Board of Zoning Appeals

CITY OF HOBART BOARD OF ZONING APPEALS MINUTES OF MAY 1, 2014 Mr. Dan Waldrop called the meeting to order at 6:00 p.m. with the recital 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. Sergio Mendoza, City Planner; Mr. Phil Gralik, City Engineer; Mr. Carroll Lewis, Zoning Administrator and Ms. Joy Respecke, Recording Secretary. Approval of Minutes: Mr. Allen made a motion to approve the minutes of April 3, 2014 as presented, seconded by Mr. Lollis. All ayes, motion carried. (5-0) Communications/Acceptance of Agenda: Mr. Jackson made a motion to approve the agenda as presented, seconded by Mr. Allen. 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 __ Removed X Vote 5-0 Mr. Payne was present. Mr. Mendoza noted that after reviewing the past minutes for the petition request, he recommended the Board dismiss and remove the petition from the agenda. He explained that despite Mr. Lewis’ recommendation to deny the request, the Board approved the original variance to allow the additional 45’x55’ asphalt in the front yard that was installed during the time the property was zoned and operating as a business. The approval was contingent upon planting arborvitaes for screening as indicated in the landscaping plan that Mr. Payne submitted for approval. He felt that if Mr. Payne was in violation of the landscape plan he submitted, then he will need to bring it into compliance or be cited. He continued to say that with the rezone approval, Mr. Payne will need to comply with the outside storage requirement for residential zoning, which was not waived by the Board. Based on the actions of the BZA the additional 45’x55’ asphalted area has been deemed a legal non-conforming parcel. Mr. Payne questioned the 30’ height of the arborvitaes in which Mr. Mendoza stated the variance was approved with the landscape plan that Mr. Payne provided to the BZA. It was noted that the submitted plan specified 18 arborvitaes 5 feet in height. Mr. Lollis made a motion to Dismiss and Remove Petition 13-02 with the stipulation that Code Enforcement inspect the property within 60 days to ensure it is in compliance including all discussion, seconded by Mr. Zoladz. All ayes, motion carried. (5-0) 2. 14-06 John Ketchum (Petitioner/Owner) 4420 E. 61st Avenue located approx. ¼ mile east from the NE corner of 61st Ave. & Arizona St., zoned R-1, 0.62 acre Request: Public Hearing: A petition request for a Developmental Standards Var. Sec. 154.006 (F)(7) Purpose: To exceed the permitted 864 sq. ft. by 636 sq. ft. for a proposed 30’x50’ detached garage Approved ___ Denied X Deferred __ Vote 5-0 3. 14-06A John Ketchum (Petitioner/Owner) 4420 E. 61st Avenue located approx. ¼ mile east from the NE corner of 61st Ave. & Arizona St., zoned R-1, 0.62 acre Request: Public Hearing: A petition request for Developmental Standards Var. Sec. 154.006(F)(3) Purpose: To exceed the permitted 15’ in height by 9’ for a proposed 30’x50’ detached garage Approved ___ Denied X Deferred __ Vote 5-0 Mr. Waldrop noted Petitions 14-06 & 14-06A will be heard together. John Ketchum, 4420 E. 61st Avenue requested to construct a larger proposed stick-built garage to ensure there will be adequate room for future storage. He mentioned he will demolish the existing garage and position the proposed building in line with his residence allowing him additional space in his rear yard. The second floor will be used strictly for storage, no plumbing or heating, and will not be finished and utilized as additional living space. The second floor dormer will lead out to a proposed deck. Mr. Waldrop opened and closed the Public Hearing for Petitions 14-06 & 14-06A without public comments. The Board expressed their concerns that the proposed garage was larger than his ranch style house and that should he sell the property, the future owner could finish the 2nd story for living area. Mr. Lollis made a motion to Deny Petitions 14-06 & 14-06A based on question #3 of the findings of fact that the variance does not present practical difficulties to the property including all discussion and findings of fact, seconded by Mr. Zoladz. All ayes, motion carried. (5-0) Page 2 BZAmin 5/1/14 Consultation/Discussion: Mr. Mendoza distributed the schedule of the public input sessions for the upcoming comprehensive plan and invited the Board to attend the sessions if they were available. He felt the Board’s input was important to help guide the direction and residents as to how the City envisions the next ten years. There being no further comments or discussion, Mr. Allen made a motion to adjourn, seconded by Mr. Lollis. All ayes, motion carried. (5-0) Meeting adjourned at 6:33 p.m. ___________________________________ ______________________________ Dan Waldrop, Chairman Ron Jackson, Secretary Page 3 BZAmin 5/1/14