Board of Zoning Appeals

CITY OF HOBART BOARD OF ZONING APPEALS MINUTES OF DECEMBER 3, 2015 Dan Waldrop called the meeting to order at 6:05 p.m. with the recitation of the Pledge of Allegiance. Members in attendance: Dan Waldrop, Dennis Zoladz, Ron Jackson, Mark Kopil and Stuart Allen. Also in attendance: Phil Gralik, City Engineer; Sergio Mendoza, City Planner; Carroll Lewis, Zoning Administrator and Joy Respecke, Recording Secretary. Approval of Minutes: Mr. Allen made a motion to approve the minutes of November 5, 2015 as presented, seconded by Mr. Kopil. All ayes, motion carried. (5-0) Communications/Acceptance of Agenda: Mr. Allen made a motion to approve the 2016 BZA meeting schedule, seconded by Mr. Kopil. All ayes, motion carried. (5-0) New Business 1. 15-11 Doris Fesi (Petitioner/Owner) 6226 Avocet Circle, Re: 400 N. Liberty St., located on the NW corner of Liberty & High Streets, Sec. 154.006(G)(5)(a), zoned R-2, 0.18 acre Request: Public Hearing: Developmental Standards Variance Purpose: To encroach approx. 38’ into secondary front yard on a reverse corner lot with a proposed 4’ pvc fence Approved X Denied __ Deferred __ Vote 5-0 Doris Fesi, 6226 Avocet, stated she owns the house on 400 N. Liberty Street and has had it on the market to sell for some time. She feels that it has not sold since it only has a 5’ back yard. The majority of the yard is to the side and front and that there isn’t a safe fenced in area for children to play. Mr. Waldrop opened and closed the Public Hearing for Petition 15-11 without public comments. Mr. Waldrop reopened the public hearing. Mr. Waldrop questioned as to who would install the fence if the variance was approved. Ms. Fesi stated she would take responsibly of installing the fence. Debra Depper, 2875 E. 62nd Place: Ms. Depper, co-worker of Ms. Fesi noted that potential buyers are leery to move forward on property that may be questionable due to boards not allowing proposed structures, etc. Public hearing was closed. Mr. Allen made a motion to Approve Petition 15-11 with the stipulation that the fence will be a white pvc scalloped picket fence 48” maximum height and set back 2’ from the sidewalk including all discussion and findings of fact, seconded Mr. Kopil. All ayes, motion carried. (5-0)  2. 15-12 Robert Kennedy (Petitioner/Owner) 3726 Parker Street located 400’ north from the NW corner of Parker St. & 38th Ave., Sec. 154-006(G)(5)(a), zoned R-2, 0.34 acre Request: Public Hearing: Developmental Standards Variance Purpose: To allow an existing 42” chain link fence remain in the front yard Approved X Denied __ Deferred __ Vote 5-0 Robert Kennedy stated he installed a 42” chain link fence in his front yard unaware of not knowing he was required to obtain a permit. He installed the fence past the front of his house to allow more fenced yard area for his dog and future grandchildren. The house sits back on the lot allowing him no rear yard. The fence conforms to surrounding fencing in the area. Mr. Waldrop opened and closed the Public Hearing for Petition 15-12 without public comments. Mr. Mendoza noted that this variance, as well as the previous petition posed a particular situation on the properties. Mr. Lewis noted that no structures are permitted past the house in the front yard. Mr. Jackson made a motion to Approve Petition 15-12 with the stipulation the fence will remain chain link and set back 5’including all discussion and findings of fact, seconded by Mr. Allen. All ayes, motion carried. (5-0) Staff Consultation/Discussion: None There being no further comments or discussion Mr. Allen made a motion to adjourn, seconded by Mr. Jackson. All ayes, motion carried. (5-0) Meeting adjourned at 6:28 p.m. _________________________________ __________________________________ Mr. Waldrop, Chairman Mr. Jackson, Secretary Page 2 BZAmin 12/3/15