Board of Zoning Appeals

BOARD OF ZONING APPEALS May 26, 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, Jeremy Taylor Members Absent: Richard Sauerman Staff Present: Commission Attorney Joe Irak, Executive Secretary Anthony Schlueter, Recording Secretary Jenni Pause APPROVAL OF MINUTES Chairman Daniel Rohaley asked if there are any corrections, deletions, or modifications to the April 27, 2020 meeting minutes. Nick Nochevich motioned to approve minutes as presented. John Marshall seconded the motion. With 4 Ayes, 0 Nays, and 0 Abstentions, the minutes were approved. OLD BUSINESS 20-07 Nana’s Daycare, Petitioner/John & Judith Wehner, Owner Request: Variance of Use Purpose: Operate a Day Care Location: 1810 & 1 East South Street 20-08 Dave Tokar, Petitioner/John & Judith Wehner, Owner Request: Variance of Use Purpose: Operate a Storage Facility Location: 1810 & 1 East South Street Daniel Rohaley informed the Board that they received communication from their attorney asking to defer the petitions to the next meeting. Executive Secretary Anthony Schlueter informed the Board that he received several calls and emails of remonstration against these petitions. Schlueter reported that he also received a letter from the Prairieview HOA with almost all of the owner’s signatures in remonstration of the petitions. Rohaley entertained a motion. Marshall motioned to defer Petitions #20-07 and Petition # 20-08 for 30 days. Nochevich seconded the motion. With a roll call vote of 4 Ayes, 0 Nays, and 0 Abstentions Petitions #20-07 and # 20-08 were deferred for 30 days. Page 1 of 3 NEW BUSINESS Rohaley stated they could take Petitions # 20-10, # 20-11 & # 20-12 all at the same time. 20-10 1205 & 1209 Main St., LLC, Petitioner/Owner Request: Variance of Development Standards Purpose: Allow a 75’ wide lot when 100’ is required in a B-2 Business District Location: 1205 North Main Street 20-11 AHH Properties, LLC, Petitioner/Owner Request: Variance of Development Standards Purpose: Allow a 75’ wide lot when 100’ is required in a B-2 Business District Location: 1207 North Main Street 20-12 1205 & 1209 Main St., LLC, Petitioner/Owner Request: Variance of Development Standards Purpose: Allow a 75’ wide lot when 100’ is required in a B-2 Business District Location: 1209 North Main Street Schlueter reported on the location, zoning, and history of approvals. Schlueter reported that there have been commercial building successfully constructed on 3 of the 9 lots without any additional variance requests. Schlueter recommended approval. An unidentified man provided an overview of what they would like to put on the lots. Petitioner stated they are not seeking any other variances. Rohaley entertained a motion. Nochevich motioned to approve Petition #20-05 with Staff comments. Marshall seconded the motion. With a roll call vote of 5 Ayes, 0 Nays, and 0 Abstentions Petition #20-05 was approved. Rohaley opened the public portion of the meeting. With no public coming forward, the public portion was closed. Rohaley entertained a motion. Marshall motioned to approve Petitions #20-10, #20-11 & #20-12 as presented by petitioner. Nochevich seconded the motion. With a roll call vote of 4 Ayes, 0 Nays, and 0 Abstentions Petitions #20-10, #20-11 & #20-12 was approved. 20-13 Southlake Family YMCA, Petitioner/Franciscan Alliance, Inc., Owner Request: Variance from Development Standards Purpose: Allow a shipping container to exceed the size allowance for an accessory storage structure in a R-1 Residential District Location: 1450 South Court Street Schlueter reported on the location and proposed shipping container and use. Schlueter recommended the Board only approve this petition if by allowing this container it feels it will enhance the use of the YMCA providing a benefit that is both appealing and enhances the area. Ryan Marovich of DVG came before he Board and provided an overview of the petition. Marovich stated the Page 2 of 3 container will be used to store equipment for exercise classes held by the YMCA. Marovich stated the container will be shielded with landscaping. Russ Posen of DVG came before the Board and provided renderings of different YMCA’s that use this type of container with classes and to store equipment. Posen detailed the proposed site plan. Jay Buckmaster came before the Board as a representative of the YMCA and stated they like to call this an outdoor fitness studio rather than a storage container. Buckmaster stated they feel this provides a flexible workout space. Marovich reported on the Finding of Facts. Rohaley asked if there is a hill to the north. Posen stated there will be a large berm installed. Rohaley asked Marovich to verify that this is a trend across the country at YMCA’s. Marovich confirmed. Rohaley asked if there are restrooms in the container. Marovich stated there will be no plumbing. Rohaley asked Marovich to verify the container will be used mostly for storage of equipment. Buckmaster stated it will also be used for fitness testing. Rohaley opened the public portion of the meeting. With no public coming forward, the public portion was closed. Rohaley motioned to approve Petitions #20-13 subject to Staff comments, installation of the arbor vitae as well as the fence all the way around. Marshall seconded the motion. With a roll call vote of 4 Ayes, 0 Nays, and 0 Abstentions Petitions #20-13 was approved. MISCELLANEOUS AND PUBLIC COMMENT No PUblic No Misc. ADJOURNMENT At 7:32 pm, Rohaley entertained a motion to adjourn. Nochevich motioned to adjourn; motion was seconded by Marshall 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 3 of 3