Board of Zoning Appeals

CITY OF HOBART BOARD OF ZONING APPEALS MINUTES OF JULY 3, 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. Allen made a motion to approve the minutes of June 5, 2014 as presented, seconded by Mr. Zoladz. All ayes, motion carried. (5-0) Communications/Acceptance of Agenda: Mr. Lollis made a motion to approve the agenda as presented, seconded by Mr. Allen. All ayes, motion carried. (5-0) New Business 1. 14-10 Ricardo J. Tejeda (Petitioner/Owner) 425 S. Liverpool Rd. located approx. 400’ north from the NE corner of Liverpool Rd. & 49th Ave., zoned R-2, 0.23 acre. Request: Public Hearing: A petition request for a Developmental Standards Var. Sec. 154.006 (G)(5)(a) Purpose: To permit a proposed split-rail fencing to encroach 60’ into the required front yard Approved ___ Denied X Deferred __ Vote 1-4 Ricardo J. Tejeda, 425 S. Liverpool Road, explained he removed an existing deteriorating fence and replaced it for safety concerns to deter the neighborhood children from running across his driveway. Mr. Waldrop opened the Public Hearing for Petition 14-10. Mr. Jackson read a letter received from a neighbor. To Whom It May Concern, June 17, 2014 This letter is in regards to petition #14-10, Split Rail Fencing at 425 S. Liverpool Road. My address is 427 S. Liverpool Rd, few years ago I requested the OK to put black top between Liverpool and the sidewalk and was denied. I was informed the city owns that property and the water cut off valves are located there and the city did not want that area turned into a parking area due to the obstruction of the view to oncoming traffic. The lady was very clear this would not be approved. A few years ago Mr. Tejeda was given permission, and yes it’s very hard to see oncoming traffic. Not sure why he was able to do this and I wasn’t. Three to four years ago I walked into the office and requested to put white PVC fence 3ft tall from the side of my house on my property line and was denied. I was told I could not put any fencing up from the front of my house and garage to the sidewalk. I feel if it’s ok for Mr. Tejeda I should be able to put my fencing up. Sincerely, John Collins Mr. Mendoza noted that if there had been a previous fence, it was constructed without a permit and illegally as City records indicate a fence permit was never applied for. It was also found that the existing fence was constructed without approval and is in violation of code. He felt that approval of the fence may set precedence for other properties in that area. He also felt that a live landscaping fence (hedge) will address his concerns to stop the neighbor’s children from entering onto his driveway. Mr. Allen felt the fence would separate the division of the driveways in which Mr. Mendoza responded by saying that the petitioner’s driveway had been widened causing the driveways to be closer. Hearing no further comments from the public Mr. Waldrop closed the Public Hearing for Petition 14-10. Mr. Lollis made a motion to Deny Petition 14-10 including all discussion and findings of fact, seconded by Mr. Jackson. Motion carried. (4-1) Roll call: Mr. Lollis, aye; Mr. Jackson, aye; Mr. Waldrop, aye; Mr. Zoladz, aye and Mr. Allen, nay. 2. 14-11 Joseph Leonard (Petitioner/Owner) 1100 W. 7th Place located 0.2 miles west from the NW corner of 7th Pl. & Wisc. St., zoned R-2, 0.79 acres. Request: Public Hearing: A petition request for a Developmental Standards Var. Sec. 154.358 (F) Purpose: To permit a proposed 24’x35’ asphalt parking pad in required front yard Approved X Denied __ Deferred __ Vote 4-0 Petition heard with companion Petition 14-11A Mr. Waldrop abstained. Mr. Jackson made a motion to Approve Petition 14-11 including all discussion and findings of fact, seconded by Mr. Allen. All ayes, motion carried. (4-0) 3. 14-11A Joseph Leonard (Petitioner/Owner) 1100 W. 7th Place located 0.2 miles west from the NW corner of 7th Pl. & Wisc. St., zoned R-2, 0.79 acres. Request: Public Hearing: A petition request for a Developmental Standards Var. Sec. 154.357 (A) Purpose: To permit a proposed 24’x35’ parking pad on the owner’s adjacent lot Approved X Denied __ Deferred __ Vote 4-0 Joseph Leonard, 1100 W. 7th Place explained that the graveled parking area existed 30 years prior to his purchasing the property and requested to improve the area with an asphalt pad to allow additional parking not only for his use, but when he has company it will alleviate street parking. He stated that when his truck is parked in front of the garage in the driveway, it extends into the street. Mr. Waldrop opened the Public Hearing for Petition 14-11 & 14-11A. Page 2 BZAmin 7/3/14 Jim Mandon, 5535 Liverpool Rd. felt that due to the topography of the property, the grade differential slopping down to the lake required the house and garage to be located closer to the street. He felt a hardship occurs because of the topography and location of the house and was in favor of the requests. Roland Cormier, 1108 W. 7th Place spoke in favor of the petitions. He agreed that the graveled area has existed for several years and also contests that his vehicle extends into the street when parked in his driveway. Hearing no further public comments Mr. Waldrop closed the Public Hearings for Petitions 14-11 & 14-11A. Mr. Lewis noted that Lot 13 has 100’ of frontage and is considered a buildable lot for a residential structure and with the variance being tied to the land, front yard parking would be allowed on that lot should it be sold. Mr. Mendoza noted that both of the petitions provided a hardship due to the topography of the land and the limitations of available parking. Mr. Waldrop abstained. Mr. Jackson made a motion to Approve Petition 14-11A including all discussion and findings of fact, seconded by Mr. Allen. All ayes, motion carried. (4-0) 4. 14-12 Justin Sawicki (Petitioner/Owner) 1516 W. 4th Street located approx. 400’ East from the NE corner of 4th & Wabash Streets, zoned R-1, 0.38 acre. Request: Public Hearing: A petition request for a Developmental Standards Var. Sec. 154.006 (F)(7) Purpose: To exceed the allowed 864 sq. ft. for accessory structures by 107 sq. ft. for a 12’x12’ shed Approved X Denied __ Deferred __ Vote 5-0 Justin Sawicki, 1516 W. 4th Street proposed to construct a 12’x12’ storage shed in his rear yard. Mr. Waldrop opened and closed the Public Hearing for Petition 14-12 without public comment. Mr. Mendoza reviewed and found the findings of fact were met noting the proposed shed will not render the property and is within the allowable two accessory structures limit. Mr. Allen made a motion to Approve Petition 14-12 including all discussion and findings of fact, seconded by Mr. Jackson. All ayes, motion carried. (5-0) Page 3 BZAmin 7/3/14 Consultation/Discussion: None There being no further comments or discussion, Mr. Lollis made a motion to adjourn, seconded by Mr. Allen. All ayes, motion carried. (5-0) Meeting adjourned at 6:45 p.m. __________________________________ _____________________________________ Dan Waldrop, Chairman Ron Jackson, Secretary Page 4 BZAmin 7/3/14