Board of Zoning Appeals

CITY OF HOBART BOARD OF ZONING APPEALS MINUTES OF MAY 7, 2015 Mr. Dan Waldrop called the meeting to order at 6:00 p.m. followed by the Pledge of Allegiance. Members in attendance: Mr. Dan Waldrop, Mr. Dennis Zoladz and Mr. Greg Lollis. Members absent: Mr. Ron Jackson and Mr. Stuart Allen. Also in attendance: Mr. Phil Gralik, City Engineer; Mr. Sergio Mendoza, City Planner and Ms. Joy Respecke, Recording Secretary. Also absent: Mr. Carroll Lewis, Zoning Administrator. Approval of Minutes: Mr. Lollis made a motion to approve the minutes of February 5, 2015 as presented, seconded by Mr. Zoladz. All ayes, motion carried. (3-0) Communications/Acceptance of Agenda: Mr. Lollis made a motion to approve the agenda as presented, seconded by Mr. Zoladz. All ayes, motion carried. (3-0) New Business 1. 15-02 View Outdoor Advertising LLC/Matt Felder (Petitioner/Agent) located on Family Express property on the SW corner of Ridge Rd. & County Line Rd., Sec. 154.173 (B)(1), zoned B-3, 1.817 acre . Request: Public Hearing: Conditional Use Purpose: A proposed 300 sq. ft. double sided LED billboard 35’ in height Approved ___ Denied X Deferred __ Vote 3-0 Matt Felder, Real Estate Manager for View Outdoor Advertising, 1000 E. 80th Avenue, Ste. 700N, Merrillville requested to construct a billboard on the Family Express property. He mentioned that after researching 37th Avenue, Ridge Road/US 6 he found the area it to be under served with advertising billboard signs, noting the closest existing billboards to be approximately 1 mile to the east and west of the proposed requested site. He also mentioned that by providing LED billboards provides faster and a more convenient process of advertising as well as public service announcements and amber alerts. The location of the sign will not impede or affect residential properties. Mr. Waldrop opened the Public Hearing for Petition 15-02. Bob Fulton, 717 S. Washington Street: Mr. Fulton inquired to the close proximity of the proposed billboard to the intersection where it could create either a poor decision to be made by drivers distracted by the sign or interfere with the recognition of color in reacting at the signalized intersection. After hearing no further public comments Mr. Waldrop closed the Public Hearing for Petition 15-02. Mr. Felder noted the Federal Highway Authority conducted a study and found no additional distractions between other types of billboard signs and LED billboards. Mr. Waldrop included the Plan Commission’s referral of determination to the BZA from the April 2nd meeting. It was noted that the Master Plan was amended to include Ord. 2012-04 which states that in a B-3 zoning district (1) Advertising signs (billboards); should be located in areas of dense commercial development. Billboards should not be located east of Colorado Street along the US 30/Lincoln Highway/81st Avenue corridor. Billboards should not be located east of Liverpool Street along the SR6/37th Avenue/Ridge Road corridor. Mr. Ehrhardt made a motion for an Unfavorable Referral of Determination to the BZA as it would have a negative impact to the Master Plan for Petition 15-05 including all discussion and findings of fact, seconded by Mr. Rodriguez. All ayes, motion carried. (7-0) Mr. Lollis made a motion to Deny Petition 15-02 based on the Plan Commission’s recommendation including all discussion and findings of fact, seconded by Mr. Zoladz. All ayes, motion carried. (3-0) 2. 15-03 View Outdoor Advertising LLC/Matt Felder (Petitioner/Owner) 3412 E. 81st Ave. located approx. 700’ east of Colorado St. & the north side of US 30, Sec. 154.173 (B)(1), zoned B-3, 0.83 acre. Request: Public Hearing: Conditional Use Purpose: Proposing to convert a tri-vision face to an LED display face on an existing billboard sign Approved X Denied __ Deferred __ Vote 3-0 Matt Felder, Real Estate Manager for View Outdoor Advertising, 1000 E. 80th Avenue, Ste. 700N, Merrillville requested to upgrade the existing billboard from a tri-wave face to LED. There will be no changes to the size, height or structure. He added that in addition to advertising, the billboard will offer public service announcements and amber alerts. Mr. Waldrop opened and closed the Public Hearing for Petition 15-03 without public comments. The Plan Commission’s referral of determination to the BZA from the April 2nd meeting follows: Mr. Mendoza noted the original tri-vision billboard sign was approved in 2006 and that in 2007 a petition was filed requesting an upgrade to an LED display. As directed by the petitioner, the request was removed from the agenda. He once again noted the Master Plan was amended to include Ord. 2012-04 which states that in a B-3 zoning district (1) Advertising signs (billboards); should be located in areas of dense commercial development. Billboards should not be located east of Colorado Street along the US 30/Lincoln Highway/81st Avenue corridor. Billboards should not be located east of Liverpool Street along the SR6/37th Avenue/Ridge Road corridor. Mr. Ehrhardt made a motion for an Unfavorable Referral of Determination to the BZA as it would have a negative impact to the Master Plan for Petition 15-06 including all discussion and findings of fact, seconded by Mr. Liss. All ayes, motion carried. (7-0) Page 2 BZAmin 5/7/15 After considerable discussion, Mr. Lollis mentioned that the ordinance’s intent is to prevent further construction of billboards in certain areas but that the billboard will continue to exist whether it was approved for the LED face upgrade and that the petition request is a technological upgrade. Mr. Lollis made a motion to Approve Petition 15-03 including all discussion and findings of fact, seconded by Mr. Zoladz. All ayes, motion carried. (3-0) Staff Consultation/Discussion: Mr. Zoladz stated the Board approved a billboard sign on the SE corner of Maxwell Street & Ridge Road on June 6, 2013 for View Outdoor Advertising contingent upon submitting a landscape plan with the permit request. He noted that although the lot has been cleaned up, there is still no landscaping in place. Mr. Felder stated the lot will be seeded and trees planted within 30 days. There being no further discussion or comments Mr. Lollis made a motion to adjourn, seconded by Mr. Zoladz. All ayes, Motion carried. (3-0) Meeting adjourned at 6:40 p.m. ______________________________ _______________________________ Dan Waldrop, Chairman Attest: Page 3 BZAmin 5/7/15