Board of Zoning Appeals

CITY OF HOBART BOARD OF ZONING APPEALS MINUTES OF JULY 2, 2015 Mr. Dan Waldrop called the meeting to order at 6:00 p.m. with the recitation of the Pledge of Allegiance. Members in attendance: Mr. Dan Waldrop, Mr. Dennis Zoladz, Mr. Ron Jackson, Mr. Mark Kopil and Mr. Stuart Allen. Also present: Mr. Phil Gralik, City Engineer; Mr. Sergio Mendoza, City Planner and Ms. Joy Respecke, Recording Secretary. Absent: Mr. Carroll Lewis, Zoning Administrator. Mr. Waldrop welcomed Mr. Kopil to the Board. Approval of Minutes: Mr. Jackson made a motion to approve the minutes of June 4, 2015 as presented, seconded by Mr. Allen. All ayes, motion carried. (5-0) Communications/Acceptance of Agenda: Mr. Mendoza requested to add Christopher Meyers for an update on the Neighborhood Spotlight. Mr. Allen made a motion to approve the agenda as amended, seconded by Mr. Jackson. All ayes, motion carried. (5-0) New Business 1. 15-05 Victoria Gestring (Petitioner/Owner) 604 Ridgelawn Dr. located on the NW corner of Ridgelawn Dr., Sec. 154.007 Definitions (Kennels), zoned R-2, 0.20 acres Request: Public Hearing: Use Variance Purpose: To exceed the permitted 3 dogs by 1 dog for a period of 3 years Favorable Rec. X Unfavorable Rec. __ Deferred __ Vote 4-1 Victoria Gestring, 604 Ridgelawn Dr. requested to be allowed to keep 4 dogs. She stated that 2 dogs belong to her and 2 are owned by her son who is currently serving in the Air Force. She stated he was previously stationed in Florida and has been reassigned to Japan for three (3) years. Mr. Waldrop opened the Public Hearing for Petition 15-05. A letter was submitted and read by Mr. Jackson. A petition request for a Variance of Use to exceed the permitted 3 dogs by 1 dog for a period of 3 years at 604 Ridgelawn Drive located on the NW corner of Ridgelawn Drive and W.39th Ave. Sec. 154.007 definitions (Kennels), zoned R-2, 0.20 acre. Name of owner of dogs is Victoria Gestring. Since I am unable to attend this meeting Thursday, July 2, 2015 I am sending you a written letter stating my concerns. The yard these 4 dogs are in has 2 gates one facing the front of Ridgelawn and the other facing W.39th Ave. The two gates do not have bolt locks on them and many children in the neighborhood attempt to open these gates and the dogs escape their yard. The fencing is tall enough but when the gates are not shut properly these dogs could escape and become harmed or possibly bite either another dog or child. These dogs are not a problem otherwise but any dog that is loose or not contained in their gated and locked gate could get into trouble or get lost. There has been times when two of the dogs are unleashed in their front yard. This is also a problem in the whole neighborhood not just there. Sincerely, Mary Kay Willis 2896 W. 39th Ave. Please do not mention my name to this neighbor because I am friends with them. Hobart, In. 46342 (219)947-1809 Ms. Gestring acknowledged her neighbor’s concerns and had already installed locks on the gates. She also mentioned if she or her family were in the front yard, the dogs are with them and leashed. Otherwise, they are in the fenced rear yard and only outside when someone is home. The dogs range in age from 1 ½ to 6 yrs. and are a golden retriever/lab mix, pit bull, lab/pit bull mix and golden retriever. Mr. Allen made a Favorable Recommendation to the Common Council for Petition 15-05 for the three year period and contingent upon there being no unresolved complaints by neighbors or the City including all discussion and findings of fact, seconded by Mr. Jackson. Motion carried. (4-1) Roll call: Mr. Waldrop, aye; Mr. Zoladz, aye; Mr. Jackson, aye; Mr. Kopil, nay & Mr. Allen, aye. 2. 15-06 David Hill (Petitioner/Owner) 791 Lincoln Street located on the NE corner of Lincoln & 8th Streets, Sec. 154.050, zoned R-2, 0.109 acres Request: Public Hearing: Developmental Standards Variance Purpose: To exceed the permitted 35% building coverage by approx. 8% for the proposed construction of a detached garage & car port Approved X Denied ___ Deferred ___ Vote 5-0 Discussion included Petitions 15-06 & 15-07. Present was David Hill, 791 Lincoln Street. Mr. Gralik expressed his concerns regarding the additional storm water runoff and it was suggested to install a raingarden, rain barrel or a French drain to collect the runoff. Mr. Allen made a motion to Approve Petition 15-06 contingent upon providing adequate storm water detention approved by Mr. Gralik including all discussion and findings of fact, seconded by Mr. Zoladz. All ayes, motion carried. (5-0) 3. 15-07 David Hill (Petitioner/Owner) 791 Lincoln Street located on the NE corner of Lincoln & 8th Streets, Sec. 154.006 (G)(5)(c), zoned R-2, 0.109 acres Request: Public Hearing: Developmental Standards Variance Purpose: To encroach approx. 2’ into the required 3’ minimum distance from rear property line for the proposed construction of a detached garage & car port Approved X Denied ___ Deferred ___ Vote 5-0 Petition was heard prior to and was included in the discussion with Petition 15-06. Mr. Hill requested that due to his lot size of 37’x125’ to continue encroaching 1.82’ into the rear lot line and to exceed the allowed 35% lot coverage. He is proposing to demolish his deteriorating one car detached garage and construct the same size garage using the existing foundation. He also proposed to construct a car port to allow his vehicles to be off the street and under cover. Mr. Waldrop opened and closed the Public Hearing for Petitions 15-06 & 15-07 without public comments. Mr. Allen made a motion to Approve Petition 15-07 including all discussion and findings of fact, seconded by Mr. Jackson. All ayes, motion carried. (5-0) Page 2 BZAmin 7/2/15 Staff Consultation/Discussion: Neighborhood Spotlight/Christopher Meyers: Mr. Meyers provided information on the final Kickoff Report which resulted from 189 individual discussions and 7 group interviews as well as a presentation that was provided by the Indiana Association for Community Economic Development. He stated 2,017 comments were received regarding the Hobart NW Footprint which were broken down into 35 different topics and categorized into 4 areas; strength, weakness, opportunities and threats. He also invited the Board to the working group sessions starting the week of July 20th noting the start of establishing the goals of the Neighborhood Spotlight Program. The Board acknowledged the work Mr. Meyers has put into the program. There being no further comments or discussion Mr. Jackson made a motion to adjourn, seconded by Mr. Allen. All ayes, motion carried. (5-0) Meeting adjourned at 6:40 p.m. ________________________________ ___________________________________ Dan Waldrop, Chairman Ron Jackson, Secretary Page 3 BZAmin 7/2/15