Board of Zoning Appeals

CITY OF HOBART BOARD OF ZONING APPEALS MINUTES OF JUNE 7, 2018 Stuart Allen called the meeting to order at 6:00 p.m. with the recitation of the Pledge of Allegiance. Members in attendance: Stuart Allen, Mark Kopil, Ron Jackson, Jason Spain and Scott Gregory. Also in attendance: Sergio Mendoza, City Planner and Joy Respecke, Recording Secretary. Absent: Phil Gralik, City Engineer Approval of Minutes: Mr. Kopil motioned to approve the minutes of April 5, 2018 as presented, seconded by Mr. Jackson. All ayes, motion carried. (5-0) Mr. Kopil motioned the minutes of May 3, 2018 as presented, seconded by Mr. Gregory. All ayes, motion carried. (5-0) Communications/Acceptance of Agenda: Mr. Jackson motioned to approve the agenda as presented, seconded by Mr. Gregory. All ayes, motion carried. (5-0) New Business 1. 18-09 Carlos Bernal (Petitioner/Owner) 5385 S. Liverpool located approx. 300’ northeast of the Liverpool Rd. & 53rd Ave. intersection, Sec. 154.044, zoned R-2, 2 acres Request: Public Hearing: Use Variance Purpose: To allow the continued operation of a concrete/asphalt business out of the residence Favorable ___ Unfavorable X Deferred ___ Vote 4-0 Mr. Bernal, 5385 S. Liverpool Rd., requested to use his property to continue to operate his business. Mr. Kopil abstained. Mr. Allen opened the public hearing for Petition 18-09. James Mandon, 5535 S. Liverpool Rd.: Mr. Mandon noted he was familiar with the requirements for approving the use variance. He cited the 5 questions of the Findings of Fact and felt 4 out of the 5 questions failed. He stated the petitioner operates a demolition company and will bring contaminated materials back to the site. He was opposed and felt the request should be denied. Mitch King, 5395 S. Liverpool Rd.: Mr. King stated he lives next door to Mr. Bernal and to his acknowledge, knows of no contaminated materials that were brought to the property. He is in favor of the request. John Steininger, 5716 S. Liverpool Rd.: Mr. Steininger stated that although the property has recently been cleaned up, it looks like a junkyard. He also inquired as to if the petitioner is exceeding the weight limit for Liverpool Rd. Also is opposed. Dave Vinzant, 1535 W. 4th Pl.: Mr. Vinzant stated there are several one or two man operations operating out of the house but as the business grows, it needs to relocate out of a residential neighborhood. Doug Julien, Liverpool Rd.: Mr. Julien was concerned whether their well water will be contaminated and was opposed. Petra Julien, 5545 S. Liverpool Rd.: Ms. Julien stated they chose to live in that area due to the nature for 60 plus years and does not feel an industrial business does not belong in the Hobart Marsh Plan. She also expressed her concerns of the large construction trucks driving on Liverpool Rd. as well as the safety of the children walking or riding their bikes to the bike trail and Robinson Park since are no sidewalks. She also expressed her concerns of her well water being contaminated with the materials being brought to his site. Kathy Bartley, Liverpool Rd.: Ms. Bartley was also opposed for the same reasons of not allowing an industrial business on a residential lot next to a nature area, safety of the children and the deterioration of the trucks using Liverpool Rd. Eric Bird, Shirley Heinze Land Trust: Mr. Bird mentioned he agreed with the health hazard comments made but also did not feel the location of the industrial/commercial business abutting a nature district, bike trail and Robinson Park was appropriate. The following is a letter that was received and read. My name is Russell Allen. I live at 5280 Liverpool Road (across the street from Carlos) I moved here in September of 2011 to enjoy the peaceful country setting that this area provides. Since then, the operation across the street has went from a one truck side business to a fleet of large trucks, trailers and heavy equipment. I am opposed to this petition because I know firsthand how obnoxious and loud a concrete/asphalt company can be. I’ve worked for one for over 25 years. This is a residential area that has been enhanced with native grasslands, savannas and reforesting. Not the place for this type of business. I am also opposed to this petition because I believe it lowers my property value and marketing appeal. Please feel free to contact me at (219) 973-3038 or by email at russellallen0438@comcast.net Russell Allen. Stuart Allen noted that Russell Allen is no relation and has never met him. Hearing no further public comments Mr. Allen closed the public hearing. Mr. Bernal mentioned his property is used strictly for parking his vehicles and his semis are located at a different location and he disposing the concrete and asphalt at an off-site facility. Mr. Mendoza noted that in 2013 a resolution was adopted by the Common Council acknowledging the Marsh Plan and in 2017 acknowledged the nature district identifying this area as residential R-2. He also noted that there are requirements pertaining to the outside storage of and size of vehicles which may have an impact of the Board’s decision. Mr. Spain stated that it was the responsibility of the Board to ensure businesses are located in the proper zoning districts and find it difficult to justify the concrete/asphalt business specifically in this area. Mr. Jackson motioned for an Unfavorable Recommendation to the Common Council for Petition 18-09 including all discussion and Findings of Fact, seconded by Mr. Gregory. All ayes, motion carried. (4-0) 2. 18-09A Carlos Bernal (Petitioner/Owner) 5385 S. Liverpool located approx. 300’ northeast of the Liverpool Rd. & 53rd Ave. intersection, Sec. 154.006(F)(5), zoned R-2, 2 acres Request: Public Hearing: Developmental Standards Variance Purpose: To exceed the permitted 3,300 sq. ft. by 2,200 sq. ft. for a proposed 55’x100’ pole barn Approved X Denied ___ Deferred ___ Vote 4-0 Mr. Kopil abstained. Mr. Bernal requested to construct a 55’x100’ pole barn. Mr. Allen opened the public hearing for Petition 18-09A. Char King, 5395 S. Liverpool Rd. mentioned they live to the south of Mr. Bernal and is in favor of his request to construct the pole barn. She stated that over the years he has remodeled and improved the appearance of his house, maintains his yard and has been a very good neighbor. John Steininger, 5716 S. Liverpool Rd. Mr. Bernal did not need the pole barn since he was denied the business to continue to operate from his property. He expressed his concerns of overweight trucks traveling on Liverpool Rd. and noted he Page 2 BZAmin 6/7/18 will hire an off-duty police officer to watch for trucks entering and leaving the property. Mr. Mendoza reviewed the Findings of Fact. Jim Mandon requested conditions be in place if approved and Mr. Mendoza noted that typically in past practice the Board has placed conditions that the proposed buildings will be used for personal use and no commercial or business uses. Hearing no further comments from the public Mr. Allen closed the public hearing. Mr. Spain noted exceeding the permitted square footage of accessory buildings are common and typically what is considered is the size of the property and proposed pole barn along with the use and in this case the proposed 55’x100’ pole barn will not negatively impact the property. Mr. Bernal stated even though his request to operate his business on his property was given an unfavorable recommendation to the Council, he is still moving forward with the variance. Mr. Spain motioned to Approve Petition 18-09A with the stipulation the pole barn will not be used for commercial or industrial use and the existing accessory buildings will be removed prior to construction of the proposed pole barn including all discussion and Findings of Fact, seconded by Mr. Jackson. All ayes, motion carried. (4-0) Staff Consultation/Discussion: None There being no further comments or discussion Mr. Kopil motioned to adjourn, seconded by Mr. Spain. All ayes, motion carried. (5-0) Meeting adjourned at 6:40 p.m. ____________________________________ _______________________________ Stuart Allen, Chairman Ron Jackson, Secretary Page 3 BZAmin 6/7/18