Board of Zoning Appeals

CITY OF HOBART BOARD OF ZONING APPEALS MINUTES OF THE RESCHEDULED JULY 11, 2013 MEETING Mr. Dennis Zoladz 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 and Mr. Stuart Allen. Members absent: Mr. Dan Waldrop and Mr. Ron Jackson. 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. Gralik noted two words were omitted in the June 6, 2013 minutes. Mr. Allen made a motion to approve the minutes as amended, seconded by Mr. Lollis. All ayes, motion carried. (3- 0) Communications/Acceptance of Agenda: Mr. Lollis made a motion to approve the agenda as presented. All ayes, motion carried. (3-0) New Business 1. 13-11 Gary Sign Co./C&B Optical (Petitioner/Agent) 1601 E. 80th Avenue located approx. 400’ north from the NE corner of Mississippi St. & US Hwy 30, Sec. 154.379(G)(1), zoned PUD, 29 acres +/-. Request: Public Hearing: A petition request for a Dev. Standards Variance Purpose: To exceed the permitted 81 sq. ft. of signage by 65 sq. ft. for an additional 44 sq. ft. of proposed signage on the western façade of a corner business lot Approved X Denied __ Deferred __ Vote 3-0 Representing C & B Optical, Gary Grochowski Gary Sign Company, requested to install an additional 44 sq. ft. of signage on the western façade of the corner business facing Mississippi Street. The proposed sign will mirror the existing signage on the northern façade of the business. He stated that the owner of C & B Optical felt that due to the increased traffic on Mississippi Street the proposed sign would help to attract additional business to his establishment. Mr. Zoladz opened and closed the Public Hearing for Petition 13-11 without public comments. It was noted that this was the 3rd request for signage for a corner lot business in this shopping plaza. Mr. Allen noted that the existing sign which faces north into the parking lot does not offer the traffic as Mississippi Street would and by not allowing the proposed sign would be a detriment to the business. He also felt the rendering of the proposed sign complimented the building. Mr. Allen made a motion to Approve Petition 13-11 including all discussion and findings of fact, seconded by Mr. Lollis. All ayes, motion carried. (3-0) Mr. Lewis noted that the Plan Commission is considering an ordinance to increase the allowable signage for corner lot businesses. 2. 13-12A McDonald’s Real Estate Co./Austgen Kuiper & Associates P.E. (Petitioner/Agent) 7915 E. Ridge Rd. located approx. 250’ west from the SW corner of Ridge Rd. &State Rd. 51, Sec. 154.358(E)(4), zoned B-3, 0.76 acres. Request: Public Hearing: A petition request for a Dev. Standards Variance Purpose: To exceed the maximum 20’ curb cut width by 17’ allowing two existing curb cuts to measure 37’ in width each. Approved X Denied ____ Deferred ___ Vote 3-0 3. 13-12B McDonald’s Real Estate Co./Austgen Kuiper & Associates, P.E. (Petitioner/Agent) 7915 E. Ridge Rd. located approx. 200’ south from the SW corner of Ridge Rd. & State Rd. 51, Sec. 154.358(E)(4), zoned B-3, 0.76 acres. Request: Public Hearing: A petition request for a Dev. Standard Variance Purpose: To exceed the 2 permitted curb cuts to include the use of a 3rd existing curb cut on State Road 51. Approved X Denied ____ Deferred ___ Vote 3-0 Dave Austgen (Austgen Kuiper & Associates) on behalf of McDonalds Corporate and Modrak Operating Group requested to present Petitions 13-12A & 13-12B together. He stated the property has recently been reconfigured and is requesting approval for two 37’ wide curb cuts allowing three lanes of ingress and egress traffic located on the property for the McDonalds restaurant at 7915 E. Ridge Road. He also requested an additional existing off-site curb cut to the east on State Road 51 for access to the McDonalds. Mr. Zoladz opened the Public Hearings for Petitions 13-12A & 13-12B. Gary Franz, 501 N. Wisconsin Street: Mr. Franz inquired to the location of the proposed new restaurant and expressed his concern for the public’s safety regarding traffic. Mr. Allen presented the proposed site plan to Mr. Franz. Mr. Lewis noted the Site Plan Committee met and reviewed the proposed cuts and it was deemed appropriate. Attorney Austgen also noted that the