Board of Zoning Appeals

CITY OF HOBART BOARD OF ZONING APPEALS MINUTES OF JANUARY 5, 2017 Stuart Allen called the meeting to order at 6:05 p.m. with the recitation of the Pledge of Allegiance. Members in attendance: Stuart Allen, Mark Kopil, Ron Jackson, Maria Galka and Scott Gregory. Also in attendance: Phil Gralik, City Engineer; Sergio Mendoza, City Planner; Carroll Lewis, Zoning Administrator and Joy Respecke, Recording Secretary. Election of Officers: Ms. Galka made a motion to retain the 2016 officers seconded by Mr. Gregory. All ayes, motion carried. (5-0) Stuart Allen, Chairman; Mark Kopil, Vice-Chairman and Ron Jackson, Secretary Approval of Minutes: Mr. Jackson made a motion to approve the minutes of December 1, 2016 as presented, seconded by Mr. Kopil. All ayes, motion carried. (5-0) Communications/Acceptance of Agenda: Ms. Galka made a motion to approve the agenda as presented, seconded by Mr. Jackson. All ayes, motion carried. (5-0) VII. New Business 1. 17-01 Ronald Anderson (Petitioner/Owner) 5303 E. 61st Ave., located 800’ west from the Wisconsin St. & 61st Ave. roundabout, Sec. 154.006(F)(5), zoned R-1, 1.039 acres. Request: Public Hearing: Developmental Standards Variance Purpose: To exceed the permitted 2,163 sq. ft. by 429 sq. ft. for a proposed 36’x56’ pole barn Approved X Denied __ Deferred __ Vote 5-0 Ron Anderson, 5303 E. 61st Avenue, 942-8362 proposed to construct a 36’x56’ pole barn. He requested to exceed the allowed 2,163 square footage by 429 square foot and the 15’ height by 1’4”. Mr. Allen opened and closed the public hearing without public comments. Mr. Jackson made a motion to Approve Petition 17-01 including all discussion and Findings of Fact, seconded by Mr. Gregory. All ayes, motion carried. (5-0) 2. 17-02 Ronald Anderson (Petitioner/Owner) 5303 E. 61st Ave., located 800’ west from the Wisconsin St. & 61st Ave. roundabout, Sec. 154.006(F)(3), zoned R-1, 1.039 acres. Request: Public Hearing: Developmental Standards Variance  Purpose: To exceed the permitted 15’ accessory building height by 1’4” for a proposed 36’x56’ pole barn Approved X Denied __ Deferred __ Vote 5-0 Mr. Allen opened and closed the public hearing without public comments. Mr. Jackson made a motion to Approve Petition 17-02 including all discussion and Findings of Fact, seconded by Ms. Galka. All ayes, motion carried. (5-0) 3. 17-03 Joe & Donna Gospodarek (Petitioner/Owner) 2290 E. 9th Place for property at 705 Colonial Dr. located on the SE corner of Colonial Dr. & 37th Ave. Sec. 154.172(D), zoned B-3, 0.53 acre. Request: Public Hearing: Use Variance Purpose: To allow multi-family residential in a B-3 zone Favorable Rec. ____ Unfavorable Rec. X Deferred ___ Vote 3-2 Present were Joe & Donna Gospodarek, 2290 E. 9th Pl., 947-2723. Ms. Gospodarek noted upon purchasing the property in 2005 the previous owner occupied the upper level as her residence and the lower level was utilized with an area for ceramic classes and 1 bedroom. After purchasing the property they operated a crisis center in the lower level and rented out the upper level apartment. They are requesting a Use Variance to allow a prospective buyer to maintain the property as strictly residential. Mr. Allen opened and closed the public hearing without public comments. Discussion ensued regarding Mr. Gospodarek converting the upstairs apartment into 2 units by constructing a wall. Permits were not obtained nor were inspections conducted for interior work. Concerns were also addressed regarding whether the interior violated any building codes when the renovation was completed in 2006. Mr. Mendoza reminded the board of a similar request in which was given a favorable recommendation to the Common Council