is willing to install additional screening if requested. Executive Secretary Anthony Schlueter reported on the location, zoning and surrounding properties. Schlueter reported that the petitioner intends to encroach the front setback by 18’ and the drainage & utility easement by 13’. Schlueter reported that the Utility Dept. has verified that all the existing utilities are located outside of the proposed parking area. Schlueter stated any approval should be subject to a written agreement stating that if maintenance is required within the easement, the city or any utility company performing the maintenance would not be responsible for damages to the parking lot. Rohaley stated he would like to see screening installed along the front to shield the headlights and the vehicles. Rettig stated the petitioner is fine with that. Nochevich agreed with Rohaley on the screening. Nochevich agrees that the office needs more parking. Marshall asked for clarification on the encroachment. Rettig stated there are two different line; they will be encroaching the 35’ front setback by 18’ and they will be encroaching the 30’ utility easement by 13’. Marshall stated he would be in the favor of this petition. Sauerman asked Schlueter if the city is looking at reviewing and/or revising the parking requirements. Rohaley stated he believes the folks that are doing the code review have had conversations regarding the parking requirements and it is something maybe they should look at it a little harder. Schlueter stated it could be looked at. Rohaley opened the public portion of the meeting. Schlueter read a letter from Larry Geisen in favor of the petition. Geisen owns the building closest to the petitioners building. With no other public coming forward, Rohaley closed the public portion of the meeting. Page 2 of 6 Rohaley asked Rettig to verify that the parking lot would not restrain any drainage. Re4ttig confirmed it will not. Rohaley entertained a motion. Marshall motioned to approve Petition #20-01 with Staff comments, the addition of the screening in the front of the parking lot as well as the written agreement waiving the liability of the city in the event it is necessary to perform any work in the easement. Rohaley recommended having the Tree Board look at the screening. Schlueter stated he will bring it to the Tree Board for recommendation. Sauerman seconded the motion. With a roll call vote of 4 Ayes, 0 Nays, and 0 Abstentions Petition #20-01 was approved. 20-02 Larry Jackman, Petitioner/Owner Request: Variance of Use Purpose: Allow an Automobile Sales, Service & Repair with a Storage Lot Location: 116 North Indiana Avenue Kris Helsel, 116 N. Indiana, came before the Board as a representative for the petitioner and provided an overview of the petition. Helsel stated they have purchased the abandoned railroad behind their business and would like to use that as a storage lot. Helsel reported on the Finding of Facts. Helsel stated they have cleared the area of the abandoned railroad and made some much-needed improvements. Rohaley asked Helsel to verify that there is a storage component with this. Helsel confirmed they need a storage area for cars waiting for titles, transportation or repair. Rohaley asked if it is the entire portion of the real estate or just a portion. Helsel stated it is the back half. Rohaley informed Helsel he will need provide a description for the area they intend to use as storage. Rohaley asked if the variance is just for that section. Helsel stated the variance will be for all the abandoned railroad property. Rohaley asked what their plans for screening are. Helsel stated they have no plans for screening. Rohaley asked Helsel if they have investigated other parcels in the city zoned industrial. Helsel stated they have not. Rohaley stated there are plenty of industrial sites available that would be appropriate for this type of business. Helsel stated they like the location they are at and are the city’s oldest car dealership. Helsel stated in 1997 they received the variance for the car lot, service and repair and they are now just looking to add the storage. Schlueter reported on the location, zoning and history of approvals. Schlueter asked Helsel to verify that repossession will be part of their business. Helsel confirmed. Schlueter asked Helsel to verify that they are not a typical towing company and that they will not be towing wrecked vehicles back to the storage lot. Helsel confirmed they are not a towing company. Schlueter recommended any approval be subject to opaque or solid fencing around the property to provide adequate screening to any future development around the property. Rohaley asked Schlueter to verify that the screening would need to be to the north and the east. Schlueter stated the storage area would all need to be screened. Schlueter asked Helsel if the gravel area will go all the way to Indiana. Helsel stated it will not. Staff, Board and Helsel discussed the area that would be used for storage. Rohaley informed Helsel that they will need to get a legal description of what portion of the property will be used as storage. Helsel stated he has a legal description and asked Rohaley to verify that he will need a legal description breaking up the property into two pieces. Rohaley confirmed. Sauerman asked Helsel who he is representing. Helsel stated the owner, Larry Jackman, is his grandfather. Sauerman asked Helsel if he is the trustee. Helsel stated he is a beneficiary; his mother is the trustee. Page 3 of 6 Sauerman asked Helsel what he meant by the statement that they would “improve the view.” Helsel stated they made improvements on the property by cleaning up the abandoned railroad property that had been left unattended for years. Helsel stated they have received compliments on the improvements. Sauerman asked when they made the purchase of the railroad property. Helsel stated they bought it in 2018. Sauerman agreed with Rohaley that there are other industrial properties in the city that would mee their needs. Marshall asked Schlueter about the initial approval