Board of Zoning Appeals

CITY OF HOBART BOARD OF ZONING APPEALS MINUTES OF OCTOBER 5, 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. Spain motioned to approve the minutes of September 7, 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. Kopil. All ayes, motion carried. (5-0) New Business 1. 17-20 Joseph Larson (Petitioner/Owner) 1260 S. County Line Rd located approx. 1/3 mile south of the SW corner of County Line Rd. & 10th St., Sec. 154.006(F)(5), zoned R-1, 9.75 acres Request: Public Hearing: Developmental Standards Variance Purpose: To exceed the permitted 2,016 sq. ft. of accessory structures by 700 sq. ft. for a proposed 36’x56’ pole barn Approved X Denied __ Deferred __ Vote 5-0 (Companion to BZA 17-21) Joseph Larson, 1260 S. County Line Rd., 942-0358 requested a variance to allow 700 sq. ft. over the permitted 2,016 sq. ft. Mr. Allen opened and closed the public hearing for Petition 17-20 without public comments. The proposed pole barn will be constructed in the same location of an existing 12’x20’ shed which will be removed once completion of the pole barn. Mr. Mendoza noted that if the board should move forward with an approval, he suggested contingencies be placed upon the variance to include storage for personal property only and no commercial or public use. Mr. Jackson motioned to Approve Petition 17-20 contingent upon the proposed structure will only be used for personal storage and not for commercial or public use including all discussion and Findings of Fact, seconded by Mr. Kopil. All ayes, motion carried. (5-0)  2. 17-21 Joseph Larson (Petitioner/Owner) 1260 S. County Line Rd located approx. 1/3 mile south of the SW corner of County Line Rd. & 10th St., Sec. 154.006(F)(3), zoned R-1, 9.75 acres Request: Public Hearing: Developmental Standards Variance Purpose: To exceed the permitted 15’ height for an accessory structure by 11’ for a proposed 36’x56’ pole barn Approved X Denied ____ Deferred ____ Vote 5-0 (Companion to BZA 17-20) Mr. Larson stated originally upon filing for the variance his plans were not to include brick on the proposed structure and had requested a variance for 11’ over the permitted 15’ height. He is now proposing to match the structure to his house by adding 6’ of brick to the north, east and west sides and requesting to amend the variance to 6’ over the permitted 20’ in height. Mr. Allen opened and closed the public hearing for Petition 17-21 without public comments. Mr. Gregory motioned to Approve Petition 17-21 including all discussion and Findings of Fact, seconded by Mr. Jackson. All ayes, motion carried. (5-0) 3. 17-22 Randy Goldschmidt (Petitioner/Owner) 1248 Capitol Dr. regarding property at 1370 S. County Line Rd. located approx. 1 mile south of the SW corner of County Line Rd. & 10th St., Sec, 154.006(F)(5), zoned R-1, 7.5 acres Request: Public Hearing: Developmental Standards Variance Purpose: To exceed the permitted 3,900 sq. ft. for accessory structures by 598 sq. ft. for a proposed 50’x75’ pole barn Approved X Denied ____ Deferred ____ Vote 5-0 (Companion to BZA 17-23) Randy Goldschmidt, 1248 Capitol Dr., 973-9411 requested to allow 598 sq. ft. over the permitted 3,900 sq. ft. for a proposed pole barn on 1370 S. County Line Road where he is currently in the process of constructing his home. Mr. Allen opened and closed the public hearing for Petition 17-22 without public comments. Mr. Mendoza noted that our ordinance requires a principal structure prior to an accessory structure but that in this case Mr. Goldschmidt appeared before the Plan Commission for a rezone to A-1 which would allow the proposed pole barn. The Plan Commission denied his request and recommended him to apply for the variance. Mr. Mendoza felt that contingencies be placed on the variance should the board grant approval. Mr. Spain motioned to approve Petition 17-22 contingent upon the proposed pole barn will be used for personal property, no commercial or public use and posting a bond should the city need to demolish the proposed structure if the house is not completed including all discussion and Findings of Fact, seconded by Mr. Jackson. All ayes, motion carried. (5-0 4. 