Board of Zoning Appeals

CITY OF HOBART BOARD OF ZONING APPEALS MINUTES OF APRIL 5, 2018 Mark Kopil 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: Mark Kopil, Ron Jackson, Jason Spain and Scott Gregory. Member absent: Stuart Allen. Also present: Phil Gralik, City Engineer; Sergio Mendoza City Planner and Carroll Lewis, Zoning Administrator. Also absent: Joy Respecke, Recording Secretary Election of Officers: Mr. Jackson motioned to remove item from agenda, seconded by Mr. Spain. All ayes, motion carried. (4-0) Approval of Minutes: Mr. Gregory motioned to approve the minutes of February 1, 2018 as presented, seconded by Mr. Jackson. All ayes, motion carried. (4-0) Communications/Acceptance of Agenda: Mr. Gregory motioned to approve the agenda as presented, seconded by Mr. Jackson. All ayes, motion carried. (4-0) New Business 1. 18-03 Jennifer Puckett (Petitioner/Owner) 3511 N. Lake Park Ave. located approx. 23 mile north from the NE corner of Ridge Rd. & Lake Park Ave., Sec. 154.006(F)(5), zoned R-3, 10 acres +/- Request: Public Hearing: Developmental Standards Variance Purpose: To exceed the permitted 2,112 sf for accessory structures by 984 sf for a proposed 40’x63’ pole barn Approved X Denied ___ Deferred ___ Vote 4-0 Petitions 18-03 & 18-04 were heard together. 2. 18-04 Jennifer Puckett (Petitioner/Owner) 3511 N. Lake Park Ave. located approx. 23 mile north from the NE corner of Ridge Rd. & Lake Park Ave., Sec. 154.006(F)(3)), zoned R-3, 10 acres +/- Request: Public Hearing: Developmental Standards Variance Purpose: To exceed the permitted 15’ in height for an accessory structure by 8’ for a proposed 40’x63’ pole barn Approved X Denied ___ Deferred ___ Vote 4-0 Ms. Jennifer Puckett proposed to construct a pole barn to house their campers and equipment to maintain the property they own, which is just over 11 acres. She said currently they are paying to store their equipment offsite and would like to store these possessions on her property. Mr. Spain indicated that this request is standard of property owners that own this much land and reiterated that it is common practice for this review to include a commitment from the property owner that the structure will be for personal use and will have no commercial or business use. Ms. Puckett agreed and stated they have no interest in using the structure for commercial or business and simply to store their personal materials. Mr. Jackson noted that after speaking with Ms. Puckett earlier in the day she indicated to him she is exploring the possibilities of making the pole barn smaller than originally requested. Ms. Puckett agreed and continued by citing and amending the originally applied 40’x63’ dimensions to 36’x56’ with the requested 23’ height variance. Mr. Kopil opened the public hearing for Petitions 18-03 & 18-04, motioned by Mr. Jackson, second by Mr. Gregory. All ayes, motion carried. (4-0) Hearing no public comments Mr. Gregory motioned to close the public hearing, second by Mr. Jackson. All ayes, motion carried. (4-0) Public hearings were closed. Mr. Spain mentioned that upon construction of the proposed building that drainage will be contained on their property and will not flow and impact the neighbor’s properties. Ms. Puckett noted the drainage will flow to the rear of their property to the river. Mr. Spain motioned to Approve Petition 18-03 contingent upon the proposed pole barn will only be for personal storage and not for commercial or business uses including all discussion and Findings of Fact, seconded by Mr. Jackson. All ayes, motion carried. (4-0) Mr. Spain made a motion to Approve Petition 18-04 contingent upon the proposed pole barn will only be for personal storage and not for commercial or business uses including all discussion and Findings of Fact, seconded by Mr. Jackson. All ayes, motion carried. (4-0) 3. 18-05 Mark & Jackie Underdahl (Petition/Owner) 1088 S. Ash Street located approx. 800’ south from SW corner of 10th & Ash Streets, Sec. 154.051 (C), zoned R-2, 1.6 acres +/-. Request: Public Hearing; Developmental Standards Variance Purpose: A proposed 24’x24’ detached garage in front yard Approved X Denied ___ Deferred ___ Vote 4-0 Mr. Underdahl requested to construct a proposed 24’x24’ garage for personal use to store his vehicles and lawn equipment and not used for commercial. He stated the proposed garage will match the siding color and roof shingles of the house. Mr. Underdahl also stated drainage will continue to flow that there is existing northwest through the property that flows to a culvert under 10th Street to a culvert under 8th Street and into Lake George. Page 2 BZAmin 4/5/18 Mr. Lewis identified that the location of the proposed garage would be on an existing paved area and under normal conditions, there will be no increase in water runoff. The commission had additional discussion regarding the need for the variance and identifiable hardship. It was determined the only viable location for the proposed garage could be in the front due to the location of his septic field and the ravine which could prove unstable. Kopil opened the public hearing for Petition 18-05 motioned by Mr. Spain, second by Mr. Jackson. All ayes, motion carried. (4-0) Hearing no public comments Mr. Spain motioned to close the public hearing, seconded by Mr. Gregory. All ayes, motion carried. (4-0) Public hearing was closed. Mr. Spain motioned to Approve Petition 18-05 contingent upon the siding color and roof shingles match the existing home, less the brick, including all discussion and Findings of Fact, seconded by Mr. Jackson. All ayes, motion carried. (4-0) Staff Consultation/Discussion: Mr. Mendoza noted the 61st Avenue/US 30 Design Guidelines public open house will be held in the Council Chambers on April 19th from 6:00 p.m. to 8:00 p.m. There being no further comments or discussion Mr. Jackson motioned to adjourn, seconded by Mr. Gregory. All ayes, motion carried. (4-0) Meeting adjourned at 6:20 p.m. __________________________________ _______________________________ Mark Kopil, Vice-Chairman Ron Jackson, Secretary Page 3 BZAmin 4/5/18