Board of Zoning Appeals

AREA BOARD OF ZONING APPEALS OF TIPPECANOE COUNTY LAFAYETTE DIVISION April 15,2024 The City of Lafayette Board of Zoning Appeals met in regular session on Monday, April 15, 2024 at 4:00 PM. Members present were: Jackson Bogan, Dave Williams, Dick Murray, Bob Metzger and Carlynn Smith. Ms. Williams moved to approve the minutes of the previous meeting as distributed; second by Ms. Smith. The motion passed by unanimous voice vote. Regarding petition BZA No. 2024-8 to appear under New Business, at the request of the petitioner's representative, John Schrader, Mr. Williams moved to continue the petition to the May hearing. Second by Mr. Metzger. The motion passed by unanimous voice vote. PETITION CONTINUED OLD BUSINESS 2024-4 CLAIRE FREEMAN Variance to allow a 1' side yard setback instead of the required 5'. Property located at 649 PERRIN AVE. Mr. Williams moved to hear and approve the petition; second by Mr. Metzger. Joe Bumbleburg, agent for the petitioner, presented the petition. The petitioner, Claire Freeman, was also present. Mr. Bumbleburg distributed packets of information and exhibits to the Board members. Mr. Bumbleburg stated that the Freemans occupy a home in the Perrin Neighborhood on Perrin Avenue. The request is for a very small setback to have a bump-out so they can add to their home to adequately access their kitchen and basement. The house has been there for quite some time. The bump-out is a very minor bump-out. Referencing the submitted packet, Mr. Bumbleburg showed where he had highlighted the bump-out in question. In the general area, the problem is that the houses were built many years ago; the lots were platted many years ago. The Freeman's have two lots and neither one of them is a rectangular lot. In this City block, most of the lots have these strange shapes. The lots make it difficult to build anything. When they built the houses, they were placed wherever the homeowner wanted them. Even the Freeman's house is within a half-foot of their second lot. So, the houses were built without a care for the lot line locations, there were no rules back then. Mr. Bumbleburg continued that the Freemans are lifetime residents of the area. Mr. Bumbleburg stated that the architect to look at the bump-out as a closet in the master bedroom, it is about 80 square-feet. The address for this petition is 649 Perrin Avenue. The neighbor is 651 Perrin Avenue. Mr. Bumbleburg is aware that there has been request about having formal documentation between these lot owners. Mr. Bumbleburg presented a letter from the owners of the neighboring lot giving permission to the petitioners regarding maintenance of the addition. Ryan Justak, the petitioner's architect, stated that the shell of the bump-out would be built with added fire protection given the proximity to the lot line. They are also proposing no overhang, the roof would be sloped to a gutter which would then direct runoffto the north which follows the natural drainage pattern for this lot. There will not be any windows or doors in the addition; it will essentially be a hallway for internal circulation. It will improve the flow of the kitchen as it stands right now. Shawn Lutz spoke in detail about the history of the Perrin Neighborhood. Mr. Lutz also stated his support of the petition. Several neighbors and Lafayette citizens spoke in favor of the petition. After all of the supporting speakers, Mr. Bumbleburg asked for a show of hands for all others in attendance that support the petition. Mr. Bumbleburg also referenced submitted pictures for similar situations. This is not unusual, the variance is a small variance. It is a variance that comes closer to meeting the standards of the ordinance than many others do. He briefly summarized the findings of fact. Mr. Murray asked for clarification about the statement regarding a closet, is this going to be a pantry? Mr. Justak referenced Sheet 2 of the plans and stated that the existing kitchen disrupts flow from the stairs to other areas of the house. The bump-out would provide better access to the stairs. The entrance to the stairway is changing. Mr. Murray worries about the fire issue, do you need the full five feet to get this access, can there be ways to angle this so that we can get a two-feet setback? Mr. Justak contended that they are trying to get as much area as possible, the one-foot setback is already a disruption. The construction will be fire-rated. Even at two-feet they will still need the fire protection. Mr. Murray also expressed his concern about future maintenance and that in the future different property owners may be involved. Mr. Bogan added that the Board is concerned about future maintenance and suggested providing a formal agreement. Secretary Griffee stated that to run with the property the agreement would need to be recorded. Mr. Williams also stated the concern about future cases. Secretary Griffee informed the Board that they could amend the motion to approve the petition to include the condition that a formal agreement for maintenance be recorded. Mr. Bogan asked the neighbors, who were in attendance, if they would be okay with recording such an agreement. They responded that they would agree to this. Mr. Williams moved to amend the original motion to include the condition that a recorded agreement for maintenance be provided. Second by Ms. Smith. The Board voted by ballot: 5 yes 0 no. PETITION GRANTED NEW BUSINESS 2024-7 KS REAL ESTATE HOLDINGS LLC Variance to allow a total sign area of 279 SF instead of the allowed 177 SF. Property located at 3431 SOUTH ST. Mr. Williams moved to hear and approve the petition; second by Mr. Metzger. John Moore, agent for the petitioner, presented the petition. The petitioner, Pete White, was also present. Mr. Moore stated that they are requesting a variance for signage associated with the construction of a new Leo's Market and Eatery at 3431 South Street. Reference the submitted packet, Mr. Moore specifically highlighted the site and surrounding uses. Leo's is a market and eatery that also sells automobile fuel. Currently, there are four locations in the State of Indiana. Each of the stores is about 6,000 to 7,000 SF with a capital investment of about 7 million dollars and employs about 30 people. Mr. Moore continued that Leo's is a unique concept as the market offers fresh fruits and vegetables, coffee, and freshly prepared foods. Also referencing the submittal, Mr. Moore discussed the architectural elevations, canopy, and signage. He also described the interior, renderings also provided. There really are three uses here; we market for all three. The general site layout was also discussed as well as highlighting the signage and requests associated with the petition. Exhibits for signage were discussed in detail. Mr. Williams asked if there would be access for west-bound South Street. Secretary Griffee responded that west-bound South Street traffic would be able to access the site from Hamman Street. The Board voted by ballot: 5 yes 0 no. PETITION GRANTED The next meeting of the Lafayette Board of Zoning Appeals will be on Monday, May 20, 2024 at 4:00 PM. There being no further business to come before the Board at this time, the meeting was adjourned at 4:50 PM. CKairm1( Secr^far