Board of Zoning Appeals

CITY OF HOBART BOARD OF ZONING APPEALS MINUTES OF FEBRUARY 6, 2014 Mr. Dan Waldrop called the meeting to order at 6:10 p.m. with the recitation of the Pledge of Allegiance. Members in attendance: Mr. Stuart Allen, Mr. Ron Jackson, Mr. Dan Waldrop and Mr. Dennis Zoladz. Member absent: Mr. Greg Lollis Also in attendance: Mr. Phil Gralik, City Engineer; Mr. Sergio Mendoza, City Planner; Mr. Carroll Lewis, Zoning Administrator and Ms. Joy Respecke, Recording Secretary. Approval of Minutes: Mr. Allen made a motion to approve the minutes of January 2, 2014 as presented, seconded by Mr. Zoladz. All ayes, motion carried. (4-0) Approval of 2013 Annual Report: Mr. Allen made a motion to approve the annual report as presented, seconded by Mr. Jackson. 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: 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 4-0 David Payne and his attorney Jeff Golding were present. Attorney Golding stated that due to the inclement weather, compliance to the property has not been met. He asked the petition be tabled. Mr. Lewis noted that on January 31st at 11 a.m. he and BZA Board Member Mr. Jackson met on site with Mr. Payne and Attorney Golding to review the asphalted parking area. He stated they came to an agreement to remove the asphalted area in front of the residential dwelling and the area serving the basketball court. The existing driveway entrance will remain, be angled toward the three car garage and the side yard parking area. Once the weather breaks, when possible, he will paint same and requested that the Board allow Mr. Payne four months to be in compliance. He also noted that should Mr. Payne sell the property prior to completing the work, he would notify the prospective owner of this obligation. Mr. Waldrop noted his reservations that should the property sell prior to marking the area or receiving plans for the removal of the asphalt, it may differ from the agreement of the Board’s, Mr. Payne’s and/or the prospective buyer’s. BZAmin 2/6/14 Mr. Allen made a motion to Table Petition 13-02 to the April meeting including all discussion, seconded by Mr. Jackson. All ayes, motion carried. (4-0) 2. 14-02 City of Hobart Sanitary & Sewer District (Owner/Petitioner) Paul Oliver (Agent) located approx. 1/3 mi. north & 0.2 mi. west from the NW intersection of Ridge Rd. & Hobart Rd., Sec. 154.044 (G), zoned R-1, 11 acres Request: Public Hearing: Use Variance, Sec. 154.044 (G) Purpose: To allow a public safety training facility Favorable X Unfavorable __ Deferred __ Vote 3-0 Mr. Allen abstained. Present were Captain Paul Oliver, Hobart Police Department and Don Torrenga, Torrenga Engineering. Officer Oliver requested a favorable recommendation for a gun range and tactical training facility that is patterned after the existing facility in Griffith. Mr. Torrenga distributed a rendering of the proposed facility to be located north of Strack & Van Til on 37th Avenue and west of North Hobart Road on 11 acres of property owned by the Hobart Sanitary District. In place is an ingress/egress easement from North Hobart Road, north of the former Isakson Motors, running due west then north 90° entering into the proposed facility. Proposed on the west side of the facility is an asphalted area containing 12 firing lanes ranging from 7 to 50 yards and on the east side will be a grassed tactical area with a berm separating the 2 areas. The interior of the range will be excavated 6’ below ground level. The removed dirt will be used to help construct a 15 to 20 foot high berm surrounding the entire facility. Various trees and unkempt native grasses will be planted on the berms to help muffle noise emanating from the range. Fencing and a locked gate will also surround the facility. The facility will not be open to the public. Mr. Waldrop opened the Public Hearing for Petition 14-02. Larry Johnson, 3498 N. Hobart Rd.: Mr. Johnson spoke on behalf of his father who is an abutting property owner. He requested additional information regarding drainage, hours of operation, ground contamination from the lead and restrictions for possible future development of family owned land. Lino Maggio, 3rd District Councilman: Mr. Maggio spoke in favor of the proposed facility. He stated that having our own facility would cut costs for the officers, who currently travel 25 miles one way to Lowell to access the facility there. Hearing no further public comments, Mr. Waldrop closed the Public Hearing for Petition 14-02. Mr. Torrenga addressed Mr. Johnson’s concerns stating that the direction for firing the weapons will be from south to north. At the base of the berm will be a 3’ base of sand which can be sifted periodically to recover the lead. The range will be sloped from the south to the north allowing drainage to flow to a swale located along the interior of the northern berm, into 6 drainage pipes located under the below ground level swale on the interior of the berm then into a main storm sewer outside the berm in a northeasterly direction and through a bio filter swale before depositing 20 feet into Deep River. Chief Zormier stated that 90% of shooting time will take place between the hours of 9:00 a.m. to 3:00 p.m. Tuesday, Wednesday & Thursday except for 2 weeks a year during academy training at which time it will Page 2 BZAmin 2/6/14 be occupied Monday through Friday. He continued saying there was a cost of $35,000.00 this past year, between man hours and fuel, for the department to travel to the Lowell range. Mr. Mendoza addressed Mr. Johnson’s concerns for future development by saying the area is zoned for single-family residential and invited his input in the update of the Comprehensive Plan for possible future development of his family owned property. It was also noted that IDEM’s approval is required prior to construction but Mr. Johnson stated he still had concerns. Mr. Jackson made a motion for a Favorable Recommendation to the Common Council for Petition 14-02 including all discussion and findings of fact, seconded by Mr. Zoladz. All ayes, motion carried. (3-0) Staff Consultation/Discussion: None There being no further comments or discussion Mr. Zoladz made a motion to adjourn, seconded by Mr. Jackson. All ayes, motion carried. (4-0) Meeting adjourned at 7:04 p.m. _________________________________ __________________________________ Dan Waldrop, Chairman Ron Jackson, Secretary Page 3 BZAmin 2/6/14