Board of Zoning Appeals (BZA)

Town of Zionsville Board of Zoning Appeals June 11, 2013 Pledge of Allegiance was said and attendance was taken by the Secretary. Present: Larry Mitchell, Greg Morical, Al Wopshall, Steve Schanke. Staff attending: Wayne DeLong, Carol Sparks Drake, attorney. A quorum is present. Mitchell I would like to call the June 11, 2013 Zionsville Board of Zoning Appeals meeting to order. First item on the Agenda is the Pledge of Allegiance. All Pledge. Mitchell Will the secretary please take attendance? DeLong Mr. Mitchell? Mitchell Present. DeLong Mr. Morical? Morical Present. DeLong Mr. Schanke? DeLong Mr. Wopshall? Wopshall Present. DeLong Mr. Parks? Mitchell All right there are three of the five of us present, so there is a quorum, so we can conduct business. The next item on the Agenda is the approval of the May 14, 2013 meeting minutes which were provided in each of our member’s packs. Are there any changes to those minutes? Zionsville Board of Zoning Appeals June 11, 2013 Drake Yes, Mr. Chairman in those minutes on page 1 the second individual who speaks on page 1 is indicated as Hayes. Mr. Haynes is on the Plan Commission. I believe that was Mr. Wopshall, so that should be revised. On page 3 the second time Mr. Schanke is referenced it says yes and then it will kind of lever out, should be cantilever out. Mr. O’Connor also on that page the fourth time he speaks second line there t-h-e-r-e should be their t-h-e-i-r and on page 5 in Mr. Parks’ motion third line residual village should be residential village and the fourth line from the bottom of that same motion carryover is 360 West Linden Street, recorded in the Office of the Boone County Recorder, and with those changes I believe there is nothing else from my perspective. Mitchell Thank you let the record reflect that Board Member Steve Schanke has arrived and is present. We are currently reviewing the minutes from the last meeting. Are there any other changes? Schanke I reviewed them and didn’t see anything. Mitchell Would you make a motion to approve then? Schanke I will make a motion to approve the amendments. Did you make changes? Mitchell We did, we did. Schanke I will make a motion to approve the minutes as amended in the meeting. Mitchell Great, is there a second? Wopshall Yes, I will second that motion. Mitchell Motion has been made and seconded. Is there any further discussion? Hearing none, all those in favor of the motion signify by saying aye. All Aye. Page 2 of 5 Zionsville Board of Zoning Appeals June 11, 2013 Mitchell Opposed nay. Motion carries. Next item on the Agenda is new business. For those that have picked up an Agenda out in front there is only one item on our Agenda tonight. The second item listed under the address of 10661 Andrade Drive has been removed from the docket, so therefore we only have one item on our Agenda tonight. The way this works is the petitioner will come forward and speak at the microphone. Please state your name and your address before you start speaking, so we know who’s speaking on the recordings. You will have 15 minutes to present your case. After that any remonstrators will have 15 minutes to present their case. You have five minutes to rebut and then finally the remonstrator would have five minutes to rebut as the final saying. The Board can ask questions along at any time throughout your presentation. That time will not be counted against you. The first item on the Agenda is Docket #2013-07-DSV under the name L. Bush. The address of the project is 985 West Oak Street. The item to be considered is a petition for Development Standard Variance in order to install a porch, which will cause an aggregate setback of 9 feet 9 inches. The residential village standard setback requirement is an aggregate of 15 feet. Would the petitioner please come forward? Bush Good evening, my name is Linda Bush. I live at 985 West Oak Street. I’m here tonight requesting a variance from the minimum aggregate side yard of 15 feet on my property at 985 West Oak Street in order to build a 12 x 12 screened in porch on the west side of my home. The porch will add 5 feet 6 inches to the total width of the structure. Now since the filing of the original request for a variance I have requested and received from the Town of Zionsville a vacation of the alley on the west side of the house. This vacated alley has added 5 feet to the setback of my home, which is 4 feet 9 inches on the east side and 15 feet 6 inches on the west side of the home giving an aggregate setback of 20 feet, 3 inches. Now with the 5 feet, 6 inches addition of the porch the setback would become 14 feet, 9 inches which would be 4 feet 9 inches on the east side of the house, 10 feet on the west side of the house and that’s 3 inches short of the 15 feet required in that zoning ordinance. There are no homes on the west side of the property, which would be affected by the addition. The porch will enhance the appearance of the home and will afford my family and friends the opportunity to view and appreciate the Zionsville Rail Trail, which borders the west side of the property. Pursuant to the Town of Zionsville zoning ordinance section 2.13.B.5.3 I respectively request the granting of a variance from the minimum aggregate side yard of 15 feet for the addition of a 12 x 12 screened in porch on the west side of my home at 985 West Oak Street, which will add 5 feet, 6 inches to the total width of the house making the aggregate setback 14 feet 9 inches. Are there any questions? Page 3 of 5 Zionsville Board of Zoning Appeals June 11, 2013 Schanke Did I understand you to say that they had vacated the alley or was in the process? Bush They did vacate it last week. DeLong And I can speak to that and Ms. Bush did an excellent job describing exactly what happened. When this petition was filed and advertised it was advertised appropriately with 9 foot 9 inches as the issue at hand. Last week the Town Council on June 3 granted the vacation of the alley. That paperwork is in process now and you know has some responsibilities to manage and he has taken care of that just fine. That said the Staff Report maintains the same language that was advertised and so since the relief that’s requested this evening is less than what the Staff Report is talking about the encroachment is even less than what was advertised because relief is literally 3 inches. That is what the petitioner is requesting and the Staff is recommending approval of that request on the same basis, the same basis as the Staff Report. Mitchell Are there any further questions for the petitioner? Wopshall Now then the alley is vacated and your structure will not encroach any further on the alley than your present concrete, is that correct? Bush Yeah, that’s correct. Wopshall Thank you. Schanke Yeah, this shed, I’m not sure if it’s your shed, there’s a shed also shown that was encroaching into the alley, but – Bush Right, but now it’s not. Schanke That clears up both of those items too so. Bush Right. Mitchell All right, thank you. Is there anybody here to remonstrate against this petition tonight? Seeing none we will have the Staff Report. DeLong Again, thank you. The Staff is recommending approval of the petition as described this evening. Literally the change happened last week when the Town Council’s action lessened the impact and the request in front of you this evening Staff is recommending approval of the 3-inch encroachment and we’d be happy to answer any questions. Page 4 of 5 Zionsville Board of Zoning Appeals June 11, 2013 Mitchell Are there any questions for the Staff? Hearing none I would entertain a motion. Morical I move that Docket #2013-07-DSV Design Standards Variance to reduce the side yard aggregate setback requirement in the residential village district for the property located at 985 West Oak Street be approved based upon the findings in the Staff Report as presented. Mitchell A motion has been made. Is there a second? Wopshall I second the motion. Mitchell All right, a motion has been made and second. Is there any further discussion? Hearing none, all those in favor of the motion signify by saying aye. All Aye. Mitchell Opposed nay, motion carries. Thank you ma'am. Bush Thank you, thanks. Mitchell There being no other items on our Agenda tonight the Board of Zoning Appeals June 11, 2013 meeting is closed. Page 5 of 5