Board of Zoning Appeals (BZA)

MEETING NOTICE AND AGENDA- ZIONSVILLE BOARD OF ZONING APPEALS April 12, 2016 The Regular meeting of the Zionsville Board of Zoning Appeals was scheduled Tuesday, April 12, 2016 at 6:30 p.m. in the Bev Harves Room at Zionsville Town Hall, 1100 West Oak Street the following items were scheduled for consideration: I. Pledge of Allegiance II. Attendance III. Approval of the March 8, 2016 Meeting Minutes IV. Continuance Requests V. Continued Business Docket Address of Name Item to be considered Number Project Approved 1340 N. 1200 5 In Favor G. Gunter and 2016-03-SE East Sheridan 0 Opposed K. Gunter IN Petition to allow a Special Exception to allow for a new residential build in an (AG) Agricultural District VI. New Business Docket Address of Name Item to be considered Number Project Approved 1340 N. 1200 5 In Favor G. Gunter and 2016-08-DSV East Sheridan 0 Opposed K. Gunter IN Petition for Development Standards variance to deviate from the required lot depth to width ratio exceeding 3 to 1, in the (AG), Agricultural Zoning District. Other Matters to be considered: 2015-45-UV, H. Barbara and W. Craft, Status of Commitments 2016-01-DSV, K. Smith, Status of Commitments Respectfully Submitted: Wayne DeLong AICP Town of Zionsville Director of Planning and Economic Development April 14, 2016  Town of Zionsville Board of Zoning Appeals April 12, 2016 Pledge of Allegiance was said and attendance was taken. Present: Greg Morical, Chairman, Larry Jones, Al Wopshall, and John Wolff. Julia Evinger joined the meeting in progress. Staff attending: Carol Sparks Drake, attorney. A quorum is present. Morical Good evening and welcome to the April 12. 2016, meeting of the Zionsville Board of Zoning Appeals. The first item on our agenda is the Pledge of Allegiance. All Pledge. Morical The next item on our agenda is attendance. Drake Mr. Morical? Morical Present. Drake Mr. Wopshall? Wopshall Present. Drake Mr. Jones? Jones Present. Drake Mr. Wolff? Wolff Present. Drake Ms. Evinger? Morical The next item on our agenda is the review and approval of the March 8, 2016, meeting minutes that were included in the Board meeting packet. Are there any comments on the minutes? Hearing none, I would entertain a motion. Wopshall I move that we approve the minutes of the Board of Zoning Appeals meeting of March 8, 2016, as written. Morical Thank you. Is there a second? Jones Second. Morical All those in favor, please say aye. All Aye. Zionsville Board of Zoning Appeals April 12, 2016 Morical Any opposed? Motion carries. Thank you. The next item on our agenda is continuance requests. Are there any continuance requests tonight? Okay, thank you. The next item is continued business, which is Docket #2016-03-SE, G. and K. Gunter. Hello, if you’d please approach the podium and state your name and address for the record.. We can essentially address both of your petitions. Badger ---That was going to be my first request. Hi, it’s Chris Badger, with Badger Engineering located here in Zionsville, and with me tonight are the Gunters, and they are requesting a division of their property to be able to allow the home site on an agricultural. And, when they did the breakout, they actually formed a non-a parcel that’s not a 3 to 1 ratio, so the second docket is for making that approved, or get the exception, the variance. Morical Seeking a variance, right. Badger And, if you have any questions, Bud’s here as well. Morical Well, one question for you. We noticed the survey that showed the new individual parcel. Have you recorded a deed to— Badger --We don’t have a deed yet because it hasn’t been transferred to his daughter, and that’s when you get the deed, but I do have the recorded instrument. So, that was one of the things they’d asked me to bring. Morical Right, okay, that separates the parcels. Okay, perfect. Okay, so we show that that’s recorded. Thank you. And, that’s the same, it’s the 2.969 acres, is that right? Badger That’s correct. She has both tracks. Morical Thank you very much. And, track #2, is it buildable? Badger Correct. Morical Okay. Thank you. Any other questions for the petitioner? Badger Just to let you know, we have been in contact with both the Highway Department and the Public Health, and we just got our test this past week, and they’ve been filed with the Board of Health of Boone County. And, we’ve also been in contact with DNR, because we are along a floodplain, and that has been marked out in the field as well. So, we know that the septic field will not be in the floodplain or any portion of the home. Morical And, you’ve got plenty of space to build the house. Badger Yes, we do. Thank you. Page 2 of 4 Zionsville Board of Zoning Appeals April 12, 2016 Morical Great. Any further questions for the petitioner? Thank you very much. Hearing none, are there any remonstrators here tonight? Okay. And, the petitioner is aware that you have the right to farm commitment? Badger If you look at my letter, the last letter, well, actually all the letters we’ve included that in there as well. Morical Okay. Perfect. Thank you very much. So, as a Board, we just need to remember to note as part of taking action on the special exception, the right to farm commitment, that they need to abide by that as a condition on that approval, but otherwise, is there any discussion amongst the Board? Hearing none, I would entertain a motion. Wolff Do you want to hear the staff report? Morical Oh, right, sorry. Wayne is not present tonight. He is not feeling well, so we all received in the – Wolff --Oh, I’m sorry. Morical Yes, we have no Wayne. We all received in our packets the written staff reports for both items, and staff is supportive. Wolff Great, thank you. Evinger Would you entertain a motion even though I’m late? Morical Yes, Ms. Evinger. Evinger Thank you. Okay, so this is for the Docket #2016-08-DSV, correct? Morical We are actually acting on both, but we could do them independently, that’s fine. Evinger Okay. Morical And, that’s what Carol would prefer. Wolff You do 08, I’ll do 03. Evinger Okay. Wolff I would like to move that Docket #2016-03-SE, Special Exemptions petition in the Agricultural District for the property located at 1302 North 1200 East be approved based on the staff report and the proposed findings. I would like to add a commitment that the petitioner, part of the approval would be that the petitioner execute the right to farm acknowledgement documentation. Morical Perfect. Thank you. Is there is second? Page 3 of 4 Zionsville Board of Zoning Appeals April 12, 2016 Wopshall I second. Morical All those in favor, please say aye. All Aye. Morical Any opposed? Motion carries. Thank you. We are now ready to take action on the next docket number. Evinger Okay. I move that Docket #2016-08-DSV, design standards variance to permit a lot depth to width ratio in excess of 3 to 1, while maintaining road frontage of at least 125 feet when measured at the existing or proposed right of way line, in the Rural Agricultural Zoning District for the property located at 1340 North 1200 East be approved based upon the findings in the staff report as presented. Morical Thank you. Is there a second? Jones Second. Morical All those in favor, please say aye. All Aye. Morical Any opposed? Motion carries. Thank you very much, and best of luck. On our agenda we have a status update to be provided as it relates to two commitments. Carol, could you please address those? Drake Yes. The Craft commitments, you might recall, relate to the hair salon. Those have been recorded and a copy of the recorded document provided to the Planning Department, The K. Smith commitments have also been recorded and provided to the Planning Department. So, both of those two items have been completed. Morical Thank you very much, Carol. So, tonight we need to sign the Findings of Fact. Is there anything further that we need to address this evening? Anything further from the audience? Seeing none, I hereby declare the meeting adjourned. Page 4 of 4