Board of Zoning Appeals

CITY OF HOBART BOARD OF ZONING APPEALS MINUTES OF MARCH 2, 2017 Stuart Allen called the meeting to order at 6:04 p.m. with the recitation of the Pledge of Allegiance followed by a moment of silence. Members in attendance: Stuart Allen, Mark Kopil, Ron Jackson, Jason Spain and Scott Gregory. Also in attendance: Phil Gralik, City Engineer; Sergio Mendoza, City Planner, Carroll Lewis, Zoning Administrator and Joy Respecke, Recording Secretary. Approval of 2016 Annual Report: Mr. Kopil motioned to approve the annual report as presented, seconded by Mr. Jackson. All ayes, motion carried. (5-0) Approval of Minutes: Mr. Gregory motioned to approve the minutes of February 2, 2017 as presented, seconded by Mr. Jackson. All ayes, motion carried. (5-0) Communications/Acceptance of Agenda: Mr. Jackson motioned to approve the agenda as presented, seconded by Mr. Spain. All ayes, motion carried. (5-0) New Business 1. 17-08 Shannon Burney (Petitioner/Agent) 7392 Tanager St. pertaining to 97 Bracken Parkway (Barrington Ridge Baptist Church) located at the SE corner of Bracken Parkway & Lake Park Avenue, Sec. 154.044(E), zoned R-2, 7 acres Request: Public Hearing: Use Variance Purpose: To operate a proposed preschool Favorable Rec X Unfavorable Rec __ Deferred __ Vote 3-2 Shannon Burney, 7392 Tanager Street requested to operate a preschool located within the Barrington Ridge Baptist Church. She stated she has co-owned an existing preschool for several years and has been a teacher there for nine years. She proposed the preschool will operate Mondays, Wednesdays & Fridays with morning and afternoon classes for 4 & 5 year olds and on Tuesdays and Thursdays morning and afternoon classes for 3 & 4 year olds and at no point will exceed 20 children per class. She stressed this is a proposed preschool and not a daycare and that going outside is not a part of the daily activities. She did note that should an occasion arise when the children would be outside for a field day, the parents would be present. The classrooms will be separate from the sanctuary. Mr. Allen opened the public hearing for Petition 17-08. SPOKE AGAINST : Dan Topper, 180 Tamarack Dr.: Mr. Topper presented a signed petition by the affected property owners regarding their concerns with the increased traffic conditions on Bracken Parkway, noise from the children when playing outside, the pond (HOA liability), whether the proposed preschool is state licensed, the close proximity of the sale of alcohol at CVS and whether the church is up to code to allow a preschool. Pastor JJ Hairston, 1440 State St.: Pastor Hairston addressed the concerns: traffic would not be an issue due to the size of the classes; there will be no outside recess; the school is a private LLC operated and not a state operated or Christian school and the fire department has inspected the church and found to be up to code. C. Eugene Marker, President of Courtyard HOA: Mr. Marker was opposed to the proposed preschool. He questioned adding additional classes and asked for a statement of responsibility for the children regarding the pond. Was against the increased traffic and felt the need for an additional drive from the church property onto the CVS property. Tim Burney, 7392 Tanager Street: Mr. Burney addressed the concerns by stating the children are only in class 2 ½ hours a day and will not be outside, the class size will not exceed the maximum 20 children, will not impact the traffic onto Lake Park Avenue since it can enter/exit onto Bracken Parkway from Lake Park Avenue or Lincoln Street and CVS holds a special liquor license that exempts them from a specific distance away from a school and will not operate year round following the same schedule as the public schools with summer breaks, holidays, etc. SPOKE IN FAVOR: Benjamin Witt, 307 Main, Hebron, Trustee of the Barrington Baptist Church: Curtis Crum, 7702 Tanager St: Brian Bell, Chair-Deacon, 6394 Coronado Ave., Portage Ms. Flowers, church member Ralph Durnado, 25 W. Cleveland Ave., associate pastor. Hearing no further public comments, Mr. Allen closed the public hearing. Mr. Mendoza noted for the audience that the BZA forwards their recommendation to the Common Council and that the Council makes the final decision. Mr. Gralik did not feel the proposed preschool will create an impact to the traffic as the hours for the classes are off the peak traffic hours of 8 a.m. and 5 p.m. He also was not in favor of a second road cut through the CVS as it would create a more hazardous condition. Mr. Spain noted his concerns in situations when neighbors speak out against a request before the board. Mr. Jackson motioned for a Favorable Recommendation to the Common Council including all discussion and Findings of Fact, seconded by Mr. Gregory. Motion carried. (3-2) Roll Call: Mr. Allen, aye; Mr. Kopil, nay; Mr. Jackson, aye; Mr. Spain, nay and Mr. Gregory, aye. Page 2 BZAmin 3/2/17 Page 3 BZAmin 3/2/17 Page 4 BZAmin 3/2/17 Page 5 BZAmin 3/2/17  2. 17-09 Melissa Webber (Petitioner/Agent) 89 Pembroke Dr. E. pertaining to 3528 St. Joseph Pl. (New Hope Baptist Church) located 800’ north from the NW corner of St. Joseph Pl. & 37th Ave. Sec. 154.044(E), zoned R-1, 1.16 acres Request: Public Hearing: Use Variance Purpose: To operate a proposed preschool Favorable Rec X Unfavorable Rec __ Deferred __ Vote 5-0 Melissa Webber, 89 Pembroke Dr. E., requested to relocate her preschool from its current location at 7545 E. Ridge Road to the proposed location at 3528 St. Joseph Place. Mr. Allen opened the public hearing. Pastor Jeff Spencer, 3324 Burr St. & 3528 St. Joseph Pl. Pastor Spencer stated the church met on January 29th and voted 100% to allow the proposed Bright Minds Preschool to operate within the church. He noted they are able to provide adequate space in the church as there are 2 fellowship areas available, access to 7 or Page 6 BZAmin 3/2/17 8 classrooms, an indoor gymnasium, 2 kitchens to store snacks along with a snack area, students are supervised as they exist and enter their vehicles, traffic flow is available from either St. Joseph Place or 36th Avenue and that the church is up to code after having their fire inspection. He felt this proposed location is better than their current location due to the accommodating space and less traffic than on 37th Avenue. Hearing no further comments Mr. Allen closed the public hearing. Ms. Webber proposed the preschool will operate Mondays, Wednesdays & Fridays with morning and afternoon classes for 4 & 5 year olds and on Tuesdays and Thursdays morning and afternoon classes for 3 & 4 year olds and at no point will exceed 20 children per class. Mr. Kopil motioned for a Favorable Recommendation to the Common Council for Petition 17-09 including all discussion and Findings of Fact, seconded by Mr. Jackson. All ayes, motion carried. (5-0) Staff Consultation/Discussion: None There being no further comments or discussion Mr. Jackson motioned to adjourn, seconded by Mr. Spain. All ayes, motion carried. (5-0) Meeting adjourned at 6:58 p.m. ______________________________________ __________________________________ Stuart Allen, Chairman Ron Jackson, Secretary Page 7 BZAmin 3/2/17