Board of Zoning Appeals

BOARD OF ZONING APPEALS September 28, 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, Richard Sauerman Members Absent: None 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 September 8th, 2020 meeting minutes. Dick Sauerman motioned to approve minutes. John Marshall seconded the motion. With 5 Ayes, 0 Nays, and 0 Abstentions, the minutes were approved as presented. OLD BUSINESS None NEW BUSINESS 20-23 Legacy Sign Group, Petitioner/Crown Point MOB, LLC, Owner Request: Variance from Development Standards Purpose: Allow on building sign to exceed the square foot allowance Location: 500 East 109th Avenue Ben Johansen, of Legacy Sign Group, came before the Board and provide an overview of the petition. Johansen detailed all the proposed signs as well as their dimensions and the direction they will face. Johansen reported on the Finding of Facts. Schlueter reported on the location and the history of the property and approvals received for the property. Schlueter reported on the square footage of the building and the setbacks for the building. Schlueter reported the petition was properly advertised and the Planning Dept. has not received any letters of support or remonstration. Schlueter recommended approval of the petition. Marshall stated he feels the size of the signs are appropriate for the size of the building. Nochevich agreed with Marshall. Page 1 of 4 Rohaley opened the public portion of the meeting. With no public coming forward, the public portion of the meeting was closed. Rohaley entertained a motion. Sauerman motioned to approve Petition #20-23 as presented subject to Staff comments. Nochevich seconded the motion. With a roll call vote of 5 Ayes, 0 Nays, and 0 Abstentions Petition #20-23 was approved. 20-24 DVG Tam, Inc., Petitioner/A & A Enterprises, LLC, Owner Request: Variance from Development Standards Purpose: Setback Encroachment Location: 1010 East Summit Street Russ Pozen, of DVG, 1155 Troutwine Rd., came before the Board and provided an overview of the petition. Pozen introduced the gentleman from C & S Concrete, also A & A Enterprises, Andy Crepeau and Ashton Roberts. Crepeua provided an overview of their company as well as jobs they have worked on in Crown Point. Pozen detailed the setbacks they are requesting. Rohaley asked Pozen if they are looking for 4 variances. Pozen originally stated they are only looking for 2 variances but after Rohaley brought up 2 other variances Pozen confirmed they are looking for 4 variances total. Pozen reported on the Finding of Facts. Rohaley stated he understands the side yard setbacks but asked Pozen why they cannot move everything north so that the variance for the parking lot and trash enclosure is not needed. Pozen stated they need all the surface area for storage, materials, and room for maneuverability for the semis. Nochevich asked the petitioner to verify that all the area that Rohaley referred to will be filled with materials required for the work C & S performs. Pozen confirmed. Marshall stated he feels this business fits the location and does not have an issue with the petition. Sauerman asked the petitioner to explain why they need all the extra room in the back. Crepeau stated they need the room for storage of trailers and materials for jobs. Sauerman asked if the petitioner already owns the property. Pozen confirmed they do Rohaley stated he does not see the hardship because the lot is so deep. Rohaley opened the public portion of the meeting. Corey Liss came before the Board and voiced his concern with a natural swale between this property and his. Liss stated he just wants to make sure there is not a water problem created by the development of this property. Pozen stated all Engineering will be done and the water will not negatively affect Liss’s property. With no other public coming forward, Rohaley closed the public portion of the meeting. Rohaley entertained a motion. Taylor motioned to approve Petition #20-24 as presented. Marshall seconded the motion. With a roll call vote of 3 Ayes, 2 Nays, and 0 Abstentions Petition #20-24 was approved Page 2 of 4 20-25 John Price, Petitioner/Cross property Management, Owner Request: Special use Purpose: Ambulatory Outpatient Surgery Center Location: 11051 Broadway Suite B Schlueter informed the Board that the petition needs to be deferred du to being improperly advertised. Rohaley entertained a motion. Marshall motioned to defer Petition #20-25. Taylor seconded the motion. With a roll call vote of 5 Ayes, 0 Nays, and 0 Abstentions Petitions #20-21 was deferred for 30 days. MISCELLANEOUS AND PUBLIC COMMENT No Public Marshall voiced his concern with the location of the fence at Off Square Brewery. Schlueter stated he is not aware of any fence. Marshall informed Schlueter he needs to go look at it, it is very close to the road and does not allow for a sidewalk to be installed. Marshall stated the fence is less than 5’ from the road and he knows that Schlueter would not allow the fence without BZA approval. Schlueter stated he will go take a look at it. Sauerman voiced his concern with not receiving the Finding of facts with the petition information. Schlueter stated he does request them. Schlueter stated if the Board would like to make them required in writing before the meeting, he can make that happen. Sauerman stated the Board wants to know and hear the Finding of Facts before they make a motion. Sauerman stated maybe they should be a requirement. Irak stated sometimes they do not make sense. Schlueter stated in his opinion it is the petitioner’s job to present their petition and the Board to determine whether the findings have been proved. Irak stated the petitioner would have to provide the facts though. Irak stated some of the findings are hard to come up with sometimes even for attorneys. The Staff and Board discussed the finding of facts and how they are presented or should be. Sauerman asked Schlueter how he makes recommendations on petitions without the finding of facts especially if they change them like one did a few months ago. Schlueter stated if they want the findings ahead of time, he can make them a requirement. Irak stated it is the Boards job to make a determination on petitions. Nochevich stated maybe Schlueter could stress to the petitioners the importance of the finding of facts as they will make or break a decision for the Board. Irak stated there is no question from the letter they receive that the information is required. Marshall stated the Board could take a look at the letter and see if there is anything, they want to change to make things more efficient. Sauerman asked where the arborvitaes are at Ultimate Auto Sales on Indiana Ave. Rohaley asked where the screening is. Schlueter stated he has numerous conversations with that petitioner. Schlueter stated they installed the screening and two weeks later it blew away. Schlueter stated the petitioner has two options screen it like he said he was going to or come back before the Board for another conditional approval. Schlueter stated he does not know how that is possible because it is required. Sauerman stated there were two conditions for that approval, one was the fence and two was the installation of arborvitaes. Schlueter stated now he needs to provide the screening and the arborvitaes. Rohaley voiced his concern that the petitioner pulled the financial card stating they could not afford tp pave the front lot and now the are renovating the front. Schlueter stated they are not renovating they are fixing damage done to the building accidently by a city employee. Page 3 of 4 Marshall asked Irak the conditions of the approval can be enforced. Irak stated if he is not compliant the legal department can take action to enforce the conditions. Schlueter stated if the petitioner is not before the Board next month, he will be facing fines. ADJOURNMENT At 7:58 pm, Rohaley entertained a motion to adjourn. Marshall motioned to adjourn; motion was seconded by Sauerman. 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 4 of 4