17-23 Randy Goldschmidt (Petitioner/Owner) 1248 Capitol Dr. regarding property at 1370 S. County Line Rd. located approx. 1 mile south of the SW corner of County Line Rd. & 10th St., Sec, 154.006(F)(3), zoned R-1, 7.5 acres Page 2 BZAmin 10/5/17  Request: Public Hearing: Developmental Standards Variance Purpose: To exceed the permitted 15’ in height for an accessory structure by 5’ for a proposed 50’x75’ pole barn Approved X Denied ____ Deferred ____ Vote 5-0 (Companion to BZA 17-22) Randy Goldschmidt requested a 5’ height variance over the permitted 15’. Mr. Allen opened and closed the public hearing for Petition 17-23 without public comments. The proposed structure will be placed 700’ to the rear of the property and 70’ north of the recorded easement. Mr. Jason motioned to approve Petition 17-23 contingent upon posting a bond including all discussion and Findings of Fact, seconded by Mr. Jackson. All ayes, motion carried. (5-0) 5. 17-24 Jesse Wilson (Petitioner/Owner) 3875 Evergreen Street located approx. 200’ north from the NE corner of Evergreen St. & 39th Ave., Sec. 154.359(A)(4), zoned R-2, 0.17 acre. Request: Public Hearing: Developmental Standards Variance Purpose: To allow one off-street parking space Approved ____ Denied ____ Deferred X Vote 5-0 Jesse Wilson, 3875 Evergreen Street, 682-7135 mentioned he is proposing to convert his existing 1 car attached garage into living space which will eliminate one off-street parking space. Mr. Allen opened and closed the public hearing for Petition 17-24 without public comments. Mr. Wilson stated that his water line is located to the north of the existing driveway and due to the elevation to the south would cause a financial hardship if he would widen the driveway to incorporate an additional parking space. Mr. Gralik mentioned that although residents park along the street it is narrow causing traffic to weave around the parked vehicles. He also noted there are no restrictions to prevent installing a driveway over the water line. Discussion ensued regarding the one proposed estimate Mr. Wilson received to widen the driveway to the south and that it was felt he receive other estimates to widen to the north. Mr. Jackson motioned to Table Petition 17-24 to allow petitioner to receive additional estimates including all discussion, seconded by Mr. Gregory. All ayes, motion carried. (5-0) 6. 17-25 Sherri Pendleton/James Konja (Petitioner/Owner) 348 N. Linda St. located on the NW corner of Linda St. & Michigan Ave., Sec.154,006(F)(7), zoned R-2, 0.51 acre. Request: Public Hearing: Developmental Standards Variance Purpose: To exceed the permitted 864 sq. ft. for accessory structures by 116 sq. ft. for a proposed 30’x30’ pole barn Approved X Denied ____ Deferred ____ Vote 5-0 Page 3 BZAmin 10/5/17 James Konja, 348 N. Linda St., 313-6079 & Sherri Pendleton, 348 N. Linda St. 512-6522. Mr. Konja mentioned the only structure on the property is an existing 8’x10’ shed and requested to construct a pole barn in order to store vehicles and a boat out of the weather. The proposed barn will be constructed with a shingled roof and siding to match the house. Mr. Allen opened and closed the public hearing for Petition 17-25 without public comments. Mr. Jackson motioned to Approve Petition 17-25 with the stipulation there must be a 6’ fire code separation between the proposed pole barn and existing shed including all discussion and Findings of Fact, seconded by Mr. Kopil. All ayes, motion carried. (5-0) Staff Consultation/Discussion: None There being no further comments or discussion Mr. Kopil motioned to adjourn, seconded by Mr. Gregory. All ayes, motion carried. (5-0) Meeting adjourned at 6:47 p.m. ____________________________________ ________________________________ Stuart Allen, Chairman Ron Jackson, Secretary Page 4 BZAmin 10/5/17