Board of Zoning Appeals

BOARD OF ZONING APPEALS December 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 November 23, 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 20-28 Neises Construction Corp., Petitioner / Robert Neises, Owner Request: Special Use Purpose: Allow an off-site parking lot Location: 1185 Erie Court Brian Neise, 1185 Erie Ct, came before the Board provided an overview of the petition. Executive Secretary Anthony Schlueter reported on the location, zoning, and surrounding properties. Schlueter reported on the access, fencing and gated exited. Schlueter reported that the site does meet all the required setbacks and recommended approval to the City Council. Nick Nochevich asked Neises if they are going to use the whole lot for additional parking. Neises confirmed they will use the whole lot for parking and storage. Schlueter asked Neises to verify that this lot will be used the same as their existing lot to the south. Neises confirmed. Nochevich asked Neises to verify that there will be fencing around the whole lot. Neises confirmed. John Marshall stated he is Neises’ neighbor and has no issues with the petition. Page 1 of 3 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. John Marshall motioned to approve Petition #20-28 as presented subject to Staff comments. Dick Sauerman seconded the motion. With a roll call vote of 5 Ayes, 0 Nays, and 0 Abstentions Petition #20-28 was approved. 20-29 Neises Construction Corp., Petitioner / Robert Neises, Owner Request: Variance from Development Standards Purpose: Allow parking lot to be gravel Location: 1185 Erie Court Brian Neises, 1185 Erie Ct, came before the Board provided an overview of the petition. Schlueter reported on the location and zoning. Schlueter reported parking lots in this area not accessible to the public may be gravel with approval. Schlueter reported the city would need to approve the type and color of the gravel if allowed. Schlueter recommended approval of the gravel subject to Engineering approval of the gravel and grading plan. Nochevich asked Neises if he is willing to do as Engineering requires. Neises agreed. 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. Nochevich motioned to approve Petition #20-29 as presented subject to Staff comments. Marshall seconded the motion. With a roll call vote of 5 Ayes, 0 Nays, and 0 Abstentions Petition #20-29 was approved. 20-30 Tim Heidbreder, Petitioner / Indiana Street Storage, LLC, Owner Request: Variance from Development Standards Purpose: Setback Encroachment Location: 795 East Porter Street Tim Heidbreder came before the Board as a representative of the petitioner and provided an overview of the petition. Heidbreder stated they are requesting a 10’ side yard setback on the west side of the proposed building. Rohaley asked Heidbreder what his hardship is. Heidbreder stated his hardship is it is a narrow lot. Rohaley asked Heidbreder if he does not see this as trying to put 10lb of peanuts in a 5lb bag. Heidbreder stated they need the setback to get a 60’ building in and be able to install the required landscaping. Schlueter reported on the location and proposed design. Schlueter reported the Planning Dept. does not feel this encroachment will have any negative affect on the surrounding properties and recommended approval. Rohaley opened the public portion of the meeting. With no public coming forward the public portion of the meeting was closed. Page 2 of 3 Rohaley entertained a motion. Nochevich motioned to approve Petition #20-30 as presented subject to Staff comments. Taylor seconded the motion. With a roll call vote of 5 Ayes, 0 Nays, and 0 Abstentions Petition #20- 30 was approved. MISCELLANEOUS AND PUBLIC COMMENT No Public Rohaley entertained a motion to approve the 2021 meeting dates. Marshall motioned to approve the 2021 meeting dates. Nochevich seconded the motion. With a roll call vote of 5 Ayes, 0 Nays, and 0 Abstentions the 2021 meeting dates were approved. ADJOURNMENT At 7:22 pm, Rohaley entertained a motion to adjourn. Marshall motioned to adjourn; motion was seconded by Nochevich. ATTESTMENT OF MEETING MINUTES. The above minutes were approved and adopted by majority on the _______day of ___________ 2021. ___________________________________ ___________________________________ Daniel Rohaley, Chairman Anthony Schlueter, Executive Secretary Page 3 of 3