Board of Zoning Appeals (BZA)

MEETING RESULTS ‐ ZIONSVILLE BOARD OF ZONING APPEALS October 10, 2017 The Regular meeting of the Zionsville Board of Zoning Appeals occurred Tuesday, October 10, 2017 at 6:30 p.m. in the Zionsville Town Hall Room 105, 1100 West Oak Street, Zionsville, Indiana. The following items were discussed: I. Continuance Requests Docket Number Name Address of Project Item to be considered None at this time II. New Business Docket Number Name Address of Project Item to be considered Approved, with commitments – 4 in Favor, 0 Opposed Petition for Development Standards variance in order to improve the property with a single‐family dwelling which: 1) Does not include the minimum first floor square footage 2017‐38‐DSV D. Clarke 9530 E 300 South 2) Has accessory square footage that exceeds the primary square footage in the Rural Low Density Single Family and Two‐Family Residential Zoning District (R2). Respectfully Submitted: Wayne DeLong AICP Town of Zionsville Director of Planning and Economic Development October 23, 2017 Petition Number: 2017-38-DSV Subject Site Address: 9530 E 300 South Petitioner: David P. Clarke Representative: David P. Clarke Request: Petition for Development Standards variance in order to improve the property with a single-family dwelling which: 1. Does not include the minimum first floor square footage 2. Has accessory square footage that exceeds the primary square footage in the Rural Low Density Single Family and Two-Family Residential Zoning District (R2). Current Zoning: Rural Low Density Single Family and Two-Family Residential Zoning District (R2) Current Land Use: Residential Approximate Acreage: 2.87 Acres Zoning History: Lot 3 of the Les Arbres Minor Subdivision, which was approved by the Boone County Area Plan Commission in 2002. It was then consolidated into the Town of Zionsville’s jurisdiction in 2010. Exhibits: Exhibit 1- Staff Report Exhibit 2- Aerial Location Map Exhibit 3- Petitioner’s Site location Map Exhibit 4 – Petitioner’s Narrative Exhibit 5- Petitioner’s Exhibits Exhibit 6- Petitioner’s proposed Findings of Fact Staff Reviewer: Wayne DeLong, AICP Zionsville Board of Zoning Appeals Page 1 of 4 Exhibit 1 October 10, 2017 Petition #2017-38-DSV PETITION HISTORY This petition will receive a public hearing at the October 10, 2017 Board of Zoning Appeals meeting. PROPERTY HISTORY This property is comprised of 2.87 acres known as Lot 3 of the Les Arbres Minor Subdivision. It is presently improved with an accessory structure which gained approval on June 14, 2016 with BZA petition #2016-11-DSV to enjoy square footage that exceeded the primary structure located on Lot 2 of Les Arbres Minor Subdivision (note, the Petitioner owns both Lot 2 and Lot 3, and, given the intentions in 2016, Lots 2 and 3, when combined, met the definition of a Lot of Record). Since that time, the contemplated occupancy and use of the approved accessory structure has evolved, and the Petitioner desires to improve the freestanding building with a residential unit located on the second floor (to be occupied by a family member). As Lots 2 and 3 have the right to exist independently, and based on the Petitioner’s interests, Staff suggested that the Petitioner pursue a Variance Petition seeking to establish a single-family dwelling on Lot 3 via the variance process (rather than pursuing the request as a modification to the prior variance, or seeking relief from accessory use standards found in the Zoning Ordinance). ANALYSIS As outlined in the Property History section of this Report, the Petitioner desires to finish the second floor of an existing accessory structure (approved by Petition 2016-11-DSV) to include approximately 800 square feet of living quarters and 3,200 square feet of shop/storage space. The Petitioner’s intentions is for the square footage, which is improved for residential occupancy, be utilized by a family member. The 8,000 square foot structure, as proposed, would be utilized as described below (data source: Boone County Assessor and/ or Petitioner): 1. Proposed dwelling living space: 800 square feet 2. Existing and proposed accessory uses total 9,386 square feet. Per the applicant, this total includes: a) A 3,200 sq ft garage b) A 130 sq ft mechanical room c) A 670 sq ft work room d) A proposed 3,200 sq ft shop/storage room e) A proposed 86 sq ft furnace room f) An existing covered porch 900 sq ft g) An existing covered porch 1,200 sq ft By Ordinance, a) two-story single-family dwellings in the R2 (Rural) District require that a minimum of 900 square feet of primary space be located on the first floor and b) accessory uses are not permitted to exceed the area of the primary use of the property. As filed, the Petition is requesting 1) that zero (0) square footage of primary space be located on the first floor, and 2) 9,386 square feet of accessory uses associated with an 800 square foot primary use. Zionsville Board of Zoning Appeals Page 2 of 4 Exhibit 1 October 10, 2017 Petition #2017-38-DSV In summary, each Lot is permitted to be improved with a single-family dwelling complying with the minimum standards found in the Zoning Ordinance. While no conditions exist to preclude this action from being undertaken now or in the future, the Petitioner desires to occupy both Lots 2 and 3 concurrently (utilizing the existing improvements, as proposed to be internally converted). In Staff’s review of the filing, this combination of factors is key to Staff supporting the requested deviations from the Town’s Zoning Ordinance (within the existing, previously approved, freestanding building enjoying a previously granted accessory v primary ratio). Further, Staff’s support of the petition is unique to this filing (as No support would be offered to a stand-alone single-family dwelling which did not meet standards). And, as this home site is within a platted subdivision, Staff is conscious of the home site’s presence within a platted subdivision and the interest that the Les Arbres Minor Subdivision Home Owners Association (or collective representation of the property owners) may have in the Petitioner’s request. In conclusion, 1) barring any concerns of the Les Arbres Home Owner’s Association (or any other party entitled to receive personal notice) being made of record during the disposition of the Petitioner’s request, and 2) the Petitioner establishing a Zoning Commitment indicating that Lot 2 and Lot 3 in Les Arbres Subdivision will remain under common ownership until such time that improvements on Lot 3 are rendered compliant with the Zoning ordinance, or, an additional variance approval is secured, Staff is supportive of the request, as filed. PROCEDURAL – CONSIDERATION OF A DEVELOPMENT STANDARDS VARIANCE PETITION The Board of Zoning Appeals shall hear, and approve or deny, all variances from development standards of the Zionsville Zoning Ordinance. A variance from development standards may be approved only upon written determination that: (a) The approval will not be injurious to the public health, safety, morals, and general welfare of the community: (b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner: (c) The strict application of the terms of the zoning ordinance will result in an unnecessary hardship in the use of the property. Proposed Findings of Fact are attached for the Board of Zoning Appeal’s consideration. STAFF RECOMMENDATIONS Staff recommends approval of the design standards variance included in Docket #2017-38-DSV, subject to the execution (and recordation) of a Zoning Commitment within 60 days of disposition of the Board of Zoning Appeals which indicates that Lot 2 and Lot 3 in Les Arbres Subdivision will remain under common ownership until such time that improvements on Lot 3 are rendered compliant with the Zoning ordinance (supporting the establishment of a single-family dwelling meeting the minimum standards of the Zoning Ordinance), or, an additional variance approval is secured. Zionsville Board of Zoning Appeals Page 3 of 4 Exhibit 1 October 10, 2017 Petition #2017-38-DSV RECOMMENDATION MOTION I move that Docket #2017-38-DSV design standards variance in order to improve the property with a single-family dwelling which does not include the minimum first floor square footage and has accessory square footage that exceeds the primary square footage, be (Approved as filed, based upon the findings of fact / Approved as recommend by Staff / Denied/ Continued) as presented. Zionsville Board of Zoning Appeals Page 4 of 4 Exhibit 1 October 10, 2017 Petition #2017-38-DSV  ZIONSVILLE BOARD OF ZONING APPEALS MEETING MEMORANDUM FOR Tuesday October 10, 2017, at 6:30 p.m. Zionsville Town Hall – Meeting Room 105 - 1100 West Oak Street Present: Greg Morical, Steve Mundy, Julia Evinger, and Larry Jones. John Wolff absent. Staff attending: Wayne Delong and Carol Sparks Drake, attorney. A quorum is present. 1. Opening a. Call meeting to order – Chairman Greg Morical called the meeting to order at 6:30 p.m. b. Pledge of Allegiance was said. c. Attendance was taken by the Secretary. 