Board of Zoning Appeals (BZA)

Town of Zionsville Board of Zoning Appeals September 10, 2013 Pledge of Allegiance was said and attendance was taken by the Secretary. Present: Larry Mitchell, Al Wopshall, and Jay Parks. Steve Schanke and Greg Morical absent. Staff attending: Wayne DeLong, Carol Sparks Drake, attorney. A quorum is present. Mitchell I would like to call the September 10, 2013 Zionsville Board of Zoning Appeals meeting to order. First item on the Agenda is the Pledge of Allegiance. All Pledge. Mitchell For anybody that needs an Agenda they are out in the front. You can pick them up out there. Next item is the attendance. DeLong Mr. Mitchell? Mitchell Present. DeLong Mr. Morical? DeLong Mr. Schanke? DeLong Mr. Wopshall? Wopshall Present. DeLong Mr. Parks? Parks Present. Mitchell We have three and therefore a quorum and can conduct business. The next item on the Agenda is the approval of the August 13, 2013 meeting minutes. Are there any changes or corrections? Wopshall I have one very small change or correction. On page 19 under my comments the word stricture should probably be structure. Mitchell All right I will entertain a motion to approve as amended. Parks So moved. Mitchell Is there a second? Wopshall Second. Zionsville Board of Zoning Appeals September 10, 2013 Mitchell A motion has been made and seconded. Any other discussion? Hearing none, all those in favor of the motion signify by saying aye. All Aye. Mitchell Opposed nay, motion carries. The next item is to handle any requested continuances on the docket tonight. The first item where we have a requested continuance is Item 2013-15-DSV under the name Quail Run. The address of the project is 1152 West Oak Street and 585-605 Ford Road. Would the petitioner please come forward? And when you come forward please speak into the microphone and start off by stating your name and your address for the record. Sharp Justine Sharp representing Buckingham Companies, 941 North Meridian, Indianapolis, Indiana. Mitchell All right please. Sharp We would like to request a continuance for the project to present to the Parks Board on tomorrow, Wednesday, and also address all drainage and sewer connection issues. Mitchell Are there any questions for the petitioner? Staff have any comments? DeLong No we do not. Staff recognizes and certainly supports the request for a continuance to the October 8, 2013 meeting. Mitchell All right. I would entertain a motion to approve the continuance. Parks I would move that we continue Docket #2013-15-DSV to our October 8 meeting as requested. Mitchell Is there a second? Wopshall Second. Mitchell Motion has been made and seconded. All those in favor of the motion signify by saying aye? All Aye. Mitchell Opposed nay, motion carries. Thank you. Sharp Thank you. Mitchell The other item requesting to be continued is Item 2013-16-DSV under the name S. Stum. The address of the project is 8355 East 50 South. I think the Staff has comments on this. Page 2 of 13 Zionsville Board of Zoning Appeals September 10, 2013 DeLong Yes, Staff is in support of a continuance request. This would allow the petitioner time to stake a finger system for the septic field. I believe just trying to work through if the septic field fingers are within 10 feet of the lot line and that’s something that needs to be avoided and that was unknown when the lots were drawn by the surveyor. With that, Staff is supportive of a continuance request to the October 8 BZA meeting. Mitchell Are there any questions for Staff? I would entertain a motion for the continuance. Wopshall I make a motion that we continue 2013-16-DSV until our October 8, 2013 meeting. Parks Second. Mitchell Motion has been made and seconded. All those in favor signify by saying aye? All Aye. Mitchell Opposed nay. Motion carries. Thank you. So the next item of continued business is Item #2013-11-DSV under the name R. Morehead. The address of the project is 10250 East 200 South. It’s a petition for Development Standards Variance of the AG Agricultural District in order to 1) allow continued presence of accessory structures whose combined square footage exceeds the square footage of the primary structure and to allow for accessory structures to exceed the height of the primary structure. This is how we operate at the Board of Zoning Appeals. Essentially, the petitioner will come forward first. They have an opportunity to present their case. They’re given 15 minutes to present their case. Any remonstrators can come forward and they’ll have 15 minutes to present their case. The petitioner will be given five minutes of rebuttal and any remonstrators would be given five minutes of the final. The Board can ask questions throughout that time. It does not count against your 15 minutes, but the first thing you should do, anybody wishing to come forward and speak should state your name and your address for the record. Ma'am? Morehead I’m Rachel Morehead at 10250 East 200 South. Mitchell Go ahead. Morehead I’m not sure what