in 1997 because he does not see repair and service included on the letter. Schlueter reported that it falls under automobile sales, service & repair because that is how it is listed in the code. Marshall stated in the letter it stated they only do detailing of cars there was no mention of service & repair. Marshall asked Helsel if they make repairs on cars. Helsel confirmed that they do make repairs on the cars they get in. Marshall asked if they repo just their own cars or are they in the repo business for banks and other people. Helsel stated he use to repo for a company, but he no longer does; they only repo their own cars now. Marshall asked if they are subleasing the lot. Helsel stated they are not it is for their use only. Marshall asked where all the cars come from. Helsel stated they get imported in from online sales and auctions. Helsel stated the cars sit in the back lot until they can work on them and get them ready for the car lot. Marshall asked how many cars they will have in rotation. Helsel stated about 15-20 cars at all times. Helsel stated they rotate quickly, and the cars will not sit back there for years. Nochevich asked Helsel to verify that they have no plans for screening. Helsel confirmed. Nochevich asked if they would be ok if the approval was subject to screening. Helsel stated he guessed they could if required but stated the property across the street does not have a screen across it. Nochevich stated he understands that the business is expanding, and the need has arisen for storage, but the Board needs to make sure the are keeps a certain look for the business sake as well as the residents and city. Rohaley opened the public portion of the meeting. Scott Golinski and Ashley Jewart, 904 E. Clark St., came before the Board in favor of the petition. Golinski stated the petitioner has improved the property greatly and are great neighbors. Golinski stated their property will be the one most affected by this property. Jewart stated the petitioner has done a great job cleaning up the lot and would be in favor of the petition. Golinski stated they petitioner has an established business and should be allowed to use their property so that they do not have to relocate. With no other public coming forward, Rohaley closed the public portion of the meeting. Marshall asked how much of the yard will be for storing RV’s and boats and how much will be used for a holding area for the cars they are processing. Helsel stated it will be about 25% storage lot and 75% for what the car lot requires. Marshall stated every storage lot in the city has been required to properly screen the lot. Helsel agreed to the screening. Rohaley asked the petitioner if he has a landscape and/or screening plan. Helsel stated he does not but he can develop one. Rohaley informed the petitioner if they were not asking for the storage lot the Board would not be asking for screening. Rohaley recommended a deferral to allow time to come up with a screening plan and estimates for such. Rohaley entertained a motion. Sauerman motioned to defer Petition #20-02 to allow the petitioner time to receive estimates for the fencing/screening and to obtain the legal description of the storage yard. Nochevich seconded the motion. With a roll call vote of 4 Ayes, 0 Nays, and 0 Abstentions Petition #20-02 was deferred to the February meeting. Page 4 of 6 20-03 Megon Ganzveld, Petitioner/Auto Design Collision Center, Inc., Owner Request: Variance of Use Purpose: Allow a Single-Family Dwelling in an I-1 Industrial District Location: 605 East Monitor Street Megan Ganzveld and Mike Graniczny, Sublime Real Estate, 9421 Joliet St., St. John, IN, came before the Board and provided an overview of the petition. Ganzveld stated she would like to build a single-family home on this property. Graniczny reported on the Finding of Facts. Schlueter reported on the location, zoning, surrounding property and history of approvals. Schlueter reported he would like to see the whole block changed back to residential since most of the block is residential homes already. Schlueter stated his plan is to visit the landowners and see if they cannot get that changed back to residential. Schlueter recommended a favorable recommendation. Nochevich asked Schlueter if any letters or call s of remonstrations were received. Schlueter stated there none. Marshall asked Schlueter when the area was rezoned. Schlueter stated 1981. Marshall asked when the other houses were built because they looked newer than ’81. Schlueter stated he did not know but thought they looked newer as well. Marshall stated he would be in favor of this petition. Sauerman asked Schlueter to verify that the city would like to see this whole block changed back to residential. Schlueter confirmed. Sauerman asked what the process was. Schlueter explained the process. Sauerman stated if someone gets a variance of use other than residential and tries to get a mortgage it would not be sellable in the secondary market. Sauerman recommended it should be changed to residential for the best of the residents and the city. Rohaley opened the public portion of the meeting. With no public coming forward, Rohaley closed the public portion of the meeting. Rohaley entertained a motion. Marshall motioned to send a Favorable Recommendation to the City Council for Petition #20-03 with Staff comments. Sauerman seconded the motion. With a roll call vote of 4 Ayes, 0 Nays, and 0 Abstentions Petition #20-03 received a Favorable Recommendation Rohaley informed the petitioner they would need to be present at the City Council meeting on February 3. MISCELLANEOUS AND PUBLIC COMMENT No Public. No Misc. ADJOURNMENT At 8:04 pm, Rohaley entertained a motion to adjourn. Nochevich motioned to adjourn; motion was seconded by Marshall. Page 5 of 6 ATTESTMENT OF MEETING MINUTES. The above minutes were approved and adopted by majority on the _______day of ___________ 2020. ___________________________________ ___________________________________ Daniel Rohaley, Chairman Anthony Schlueter, Executive Secretary Page 6 of 6