Board of Zoning Appeals

CITY OF HOBART BOARD OF ZONING APPEALS MINUTES OF JUNE 6, 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. Ron Jackson, Mr. Dan Waldrop and Mr. Stuart Allen. Member absent: Mr. Greg Lollis. Also in attendance: Mr. Phil Gralik, 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 May 2, 2013 meeting as presented, seconded by Mr. Zoladz. All ayes, motion carried. (4-0) Communications/Acceptance of Agenda: Mr. Lewis noted Petition 13-08 was incorrectly typed as a Developmental Standards Variance and should read Use Variance and also requested to add All About Storage for consultation. Mr. Allen made a motion to approve the agenda as amended, seconded by Mr. Jackson. All ayes, motion carried. (4-0) New Business 1. 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: Tabled; 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 X Deferred __ Vote 3-0 As stated during the acceptance of the agenda the request was incorrectly typed as a Developmental Standards Variance. The Petitioner filed the appropriate paperwork for the Use Variance. Mr. Waldrop abstained. Robert Malizzo, 1023 Capitol Drive noted that with allowing additional downtown businesses to advertise on his proposed digital store front business sign located at 626 E. 3rd Street would be more economical to the other businesses than advertising on billboards or in newspapers. Mr. Allen made a motion to reopen the public hearing, seconded by Mr. Zoladz. All ayes, motion carried. (3-0) Mr. Waldrop opened the Public Hearing for Petition 13-08. Sandy O’Brien, 5500 So. Liverpool Rd.: Ms. O’Brien stated she was opposed to the request and felt a sign of this nature does not promote the aesthetics of the downtown area. She also felt billboards are a scene of traffic accidents and distractions. Mr. Jackson acknowledged three (3) letters received in regards to the petition. They are as follows: 1) June 6, 2013 Board of Zoning Appeals/City Council This letter is being written in regards to BZA 13-08. Even though the property in question is not within the district, it is directly adjacent. This business has existing signage that is in keeping with the character of adjacent development. In the case of a Variance of Use, Indiana Code describes several tests which must be met. There is nothing peculiar about this property or does a hardship exists which precludes this property from operating within the existing zoning ordinance. A digital sign for the business and for off premise advertising does not belong on one of the primary entrances to the downtown area. It is not aesthetically compatible with any signage in the immediate area. Also, there are areas within the city which are designated to allow off premise signage and this is not one of them. Having a digital sign so close to the road on a state route may also pose an issue. Has the petitioner consulted with the state highway department for their stance on this issue? I hope the Board of Zoning Appeals forwards an unfavorable recommendation and the City Council denies this request. If allowed it could start a trend of backing away from all of the planning and hard work that has been started to make downtown Hobart a great destination for living, working, and recreation. Respectfully, Aj Bytnar, Owner 308/310 Main St. 2) Dear Board Members: It has come to our attention that there is some concern for traffic safety if the variance is approved for additional signage in the 600 block of East 3rd Street for the Med Staff building. There is traffic that enters and exits the alley between Center Street and East Street at 3rd Street. Without additional information, I wanted to ensure that traffic safety is being considered for traffic flow for eastbound and westbound 3rd Street, as well as, traffic entering and exiting the alley. Thank you for your consideration. Respectively, Paul C. Oliver 3) Hello Mr. Gralik, As consultant to the Historic Preservation Commission I have had conversations with some of its members concerning the request for a variance for 626 E. 3rd Street for the proposed digital signage. Given the proximity to the start of the downtown historic district there are some concerns. Since the property is not in the district its design guidelines do not apply to this property, however I would just like to point out a couple of items that have been raised for the board to consider if possible.  Electronic and digital signage is not indicated as being appropriate for the downtown and the historic district unless it is proven to be historic and associated with a buildings original use (for example a theater)  have this type of signage at one of the entrances of the district is a concern. In addition it is very near 607- To 609 E 3rd Street and 611-619 E. 3rd Street. These properties recently completed façade grant projects which Page 2 of 5 BZAmin 6/6/13  greatly enhanced the entry into the district with the installation of appropriate signage and lighting and offers an impressive view when entering the district on US51. Digital electronic signage could compromise that investment which was accomplished with both public and private dollars.  