to say other than we are trying to do a fun cool thing for our kids. Mitchell Why don’t you walk us through the project just so we can get a good feel for it? Morehead Well it’s a long story as it started. Mitchell Well you have 15 minutes. Page 3 of 13 Zionsville Board of Zoning Appeals September 10, 2013 Morehead Well we started with trying something last year that didn’t work out and there’s a lawsuit over that to get that removed, so we just decided to do it on our own the right way and since the rules stated that playhouses and playsets were not required to have permits or anything, although it is a very large, but there were no limits given, so we went ahead and started, so here we are. Mitchell Are there questions for the petitioner? Okay we’ll try this, is there anybody here to remonstrate on the matter? All right we will hear the Staff Report. DeLong Thank you. Certainly, this matter is one that is atypical for you to hear dealing with accessory uses, versus primary uses and square footages. I tried to detail many of these items for you as much as we could in the Staff Report. In summary, the accessory uses as requested by the petitioner are much larger than the primary use of the property. The primary use is the dwelling which is 1,296 square feet. The total accessory uses when it’s all said and done will be 4,800 square feet. Certainly, the petitioner’s intention to build a playhouse, the playhouse itself I don’t have the square footage right off the top of my head, I want to say it’s 1,200 square feet for the 1-1/2 story – Morehead It’s 16 x 24, the house itself. DeLong So 16 x 24 and that’s not the old Bob’s Barn. Morehead No, but that’s why we chose that size to do the same size correctly. DeLong So in a nutshell the petitioner has plans to make renovations to the home to make the accessory uses basically equal to the primary use of the property. That’s where the ordinance and the property would be in compliance with the ordinance; however, the petitioner has started construction of all the accessory uses first without having the home meet the standard. Hence the need for the variance, so what Staff has outlined for you in the Staff Report is a plan to bring the property into compliance. We’ve shared these comments with the petitioner. They can certainly comment on this even if they’ve provided no comment to Staff. Staff is supportive of the request subject to the conditions as outlined in the Staff Report. I would be happy to answer any questions and, certainly, I do want to clarify. Yes, in the rural district playhouses and barns and things of that nature, playsets do not require a permit, if you will. They do require drainage approval and those types of things, but the ordinance simply doesn’t contemplate a large playhouse like the one the petitioner is constructing. Parks Question, this is the Ag district? My understanding is it’s in the Ag zoning. DeLong Yes, it is Ag. Parks My neighbor rezoned his property from residential to Ag in order to have an accessory structure far in excess of his house and I thought that that was one of the things that was allowed in the Ag district. DeLong It is if the property is being actively farmed. Page 4 of 13 Zionsville Board of Zoning Appeals September 10, 2013 Parks And this was not. DeLong I can’t speak to that. The ordinance indicates that agricultural uses, the barn, farms, and outbuildings can be much larger than other primary use. Parks The accessory use was for a recreational horse barn as opposed to any kind of a farm. I guess you’d call it – DeLong It’s Ag use. Parks But a semi-ag use, but nowhere close to pulling a plow. That’s why I was curious because they went through the process of getting it rezoned in order to have that opportunity to build an accessory structure far in excess, a footprint far in excess of the house itself and so that’s why I was interested in why we had to go through this, but it’s because the accessory use is not agricultural-based is why you’ve chosen this particular route. DeLong Correct. Parks Okay. Mitchell Now have you seen the requested items by Staff? Morehead Yes. Mitchell And do you have a problem with those? Morehead I think the time frame given is a little stressful, but I mean we’ll do our best to accommodate. Mitchell So you would be agreeable to them? Morehead Yeah and it would’ve been done years ago if – DeLong Mr. Mitchell if I may, I mean does the petitioner have a suggested time frame? Morehead I think maybe two years would be a little more reasonable. DeLong Two years to commence with construction? Morehead Yeah, I mean that would probably be reasonable. DeLong That’s certainly what the Board--- Mitchell So if the, the recommendations would be changed to two years to commence construction. Page 5 of 13 Zionsville Board of Zoning Appeals September 10, 2013 Parks October 31, 2015? DeLong It would basically roll all these, the 2014 dates to 2015. Parks Right. DeLong And the 2016 date to 2017. Parks Okay. Parks Okay, hearing no other comments I’ll move that Docket #2013-11-DSV a Development Standards Variance to permit a deviation from the height, bulk, and area standards in the Ag District for property located at 10250 East 200 South be approved based upon the findings in the Staff Report as presented. The following commitments apply and must be reduced to writing on Town forms within 30 days of the grant of the variance or the variance approval will be rescinded, so you have 30 days to complete these. 