Board of Zoning Appeals

CITY OF HOBART BOARD OF ZONING APPEALS MINUTES OF DECEMBER 5, 2013 Mr. Dan Waldrop called the meeting to order at 6:02 p.m. with the recital of the Pledge of Allegiance. Members in attendance: Mr. Dennis Zoladz, Mr. Ron Jackson and Mr. Dan Waldrop. Member absent: Mr. Stuart Allen and 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. Zoladz made a motion to approve the minutes of November 7, 2013 as presented, seconded by Mr. Jackson. All ayes, motion carried. (3-0) Communications/Acceptance of Agenda: Mr. Jackson made a motion to approve the agenda as presented, seconded by Mr. Zoladz. All ayes, motion carried. (3-0) 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: Tabled; 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 3-0 Present were Attorney Jeff Golding, 334 W 806 N, Valparaiso and Mr. David Payne, 912 Lillian St. Attorney Golding stated after reviewing the discussion from the meeting of February 7, 2013, speaking with Mr. Lewis and inspecting the property, he felt that Mr. Payne was in compliance with the Board’s requests. He also noted that the proposals from the landscaping business that Mr. Payne presented to the Board for the screening of the asphalted area was prepared by a relative of an employee of his prior attorney’s office and that he was not knowledgeable to the type of bushes he was to plant. Bob Fulton, 717 S. Washington Street President to the Sanitary & Storm Water Boards: Mr. Fulton expressed his concerns regarding the asphalt parking lot and how it impacts storm water drainage. He noted that storm water management fees are regulated as residential or commercial and feels that allowing the asphalt creates more of an impact to the residential area. Mike Muldoon, 900 Lillian Street: Mr. Muldoon noted his opposition to trailers being parked on the asphalt. He stated that although the tractors are not currently parked in front, trailers are and questioned whether he is running a repair business as he observed several cars and trucks come and go and felt the parking lot should be removed. Maria Cornejo, 920 Lillian Street: Ms. Cornejo felt the Payne family were good neighbors and have improved the appearance of the house through renovations. She also noted the kids use the parking lot to play on. Hearing no further comments from the public Mr. Waldrop closed the public hearing for Petition 13-02. Mr. Lewis reminded the Board that the issues were not whether the petitioner was a good neighbor, but whether he complied with the conditions of the variance, which he feels the petitioner has not. It was his recommendation to restore the property back to a residential parking area by removing sections of the asphalt. He recommended that members of the Board visit the site with Mr. Payne and his attorney’s presence to determine the amount of asphalt that needs to be removed. If removal of the asphalt and restoration of the property is determined, a time frame will be set for the work to be completed. He stated that if requested, he would also be present. He continued to say that the appearance of the property not only affects the property values of the neighbors but also the entire community as this is a main thoroughfare into the city. Mr. Waldrop noted during the meeting of February 7, 2013 there was verbal discussion regarding parking equipment on the asphalt which Mr. Payne was aware and agreed the trailers would be removed once they were moved in. He stated that had the Board not received the consent from Mr. Payne, the variance would have been denied. Mr. Waldrop also agreed that the public comments whether the petitioner was a good neighbor or the storm water issues were not prudent to the reason the petition is being revisited. Attorney Golding requested an agreement or proposal to allow tractors from time to time on the property for a couple of days, as well as, the amount of asphalt to be removed. He also requested the petition be left on table until February. Mr. Jackson made a motion to Table Petition 13-02 until the February 2014, including all discussion, seconded by Mr. Zoladz. All ayes, motion carried. (3-0) 2. 13-17 Brad Shotts/Jaclyn Lash (Agent/Petitioner) Bruce Jansen (Owner) 3641 Randolph Street, located 300’ north from the NE corner of Randolph St. & Ridge Road, Sec. 154.172, zoned B-3, 1.365 acres Request: Public Hearing: A Petition for a Variance of Use Purpose: To allow the operation of tattooing within a retail store Favorable X Unfavorable ___ Deferred ___ Vote 3-0 Present were Brad Shotts, 2342 Cline Avenue, agent for Bruce Jansen, and Jaclyn Lash, 2963 Sunset Street, Portage. Ms. Lash stated that she was proposing to open a retail establishment primarily for art and artists to display and sell hand stretched canvases for painting, jewelry, belt buckles, etc., with tattooing/body art services available by appointment only. Mr. Waldrop opened and closed the Public Hearing for Petition 13-17 without public comments. Mr. Lewis questioned what percentage of the proposed business will be incorporated with tattooing/body art. Mr. Shotts estimated approximately 10 to 20 percent but expected the figures could change from month to month. Ms. Lash noted that the tattooing industry has become more popular with professional BZAmin 12/5/13 2 individuals and has hopes of attracting this type of clientele. Mr. Gralik presented the Board with the prospect that the retail portion of the proposed business may fail due to market conditions and that the tattoo/body art business might continue as the main business. The Board noted that should the tattoo /body art aspect exceed the retail portion of the proposed business, the Petitioner will need to return and the variance will be re-evaluated. Mr. Jackson made a motion for a Favorable Recommendation to the Common Council for Petition 13-17 including all discussion and findings of fact, seconded by Mr. Zoladz. All ayes, motion carried. (3-0) There being no further comments or discussion, Mr. Zoladz made a motion to adjourn, seconded by Mr. Jackson. All ayes, motion carried. (3-0) Meeting adjourned at 6:58 p.m. Staff Consultation/Discussion: None ______________________________ _____________________________ Dan Waldrop, Chairman Ron Jackson, Secretary BZAmin 12/5/13 3