Board of Zoning Appeals

CITY OF HOBART BOARD OF ZONING APPEALS MINUTES OF JUNE 1, 2017 Stuart Allen called the meeting to order at 6:05 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 and Scott Gregory. Member absent: Jason Spain. Also in attendance: Phil Gralik, City Engineer; Sergio Mendoza, City Planner and Joy Respecke, Recording Secretary. Carroll Lewis, Zoning Administrator was also absent. Approval of Minutes: Mr. Kopil motioned to approve the minutes of May 4, 2017 as presented, seconded by Mr. Gregory. All ayes, motion carried. (4-0) Communications/Acceptance of Agenda: Mr. Jackson motioned to approve the agenda as presented, seconded by Mr. Gregory. All ayes, motion carried. (4-0) Mr. Allen introduced the planning intern, Nick Vojvodich. Mr. Vojvodich mentioned he is attending Ball State for his Bachelor’s Degree in urban planning and development. He is currently working on updating the internal operation’s manual for the boards and commissions the Planning Department advises. New Business 1. 17-13 Mihaela Raicu (Petitioner/Owner) for property at 317 Center Street located 200’ south from the SE corner of Center & 3rd Streets, Sec. 154.152 (D) zoned B-2, 0.10 acres Request: Public Hearing: Use Variance Purpose: To allow a 3-unit residential dwelling in a B-2 zone Favorable Rec. X Unfavorable Rec. __ Deferred __ Vote 4-0 In attendance were Mr. & Mrs. Raicu and Attorney Karen Price, 128 S. East Street, #50, Crown Point. Attorney Price requested approval to renovate the building and continue to operate as a proposed 3 unit apartment building and to provide only 3 on-site parking spaces. She also noted there is ample street and city parking lots available for parking. Another considered option is to sign an agreement with the church across the alley to allow for additional parking. Mr. Allen opened and closed the public hearing for Petition 17-13 without public comment. Mr. Mendoza explained that the structure has been unoccupied for over a year due to a fire and that based on the zoning code, a use that has not been established for a year in a non-conforming zone classification loses it “grandfathering” and that code also requires there be 2 on site parking spaces per unit or in a private parking lot within 200 feet of the dwelling. It was noted that city nor tax records indicate this being a 3 unit dwelling. Ms. Raicu mentioned that information she received from the Historical Society was that a second story and an addition in the rear was constructed to the original 1884 single story dwelling. Discussion ensued regarding whether the petitioner will proceed with the proposed 3 unit with a combined maximum total of 5 bedrooms and 6 improved stacked parking spaces in the rear yard or to amend the variance request to include 2 units with a combined maximum of 5 total bedrooms and 3 improved parking spaces in the rear yard. The petitioner was informed and agreed that the decision made tonight cannot be altered in any way without refiling and returning at a later date. Mr. Jackson motioned for a Favorable Recommendation to the Common Council for Petition 17-13 with the conditions to allow a 2 unit residential dwelling, not to exceed 5 bedrooms in total, and 3 improved 10’x20’ on-site parking spaces including all discussion and Findings of Fact, seconded by Mr. Gregory. All ayes, motion carried. (4-0) Staff Consultation/Discussion: None There being no further comments or discussion Mr. Gregory motioned to adjourn, seconded by Mr. Jackson. All ayes, motion carried. (4-0) Meeting adjourned at 6:35 p.m. ______________________________ ________________________________ Stuart Allen, Chairman Ron Jackson, Secretary Page 2 BZAmin 6/1/17