Board of Zoning Appeals

CITY OF HOBART BOARD OF ZONING APPEALS MINUTES OF SEPTEMBER 4, 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. Stuart Allen. Member absent: Mr. Greg Lollis. 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 made a motion to approve the minutes of August 7, 2014 as presented, seconded by Mr. Zoladz. All ayes, motion carried. (4-0) Communications/Acceptance of Agenda: Agenda was accepted as presented. New Business 1. 14-15 Elinor Davis (Owner)/Rod Johnson (Petitioner) for property located at 4751 E. 61st Avenue, zoned R-3, 77 acres +/- Request: Public Hearing: Use Variance Sec. 154.092 Purpose: To allow selling off-site produce Favorable Rec. X Unfavorable Rec. __ Deferred __ Vote 4-0 Mr. Rodney Johnson, Jr., 41N 650W, Johnson’s Farm Produce, 8960 E. Ridge Road. Mr. Johnson explained 15 years ago a family member purchased the property and sold produce that were grown on the premises. The property owner contacted the Johnsons to sell their strawberries on 61st Avenue and prior to the owner’s death requested they continue to sell their produce. He stated that although the produce the Johnsons sell is not grown at this location, he was under the assumption a relative was granted approval to sell the produce. Mr. Waldrop opened the Public Hearing for Petition 14-15. Marie Fortier, 2001 E. 57th Avenue did not oppose to the selling of the produce but had concerns regarding the traffic and inquired to installing a stop sign as vehicles enter onto 61st Avenue. Jennifer Johnson, 2319 E. 9th Place compared the entrance/exit to a residential driveway. Hearing no further public comments Mr. Waldrop closed the Public Hearing for Petition 14-15. Mr. Johnson noted there has never been an accident and Mr. Jackson contacted the police department and was told an accident has not been reported as a result of vehicles entering or exiting from the produce stand. Discussion ensued regarding common sense when pulling out onto an arterial road. Discussion continued regarding to the street cut width located on the property and future designs for the intersection for the proposed 61st Avenue project. Mr. Allen made a motion for a Favorable Recommendation to the Common Council for Petition 14-15 with the following conditions: an annual open lot selling permit is obtained, not to expand on the existing 8’x16’ w/8’ awning produce stand, not to exceed the seasonal months of operation from June 1st to October 31st, not to operate during the 61st Avenue construction project, to discontinue operation if the agricultural land use changes from Arizona Street east to the existing produce stand and City Engineer’s review and approval for future street cut width on 61st Avenue including all discussion and findings of fact, seconded by Mr. Jackson. All ayes, motion carried. (4-0) Consultation/Discussion: None There being no further comments or discussion Mr. Zoladz made a motion to adjourn, seconded by Mr. Jackson. All ayes, motion carried. (4-0) Meeting adjourned at 6:40 p.m. _________________________________ _________________________________ Dan Waldrop, Chairman Ron Jackson, Secretary 2