Board of Zoning Appeals

CITY OF HOBART BOARD OF ZONING APPEALS MINUTES OF OCTOBER 3, 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, City Engineer; Mr. Carroll Lewis, Interim City Planner/Zoning Administrator and Ms. Joy Respecke, Recording Secretary. Approval of Minutes: Mr. Zoladz made a motion to approve the minutes of the August 1, 2013 meeting as presented, seconded by Mr. Jackson. All ayes, motion carried. (5-0) Communications/Acceptance of Agenda: Mr. Lollis made a motion to approve the agenda as presented, seconded by Mr. Allen. All ayes, motion carried. (5-0) New Business 1. 13-15 Lyle Stevenson (Owner/Petitioner) 630 S. Wisconsin Street located 500’ north from the NW corner of Wisconsin St. & 7th Pl., Sec. 154.006 (F)(7), zoned R-2, 0.84 acre. Request: Public Hearing: A petition request for a Developmental Standards Var. Purpose: To exceed the permitted 864sq. ft. for accessory structures by 144 sq. ft. for the proposed construction of an 8’x10’ shed Approved X Denied __ Deferred __ Vote 5-0 Lyle Stevenson, Jr., 630 S. Wisconsin Street mentioned that he was under the impression that when he purchased the property it was in compliance with the city codes. Only when he attempted to obtain a building permit for an 8’x10’ storage shed did he discovered that he was over the allowable square footage for accessary structures. Mr. Waldrop opened and closed the Public Hearing for Petition 13-15 without public comments. Mr. Lewis mentioned that at some point a sunroom was attached to a detached garage without obtaining a building permit. He further noted that due to the size of the property, he did not feel the proposed shed would make an impact on the neighbors. Mr. Allen made a motion to Approve Petition 13-15 including all discussion and findings of fact, seconded by Mr. Lollis. All ayes, motion carried. (5-0)  2. 13-16 Donald Weiss (Owner/Petitioner) 1630 E. 80th Avenue located approx. 1/8 mile 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 Developmental Standards Var. Purpose: To exceed the permitted 140 sq. ft. of signage by 212 sq. ft. to allow 352 sq. ft. façade storefront signs Approved X Denied __ Deferred __ Vote 5-0 Representing Don Weiss was Bob Collins, Vice-President of Design & Construction for Weiss Entities, 9101 Taft Street, Merrillville. He stated that they have leased two vacant spaces within the shopping plaza which totals 16,100 sq. ft. and after renovation of the spaces will have one single entrance/exit. Due to the location of an L-shaped strip of stores to the south the proposed business is limited to the visibility from US 30 and is requiring additional signage. Mr. Waldrop opened and closed the Public Hearing for Petition 13-16 without public comments. Discussion ensued regarding the additional allowed signage for the recently opened furniture store to the west of the space and felt the existing and proposed signs were to scale with each other and would be appropriate. Mr. Allen made a motion to Approve Petition 13-16 including all discussion and findings of fact, seconded by Mr. Jackson. All ayes, motion carried. (5-0) Staff Consultation/Discussion: To Determine Re-Visiting BZA 13-02 (912 Lillian Street) Mr. Lewis mentioned the petitioner requested a variance to allow the front asphalt parking lot to remain, as its removal would create a financial burden. The petitioner previously stated at the meeting that he would plant landscaping to screen the parking area from the street. Mr. Lewis noted there are several trailers and tractors parked on the asphalt and that the shrubbery planted was not adequate for screening the area. Therefore, Mr. Lewis feels the petitioner has not complied with the approval of the variance especially with the screening, as well as, using the front yard asphalt as storage for his trailers, etc. and requested from the Board to have the petitioner return to address these issues. Mr. Lollis made a motion to contact the City Attorney to consider what legal recourse the BZA is allowed and for the petitioner to return to the BZA to address these issues including all discussion, seconded by Mr. Allen. All ayes, motion carried. (5-0) Mr. Fulton, President of Sanitary/Storm Water District stated that when the storm water fee was instituted, it was based on residential and commercial properties. A higher standard and fee was set for commercial property due to the anticipation there would be a greater impact from the amount of coverage due to parking areas. He asked the Board to take into consideration when requests of reversing commercial use to residential use with additional impervious surfaces in a residential area and to allow Page 2 of 3 BZAmin 10/3/13 input and a recommendation from the storm water department. 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 6:30 p.m. __________________________________ _____________________________________ Dan Waldrop, Chairman Ron Jackson, Secretary Page 3 of 3 BZAmin 10/3/13