Board of Zoning Appeals

CITY OF HOBART BOARD OF ZONING APPEALS MINUTES OF JUNE 5, 2014 Mr. Dan Waldrop called the meeting to order at 6:05 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. Zoladz made a motion to approve the minutes of May 1, 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. 14-07 Ramon Reyes (Owner/Petitioner) 3980 E. 34th Ct. located 400’ east of the 34th Ct. & Shelby St. intersection, zoned R-1, 0.43 acre. Request: Public Hearing: A petition request for a Developmental Standards Var. Sec. 154.006 (F)(3) Purpose: To exceed the permitted 15’ height allowance for an accessory structure by 7’ for a proposed 30’x40’ pole barn. Approved ___ Denied X Deferred __ Vote 5-0 Mr. Lollis made a motion to Deny Petition 14-07 including all discussion and findings of fact, seconded by Mr. Jackson. All ayes, motion carried. (5-0) 2. 14-07A Ramon Reyes (Owner/Petitioner) 3980 E. 34th Ct. located 400’ east of the 34th Ct. & Shelby St. intersection, zoned R-1, 0.43 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. allowance for an accessory structure by 816 sq. ft. for a proposed 30’x40’ pole barn. Approved ___ Denied X Deferred __ Vote 5-0 Petitions 14-07 & 14-07A were discussed together. Mr. Ramos, 3980 E. 34th Ct. stated he would retire soon and requested to construct a proposed 30’x40’ two story garage for storage of seasonal items and to store and work on his automobiles. He will demolish the existing shed. Mr. Waldrop opened the Public Hearing for Petitions 14-07 & 14-07A. Dave Brodar, 3995 E. 34th Ct.: Mr. Brodar, next door neighbor, compared the footprint of the proposed garage to a house and felt it was too large. He felt a smaller garage was more acceptable. A letter was received and Mr. Jackson read it into the minutes. Advisory Board of Zoning Appeals City of Hobart, IN 46342 May 30, 2014 RE: Petition No. 14-07 and Petition No. 14-07A To the Secretary of the Board of Zoning Appeals: I am writing in response to the variances requested on the above two petitions of Mr. Ray Reyes, Jr. which are on file in the Office of the City Planner. Based upon the descriptions given in these two petitions, I am opposed to this construction. I feel that a Pole Barn would affect the value of our adjoining property in Nob Hill. Any potential home buyer would not be interested in purchasing a lot where their view would be of a Pole Barn. Also, I do not feel that this structure would conform to the look of the other homes in this residential community. The size of the proposed Pole Barn (30’ wide by 40’ long and 22‘ high) is equivalent to a two story, 1200 sq. ft. building. Twenty-two feet in height exceeds the roof line of homes currently in this area. Because of the proposed size, I am also concerned that it would set very close to our property line. We have been a property owner in the community affected for 40 years and have done our best to maintain a desirable home and property with curb appeal. I feel strongly that a barn would take away the value of our properties. Therefore, I cannot agree to these requests for Developmental Standards Variances for a proposed Pole Barn. Sincerely, MaryAnn (Jackson) Cooper Rosemary Jackson Property Owners 3950 E. 34th Court Hobart, IN 46342 Hearing no further public comments, Mr. Waldrop closed the Public Hearings for Petitions 14-07 & 14-07A. Page 2 BZAmin 6/5/14 Mr. Ramos stated that Ms. Jackson owned 2 lots, one which the house is located and a vacant lot that abuts him incorporates into her yard area and did not feel the proposed pole barn would obstruct her views. He also stated that although his request is for a 30’x40’ detached structure he would be content with a smaller structure. Mr. Mendoza stated the variance requested a specific height and square footage and that the Board needs to base their decision on the information presented on the application. He also felt that both proposals did not meet the criteria for the findings of fact for question #2 stating that although the adjacent lot was vacant, it is platted as a buildable lot that could be sold and a home constructed on it and for question #3 stating that the zoning ordinance has been drafted to encourage accessory structures measuring 864 sq. ft. A rendering of the proposed structure was available which included a 2nd story that he proposed to use as a work shop after he retires. Mr. Waldrop was not comfortable with the 2nd story stating that it could be converted into living space in the future. Mr. Ramos inquired how an existing 2-story garage was allowed in the neighborhood and the Board could not address his concerns without researching the property records. Mrs. Ramos inquired as to the City allowing two modular homes within their subdivision. Mr. Lollis made a motion to Deny Petition 14-07A including all discussion and findings of fact, seconded by Mr. Jackson. All ayes, motion carried. (5-0) 3. 14-08 Andrew Thomas, 6263 Grand Blvd. (Owner/Petitioner) for property at 1148 Garfield Street located on the NW corner of Garfield & 12th Streets, zoned R-2, 0.43 acre Request: Public Hearing: A petition request for a Developmental Standards Var. Sec. 154.047 (A)(1) Purpose: To allow Lot 1 of a proposed 2-lot subdivision to vary from the minimum 10,000 sq. ft. area & an 80’ minimum width at the building line to 8,750 sq. ft. minimum area & 70’ width at the building line. Approved X Denied __ Deferred __ Vote 4-0 Mr. Allen abstained. Andrew Thomas, 6263 Grand Blvd. requested to combine three (3) existing 50’x125’ lots to create a 2-lot subdivision of a 70’x125’ and an 80’x125’ lot. An existing structure will be located on the 70’x125’ lot and the vacant 80’x125’ could be sold in the future as a buildable lot. Mr. Waldrop opened and closed the Public Hearing for Petition 14-08 without public comments. Mr. Mendoza reminded the Board making their motion is based on meeting all three criteria’s of the findings of fact and that question #3 was met since at the time the lots were platted the zoning requirements were not at the current standards. Page 3 BZAmin 6/5/14 Mr. Lollis made a motion to Approve Petition 14-08 including all discussion and findings of fact, seconded by Mr. Jackson. All ayes, motion carried. (4-0) 4. 14-09 David Wilson (Owner/Petitioner) 989 Starboard Ct. located 200’ north from the NE corner of Starboard Ct. & 10th Street, zoned R-1, 0.55 acre Request: Public Hearing: A petition request for a Developmental Standards Var. Sec. 154.006 (G)(5)(a) Purpose: To extend a 6’ privacy fence past the front of the house 12’ into the front yard Approved X Denied __ Deferred __ Vote 5-0 David Wilson, 989 Starboard Ct. noted his request was for a 5’ wrought iron fence. He stated a fence, shed and pool were approved in 2005 by a prior owner and that the utility lines, retaining wall and the landscaping were installed based on the location of the original fence. He was unaware his property was in violation of the code until he removed the original fence and had applied for and denied permit to install the wrought iron fence. Mr. Waldrop opened the Public Hearing for Petition 14-09. Mr. Jackson read a statement submitted by Carol Shingler, 991 Starboard Ct., 942-8668, stating she did not have any objections to this fence. Hearing no further public comments Mr. Waldrop closed the Public Hearing for Petition 14-09. Mr. Allen made a motion to Approve Petition 14-09 contingent upon not to exceed 6’ including all discussion and findings of fact, seconded by Mr. Lollis. All ayes, motion carried. (5-0) Consultation/Discussion: None There being no further comments or discussion Mr. Allen made a motion to adjourn, seconded by Mr. Zoladz. All ayes, motion carried. (5-0) Meeting adjourned at 6:35 p.m. ______________________________________ _________________________________ Dan Waldrop, Chairman Ron Jackson, Secretary Page 4 BZAmin 6/5/14