Board of Zoning Appeals (BZA)

Town of Zionsville Board of Zoning Appeals July 8, 2014 Pledge of Allegiance was said and attendance was taken by the Secretary. Present: Greg Morical, Chairman, Al Wopshall, and Brian Traylor. John Wolff was absent. Larry Jones joined the meeting in progress. Staff attending: Wayne DeLong, Carol Sparks Drake, attorney. A quorum is present. Morical Hello and welcome to the July 8, 2014, Zionsville Board of Zoning Appeals meeting. The first item on our Agenda is the Pledge of Allegiance. All Pledge. Morical The next item on our Agenda is attendance. DeLong Mr. Morical? Morical Here. DeLong Mr. Wopshall? Wopshall Present. DeLong Mr. Jones? DeLong Mr. Wolff? DeLong Mr. Traylor? Traylor Present. Morical The next item on our Agenda is the approval of the June 10, 2014, meeting minutes. I believe everybody has a copy of the draft minutes in their packet. I noticed that there were a couple of question marks as to who made certain comments in the minutes. Can we work to identify who those questionmarks belong to. Traylor The second on the minutes was me. Drake I’m sorry? Morical The second question mark. Drake Second question mark, so that’s the – Traylor No the first question mark, the second is – Drake Oh, oh thanks Brian. Zionsville Board of Zoning Appeals July 8, 2014 Morical So the question mark on page 1 and then page 2 there are a couple of different question marks. Traylor The first question mark was John Wolff. As is the second. Morical And then we’re on page 3. Drake Does anyone know the first question mark at the top of page 3, who that comment was made by? Wopshall I don’t think it was me. Traylor I believe it was John Wolff, as well, in his continuing the questions. Drake And the next question mark on who made the motion? Or the second? Wopshall Well, I probably made one or the other of those two. Drake Okay. Wopshall But I don’t recall. Morical We just have one more question mark. Drake Al, are you comfortable with having made the motion? Wopshall Yes, I am. Drake Brian, do you recall if you seconded or John? Traylor I believe I did. Drake Okay, thank you. Morical Terrific. Are there any other comments on the minutes? Hearing none, I would entertain a motion. Wopshall I would make the motion that we approve the minutes of the June 10, 2014, Board of Zoning Appeals meeting as corrected from our conversation today. Morical Is there a second? Traylor Second. Morical All those in favor say aye? All Aye. Morical Any opposed? Motion carries. Page 2 of 5 Zionsville Board of Zoning Appeals July 8, 2014 Drake Mr. Chairman, if I might before we leave the minutes, your official minutes appear to have stopped last month although you did go on and approve the findings in the Pulte cause as well as the Gummere matter. It would be my recommendation, since that approval is not shown in the June 10 minutes, but your signatures reflect that the BZA acted on those matters last month that someone make a motion to ratify your approval of the Pulte filing in 2013-30A- DSV and the Board’s approval of the findings in the Gummere matter 2014-05- DSV. And, Larry, it would be my recommendation that you abstain since you weren’t here last month in ratifying that approval. Jones Okay. Morical Should we also note that Larry has joined the meeting for the meeting minutes? Drake Yes. Morical Welcome Larry. Jones Thank you. Morical So you want us to note, Carol, that we approved these findings of fact at the last – Drake Ratify, a motion ratifying your action and approving those findings of fact at the June 10, 2014, meeting. Morical In addition to our signatures on there? Drake Yes. Morical Okay. I would entertain a motion. Drake Your signatures are not needed on that copy if that’s – okay. Morical Right, no, but to help the motion. Wopshall Okay, I will make a motion that we amend the minutes from last month’s meeting to make note that we approved the findings of fact from petition 2013- 30A and 2014-05 – they’re both DSV. I guess that’s the motion. Drake Thank you. Morical Is there a second? Traylor Second. Morical All those in favor say aye? All Aye. Page 3 of 5 Zionsville Board of Zoning Appeals July 8, 2014 Morical Any opposed? Any abstentions? Jones Aye. Morical The motion passes. So the next item on our Agenda is continuance requests. DeLong Yes, as you are aware Mike Andreoli representing the Willow Ridge Homeowners Association filed a request for continuance. This is a continuance for cause of the Pulte matter and this would continue the request to the August 12 meeting if you so choose to approve it. The petitioner, by their absence this evening, is agreeing to it and also indicated via e-mail that they agreed to the continuance as requested by Mike Andreoli. In fact, both gentlemen as we speak are meeting with interested parties at another location. Morical Okay. Thank you very much. Any comments on the continuance request? So it is at our discretion whether to grant the continuance request since it was requested less than one week before our meeting. It is also in our discretion to require that the petitioners provide additional notice to potentially interested parties whether by registered mail, first class mail and/or a notice in the newspaper. Does anybody have any thoughts on that? It would be my suggestion that we consider requiring them to provide notice to interested parties again by first class mail to the same group of adjoining property owners that had received the registered mail. Doing it by first class mail provides notice and allows them to avoid the additional and at that point unnecessary expense, of registered mail, and because I perceive that there are interested parties beyond just the adjoining property owners, I believe it would make sense to require that they also provide a notice in the newspaper again letting people know that the hearing will be held in August instead of tonight. Any further discussion? If none, I would entertain a motion and if you’ll add in there what you would suggest in terms of required notice that would be great. Wopshall Okay, I will make a motion that we continue Docket #2014-07-DSV for Pulte Homes until our regularly scheduled August meeting and prior to that that Pulte notice the same people that were noticed prior to this meeting, this time via first class mail and also put a notice in the newspaper notifying that this meeting will take place next month. Morical Is there a second? Jones Second. Morical All those in favor say aye? All Aye. Morical Any opposed? Motion passes. So I see that we’ve got no continued business and no other new business. Any further items – ma'am could we help you with anything? Page 4 of 5 Zionsville Board of Zoning Appeals July 8, 2014 Audience I’m here for the meeting. Morical Okay, thank you very much. Audience And the next meeting will be when? Morical August 12. Yeah, August 12. With no further matters before the Board I hereby adjourn our meeting. Page 5 of 5