Board of Zoning Appeals

CITY OF HOBART BOARD OF ZONING APPEALS MINUTES OF NOVEMBER 7, 2013 Mr. Dan Waldrop called the meeting to order at 6:06 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 October 3, 2013 as presented, seconded by Mr. Zoladz. All ayes, motion carried. (4-0) Communications/Acceptance of Agenda: Mr. Allen made a motion to approve the agenda as presented, seconded by Mr. Jackson. All ayes, motion carried. (4-0) New Business 1. 13-02 David Payne (Owner/Petitioner) 912 Lillian Street located north of the Lillian St. & State Rd 51 intersection, Sec. 154.358 (F), zoned B-1, 0.651 acres. Request: Revisit: A petition for a Developmental Standards Variance, Sec. 154.358 (F) Purpose: Failure to comply per BZA’s 2/7/13 approval Approved ___ Denied __ Deferred X Vote 4-0 Present were Mr. David Payne, 912 Lillian Street and Attorney Jeffrey Golding, 334 W. 806 North, Valparaiso. Mr. Waldrop noted that the City has received several complaints regarding the neglect for the conditions of the approval which was granted during the February 7, 2013 meeting. Attorney Golding requested to defer this matter until next month so he may familiarize himself with the issues. Mr. Lewis noted vehicles of different types were parked on the asphalted area and that the shrubbery which was planted was not adequate for screening. He also felt Attorney Golding’s request to defer until next month was appropriate. Mr. Waldrop reopened the Public Hearing for Petition 13-02. Gloria & Michael Muldoon, 900 Lillian Street: Mrs. Muldoon explained that they have resided at their residence for over 20 years and not until lately have they had concerns regarding the appearance of this property. She noted Mr. Payne is operating a repair shop consisting of farm-sized tractors, trailers, boats and a stock car in the front parking area. Tom Ehrhardt, 8970 Norris Drive: Mr. Ehrhardt mentioned this property is located on an arterial gateway into the downtown area and has been abused since it has been rezoned back to residential and occupied. He also noted several trailers, trucks, tractors and miscellaneous equipment being parked in front and also considered the property to be used as a repair shop. Councilman Pete Mendez, 34 N. Union Street: Mr. Mendez stated that as the councilman to this district, he has received numerous complaints regarding this property and asked Mr. Payne to comply with city codes and to be a good neighbor. Public Hearing was left open. Mr. Waldrop agreed to defer for a month to allow Attorney Golding sufficient time to review the issues that were addressed. He noted that he originally voted in favor of allowing the parking lot to remain due to the peculiarities involved with the property but has observed the tractors, trailers, trucks, etc. parked in front and has also received complaints regarding the property. Mr. Waldrop expressed concerns for the industrial equipment leaking oil and leaching into the ground. Mr. Jackson made a motion to Table Petition 13-02 including all discussion, seconded by Mr. Allen. All ayes, motion carried. (4-0) Staff Consultation/Discussion: Mr. Lewis mentioned that Westfield Shopping Mall has been sold and will revert back to being named Southlake Mall. He requested direction from the Board to allow 11 temporary banners to cover the existing Westfield signs with Southlake signs as stipulated in their contract. He stated that according to the ordinance, temporary signs are only permitted for a maximum duration of 30 days per calendar year with no single event exceeding 15 days with a minimum of a 30 day separation between. He noted that he does not have the authority to approve their request for the banners to be installed for 3 to 4 months until the proposed new signs are made and installed. It was decided to allow the banners for only 15 days and require filing a petition depicting the appearance of the banners and requesting additional days. There being no further comments or discussion Mr. Allen made a motion to adjourn, seconded by Mr. Zoladz. All ayes, motion carried. (4-0) Meeting adjourned at 6:30 p.m. ____________________________________ ___________________________________ Dan Waldrop, Chairman Ron Jackson, Secretary Page 2 BZAmin 11/7/13