Board of Zoning Appeals

CITY OF HOBART BOARD OF ZONING APPEALS MINUTES OF MARCH 6, 2014 Mr. Dennis Zoladz 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. Ron Jackson and Mr. Greg Lollis. Members absent: Mr. Dan Waldrop and Mr. Stuart Allen. Also in attendance: Mr. Phil Gralik, City Engineer; Mr. Sergio Mendoza, City Planner; Mr. Carroll Lewis, Zoning Administrator and Ms. Joy Respecke, Recording Secretary. Mr. Allen arrived at 6:07 p.m. Approval of Minutes: Mr. Lollis made a motion to approve the minutes of February 6, 2014 as presented, seconded by Mr. Jackson. All ayes, motion carried. (3-0) Communications/Acceptance of Agenda: Mr. Jackson noted Petition 13-02 will be left on table until the April meeting. Mr. Jackson made a motion to approve the amended agenda, seconded by Mr. Lollis. 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 ___ Tabled at acceptance of agenda. 2. 14-03 John Batistatos (Owner/Petitioner) 2500 E. 9th Place, for property at 16 Cleveland Terrace located approx. 600’NE from the Cleveland Terrace & Cleveland Avenue intersection, Sec. 154.358 (F), zoned R-2, 0.03 acres. Request: Public Hearing: A petition for a Developmental Standards Variance, Sec. 154.358 (F) Purpose: To allow an existing front yard driveway to remain Approved X Denied __ Deferred __ Vote 4-0 John Batistatos, 2500 E. 9th Place stated that upon purchasing the house located at 16 Cleveland Terrace in April 2013, the garage had already been converted into living space and was unaware that the property could not be used as a two-family rental unit. He also noted to remove and relocate the driveway was not an option as adequate room was not available in the side yards and parking would exist only in the street. Mr. Allen arrived at 6:07 p.m. Pete Mendez, 34 N. Union Street: Mr. Mendez stated he is a councilman for this district and had received a complaint that the property was purchased and was being used as a two-unit rental. He noted the garage had been converted into living space for an intended family member 20 years ago. He was in favor of allowing the driveway to remain. Brian Fiegler, 10 Cleveland Terrace: Mr. Fiegler stated that although he was not opposed to the driveway, he was opposed to the use of the property as a duplex rental. The neighborhood is single family houses and should remain single family. Hearing no further public comments, Mr. Zoladz closed the Public Hearing for Petition 14-03. Mr. Jackson made a motion to Approve Petition 14-03 including all discussion and findings of fact, seconded by Mr. Lollis. All ayes, motion carried. (3-0) Mr. Jackson amended his approved motion to include that removing the driveway would create a hardship for the property owner including all discussion and findings of fact, seconded by Mr. Lollis. All ayes, motion carried. (4-0) 3. 14-04 Diane Link & Robert Polgar (Petitioners/Owners) 625 N. Hobart Rd. located 200’ north of the NE intersection of Hobart Rd. & Rand St., Sec. 154.007 Definitions (Kennels), zoned R-2, 0.45 acres. Request: Public Hearing: A petition for Variance of Use Purpose: To exceed 3 permitted dogs to allow existing special needs dogs Favorable X Denied __ Deferred __ Vote 4-0 Diane Link Polgar, 625 N. Hobart Road. Ms. Polgar stated she was a member of the Safe Haven Pet Rescue and helps with the placement and care for sick and displaced dogs. She stated that she has 30 dogs in which some of the dogs are unadoptable due to their handicaps of being blind, bi-polar and deaf and most were seniors. She also noted that all the dogs are current in their vaccinations. She requested to continue to keep and care for the existing dogs until their demise. Mr. Jackson noted that upon visiting the Polgar’s residence, he found no offensive odors in the house and the dogs were clean, groomed and kenneled. He also noted that included in the Board’s petition packets were signatures from the abutting and surrounding neighbors that are in favor of them continuing to keep and care for the dogs. (See attached) Mr. Zoladz opened the Public Hearing for Petition 14-04. Fran Ranger, 5808 Sand Avenue, Portage: Ms. Ranger mentioned she has been the president of the Safe Haven Pet Rescue and Adoption for the past 6 years. She stated, due to their age, people will not adopt a dog over 5 years old. She also noted that the Polgars have invested a lot of money in caring for and maintaining these animals and if she would be denied to continue to keep them, they will have to be put down. Corporal Ron Russo, Code Enforcement: Corporal Russo stated after receiving a complaint against the Polgars, he and animal control conducted a surprise inspection at their residence. He noted that BZAmin 3/6/14 Page 2 although he was unable to give his opinion for or against the request, but stated he would be happy to answer any questions that the Board may have regarding his inspection. Mr. Lollis inquired to violations. Corporal Russo stated he found the only violation was that they had more dogs than allowed. Otherwise the house was neat, clean and orderly. He noted that copies of the reports from himself and the animal control could be obtained from the Police Dept. Ms. Polgar responded to Corporal Russo’s statement of receiving the complaint by stating they are tending to her stepson’s dog while he is in Korea. The stepson’s friend wanted the dog but after speaking with the stepson, they were informed the friend was unfit and cruel to his own animals. They would not allow the friend to have the dog. He then retaliated by contacting the City. Mr. Lewis reminded the Board that the variance runs with the land and should they approve this request to stipulate that it only applies to the petitioner. Mr. Mendoza also inquired to the additional information Ms. Polgar provided indicating she has no interest in owning more dogs but stated if Save Haven Pet Rescue or humane society contacts her she would consider fostering an animal pending their adoption. Hearing no further public comments Mr. Zoladz closed the Public Hearing for Petition 14-04. Mr. Jackson made a Favorable Recommendation to the Common Council for a one year period including all discussion and findings of fact. Motion died for lack of a second. Mr. Lollis made an Unfavorable Recommendation to the Common Council including all discussion and findings of fact. Motion died for lack of a second. Mr. Allen made a Favorable Recommendation to the Common Council contingent upon variance applying only to the current owner of the property, after one year the Petitioner to show a reduction in dogs with Code Enforcement, and to be in compliance after two years including all discussion and findings of fact, seconded by Mr. Jackson. All ayes, motion carried. (4-0) Staff Consultation/Discussion: None Hearing no further comments or discussion Mr. Lollis made a motion to adjourn, seconded by Mr. Jackson. All ayes, motion carried. (4-0) Meeting adjourned at 6:35 p.m. ___________________________ ________________________________ Dennis Zoladz, Vice-Chairman Ron Jackson, Secretary BZAmin 3/6/14 Page 3