Board of Zoning Appeals

CITY OF HOBART BOARD OF ZONING APPEALS MINUTES OF FEBRUARY 7, 2013 Mr. Dan Waldrop called the meeting to order at 6:03 p.m. with the recitation of the Pledge of Allegiance. Members in attendance: Mr. Dennis Zoladz, Mr. Greg Lollis, Mr. Ron Jackson, Mr. Dan Waldrop and Mr. Stuart Allen. Also in attendance: Mr. Jake Dammarell, Assistant City Engineer; Mr. Carroll Lewis, Interim City Planner/Zoning Administrator and Ms. Joy Respecke, Recording Secretary. Approval of Minutes: Mr. Allen made a motion to approve the minutes of January 3, 2013 as presented, seconded by Mr. Zoladz. All ayes, motion carried. (5-0) Communications/Acceptance of Agenda: Mr. Jackson requested to Table Petitions 12-18 & 12-19 and Petition 13-04. The following was a letter received and read during the meeting from Michael Rupert, Van Art Furniture: January 30, 2013 Re: Request for Special Meeting of the BZA Dear Board Secretary, We respectfully request a special meeting of the BZA to hear our request for a signage variance. We are unable to make the February 7th meeting and waiting until the March meeting could jeopardize our current opening date. Keeping in mind all the legal notices that need to be submitted, we hope the BZA could schedule a special meeting as soon as possible. If you have any questions or need any more information please feel free to contact me at (586) 983-2125. Thank you for your consideration Michael Rupert Corporate Architect C: Michael Zambricki, Vice President & General Counsel Mr. Lollis made a motion to approve the agenda as amended, seconded by Mr. Allen. All ayes, motion carried. (5-0) New Business 1. 12-18 All About Storage/Caroline Yanovic (Petitioner/Owner) 2300 E. State Rd. 130 located 200’ east of the NE corner of St. Rd. 130 & Sullivan St., zoned M-1, 15.44 acres. Request: Tabled; Public Hearing: A petition for a Developmental Standards Variance, Sec. 154.006 (G(5)(a) Purpose: To allow existing barbed wire on top of 6’ chain link fence Approved ___ Denied __ Deferred X Vote ___ Tabled at acceptance of agenda.  2. 12-19 All about Storage/Caroline Yanovic (Petitioner/Owner) 2300 E. State Rd. 130 located 200’ east of the NE corner of St. Rd. 130 & Sullivan St., zoned M-1, 15.44 acres. Request: Tabled; Public Hearing: A petition for Developmental Standards Variance, Sec. 154.358 (G)(2) Purpose: To allow existing gravel in outdoor storage parking area Approved ___ Denied __ Deferred X Vote ___ Tabled at acceptance of agenda. 3. 13-02 David Payne (Owner/Petitioner) 912 Lillian Street located north of the Lillian St. & State Rd 51 intersection, Sec. 154.358 (F), zoned B-1, 0.651 acres. Request: Public Hearing: A petition for a Developmental Standards Variance, Sec. 154.358 (F) Purpose: To allow an existing 45’x55’ asphalt parking lot in the front yard Approved X Denied __ Deferred __ Vote 5-0 David Payne, 912 Lillian Street requested the asphalt parking lot remain in the front yard as he has no rear yard. He noted that he will plant arborvitaes to screen the parking area from the street and upon speaking with his neighbors they have inquired to also use the area to park their vehicles since street parking in not available, only access from the alley. He is also proposing to install a basketball hoop and pole for his children. Mr. Waldrop opened and closed the Public Hearing for Petition 13-02 without public comments. Mr. Lewis recommended that should the Board deny the request and if money and time was an issue, to install a temporary split rail fence to prevent the use of parking vehicles, trailers, etc. He also noted that at the time the petitioner initially inquired about rezoning the property he was informed that he would be required to comply with all residential ordinances. Mr. Allen made a motion to Approve Petition 13-02 contingent upon the installation of arborvitae screening along the parking lot area including all discussion and findings of fact, seconded by Mr. Jackson. Motion carried. Greg Lollis-nay (4-1) 4. 13-03 Lamar Outdoor Advertising/Shawn Pettit (Petitioner/Agent), 4717 E. Lincoln Highway, located approx. 150’ west from the SW corner of Clay St. & US Hwy 30, zoned B-3, 2.725 acres Request: Public Hearing: Conditional Use, Sec. 154.173 2 BZAmin 2/7/13  Purpose: To convert existing static 45’ in height, 2-sided off-premise billboard sign to a proposed 65’ in height, 14’x48’ LED, 2-sided off-premise billboard sign & relocate approx. 