Board of Zoning Appeals

CITY OF HOBART BOARD OF ZONING APPEALS MINUTES OF MAY 2, 2013 Mr. Dan Waldrop called the meeting to order at 6:00 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. Phil Gralik, P.E., 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 the March 7, 2013 meeting as presented, seconded by Mr. Lollis. All ayes, motion carried. (5-0) Communications/Acceptance of Agenda: Mr. Jackson made a motion to approve the agenda as presented, 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 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 X Deferred __ Vote 5-0 Ms. Yanovic, 2300 E. State Road 130 noted they received notice that the existing three rows of barbed wire installed atop the 6’ chain link fence was not allowed and must be removed. She requested the existing the barbed wire to remain. Mr. Waldrop opened and closed the Public Hearing for Petition 12-18 without public input. Ms. Yanovic mentioned that upon applying for the fence permit, the barbed wire was shown on the site plan and thought it was included. Noted was that the property also has security cameras installed. Discussion ensued regarding existing barbed wire located on other properties, but was noted it was legal nonconforming as it was installed prior to the 1992 ordinance prohibiting barbed wire. Mr. Lollis made a motion to Deny Petition 12-18 including all discussion and findings of fact, seconded by Mr. Zoladz. All ayes, motion carried. (5-0)  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 X Denied __ Deferred __ Vote 5-0 Ms. Yanovic noted they also received notice prohibiting the existing gravel in the outdoor storage area and requested it to remain as the original approved site plan indicated the gravel area. Mr. Waldrop opened and closed the Public Hearing for Petition 12-19 without public input. Mr. Allen made a motion to Approve Petition 12-19 including all discussion and findings of fact, seconded by Mr. Jackson. All ayes, motion carried. (5-0) 3. 13-07 Penny Adams/Geminus Corp. (Petitioner/Agent) 2520 W. Old Ridge Road, located 1,000’ east from the NE corner of Hansen Blvd. & Old Ridge Road, zoned R-2, 0.6 acres +/-. Request: Public Hearing: A petition for a Conditional Use, Res. 2012-04 Purpose: To allow the operation of an existing daycare facility. Approved X Denied __ Deferred __ Vote 5-0 During the April 4, 2013 Plan Commission meeting Mr. Liss motioned for a Favorable Recommendation to the BZA for Petition 13-07 as it has no impact to the Comprehensive Plan including all discussion and findings of fact, seconded by Mr. Ehrhardt. All ayes, motion carried. (8- 0) Penny Adams, General Services Manager, Geminus Corp., 8400 Louisiana Street, Merrillville. Mr. Waldrop opened and closed the Public Hearing for Petition 13-07 without public input. Mr. Lewis mentioned that upon meeting with Ms. Adams requesting to increase the parking area for the existing Geminus Daycare Center, he discovered that the prior conditional use allowing a daycare center had expired and that she would need to file for a conditional use to continue to operate. Mr. Gralik noted that it came to his attention that the property line of the parcel extends to the center line of Old Ridge Road and that the City does not own the right-of-way. He requested that should future widening of the road be necessary, they dedicate the right-of-way to the City prior to the expansion of the proposed parking lot along with applying for an additional variance for a landscaping buffer which does not exist at this time. Page 2 of 4 BZAmin 5/2/13 Mr. Allen made a motion to Approve Petition 13-07 contingent upon a deed of dedication to the City for the right-of-way including all discussion and findings of fact, seconded by Mr. Zoladz. All ayes, motion carried. (5-0) 4. 13-08 Robert Malizzo/Med Staff (Petitioner/Owner) 626 E. 3rd Street, located 80’ west from the NW corner of 3rd St. & East Streets, Sec. 154.382 (A), zoned B-2, 0.14 acre. Request: Public Hearing: A petition for a Developmental Standards Variance Purpose: To permit a proposed 3.4’x6.3’ digital store front sign to include additional advertising for off-site businesses. Approved ___ Denied __ Deferred X Vote 4-0 Mr. Waldrop abstained. Bob Malizzo, 1023 Capitol Drive requested to replace his existing sign with a digital sign that would also include additional advertising for off-site businesses. Mr. Waldrop opened and closed the Public Hearing for Petition 13-08 without public input. Discussion ensued regarding whether the proposed sign will encroach into the State’s right-of-way. Mr. Zoladz questioned whether the sign was appropriate since the location is adjacent to the downtown historical district and with the City’s intension of way finding signs as a gateway into the downtown area. It was also felt allowing the sign would set precedence. Mr. Gralik mentioned he will investigate the right-of-way issue and INDOT’s requirements regarding signage. Mr. Jackson made a motion to Approve Petition 13-08 including all discussion and findings of fact, seconded by Mr. Lollis. (2-2) Roll call: Mr. Allen, nay; Mr. Lollis, aye; Mr. Jackson, aye & Mr. Zoladz, nay. Mr. Lollis made a motion to Pull the Previous Motion off the floor, seconded by Mr. Allen. All ayes, motion carried. (5-0) Mr. Lollis made a motion to Table Petition 13-08 awaiting legal decision including all discussion, seconded by Mr. Allen. All ayes, motion carried. (5-0) 5. 13-09 Lynn’s Bedroom City/Acadia Merrillville Realty, LP (Petitioner/Agent) 1649 E. 80th Avenue, located approx. 400’ north from the NE corner of US 30 & Mississippi Street, Sec. 154.379 (G)(1), zoned PUD, 29 +/- acres. Request: Public Hearing: A petition for a Developmental Standards Variance Purpose: To allow 164.5 sq. ft. of signage exceeding the permitted 89.75 sq. ft. of signage by 74.75 sq. ft. to allow for an additional sign on the northern façade of the building. Approved X Denied __ Deferred __ Vote 5-0 Page 3 of 4 BZAmin 5/2/13 Scott Lynn, 1250 Meadowbrook Drive, Crown Point & Ken Richmond, ASAP Attractive Sign & Lighting, 443 W. US Highway 6, Valparaiso. Mr. Waldrop opened and closed the Public Hearing for Petition 13-09 without public input. Mr. Richmond stated that the business, Lynn’s Bedroom City, is located on a large corner lot within the shopping complex. The previous tenant had blackened out the windows giving the appearance that the building is vacant. He feels that additional signage on the northern façade would allow customers to acknowledge there is an active business located on this corner. Mr. Lollis made a motion to Approve Petition 13-09 including all discussion and findings of fact, seconded by Mr. Allen. All ayes, motion carried. (5-0) Mr. Lollis felt the ordinance should be reconsidered regarding corner businesses. The Board allowed an abutting neighbor that arrived late for the public hearing to express concerns regarding the daycare center in which she stated they are not able to utilize their back yard as she would like due to the children at the daycare playing outside and adults looking over her fence. Staff Consultation/Discussion: None There being no further comments or discussion Mr. Jackson made a motion to adjourn, seconded by Mr. Allen. All ayes, motion carried. (5-0) Meeting adjourned at 6:55 p.m. ______________________________ ___________________________ Dan Waldrop, Chairman Ron Jackson, Secretary Page 4 of 4 BZAmin 5/2/13