current property consists of .76 acre with a distance of approximately 50’ between drive cuts and the proposed project will consist of 1.13 acres with a distance of 166’ between drive cuts. Hearing no further comments or concerns from the public, Mr. Zoladz closed the Public Hearings for Petitions 13-12A & 13-12B. Page 2 of 4 BZAmin7/11/13 Attorney Austgen noted that also in attendance were Maurice King, Al Daniels, & Chris Step representing McDonalds, Jeff Templin representing Modrak Operating Group and Rex Sherrard, Engineer for Austgen Kuiper & Associates. Mr. Allen made a motion to Approve Petition 13-12A & Petition 13-12B including all discussion and findings of fact, seconded by Mr. Lollis. All ayes, motion carried. (3-0) 4. 13-13 Cynthia Rongers (Owner/Petitioner) 1201 Hickey Street located SE of the Ohio & Hickey Streets intersection, Sec. 154.051 (A), zoned R-2, 0.25 acre. Request: Public Hearing: A petition request for a Dev. Standards Variance Purpose: To encroach 4’ beyond established 30’ front yard building line for a proposed addition to existing house Approved X Denied ____ Deferred ___ Vote 3-0 Cynthia Rongers stated they were requesting approval to encroach 4’ into the 30’ front building line to construct a proposed 12’x13’ addition to the bedroom for a second bathroom. The proposed addition will be in line with her existing front porch. Presented were photos depicting the location of the homes to the east and west. Mr. Zoladz opened and closed the Public Hearing for Petition 13-13 without public comment. Mr. Lollis made a motion to Approve Petition 13-13 including all discussion and findings of fact, seconded by Mr. Allen. All ayes, motion carried. (3-0) Staff Consultation/Discussion: Mr. Franz, 501 N. Wisconsin Street mentioned he was directed to approach the BZA regarding concerns for a digital sign installed in the City easement located on the SE corner of Wisconsin Street and 40th Place advertising the Hobart YMCA. He stated that on April 14, 2012, the director of the YMCA requested to replace the sign in which neither he nor his neighbors were informed of the digital sign and felt they should have been. Due to the color and the flashing digital messages, the neighbors are compelled to keep the window curtains closed in their homes. He stated that after having made a complaint to the City, the hours the sign is lit were limited to 6:00 a.m. to 9:00 p.m. Mr. Franz requested copies of federal, state laws and also city ordinances affiliated with the sign. Daniel Rodriguez, 419 N. Wisconsin Street questioned why the sign was placed on his property when it was approved for the YMCA at 601 W. 40th Place and that neither he nor his neighbors were informed of the sign. Mr. Lollis questioned who directed them to address this board since they were not involved in permitting the sign. Mr. Franz replied that he was directed by his councilman and the city to appear before the BZA. Page 3 of 4 BZAmin7/11/13 Mr. Lewis explained a form requesting public records is available in the Clerk-Treasurer’s Office. He also explained that the Board of Works is the body that has control as to what is permitted within the city easement and that it is restricted to nonprofit organizations. Regarding the placement of the YMCA sign, it was approved by the Board of Works for the SE corner of Wisconsin Street and 40th Place on city easement. He further stated a letter was mailed to the executive director of the YMCA advising him the sign was in violation of the Hobart Municipal Code, Sec. 154.382 Prohibited Signs-All Districts (B) Signs that have blinking, flashing, or fluttering lights, lasers and visual projections or lights resembling emergency or road equipment vehicles; (D) Signs that have changing light intensity, brightness or color, or give such illusion; (F) Animated signs or motion picture. The location, size and placement of the sign were not in violation. There being no further comments or discussion, Mr. Lollis made a motion to adjourn seconded by Mr. Allen. All ayes, motion carried. (3-0) Meeting adjourned at 6:40 p.m. _________________________________ _____________________________ Dennis Zoladz, Vice-Chairman Attest: Page 4 of 4 BZAmin7/11/13