2. Approval of the August 8, 2017, and September 12, 2017, Meeting Minutes Upon motion by Mrs. Evinger, seconded by Mr. Mundy, the August 8, 2017, meeting minutes were approved. Upon Motion by Mr. Jones, seconded by Mrs. Evinger, the September 12, 2017, meeting minutes were also approved, with Mr. Mundy abstaining. 3. Continuance Requests None 4. New Business Petition #2017-38-DSV, David Clarke, 9530 East 300 South, for a development standards variance in order to improve the property with a single-family dwelling which (1) will not include the minimum first floor square footage and (2) will have accessory square footage that exceeds the primary square footage. Mr. Morical asked Mr. Clarke to clarify whether this is the only structure on the lot. Petitioner explained that he owns both Lots 2 and 3 in Les Arbres Subdivision. His home is on Lot 2, and Lot 3, as shown on Exhibit 5 to his petition, contains the accessory structure for which Mr. Clarke is requesting a variance for a single-family dwelling unit. Mr. Morical asked whether petitioner is willing to commit that this variance will only be in effect so long as both Lots 2 and 3 are owned in common and whether petitioner is also willing to commit that the requested single-family dwelling structure will not be rented. Mr. Clarke responded affirmatively and agreed to both prospective Commitments. Mr. Jones requested clarification whether the second story already exists. Petitioner explained that a second story was built when the accessory structure was originally constructed, but at that time the second floor was not finished. Mr. Mundy asked for clarification of the address. Petitioner clarified that Lots 2 and 3 each have a separate address. Mrs. Evinger inquired whether the petitioner has checked with the Fire Department as to any life/safety concerns in using the structure as a dwelling. Petitioner explained that there was a fire a few months ago, and the Fire Department’s equipment was able to reach the accessory structure at  that time. Petitioner also confirmed he will add an exterior staircase, creating a 2nd exit, if the variance is approved. Mr. DeLong stated staff is supportive of the petition as filed, noting this lot was the subject of a prior variance. Mr. DeLong expanded on the unique situation of the petitioner owning two adjoining lots that each have the right to exist individually, as two lots of record. Staff encourages the use of two addresses for emergency support services. The proposed Findings currently focus on family needs, as opposed to land use; therefore, Mr. DeLong recommended the Findings be revised to focus on zoning and land use in meeting the variance statutory requirements. Staff is supportive of the petition as filed and encourages the execution of Commitments as discussed in the staff report. Mr. Morical discussed the Findings of Fact and asked that those be updated. Petitioner stated the requested single-family dwelling will be a transitionary living space, for most likely the next 5-8 years, for his special needs son until shared housing in the community is an option. Action Taken: Mr. Mundy moved that Docket #2017-38-DSV, development standards variance in order to improve the property at 9530 East 300 South with a single-family dwelling which (1) does not include the minimum first floor square footage and (2) will have accessory square footage that exceeds the primary square footage, be approved, subject to the following Commitments, to be reduced to writing and recorded within sixty (60) days of this approval: a. the approved single-family dwelling will not be made available for lease or rented (exclusive of use by Petitioner’s son); and b. the variance approval will only be in effect as long as both Lots 2 and 3 in Les Arbres Subdivision are owned in common by the same owner. Mrs. Evinger seconded the motion, which was approved, subject to the Commitments, by a vote of four in favor, zero opposed. 5. Other Matters a. Findings of Fact for Docket #2017-31-UV S. Wang – Upon motion by Mr. Jones, seconded by Mr. Mundy, these Findings of Fact were approved. b. Findings of Fact for Docket #2017-32-DSV S. Wang – Upon motion by Mr. Jones, seconded by Mr. Mundy, these Findings of Fact were approved. 6. Adjourn The next meeting of the Zionsville Board of Zoning Appeals is scheduled for Tuesday, November 14, 2017, at 6:30 p.m. Respectfully Submitted: Wayne DeLong AICP Town of Zionsville Secretary Board of Zoning Appeals