Board of Zoning Appeals

1 MINUTES OF THE REGULAR MEETING OF THE MICHIGAN CITY BOARD OF ZONING APPEALS TUESDAY, DECEMBER 11, 2018 The Michigan City Board of Zoning Appeals met in a regular meeting in the Common Council Chambers, City Hall Building, 100 East Michigan Boulevard, Michigan City, Indiana, on Tuesday, December 11, 2018, at 6:00 p.m., the time, date and location for holding of said meeting. Chairman Jackson called the meeting to order, and upon roll call, the following answered present: Wallace Hook, Ricky Jackson, Karen Janus, Lester Norvell, and Lawrence Zimmer. Also present: Counsel Steven A. Hale, Skyler York, Assistant Planner; Janelle Robinson, Court Reporter. Chairman Jackson stated that with no objections they would dispense the rules and procedures of the meeting (H.I.). The next item of business on the agenda was the approval of the minutes from the Tuesday, October 9, 2018, regular meeting. Mr. Hook made a motion to approve the minutes of Tuesday, October 9, 2018. Seconded by Mr. Norvell. The roll call vote was taken as follows: AYE NAY Mr. Hook Mr. Jackson Ms. Janus Mr. Norvell Mr. Zimmer With a roll call vote of all ayes, motion carried, and the minutes were approved. Chairman Jackson called for the first petition. Petition B-113-18, Gary and Linda Marcheschi, requesting Development Standard Variance to allow rebuilding of the existing home located at 111 Georgia Avenue. Represented by Attorney Christopher L. Willoughby. Continued from 11/13/18. Attorney Willoughby approached the lectern and stated he was there on behalf of the property owners, Gary and Linda Marcheschi. He explained that the property is currently zoned as R1-E, with plans that started off as a remodel but due to different circumstances has become a plan to do a complete new rebuild. He went on to say that the current front and rear setback requirements are 20 feet for both the front and back, which created the need to request Developmental Standard Variances for a front setback of four feet and a rear setback of 14.25 feet. He stated that the deck will be removed to improve the right-of-way, and that the conditions which have been discussed are reflected in the plan provided to the board. He then went over their findings of fact and went on to state that this will be an improvement to the existing property and will be in line with the current properties in the area. MINUTES BZA – December 11, 2018  2 In closing, Mr. Willoughby expressed to Mr. Jackson his appreciation for how he has handled his position with the board as he is moving on from his position. Chairman Jackson called for questions from the board. Mr. Zimmer inquired about what exactly he is asking for, at which time Attorney Willoughby explained that the current house was further out and it was in the right-of-way, and that the proposed home would be pushed back, near the property line but back from the right-of- way. Mr. York then stated that the details of it would be covered in his report, but that it was essentially where the foundation would be. Counsel Hale then clarified that this is in a R1-E district, which has a minimum lot size 5,000 square feet, that this lot is 3,685 square feet, so it's non-conforming lot. He went on to explain that it's legal because it predates the zoning ordinance, and so in a non-conforming lot you may build a home, a permitted use, but you're supposed to meet all the other zoning requirements, and the two that the petitioner is seeking has to do with the front and rear setbacks. That because this lot is only 55 feet deep it literally it could not meet those requirements because they're 20 feet in front and 20 feet in back, and that they are requesting it to be four feet in front and a little over 14 feet in back. Chairman Jackson called for further questions from the board. There being no further questions from the board, Chairman Jackson called for public comment. Mr. Marcheschi introduced himself to the board and explained the family history he and his wife have with this property and that they would like to rebuild the home in order to carry that on. There being no further public comment, Chairman Jackson called for the departmental reports. Mr. York read into the record departmental reports (H.I.) wherein the department recommended the approval of the petition with the following conditions: One, complete removal of any other remaining encroachments and right-of-way on Georgia Avenue as delineated on the survey, and no additional permanent encroachments installed. Two, only one kitchen may be allowed in the final structure, and the final building plan shall be submitted to the Planning Department before construction commences and the Building Department shall confirm that only one kitchen shall service the entire new home. Three, the new home shall comply with all other regulations found in the waterfront overlay district. Four, the new home shall provide off-street parking as designated on the submitted site plan and as required by Article 18.01. Mr. York then read a remonstrance in favor of the plan submitted by Father Kenneth Fleck of Tinley Park, Illinois. Counsel Hale read the attorney’s report (H.I.) into the record and advised the board of their options. Chairman Jackson asked for further discussion from the board or for a motion. Mr. Norvell made a motion to accept the finding of facts, Attorney Hale's report, the report of the Planning Department along with the conditions, and that petition number B-113-18 be approved. Seconded by Ms. Janus. The roll call vote was taken as follows: AYE NAY MINUTES BZA – December 11, 2018  3 Mr. Hook Mr. Jackson Ms. Janus Mr. Norvell Mr. Zimmer With a roll call vote of all ayes and no nays, Petition B-113-18 was granted. *********************************************************************************************************************** There being no old business, Chairman Jackson inquired about the new ordinance going through the city council and the effects it would have on the board, and Mr. York went over some of the flexibilities it could add. Chairman Jackson then announced this was his last meeting with the board, that it’s been an honor, and that if all goes well with the city council the new board member would be Dennis Knapp. With no further discussion, Chairman Jackson adjourned the meeting. _____________________________ BOARD SECRETARY MINUTES BZA – December 11, 2018