50’ west & 13’ north on same parcel. Approved X Denied __ Deferred __ Vote 5-0 Assistant Real Estate Manager Shawn Pettit, Lamar Outdoor Advertising, 1770 W. 41st Avenue, Gary requested, per direction of the property owner, to remove the existing billboard sign from the parking lot and install a proposed 14’x48’ LED 65’ high billboard in the grassy area located to the west and north on the property in order for the property owner to provide future maintenance to the parking lot and/or an addition on his building. He also noted an on-premise sign for the shopping complex to the east obstructs not only the current off-site billboard sign but also the on-site business sign. Mr. Waldrop opened the Public Hearing for Petition 13-03. Ned Pujo, 4717 Lincoln Highway: Mr. Pujo noted that should he sell the property in the future, relocating the proposed billboard would allow for unobstructed maintenance to the existing parking area or for an addition to the building. Mr. Jackson acknowledged a letter received regarding this petition request. Read as follows: January 29, 2013 Advisory Board/Zoning Appeals RE: Petition 13-03 Esteemed Board: Upon receipt of the original petition, I was inclined not to object to the proposed Lamar Sign. With the receipt of the revised petition, I now feel the need to question why the increase in the height of the sign to obtrusive 65’ Does the sign really need to be that tall or can it stay within the parameters of the existing signs? I understand the advanced technology and progression to LED signs, but do not believe the sign requires the proposed 65’ construction. Thank you for your time and consideration to my objection. Respectfully, Clay Parkway LLC Edward A. Kirk, Manager Hearing no further public comments, Mr. Waldrop closed the Public Hearing for Petition 13-03. It was noted that a frontage road exists to the west, but at this time, does not border this property. Discussion ensued regarding the Comprehensive Plan prohibiting additional off-site billboard signs east of Colorado Street along US 30 and whether this is considered a new or replacement sign. Mr. Lewis noted that should the Board approve the proposed request for the relocation and height increase of the sign the Plan Commission will need to determine whether it would impose an impact to the Master Plan. Mr. Allen made a motion to Approve Petition 13-03 contingent upon a favorable recommendation from the Plan Commission that the request has no adverse effect to the Comprehensive Plan, that no portion of 3 BZAmin 2/7/13 the proposed billboard sign encroach closer than 30’ from the existing 100’ right-of-way, is no higher than 60’ at the highest point and that the approval is only for Lamar Outdoor Advertising at this location including all discussion and findings of fact, seconded by Mr. Lollis. All ayes, motion carried. (5-0) 5. 13-04 Van Art Furniture, Inc./Michael Rupert (Petitioner/Agent), 1600 E. 80th Ave., located on the NE corner of Mississippi St. & 80th Ave., zoned PUD, 29+/- acres. Request: Public Hearing: A petition for a Developmental Standards Variance, Sec. 154.379 (G)(1) Purpose: To permit 567 sq. ft. of signage exceeding the allowed 234 sq. ft. by 333 sq. ft. Approved ___ Denied __ Deferred X Vote ___ Tabled at acceptance of agenda. Michael Greeby, Greeby Company, 611 Rockland Road, Ste. 106, Lake Bluff, IL 60044, on behalf of Art Van Furniture requested a special meeting for the BZA to be held prior to the regularly scheduled March 7, 2013 meeting for a developmental standards variance for excess signage. He noted Van Art Furniture followed the procedure requesting in writing a special meeting and was aware of the additional $500.00 filing fee. Mr. Lewis noted that Art Van Furniture was scheduled to appear before the Plan Commission but per the city attorney’s rendering, the petition was filed in error and would need approval from the BZA. Mr. Lollis made a motion to Grant a Special Meeting for the BZA for February 25, 2013 at 6:00 p.m. to be held in the Council Chambers including all discussion, seconded by Mr. Jackson. All ayes, motion carried. (5-0) Staff Consultation/Discussion: The revised Rules of Procedures was presented and signed. The 2012 Annual Report was distributed for review. There being no further comments or discussion Mr. Lollis made a motion to adjourn, seconded by Mr. Allen. All ayes, motion carried. (5-0) Meeting adjourned at 7:00 p.m. _______________________________ ______________________________ Dan Waldrop, Chairman Ron Jackson, Secretary 4 BZAmin 2/7/13