contingent upon the property be brought into compliance by obtaining permits for the renovations. He also noted that their decision is to be based on the Findings of Fact. Ms. Galka made a motion for an Unfavorable Recommendation to the Common Council due to Question #5 in the Findings of Fact is that the proposed multi-residential use interferes substantially with the Comprehensive Plan Future Land Use Map for Petition 17-03 including all discussion and Findings of Fact, seconded by Mr. Kopil. Motion carried (3-2) Roll call: Mr. Allen, aye; Mr. Kopil, aye; Ms. Galka aye; Mr. Jackson, nay; Mr. Gregory, nay 4. 17-04 View Outdoor Advertising LLC/Attorney Richard Anderson (Petitioner/Agent) for property located west of I-65 & approx. 1/3 mile north of 49th Ave., Sec. 154.380(B), zoned M-1, 3.6 acres. Request: Public Hearing: Developmental Standards Variance Page 2 BZAmin 1/5/17  Purpose: To exceed the permitted 100 sq. ft. for billboards by 1,244 sq. ft. Approved X Denied __ Deferred __ Vote 3-1 Mr. Gregory abstained. Representing View Outdoor Advertising was Attorney Mike Anderson, 9211 Broadway, Merrillville, 769- 1892. Mr. Anderson requested a proposed a 14’x48’ standard industry billboard sign along I-65 on a parcel with an existing 14’x48’ billboard sign west of I-65. Billboard signs are permitted in an M-1 zoning district but restricted to 100 sq. ft. The request was based on the combined square footage of the proposed billboard and the existing billboard total 1,344 sq. ft. Mr. Mendoza clarified that the public hearing information was advertised correctly but that after companion applications 17-04 & 17-05 were filed several partials divided by I-65 were combined into a 1-lot subdivision. Discussion ensued and the request was amended from 1,244 sq. ft. (total of existing billboard and proposed billboard) to 572 sq. ft. for only the proposed billboard. Mr. Allen opened the public hearing for Petition 17-04. Eric Bird, Shirley Heinze Land Trust, 109 700 N, Valparaiso: Mr. Bird questioned whether the proposed billboard will be located on the Shirley Heinze property and was informed it was not. Hearing no additional public comments Mr. Allen closed the public hearing. Mr. Jackson made a motion to Approve Petition 17-04 including all discussion and Findings of Fact, seconded by Ms. Galka. Motion carried. (3-1) Mr. Kopil, nay 5. 17-05 View Outdoor Advertising LLC/Attorney Richard Anderson (Petitioner/Agent) for property located west of I-65 & approx. 1/3 mile north of 49th Ave., Sec. 154.380(C)(1), zoned M-1, 3.6 acres. Request: Public Hearing: Developmental Standards Variance Purpose: Based on lineal frontage of the lot, is proposing to exceed the permitted 160 sq. ft. of signage by 1,184 sq. ft. Approved X Denied __ Deferred __ Vote 3-1 Mr. Gregory abstained. Representing View Outdoor Advertising was Attorney Mike Anderson, 9211 Broadway, Merrillville, 769- 1892. Based on the multiple parcels now recognized as a 1-lot subdivision, the request is amended to increase the proposed square foot signage from 1,184 sq. ft. to 1,856 sq. ft. which includes an additional billboard on the east side of I-65. Mr. Allen opened and closed the public hearing without comments. Mr. Jackson made a motion to Approve Petition 17-05 including all discussion and Findings of Fact, seconded by Ms. Galka. Motion carried. (3-1) Mr. Kopil, nay Staff Consultation/Discussion: None Page 3 BZAmin 1/5/17 There being no further discussion or comments Mr. Jackson made a motion to adjourn, seconded by Mr. Kopil. All ayes, motion carried. (5-0) Meeting adjourned at 7:00 p.m. ______________________________ ___________________________ Stuart Allen, Chairman Ron Jackson, Secretary Page 4 BZAmin 1/5/17