Board of Zoning Appeals

CITY OF HOBART BOARD OF ZONING APPEALS MINUTES OF AUGUST 3, 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, 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 Minutes: Mr. Jackson motioned to approve the minutes of July 6, 2017 as presented, seconded by Mr. Kopil. All ayes, motion carried. (5-0) Communications/Acceptance of Agenda: Mr. Allen requested to add Nick Vojvodich to update the board on his completion of the internal control standards. Mr. Gregory motioned to approve the agenda as amended, seconded by Mr. Jackson. All ayes, motion carried. (5-0) New Business 1. 17-15 Exceptional Equestrians Unlimited/Kenneth Mertens (Petitioner/Agent) 5699 E. 73rd Ave. located southeast of the 73rd Ave. & Ainsworth Rd. intersection, Sec. 154.044 (G), zoned R-2 & R-3, 29.72 acres Request: Public Hearing: Use Variance Purpose: To allow a charitable organization to operate in a residential zoning district Favorable Rec. X Unfavorable Rec. __ Deferred __ Vote 5-0 Ken Mertens mentioned for the past 15 years they have been leasing property on 61st Avenue for their horseback riding therapy center for special needs individuals and are looking to expand to include therapy for veterans. They are requesting approval for the center as they are proposing to purchase a 30 acre horse farm on 73rd Avenue. Mr. Allen opened and closed the public hearing for Petition 17-15 without public comments. It was mentioned they will not bury euthanized horses on the property but they are picked up and removed from the property. Also mentioned was that an apartment in the barn would be removed in the future for additional stall space. Mr. Jackson motioned for a Favorable Recommendation to the Common Council contingent upon the property remain as a horse farm, horse remains are disposed off-site and the rental property be removed including all discussion and Findings & Fact, seconded by Mr. Spain. The current owner requested to speak. Mr. Jackson motioned to reopen the public hearing, seconded by Mr. Gregory. All ayes, motion carried. (5-0) John Gacke, 5699 E. 73rd Avenue questioned removing the apartment noting that it was structurally sound and that at some point they may decide to utilize it for an employee. Hearing no further comments Mr. Allen reclosed the public hearing. Mr. Mendoza explained that the removal of the apartment was identified as part of the request of the prospective owners and that the Board will need to understand the overall uses tied to the property. Mr. Jackson amended his prior motion for a Favorable Recommendation to the Common Council to include the apartment could only be utilized for an employee or caretaker associated with the business or to be converted into an office for the facility as well as to remain a horse farm and horse remains are disposed off-site including all discussion and Findings of Fact, seconded by Mr. Spain. All ayes, motion carried. (5-0) 2. 17-16 Rebecca Bustos (Petitioner/Owner) 605 Gilbert Ct. located on the SE corner of Gilbert Ct. & 6th St., Sec. 154.007, zoned R-2, 0.35 acre Request: Public Hearing: Developmental Standards Variance Purpose: To encroach 35’ into the 25’ building line & 10’ utility easement to the property line with a proposed 6’ privacy fence Approved X Denied ____ Deferred ____ Vote 5-0 Rebecca Bustos stated they are located on a corner lot having two 25’ platted building lines. They are requesting to extend into the building line and utility easement to install a fence allowing them to maximize more of their yard. Mr. Allen opened and closed the public hearing for Petition 17-16 without comments. Mr. Mendoza explained the ordinance identifies a fence as a structure which is not allowed to encroach in the building line. Permitting the proposed fence will allow the petitioner to utilize more of a level area since the rear yard slopes. It was noted that the 10’ utility easement was incorporated into the 25’ building line. Mr. Gregory motioned to Approve Petition 17-16 with the stipulation the proposed fence will extend to the property line and if sidewalks were ever installed the fence will need to be moved back 2’ from the sidewalk and the petitioner is aware of the utility easement including all discussion and Findings & Fact, seconded by Mr. Jackson. All ayes, motion carried. (5-0) Staff Consultation/Discussion: Nick Vojvodich, Planning Intern, reiterated by stating he is attending Ball State University for urban planning and development with a master degree in urban design. He has been creating an operations manual for the planning department to support Resolution 17-05. The manual outlines the overall procedures of the daily activities of the planning department. Mr. Mendoza commended Mr. Vojvodich in his efforts. There being no further comments or discussion Mr. Kopil motioned to adjourn, seconded by Mr. Jackson. All ayes, motion carried. (5-0) Meeting adjourned at 6:35 p.m. ______________________________________ _________________________________ Stuart Allen, Chairman Ron Jackson, Secretary Page 2 BZAmin 8/3/17