1) That both the 394 square foot playset house and associated 590 square foot deck system are required to be removed from the property by August 31, 2014 unless the property owner has obtained an improvement location permit from the Town (and all associated approvals) authorizing the property owner to commence with construction of additions to the dwelling as described in the minutes of this meeting of the Board of Zoning Appeals. Any questions? We changed that to 2015. I’m sorry I would amend my own motion to make that date August 31, 2015. 2) An improvement location permit associated with the proposed addition to the single-family dwelling shall be filed for review by the Town no later than August 31, 2015 with construction commencing no later than October 31, 2015. The permit shall provide for an addition of at least 900 square feet of conditioned living space, insulated walls, (insulated roof, etc). to the dwelling. Substantial completion of all additions and renovations that appear on the submitted plans shall be reached by May 30, 2017. Mitchell A motion has been made. Is there a second? Wopshall Second. Mitchell 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. Morehead Thank you. Page 6 of 13 Zionsville Board of Zoning Appeals September 10, 2013 Mitchell The next item on the Agenda is Docket #2013-14-DSV under the name M. McMahon. The address of the project is 3863 Willow Road. It’s a petition for Development Standards Variance in the R-2 low-density single family and two family residential zoning district to allow for the use of a shared drive. Prior to the petitioner presenting his case I would like Staff to provide a clarification to the board on their Staff comments that are often reviewed during this presentation. DeLong I’m making sure all Board Members have a copy of the Staff comments? Mitchell Yes. DeLong When this petition first came in for Staff’s review several months prior we had a prefiling meeting or two with the petitioner, not with the petitioner’s agent, but certainly with the landowner. It was Staff’s understanding this property was improved with two single-family dwellings. That is not the case. There is just one large home out there now. There’s a second building that has the shape of a dwelling, but it’s actually a very large barn. With that in mind Staff wants to correct that there’s only one dwelling on the property currently. Therefore, Staff’s recommendations would be to support, if so sought by the petitioner or the agent, to construct two single family dwellings in addition to the current dwelling that’s there under the structure of the Staff Report. Mitchell Is that clear to the Board Members? All right thank you. Sir? Thomas My name is Rob Thomas of Thomas Law Group and I represent the petitioner. My address is 4600 Northwest Plaza, West Drive, Suite D, Zionsville, Indiana 46077. Point of order, real quick it is my understanding that there was someone that was going to be recusing themselves from this and I’d just like clarification on that. Is that – Mitchell The potential recuser has consulted with Counsel and has determined that there is no conflict. Thomas Okay, thank you very much. Staff is correct .We did approach the Town about this project prior to filing the petition and the parcel currently has 56 acres and it is broken up into approximately six parcels. You can see on the site plan that was submitted, Site Exhibit, Exhibit 3. There are some parcels to the south. There’s also one large parcel to the north and then north of that there’s two more parcels and to the west there are two additional parcels. My client that I represent is proposing to build at least one home and possibly three homes on the existing parcels that exist. The Town had indicated a problem with the current drive because it does provide somewhat a hazard due to the fact that it is built in a flood area and as such during heavy rains it does flood, so taking that into consideration my client proposed coming in from the north on Willow Springs Drive and putting a private drive in there and due to that requirement to put that in we needed this variance of the development standards to make sure that they could have a safe access to the property. Page 7 of 13 Zionsville Board of Zoning Appeals September 10, 2013 If you look at the site exhibit again the parcel that exists with the access to Willow Springs Drive currently there is no driveway there, but they do have a 75,000 wide access to Willow Springs Drive. The proposal is