Board of Zoning Appeals

CITY OF HOBART BOARD OF ZONING APPEALS MINUTES OF JULY 7, 2016 Dan Waldrop called the meeting to order at 6:02 p.m. with the recitation of the Pledge of Allegiance. Members in attendance: Dan Waldrop, Dennis Zoladz, Ron Jackson and Stuart Allen. Member absent: Mark Kopil. Also in attendance: Sergio Mendoza, City Planner; Carroll Lewis, Zoning Administrator and Joy Respecke, Recording Secretary. Also absent: Phil Gralik, City Engineer Approval of 2015 Annual Report: Mr. Allen made a motion to approve the annual report as presented, seconded by Mr. Zoladz. All ayes, motion carried. (4-0) Approval of Minutes: Mr. Jackson made a motion to approve the January 7, 2016 minutes as presented, seconded by Mr. Allen. All ayes, motion carried. (4-0) Communications/Acceptance of Agenda: Mr. Waldrop requested Petitions 16-02 & 16-03 be removed from the agenda. Mr. Allen made a motion to approve the agenda as amended, seconded by Mr. Jackson. All ayes, motion carried. (4-0) New Business 1. 16-02 Margaret Anne (Remenius) Denton (Petitioner/Owner) 4375 14th Lane located .23 mile west from Liverpool Rd. & 14th Ln. intersection, Sec. 154.006 (F)(7), zoned R-2, 0.37 acre Request: Public Hearing: Developmental Standards Variance Purpose: To exceed the permitted 864sf for accessory structures by 534sf for proposed 21’x30’ green house Approved ___ Denied __ Deferred __ Vote ___ Petition removed at acceptance of agenda as requested by Petitioner. (Letter in file) 2. 16-03 Margaret Anne (Remenius) Denton (Petitioner/Owner) 4375 14th Lane located .23 mile west from Liverpool Rd. & 14th Ln. intersection, Sec. 154.006 (F)(7), zoned R-2, 0.37 acre Request: Public Hearing: Developmental Standards Variance Purpose: To exceed the permitted 2 accessory structures by 1 for a proposed 21’x30 green house Approved ___ Denied __ Deferred __ Vote ___ Petition removed at acceptance of agenda as requested by Petitioner. (Letter in file)  3. 16-04 Barbara Kaiser (Petitioner/Owner) 59 Goldenrod Dr., Valparaiso for property located approx. 1/3 mile north of 49th Ave. & east and west of I-65, Sec. 154.173, zoned R-2, 3.1 acres Request: Public Hearing: Conditional Use Purpose: To allow a proposed billboard on property Approved ___ Denied X Deferred __ Vote 2-3 Mr. Gralik arrived at 6:06 p.m. Barbara Kaiser, 59 Goldenrod Dr., Valparaiso noted she will appear before the Plan Commission following this meeting to rezone her R-2 property to B-3 to conform to the surrounding properties. The property has been family owned since 1948 and with the installation of I-65 in the 60s, the property was split into two parcels. She is requesting to install a billboard on the northwest portion of the property. The property on the southeast of I-65 has an existing billboard. Mr. Waldrop opened and closed the public hearing for Petition 16-04 without public comment. Mr. Kopil arrived at 6:08 p.m. and inquired as to why Ms. Kaiser was requesting a variance instead of filing for a rezone. Mr. Mendoza explained Ms. Kaiser was appearing at the Plan Commission meeting after this meeting to petition for a rezone to B-3 and also a referral of determination from the Plan Commission to the BZA for the conditional use. Billboards are a permitted use in a B-3 with a favorable recommendation from the Plan Commission and approval from the Common Council. He mentioned that should the BZA approve the conditional use request, it would be contingent upon the Plan Commission’s recommendation. Mr. Jackson made a motion to Approve Petition 16-04 including all discussion and findings of fact, seconded by Mr. Zoladz. (2-3) Roll Call: Mr. Jackson, Yea; Mr. Zoladz, Yea; Mr. Kopil, Nay; Mr. Allen, Nay; Mr. Waldrop, Nay. Motion Failed for Petition 16-04 4. 16-05 Thomas Seed (Petitioner/Owner) 600 Water Street located on the west of the 6th & Water St. curve, Sec. 154.006.