Board of Zoning Appeals

CITY OF HOBART BOARD OF ZONING APPEALS MINUTES OF MARCH 7, 2013 Mr. Dan Waldrop called the meeting to order at 6:00 p.m. followed by the Pledge of Allegiance. Mayor Snedecor publically introduced the newly hired full-time on-site City Engineer, Mr. Phil Gralik, and acknowledged his extensive qualifications. He also noted that Mr. Dammarell will continue to collaborate with Mr. Gralik during the transition period. Members in attendance: Mr. Dennis Zoladz, Mr. Greg Lollis, Mr. Ron Jackson and Mr. Dan Waldrop. Member absent: Mr. Stuart Allen. Also in attendance: Mr. Phil Gralik, City Engineer; Mr. Carroll Lewis, Interim City Planner/Zoning Administration; Mr. Jake Dammarell, BF&S and Ms. Joy Respecke, Recording Secretary. Approval of Minutes: Mr. Lollis made a motion to approve the minutes of the regular meeting of February 7, 2013 & the Special Meeting of February 25, 2013 as presented, seconded by Mr. Jackson. All ayes, motion carried. (4-0) Communications/Acceptance of Agenda: Mr. Jackson read a letter pertaining to Petitions 12-18 & 12-19. Read as follows: The Duneland Group applied for permits for the Army Corp of engineers to relocate the ditch located on our property. They have not received the permits yet in order to complete their revised site plan. Can we please defer the meeting for one more month? Thank you, Caroline Yanovic The Board expressed their concerns as to whether these petitions should remain on table. Although they are aware that a site plan petition appearing before the Plan Commission was associated to Petition 12-19, it was felt Petition 12-18 should be heard. It was decided to Table Petitions 12-18 & 12-19 another month and that the Petitioner be contacted to appear at next month’s meeting. Mr. Lollis made a motion to approve the agenda as amended, seconded by Mr. Jackson. All ayes, motion carried. (4-0) New Business 1. 12-18 All About Storage/Caroline Yanovic (Petitioner/Owner) 2300 E. State Rd. 130 located 200’ east from 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 from 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. 13-05 James Carter (Petitioner/Owner) 1629 S. Lake Park Ave., located approx. 200’ SE from the Lake Park Ave. & Bracken Rd. intersection, zoned R-2, 0.84 acres Request: Public Hearing: A petition for a Developmental Standards Variance, Sec. 154.006 (F)(7) Purpose: To exceed the permitted 864 sq. ft. allowed for accessory structures by 912 sq. ft. to permit a 30’x40’ pole barn style structure Approved X Denied __ Deferred __ Vote 4-0 James Carter, 1629 So. Lake Park Avenue requested to construct a vinyl sided, 12’6”shingled roof 30’x40’ accessory structure to aesthetically match his house. Mr. Waldrop opened the Public Hearing for Petition 13-05. Charlotte Barber, 1640 Redbud Drive: Ms. Barber stated she resides to the rear of Mr. Carter’s property and was opposed to the petition. She stated she was informed the intended use of the proposed structure was to operate as an oil changing facility for trucks. Angela Williamson, 1650 Redbud Drive: Ms. Williamson inquired as to the use of the proposed structure and added noise. Hearing no further comments from the public, Mr. Waldrop closed the Public Hearing for Petition 13-05. Mr. Lollis noted that he was opposed to accessory structures constructed larger than the primary structures. Mr. Carter noted the proposed structure is intended for his own personal use to house his classic cars, boat and snowmobiles. He has no intension to run a business from the structure. The overhead doors will face the rear yard with windows facing to Lake Park Avenue. Landscaping is also proposed. Mr. Jackson made a motion to Approve Petition 13-05 including all discussion and findings of fact, seconded by Mr. Zoladz. Motion carried (3-1) Roll call was taken. Mr. Zoladz-aye; Mr. Waldrop-aye; Mr. Jackson-aye and Mr. Lollis-nay. 2 BZAmin 3/7/13  4. 13-06 Jon Stolarz (Petitioner/Owner) 9250 E. Ridge Road, located approx. 1/8 mile west from the NW corner of Ridge Rd. & County Line Rd. zoned R-1, 1 acre +/- Request: Public Hearing: Variance of Use; Sec. 154.007 (Definitions-Kennels) Purpose: To allow the operation of a kennel/dog training facility Favorable ___ Unfavorable X Deferred __ Vote 4-0 Amy Gadberry, 9250 East Ridge Road requested to operate a kennel for breeding of British Imported Labradors with a dog training facility for duck hunting. The parent dogs will be brought on site in the spring and fall for breeding purposes and will be returned to the foster homes once the puppies are weaned. Proposed will be two litters of approximately six puppies per litter each spring and fall. The puppies are trained and will be adopted out before 6 months old. Mr. Waldrop opened the Public Hearing for Petition 13-06. Jennifer Johnson, Johnson Farm Produce, 8950 E. Ridge Rd.: Ms. Johnson was opposed to the request and stated they also own rental property which is located between the produce center and the petitioner. She expressed her concerns that the petitioner’s dogs have been found running loose in the produce center and that the children of the tenant who occupies the rental property are afraid to get off the school bus if the dogs are in the yard since they removed fence. She also expressed concerns for the safety of their customers that pick raspberries which are located 10’ away from the petitioner’s property. Darren Chmlik, 9255 E. Ridge Rd.: Mr. Chmlik stated he was neither against nor in favor