that we will put a private drive coming back through there. There is actually a driveway bed that has existed there for several years which was an extension of Willow Avenue and that driveway will be placed on there. It will have access then and provide access to at least three of the additional parcels which could be built upon. We have met, this was originally set for last month. We met with several of the people that had sent in letters to the Town and we have, I believe, addressed their concerns. We also talked to the Homeowners Association, met with them after the last hearing and we proposed some additional commitments to them, so that we were assuring them that the homes that will be built out there will be built in a way that is consistent with the surrounding neighborhood which is Willow Ridge to the west. I submitted those to the Homeowners Association and their attorney. I have not heard back from them, but I’m assuming that they were happy about that, but I’m not sure if they’re here today to talk, but Staff has recommended in their report that we address the private drive. If more than two additional homes go on there that it be a drive that is substantial according to the standards, so that the safety vehicles can get back there safely. We plan on building a driveway that is fairly substantial already, but would appreciate approval as we have submitted it and we are willing to make that commitment, if we go to the fourth home, that we will make that a more substantial driveway, so I have in my possession and I provided it to Staff earlier this week, but I do have the voluntary commitments which we are willing to make to the Homeowners Association I think somewhat happy in making sure that we live up to those commitments and essentially the main things are we’re going to build a home that is consistent with the covenants and restrictions that exist in the neighborhood. We are not going to seek their approval for that, but we are certainly going to build it in a way that is consistent with what is next door. We’ve also proposed a gated entrance to the south. One of the concerns is there’s a blue heron nesting area there and we’ve proposed that for various reasons we’re going to put a gate there which will limit access down there, which will limit any disturbance of those, the blue heron. We have also addressed construction traffic as one of the homeowners in that area sent me an e-mail requesting that we do limit access to that, so that he didn’t have construction traffic up and down there consistently everyday, so we have addressed that and I would provide those to you at this time if it’s alright to approach. Mitchell Please. Thomas In addition to what I’ve already said we also made a commitment to pay $1,500 a year for anyone that builds a home back there. Each homeowner would be required to pay $1,500 a year towards maintenance of the common areas because we will be accessing our property through Willow Ridge, so that was one of the things that was of concern and we have addressed that. With that I’m willing to take any questions that you may have on the project. Page 8 of 13 Zionsville Board of Zoning Appeals September 10, 2013 Parks Who owns that property where the proposed road will go? Thomas Currently Mike and Johanna McMahon own the property. That lot, if you look at that lot coming off of Willow Springs, the proposal is that they will continue to own that lot. We will have a private drive easement and maintenance agreement for that, so each homeowner back there eventually will be responsible for constructing and maintaining that. Parks Why would you not put a gate on the north end of that road? Thomas On the north end? Parks Yes. Thomas Well it’s within the neighborhood and I believe it would be out of context with what exists with all the other driveways in that area. We’re going to put a driveway to the south to cut off access from the south and limit that access, but I think it would be out of context with what is going on. We’ve also made commitments relative to a mailbox that will be consistent with the other neighbors and so they didn’t ask us to put a gate at the north and we’re not necessarily opposed to that, but I’m not sure that they’re for that. Parks Thank you. Mitchell Is the existing access off of 131st? Thomas It is, yeah that’s Willow Road. Parks That’s a long drive. Thomas That’s a very long driveway and – Mitchell And that doesn’t disturb the blue heron? Thomas Well the home has been unoccupied for several years. The blue heron existed before the neighborhood went in to the west. The homes that exist in the neighborhood are closer to the blue heron than this proposed home would be, so I think, I talked to this with the Audubon folks and when I told them what we were going to do he said I have no problems with that. If you’re limiting access along the road we’re all for it. Mitchell All right are there any remonstrators here tonight on this petition? Hearing none we’ll hear Staff Report