Board of Zoning Appeals

CITY OF HOBART BOARD OF ZONING APPEALS MINUTES OF APRIL 3, 2014 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. Dan Waldrop, Mr. Dennis Zoladz, Mr. Ron Jackson, Mr. Greg Lollis 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. Approval of Minutes: Mr. Jackson requested to acknowledge the late arrival of Mr. Allen at 6:07 p.m. during the roll call of the March 6, 2014 meeting. Mr. Lollis made a motion to approve the minutes as amended, seconded by Mr. Jackson. All ayes, motion carried. (5-0) Communications/Acceptance of Agenda: Mr. Jackson made a motion to approve the agenda as presented, seconded by Mr. Lollis. All ayes, motion carried. (5-0) 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 5-0 Present were Attorney Jeff Golding and David Payne. Attorney Golding noted Mr. Lewis met with Mr. Payne and him earlier in the day at Mr. Payne’s residence to determine the amount of the asphalted parking area in the front yard that is deemed necessary for removal. Two different proposed renditions were presented by Mr. Lewis and Mr. Payne. Attorney Golding once again requested to defer since Mr. Lewis had included removing additional asphalt that was not considered during the original petition request. He stated the original variance request was to allow the 45’x55’ area that was added for a parking lot when the prior use was a business and before Mr. Payne was granted rezoning the property back to residential. Attorney Golding stated that Mr. Payne will agree to remove the 45’x55’ area but does not agree to remove additional asphalt which Mr. Lewis included in his drawing. Mr. Lewis provided copies of the permit card and mentioned this property had been considered a non-conforming use. He stated the property had been used for a multi-family dwelling, single-family dwelling, a business and now back to a single-family residence which at some point additional asphalt was installed without permission from the City. He noted that removing the additional asphalt located in front of the dwelling will put the property in compliance with the standards at the time Mr. Payne rezoned it back to residential. Mr. Jackson made a motion to Table Petition 13-02 including all discussion, seconded by Mr. Lollis. All ayes, motion carried. (5-0) Staff Consultation/Discussion: Special Meeting Request Wilkerson Creek Quarry, Inc./Sergio Gutierrez Adjacent to & West of Stardust Bowling Lanes Developmental Standards Variance: Sec. 154.171 (B) Gary Radtke, Radtke Engineering & Surveying, 5821 North US Hwy. 35, La Porte and Sergio Gutierrez, 4795 W. 53rd Ave. Hobart. Due to a proposed development which includes a landscaping/nursery facility, a special meeting was requested for a variance to allow the petitioner not to structure a fence to display outdoor products. The Board agreed to schedule a special meeting for Thursday, April 24th at 6:00 p.m. 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 6:48 p.m. ___________________________________ __________________________________ Dan Waldrop, Chairman Ron Jackson, Secretary 2