(F)(7), zoned R-2, 0.38 acre Request: Public Hearing: Developmental Standards Variance Purpose: To exceed the permitted 864sf for accessory structures by 121.69sf for a proposed 24’x30’ detached garage Approved X Denied __ Deferred __ Vote 5-0 Tom Seed, 600 Water Street requested to constructed a proposed 24’x30’ detached garage. He currently has a historic carriage house on the property that was built in the 1920s. Mr. Waldrop opened and closed the public hearing for Petition 16-05 without public comment. Page 2 BZAmin 7/7/16 Mr. Allen made a motion to Approve Petition 16-05 including all discussion and findings of fact, seconded by Mr. Jackson. All ayes, motion carried. (5-0) 5. 16-06 William Torres (Petitioner/Owner) 123 S. Ohio Street located on the NE corner of Ohio & Devonshire Streets, Sec. 154.006 (G)(5)(a), zoned R-3, 0.16 acre Request: Public Hearing: Developmental Standards Variance Purpose: To encroach into front yard with a proposed 4’ fence Approved X Denied __ Deferred __ Vote 5-0 William Torres, 123 S. Ohio Street requested to encroach into the front yard with a proposed 4’ decorative fence along Ohio Street to provide safety for his small children. Mr. Waldrop opened and closed the public hearing for Petition 16-06 without public comments. Mr. Allen made a motion to Approve Petition 16-06 contingent upon a 4’ maximum height of fence along the alley and Ohio Street and a set back minimum of 2’ from the Ohio Street sidewalk including all discussion and findings of fact, seconded by Mr. Jackson. All ayes, motion carried. (5-0) 6. 16-07 Jeanette P. Sichtermann (Petitioner/Owner) 504 W. 9th Place located 400’ west from the NW corner of 9th Place & Ash Street, Sec. 154.007, zoned R-2, 1.23 acres Request: Public Hearing: Use Variance Purpose: To exceed the permitted 3 dogs/cats to implement “TNR” Program Favorable Rec. ___ Unfavorable Rec. X Deferred ___ Vote 5-0 Jeanette Sichtermann, 504 W. 9th Place mentioned she has been providing food, water and shelter for feral cats in her neighborhood and was requesting a kennel license, of sorts, to allow her to implement a humane “TNR” (trap, spay/neuter,release) Program. She stated she is not associated with a rescue program but has been successful in trapping the cats and taking them to the vet to get spayed/neutered and shots and then releasing them to live their lives. She also noted that feral cats only live 4 to 6 years outside. She has also found homes for several cats and since she has been doing this there has been a decrease of more than half of cats. Mr. Waldrop opened the Public Hearing for Petition 16-07. Sargent Ron Russo, Police Department & Code Enforcement: Sargent Russo stated he answered a complaint in March regarding paper plates littering the neighborhood and stream area. He noted the litter has been cleaned up and there is no code violation other than the issues with the multiple cats. He stated that Ms. Sichtermann has been caring for the cats by providing food, water and shelters for them in the garage and another out building. He added that the open feeding may contribute to other animals, rodents, etc. Page 3 BZAmin 7/7/16 Hearing no further public comments Mr. Waldrop closed the Public Hearing for Petition 16-07. Ms. Sichtermann noted the littering of the paper plates occurred when the wind had blown her toters over. Mr. Waldrop mentioned that other than keeping the mouse population under control, he couldn’t see any positive aspect to her request. He further stated he understood what she was trying to accomplish and respected her compassion for the animals but did not feel this should be allowed to continue in a residential area. Mr. Mendoza mentioned the intent of what Ms. Sichtermann was requesting is more for the compassion for the animals and not classified by definition of a kennel. He questioned the quality of life the cats have other than not being able to breed. Mr. Jackson made a motion for an Unfavorable Recommendation to the Common Council for Petition 16-07 including all discussion and findings of fact, seconded by Mr. Zoladz. 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. Kopil. All ayes, motion carried. (5-0) Meeting adjourned at 7:12 p.m. ____________________________________ ________________________________ Dan Waldrop, Chairman Ron Jackson, Secretary Page 4 BZAmin 7/7/16