Board of Zoning Appeals

CITY OF HOBART BOARD OF ZONING APPEALS MINUTES OF OCTOBER 1, 2015 Mr. Dennis Zoladz called the meeting to order at 6:02 p.m. with the recitation of the Pledge of Allegiance. Members in attendance: Mr. Dennis Zoladz, Mr. Ron Jackson, Mr. Mark Kopil and Mr. Stuart Allen. Member absent: Mr. Dan Waldrop. Also present were 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 July 2, 2015 minutes as presented, seconded by Mr. Kopil. All ayes, motion carried. (4-0) Communications/Acceptance of Agenda: Mr. Allen made a motion to approve the agenda as presented, seconded, Mr. Kopil. All ayes, motion carried. (4-0) New Business 1. 15-08 Marcia Ruess (Petitioner/Owner) 103 N. Ash St. located SE of Ash St. & Home Ave. intersection, Sec. 154.358 (E) (3), zoned R-2, 1.32 acre Request: Public Hearing: Developmental Standards Variance Purpose: To exceed the permitted 1 street cut access for a proposed circular driveway Granted X Denied __ Deferred ___ Vote 4-0 Marcia Ruess, 600 W. Home Avenue, mentioned they are currently constructing a new home on a dead end street and requested a circular driveway for the ease of traffic and space. Ed Duncan, Duncan Home Improvements: Mr. Duncan is the contractor for the Ruess’ and noted there is a circular driveway on the property to the south and that there were no sidewalks or curbs on this 2 block street. Grading of the property will cause water runoff to flow to the north. Mr. Duncan explained that due to the placement of the meter unit by the water company, the northern proposed driveway will measure 20’ from the intersection rather than the required 30’. Mr. Gralik felt there is the lack of traffic control signs at the intersection of Ash St. & Home Ave. and noted it will need to be rectified. Mr. Zoladz opened the Public Hearing for Petition 15-08. Manny Rodriguez, 38 N. Ash Street: Mr. Rodriguez stated he was in favor of the proposed request which will provide parking in the driveway and out of the street. Tom Markovich, 28 N. Ash Street: Mr. Markovich was in favor the proposed request, citing the same reasons as parking on an already narrow street. Hearing no further comments from the public Mr. Zoladz closed the Public Hearing for Petition 15-08. Mr. Allen made a motion to Approve Petition 15-08 including all discussion and findings of fact, seconded by Mr. Jackson. All ayes, motion carried. (4-0) 2. 15-09 Donald & Pamela Bowman (Petitioner/Owner) 333 W. 3rd St. located 40’ east from the SE corner of 3rd & Ash Streets, Sec. 154.042 (A)(1), zoned R-2, 0.55 acre Request: Public Hearing: Use Variance Purpose: To allow 4 existing rental units Favorable Rec. X Unfavorable Rec. ___ Deferred ___ Vote 4-0 Don & Pam Bowman, 436 E. 1174 N., Chesterton. Mr. Bowman stated that he believed the four units were permitted 30 years ago. They stated they purchased the property in 1979 at which time, there were 2 existing apartments on the 2nd floor. They proceeded to added 2 more apartments in which Mr. Bowman stated he obtained permits and inspections from the City. There are 5 electric & gas meters on the building. Mr. Mendoza mentioned that according to building department records the only permits that were obtained were in 4/24/78 to repair the existing building, by the previous owner, and in 9/3/85 for aluminum siding & the mansard roof by Mr. Bowman. There are no records for additional apartments or occupancies. He stated that the Petitioner was requesting that the City recognize the current 4-unit apartments through a use variance. He stated there are concerns that permits were not obtained, inspections were not made and occupancies were not issued for the building. He also noted City records indicate only one sewer bill with four garbage bills being sent to the building. Mr. Gralik expressed his concern saying that an additional tap fee would have been required for the additional sewage. Mr. Zoladz opened and closed the Public Hearing for Petition 15-09 without public comment. Mr. Kopil made a motion for a Favorable Recommendation to the Common Council for Petition 15-09 contingent upon becoming compliant with all inspections for the building, electrical, plumbing, sanitary and fire including all discussion and findings of fact, seconded by Mr. Allen. All ayes, motion carried. (4-0) 3. 15-09A Donald & Pamela Bowman (Petitioner/Owner) 333 W. 3rd St. located 40’ east from the SE corner of 3rd & Ash Streets, Sec. 154.042 (A)(1), zoned R-2, 0.55 acre Request: Public Hearing: Use Variance Purpose: To convert a 4 unit rental building to a proposed 5 unit Favorable Rec. ___ Unfavorable Rec. X Deferred ___ Vote 4-0 Page 2 BZAmin 10/1/15 Don & Pam Bowman, 436 E. 1174 N. Chesterton requested to convert warehouse space into a 700 sq. ft. apartment with a 1-car garage with access from the rear of the building. It was noted there was adequate parking for the units on the property. Mr. Mendoza reminded the Board that permitting this request would set precedence. Mr. Zoladz opened and closed the Public Hearing for Petition 15-09A without public comment. Mr. Allen felt that denying this request would not create a hardship for the petitioners. Mr. Allen made a motion for an Unfavorable Recommendation to the Common Council for Petition 15-09A including all discussion and findings of fact, seconded by Mr. Kopil. All ayes, motion carried. (4-0) Staff Consultation/Discussion: None Hearing no further comments or discussion Mr. Jackson made a motion to adjourn, seconded by Mr. Kopil. All ayes, motion carried. (9-0) Meeting adjourned at 6:46 p.m. _________________________________ _______________________________ Dennis Zoladz, Vice Chairman Ron Jackson, Secretary Page 3 BZAmin 10/1/15