With the city getting ready to invest in new branding signage and entryways for the downtown we should think about the appearance of this type of signage once those entrances are installed I believe most of these issues have been stated by others, however given the concerns raised by members of the commission I thought it would be helpful to share them with you and the board. Since its creation the HPC has worked to not only preserve and revitalize the historic buildings within the downtown, but also support the development of positive and visually appealing environment. It has sought to accomplish this by having design review and the promotion of appropriate signage in regard to the density of the downtown and the mass and scale of the buildings. While the HPC design review can only happen within the designated boundaries of the district, it is the hope that the implementation of these standards would have an effect on the areas immediately outside of the district. If the proposed signage is installed a precedent will be set that could be difficult to reverse. The HPC will always be supportive of the downtown, its business and property owners and does not seek to thwart any economic development efforts, however the visual impact of such efforts should be considered and solutions found that appease both sides. The HPC will respect the decision of the BZA, regardless of the result. However if the signage is allowed, I would suggest allowing us to work with the board and the property owner on the design in order to possibly lessen the impact of the signage on the district. Thank you for your consideration and if you have any questions please do not hesitate to let me know Have a good day Tiffany Tolbert Director ……………………………… Indiana Landmarks Northwest Field Office 608 E. 3rd Street Hobart, IN 46342 Ph. 219-947-2657, 800-450-4534 Fax: 219-947-5818 www.indianalandmarks.org Indiana Landmarks revitalizes communities, reconnects us to our heritage, and saves meaningful places. Mr. Jackson made a motion to accept the letters into the discussion of fact including all discussion, seconded by Mr. Allen. All ayes, motion carried. (3-0) Hearing no further public comments Mr. Waldrop closed the Public Hearing for Petition 13-08. Mr. Malizzo commented saying there have been no traffic accidents in the 20 years he has owned the business. He also stated that whether off-site advertising was allowed, the proposed digital sign will be installed. Mr. Allen feels that allowing off-site advertising was a dangerous precedence to set and made a motion for an Unfavorable Recommendation to the Common Council for Petition 13-08 including all discussion and findings of fact, seconded by Mr. Zoladz. All ayes, motion carried. (3-0) Page 3 of 5 BZAmin 6/6/13  2. 13-10 View Outdoor Advertising/Attorney Richard Anderson (Petitioner/Agent) located on the SE corner of 37th Ave. & Maxwell Street, Sec. 154.173 (B)(1), zoned B-3, 0.17 acre. Request: Public Hearing: Conditional Use Purpose: To permit a proposed 10’x30’ billboard sign 45’ in height Approved X Denied ____ Deferred ___ Vote 4-0 Plan Commission’s 5/2/13 meeting determination as follows: Mr. Waldrop motioned for a Positive Referral to the BZA determining BZA Petition 13-10 has no impact on the Comprehensive Plan including all discussion and findings of fact, seconded by Mr. Allen. All ayes, motion carried. (8-0) Representing View Outdoor Advertising, Attorney Richard Anderson, 9211 Broadway, Merrillville propo sed to construct a 10’x30’ static billboard sign 45’ in height on the SE corner of Maxwell Street and Ridge Road. Per the Plan Commission’s request, Attorney Anderson presented a rendering of the proposed billboard depicting that it would not interfere with the line of sight of the existing billboard to the west. The vacant lot will be maintained and include proposed landscaping at the base of the pylon pole. Mr. Waldrop opened the Public Hearing for Petition 13-10. Roy Whitaker, 3025 W. 37th Avenue: Mr. Whitaker stated he was in favor of the proposed billboard and maintenance on the vacant lot. Hearing no further public comments or discussion, Mr. Waldrop closed the Public Hearing for Petition 13 -10. It was clarified that the placement of the proposed sign would not encroach into the right-of-way. Mr. Jackson made a motion to Approve Petition 13-10 contingent upon a landscaping plan be submitted with the permit request including all discussion and findings of fact, seconded by Mr. Zoladz. All ayes, motion carried. (4-0) Staff Consultation/Discussion: All About Storage, 2300 E. State Rd. 130. Ms. Yanovic stated that she had applied for a privacy fence and pool in the rear yard of their business office/apartment and assumed that since they were granted the variance to reside above the business that they were able to utilize the rear yard for residential purposes. She also distributed pictures of the proposed fence and landscaping. Mr. Lewis mentioned that he had consulted with various administrative personnel inquiring whether the Yanovic’s use variance pertained only to the owner occupied living space over the business or if it included a rear yard for residential use and had received different interpretations. Due to their inconsistencies, and prior to issuing the permit, he requested direction from the Board as to what their intentions were when they granted the variance. He mentioned that rear yards are required in B-1 & B-2 zones but do not apply in an M-1 zone. Page 4 of 5 BZAmin 6/6/13 Mr. Waldrop recalled the discussion and stated that he felt uncomfortable at the time the use variance was requested to allow residential living area above an office in an M-1 zone because of the issues of maintaining a normal residential atmosphere. He stated that at that time the request was portrayed as a business in which they needed to be present 24 hours a day but did not recall discussion that the building was intended to give the appearance of a residential home, operating as a business. After considerable discussion, the consensus was for the Yanovics to file a petition for a use variance. The BZA’s regularly scheduled meeting of July 4th was cancelled due to the holiday but agreed to reschedule a meeting for July 11th if deemed necessary. Mr. Allen made a motion to reschedule the July meeting for the 11th including all discussion, seconded by Mr. Jackson. All ayes, motion carried. (4-0) There being no further comments or discussion Mr. Jackson made a motion to adjourn, seconded by Mr. Allen. All ayes, motion carried. (4-0) Meeting adjourned at 6:40 p.m. _________________________________ ______________________________ Dan Waldrop, Chairman Ron Jackson, Secretary Page 5 of 5 BZAmin 6/6/13