and if we have any more questions for you we’ll ask you. Page 9 of 13 Zionsville Board of Zoning Appeals September 10, 2013 DeLong Thank you. Staff is supportive of the request and to clarify the recommendations Items 2, 3, and 4 we would merely shift 1 to the number of 2. In summary this project as indicated by the petitioner is composed of five parcels. It’s intended to construct as to no more than four homes per the development commitments. Staff certainly supports the request as petitioner is proposing it this evening along with the caveat that a roadway be constructed if there is that level of density on the overall site and the roadway would be per the Town standards specific to the Fire Department’s largest apparatus and the weight of that vehicle. Staff again is recommending approval subject to the four items outlined in the Staff Report and certainly to see those incorporated into the petitioner’s voluntary commitments is what Staff would support and then this would also be reduced to writing on the Town’s variance commitment form and that would be recorded at the County Recorder. Again, Staff’s recommending approval and I’d be happy to answer any questions. Mitchell Are there any questions for Staff? Hearing none since we only have three of us tonight, so all three of us have to vote. Typically as Chair I don’t make motions or second motions, but since these motions tend to get lengthy I will step up and read this one. I move that Docket 2013-14-DSV Development Standards Variance to permit a deviation from the public road frontage requirements in the Residential R2 District for the property located at 3863 Willow Road be approved based on the findings of fact in the Staff Report as presented. If approved based on the Staff Report the following commitments apply and must be reduced to writing on Town forms and recorded within 30 days of the grant of the variance or the variance approval will be rescinded. 1) A new private drive shall be available for use prior to the occupancy of any new single-family dwellings constructed within the 54.29-acre site. 2) Prior to the utilization of the private drive by more than two new single family dwellings the private drive shall be improved with a surface that is designed to support the weight of the Zionsville Fire Department’s heaviest apparatus. 3) Prior to utilization of the private drive by more than two new single family dwellings the private drive shall be designed with a turnaround area cul de sac hammerhead that supports the turning maneuvers of the Zionsville Fire Department’s largest apparatus. 4) Prior to the private drive being utilized by more than two new single family dwellings a maintenance agreement shall be executed and recorded with the Boone County Recorder which supports the establishment of the private drive and its maintenance in perpetuity and; 5) The inclusion of the voluntary commitments as provided by the petitioner. Parks I’ll second that. Mitchell A 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. Mitchell Opposed nay, motion carries. Thank you. Page 10 of 13 Zionsville Board of Zoning Appeals September 10, 2013 Thomas Thank you very much. Mitchell The next item on the Agenda is 2013-17-SE under the name P. O’Connor with the property at 7501 East 100 North, Whitestown. It’s a petition to allow a special exception to allow for a new single family dwelling in an Ag Agricultural District. O’Connor Patrick O’Connor, 3421 Eden Way Place, Carmel, Indiana. Just petitioning for the building of a single-family residence in an ag district. The home is 4500 square foot. The value of the home, construction costs is $890,000. It’s a retired couple who will put no additional stress on city services and they’ve already lived in Austin Oaks for the past 14 years. Mitchell I just want to point out for the Board’s acknowledgement that there are two names on the deed and we have received approval, the owner’s authorization from both parties. All right, are there any questions for the petitioner? Staff Report. DeLong Thank you. Staff is recommending approval of the petition as filed. We do note that petitioner’s finding of fact numbers 3 and 4 in particular will need a little bit of extra clarification this evening on the record just so we can simply put together findings of fact for you to sign next meeting if you so choose to approve the petition this evening. Certainly, the third condition deals with undue congestion on public streets. That particular item with one single family dwelling being added to the street load may be the wording of the finding to think about the petitioner this evening and the proposal and the fourth finding deals with the use being or not being detrimental to the health, safety, morals, and general welfare of the community. Again, addition of a single-family dwelling to the area being a common feature found in this area. Again, to walk through that this evening with the petitioner’s agent. Staff is recommending approval of the petition