Board of Zoning Appeals (BZA)

MEETING NOTICE AND AGENDA- ZIONSVILLE BOARD OF ZONING APPEALS May 10, 2016 The Regular meeting of the Zionsville Board of Zoning Appeals was scheduled Tuesday, May 10, 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 April 12, 2016 Meeting Minutes IV. Continuance Requests V. Continued Business VI. New Business Docket Address of Name Item to be considered Number Project Petition for Development Standard variance to provide for improvements to a residential 10604 dwelling on a non-conforming lot located in the (B-2) Urban General Business Zoning District 2016-09-DSV Kruger Zionsville Approved Road 3 in Favor 0 Opposed Petition for Use Variance to provide for the operation of a Bed and Breakfast, (without food service) within a Single Family Dwelling in the (RV) Residential Village Zoning District 665 W. Laurel 2016-10-UV W. Totty Continued to the June 14, 2016 Board of Zoning Appeals Meeting Ave 3 in Favor 0 Opposed Other Matters to be considered: 2016-03-SE, Gunter, Status of Right-to-Farm document Respectfully Submitted: Wayne DeLong AICP Town of Zionsville Director of Planning and Economic Development April 21, 2016  Town of Zionsville Board of Zoning Appeals May 10, 2016 Pledge of Allegiance was said and attendance was taken by the Secretary. Present: Greg Morical, Chairman, Larry Jones, Al Wopshall. Absent: John Wolff and Julia Evinger. Staff attending: Wayne DeLong Carol Sparks Drake, attorney. A quorum is present. Morical Good evening and welcome to the May 10. 2016, meeting of the Board of Zoning Appeals for the Town of Zionsville. 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 Present DeLong Mr. Wopshall? Wopshall Present. DeLong Mr. Jones? Jones Present. DeLong Mr. Wolff? DeLong Ms. Evinger? Morical The next item on our agenda is the review and approval of the April 12, 2016, meeting minutes, which were in the Board meeting packets. Are there any comments on the minutes? Hearing none, I would entertain a motion. Wopshall I move that we approve the minutes of the April 12, 2016, meeting as written. 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. The next item on our agenda is continuance requests, and we received a continuance request from Mr. and Mrs. Zionsville Board of Zoning Appeals May 10, 2016 Doyle as it respects Docket #2016-10-UV, W. Totty, relating to 665 West Laurel Avenue. That was a written request received by the Town and distributed to the Board that requested a continuance of this matter to the June 14, 2016, meeting. And this was a request that was timely received. Are there any comments by the Board? Hearing none, I would entertain a motion to continue that matter to the June 14, 2016, meeting. Wopshall I will make that motion to continue Docket #2016-10-UV for Totty, for Laurel Avenue, to be continued to the June 14, 2016, meeting per the remonstrator’s. 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. The next item on our agenda is continued business of which we have none, and then there is new business and that’s Docket #2016-09-DSV, Kruger, as it relates to 10604 Zionsville Road. Will you please come up and state your name and address for the record? Kruger Good evening. My name is Natalie Kruger, and I reside at 10604 Zionsville Road. Morical Thank you. If you could give us a brief overview of what you’re asking for tonight. Kruger Certainly. I’m here on behalf of my husband and I this evening seeking a Development Standard Variance to build a new garage to replace the old garage and attach it to our home. Our home is currently zoned B2-Business, but it operates as a residence. Morical Okay. Thank you. And, as part of this, you’re going to be demolishing your current garage? Kruger Yes, and that has occurred. We obtained the demolition permit and the garage is down, which was required to fix some drainage issues in our basement. Morical Okay. Great. Are there any other questions for the petitioner? Hearing none, are there any remonstrators here tonight? Seeing none, may we have the staff report please? DeLong Thank you. This property is zoned B-2, however, the single family residence has been there for quite some time and has received previously, in 2011, an additional variance to allow for an expansion. Staff is certainly supportive of the continued use of the property for single family purposes, and recognizes that this Page 2 of 4 Zionsville Board of Zoning Appeals May 10, 2016 is just a minor expansion of the home given the demolition of the existing garage. Again, staff is recommending approval and I’d be happy to answer any questions. Morical Thank you, Wayne. Any questions for staff? Jones I have a quick question, Wayne. How much of the land, just going down Zionsville Road there, is B-2? DeLong Well, unfortunately, we don’t have the zoning map attached here. It’s just an aerial photograph. The Taylor Oil facility is B-2, as I recall, so there is quite a bit of frontage that’s commercially zoned. Jones And, then is the next parcel south of the Taylor property, do you know? DeLong I don’t know off hand. I wish we had a zoning map attached to the aerial photograph. Jones Okay. It’s just a general question that just sort of cropped up in relation to the Fabrico project we keep reviewing, and so I can go check it out on my own. So, all right, thanks. Nothing big. Morical Thank you, Larry. Any further questions for staff? Hearing none, I would entertain a motion. Wopshall I will make a motion. I will move that Docket #2016-09-DSV, Design Standards Variance, to provide for improvements to a residential dwelling on a nonconforming lot located in the B-2, Urban General Business Zoning District, be approved as filed based upon the Findings of Fact as presented. Morical Thank you, Al. 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. Kruger Thank you. Morical And, Carol, is there any action we need to take with respect to the Gunter status right-to-farm document? Drake I have not heard from Janice on the status of that. I don’t know if Wayne knows anything on their Right to Farm. Page 3 of 4 Zionsville Board of Zoning Appeals May 10, 2016 DeLong I do. They are continuing to work on it. I don’t have a time frame for you. I just know that we’ve been in communication and they’re aware of their responsibility to get this wrapped up. Morical Okay. Thank you, Wayne. Are there any other matters to come before the Board of Zoning Appeals tonight? Hearing none, I hereby adjourn our meeting. Jones So moved. Page 4 of 4