of the request, but expressed his concern for the wellbeing of the puppies during hot summers, cold winters and the containment in cages. Also he requested the property to be maintained so it won’t be a detriment to property values. Mr. Jackson noted letters were received regarding the petition. They were read as follows: To whom this may concern, I have known Jon Stolarz for quite a while now. For the last several months I have been a foster for one of his dogs. I have been very impressed with his professionalism and the breeding of the dog I foster for him. From what I can tell he treats his animals with the utmost respect and places them in only the best of homes. I am highly impressed with the quality of his animals and his integrity and finding them perfect foster families. I am a long time Hobart Indiana resident and would love to see him open a kennel here in town. Crystal Marks Green Hobart In. 2/13/2013 To whom it may concern. Jon Stolarz has been in the dog Breeding and Training business for a long time. To my knowledge Jon has built a solid reputation and a proven method for breeding and training quality dogs for both hunting, as well as working/service. He is very knowledgeable on how to properly care for and maintain a quality 3 BZAmin 3/7/13 and successful Breeding/Training Program. Midwest K9 has a quality reputation in this industry and Jon continues to maintain both a quality and revered breeding/training program. Any questions or concerns feel free to contact me. Thank you Brian Klein Owner/Head Guide Klein Outdoors www.kleinsoutdooradventures .com Michael Keller Muskego, WI 53150 February 14, 2013 To whom it may concern: It is with great pleasure that I recommend Jon Stolarz. I have known him for a little over a year now. Jon has always displayed a high degree of integrity, responsibility, and ambition, in all of our business dealings. He is definitely a leader rather than a follower. In addition to his excellent industry accomplishments, he has proven his leadership ability by organizing outreach programs within the community to help shelter and foster many “rescue” animals. He is also a dependable team player. His good judgment and mature outlook ensure a logical and practical approach to his endeavors. Jon would be an asset to any organization, and I am happy to give him my wholehearted endorsement. Sincerely, Michael Keller W133s6440 Saroyan Ct. Muskego Wi, 53150 Hearing no further public comments or concerns Mr. Waldrop closed the Public Hearing for Petition 13- 06. Ms. Gadberry responded by saying the dogs that were running loose were from a rescue shelter where she was employed and that she no longer works there nor has the dogs, but does own two (2) boxers. She stated she was unaware of the issues with her personal dogs and the children next door and will address it. The puppies will be born in the basement and housed in a building with 4’x8’ kennels with automatic feeders & water, a drainage system and a doggy doolie septic system designed specifically for animal waste. A 6’ privacy fence will also be installed in the rear yard. She stated they only house the puppies on site and the dog training will be conducted off site at the Deep River Park which not only allows for a larger training area but also provides a duck hunting environment of woods and water. She noted another letter was received. It was read as follows: To Whom It May Concern: This letter in regards to a petition request for a Variance of Use to allow the operation of a kennel/dog training facility at 9250 E. Ridge Road, Hobart by Jon Stolarz. My home is directly next door to 9250 E. Ridge Rd. and I have no objection to the dog training facility that is being proposed. I have seen Jon working with dogs and he does a good job at training the animals and being next door will not bother me at all. Thank you. Barbara A. Remus 4 BZAmin 3/7/13 It was discussed that conditions could be placed on the request should the Board approve this petition. Mr. Lewis noted the Noise Ordinance would also be enforced. Mr. Lollis made a motion to Deny and forwarded an Unfavorable Recommendation to the Common Council for Petition 13-06 including all discussion and findings of fact, seconded by Mr. Zoladz. All ayes, motion carried. (4-0) 5. 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: Conditional Use, Sec. 154.173 Purpose: To amend approved prior motion of that no portion of 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. Approved (Amended) X Denied __ Deferred __ Vote 4-0 Present was Sydney Dawson, Lamar Outdoor Advertising, 1770 W. 41st Avenue, Gary. At last month’s meeting the motion was made to approve Petition 13-03 contingent upon that no portion of the proposed billboard sign shall encroach closer than 30’ from the existing 100’ right-of-way. The frontage road was later found to measure 40’ and not 30’ as originally thought. Mr. Lollis made a motion to Amend the original motion for Petition 13-03 to include no portion of the billboard will encroach closer than 40’ 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, seconded by Mr. Jackson. All ayes, motion carried. (4-0) Staff Consultation/Discussion: None There being no further comments or discussion, Mr. Jackson made a motion to adjourn, seconded by Mr. Lollis. All ayes, motion carried. (4-0) Meeting adjourned at 6:45 p.m. _______________________________ ______________________________ Dan Waldrop, Chairman Ron Jackson, Secretary 5 BZAmin 3/7/13