as filed, except as noted for those items to be clarified. The property is near the Cobb legal drain, so there is a portion of the property that is under the flood zone hazard area and no improvements are proposed within that flood zone hazard area. The second issue as noted in the Staff Report is the right to farm acknowledgment and simply we’ll work with the petitioner’s agent to have that form executed upon conclusion of this meeting this evening if the petition is so approved. Again, Staff’s recommending approval and I’d be happy to answer any questions. Mitchell Sir, and you understand the right to farm portion of the requirement? O’Connor No I don’t. DeLong I can walk through that. Simply stated we need the petitioner to acknowledge that there are farming activities that occur in this area and there will be continued farming activities in this area. Page 11 of 13 Zionsville Board of Zoning Appeals September 10, 2013 O’Connor Oh okay, yeah that’s no problem. They’re well aware of that. DeLong Counsel, if there’s any additional information that we need to state? Drake No, it’s just so that you know that you’re going into an agricultural area with your home or your owners do and they understand that. They won’t claim it’s a nuisance or that the noise – O’Connor Absolutely not, they’re going to this with – no it’s a horse pasture now. Mitchell For the young high school kids in the audience, that has happened in the past where somebody will build a house in an Ag area and then complain that people are farming in that area, so we always ask people that are going to put up a single family residential structure in an Ag area that they acknowledge prior to that that there are farms there and they are going to continue farming, so that’s what that was all about, so. Any further questions? If not, I would entertain a motion. Parks I move that Docket 2013-17-SE for a Special Exception petition in the Ag District for the property located at 7501 East 100 North be approved based upon the Staff Report as presented. It shall be required that the petitioner execute a right to farm acknowledgment documentation as part of this approval. Wopshall I second that. 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. Mitchell Opposed nay, motion carries. Thank you sir. O’Connor Okay, thank you. Mitchell The next item on the Agenda is item 2013-18-SE under the name K. Miller. The address of the project is 100 yards west of Michigan Road on the south side of 100 North. The item to be considered is a petition to allow a special exception to allow for a new single family dwelling in an Ag Agricultural District. Would the petitioner please come forward? Miller Good evening, my name is Nate Miller. I live at 8822 Amber Stone Court in Zionsville and am representing I suppose, myself and my wife, Kelly Miller, who has worked on the paperwork and brought the petition forward. Just in brief I’m a farmer in Zionsville in Boone County. Also, work off the farm and I farm this property which is 36 acres along with 31 acres directly to the south. We would like to build a house there for our children and for ourselves and that essentially is the petition as we have it submitted. The house is approximately 3,800 square foot as we have it drawn up now. We believe it is very consistent with the local use and pattern in the area on 100 North and approximate build value now is about $540,000. Page 12 of 13 Zionsville Board of Zoning Appeals September 10, 2013 Mitchell Are there any questions for the petitioner? Are there any remonstrators here tonight? Staff Report. DeLong Thank you. Staff is recommending approval of this petition similar to the previous matter. We have the right to farm analysis that needs to be completed and executed. In addition this property is within two miles give or take of the airport, so certainly looking to acknowledge the presence of the airport, Indianapolis Executive Airport, this evening on the record that that is within approximately two miles of the subject site. Again, Staff is recommending approval and I’d be happy to answer any questions. Mitchell And sir you understand the right to farm? Miller Yes, sir. Mitchell As discussed in the last one. Miller I certainly do. Mitchell Being a farmer, I’m sure you appreciate that. Miller I do. Thank you. Mitchell And what about the acknowledgement of the airport? Miller Yes, sir. Mitchell Okay. Are there any questions? Hearing none, I’d entertain a motion. Wopshall I move that Docket #2013-18-SE Special Exceptions petition in the Ag District for the property located at 9191 East 100 North be approved based upon the Staff Report as presented and the petitioner must execute the right to farm acknowledgement document. Parks I second that motion. Mitchell A motion has been made and seconded. 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 sir. Miller Thank you, thank you very much. Mitchell No other matters being on the Agenda before this Board, the meeting is adjourned. Page 13 of 13