Board of Zoning Appeals (BZA)

MEETING RESULTS - ZIONSVILLE BOARD OF ZONING APPEALS MAY 9, 2018 The Regular meeting of the Zionsville Board of Zoning Appeals occurred Wednesday, May 9, 2018 at 6:30 p.m. in the Zionsville Town Hall Room 105, 1100 West Oak Street, Zionsville, Indiana. The following items are scheduled for consideration: I. Continuance Requests Docket Number Name Address of Project Item to be considered Continued to June 5, 2018 - 5 in Favor, 0 Opposed Petition for Development Standards Variance, to provide for ZCS Wireless the construction of a 125’ wireless communications tower 2018-05-DSV Telecommunication 4400 South 875 East which would: Structure 1) Exceed the allowable height in the Special Use Zoning District (SU-1). Continued to June 5, 2018 - 5 in Favor, 0 Opposed ZCS Wireless Petition for Special Exception to allow for the construction of 2018-06-SE Telecommunication 4400 South 875 East a 125’ wireless communications tower in the Special Use Structure Zoning District (SU-1). Approved w/exhibits as filed – 5 in Favor, 0 Opposed Petition for Development Standards variance in order to 2018-07-DSV S. Herron 955 W Oak Street provide for the construction of a detached garage which: 1) Exceeds the allowable accessory square footage in the Urban Residential Village Zoning District (R-V). Continued to June 5, 2018 - 5 in Favor, 0 Opposed Petition for Development Standards variance in order to B & D Homes First 640 & 650 Mulberry provide for construction of single family homes which: 2018-08-DSV Addition Street 1) Are not connected to public water 2) Deviate from the minimum road frontage – Lot 3 only in the Urban Residential Single Family Zoning District (R-SF-2). II. New Business Docket Number Name Address of Project Item to be considered Approved w/exhibits as filed – 5 in Favor, 0 Opposed Petition for Development Standards variance in order to provide for the construction of a detached garage which: 2018-10-DSV J. Chamness 9305 E 200 South 1) Exceeds the allowable accessory square footage in the Rural Low Density Single-Family Residential Zoning District (R-2). May 14, 2018  Approved w/conditions – 4 in Favor, 1 Opposed Petition for Special Exception to support ongoing Special Oak Center Food 2018-11-SE 1213 W Oak Street Event Road Side Food Sales Stand consisting of a tent in a Tent parking lot within the Urban General Business Zoning District (Urban B-2). Continued to June 5, 2018 - 5 in Favor, 0 Opposed Petition for Development Standards variance to: A: Construct a 78 lot Residential Subdivision with: 1) Reduced front yard and building line setbacks 2) Reduced perimeter street buffers 3) Open Space located on an adjacent parcel in the Special Pulte Homes / Use Zoning District (SU-7) 2018-12-DSV Little League 8602 E 500 South in the Urban Residential Single-Family Zoning District (R-SF-2) International B: Construct the Headquarters for the Little League facility, which: 1) Deviates from required development standards 2) Deviates from required Architectural Design of the Urban Office Business Zoning District (B-O), with outdoor operations Approved w/commitments – 5 in Favor, 0 Opposed Petition for Special Exception to allow for an existing 2018-13-SE J. Williams 7829 E 100 North residential building to remain in the Rural Agricultural Zoning District (AG). Approved w/commitments – 5 in Favor, 0 Opposed Petition for Use Variance to allow an former stable workers 2018-14-UV J. Williams 7829 E 100 North apartment within a barn located on the applicant's property, to continue to be rented as an apartment in the Rural Agricultural Zoning District (AG). Approved w/commitments – 5 in Favor, 0 Opposed Petition for Development Standards Variance, to continue to allow a single-family residence in addition to the operations of a public stable which: 1) Exceeds the number of allowed primary uses on one parcel 2018-15-DSV J. Williams 7829 E 100 North 2) Exceeds the allowable accessory square footage of the first structure to that of the primary square footage 3) Exceeds the allowable accessory square footage of the second structure to that of the primary square footage 4) Exceed the height of the primary structure in the Rural Agricultural Zoning District (AG). Approved w/exhibits as filed – 5 in Favor, 0 Opposed Petition for Development Standards variance in order to provide for the construction of chimney which: 2018-16-DSV J. Gill 190 N Main Street 1) Exceeds the required lot coverage of 35%, to 41.6.% 2) Deviates from the required front yard setback in the Urban Residential Village Zoning District (R-V). Respectfully Submitted: Wayne DeLong AICP Town of Zionsville Director of Planning and Economic Development May 14, 2018  ZIONSVILLE BOARD OF ZONING APPEALS MEETING MEMORANDA FOR Wednesday, May 9, 2018 at 6:30pm Zionsville Town Hall-Room 105 1100 West Oak Street Members Present: Greg Morical, Larry Jones, Julia Evinger, John Wolff, and Steve Mundy Also Present: Darren Chadd, BZA Attorney, Wayne DeLong, AICP, CPM, Director of Planning & Economic Development 1. Opening A. Call meeting to order-President Greg Morical called the meeting to order at 6:30pm B. Pledge of Allegiance C. Attendance 2. Approval of Minutes of the April 10, 2018 meeting (meeting minutes available) Action Taken: A motion was made to approve the minutes of the April 10, 2018, meeting. The motion was seconded. The minutes were approved by a vote of five in favor, zero opposed. 3. Continuances a. Petitions 2018-05-DSV & 2018-06-SE were continued to the June meeting of the Board of Zoning Appeals at the request of the BZA as to allow the Petitioner time to submit materials requested by the Board of Zoning Appeals at the April 10, 2018 meeting. Action Taken: A motion was made to continue Petitions 2018-05-DSV & 2018-06-SE. The motion was seconded. The Petitions were both continued to the June 5, 2018 meeting, with no new notice required, by a vote of five in favor, zero opposed. b. Petition 2018-08-DSV was continued to the June meeting of the Board of Zoning Appeals at the request of the Petitioner as to allow the Petitioner additional time to interact with interested parties regarding the filing. The Petitioner is amending the proposal and the Petition, so new notice is required. Action Taken: A motion was made to continue Petitions 2018-08-DSV. The motion was seconded. The Petition was continued to the June 5, 2018 meeting by a vote of five in favor, zero opposed. 1100 West Oak Street, Zionsville, Indiana 46077 Main Line: 317-873-8247 www.zionsville-in.gov/planning 4. Continued Business a Petition 2018-07-DSV, Steve and Gina Herron, 955 West Oak Street was heard by the Board of Zoning Appeals. Steve Herron presented the Petition for Design Standards Variance approval to the Board of Zoning Appeals. The Board was presented a listing of square footages associated with both primary uses and accessory uses (both existing, and contemplated), as well a site plan and conceptual elevations of a proposed detached garage which illustrated a structure that exceeded the allowable square footage permitted by right in the Urban Residential Village Zoning District (R-V). The Board of Zoning Appeals acknowledged that other properties in the area enjoy the use of a detached garage (as does the property currently). No one from the public spoke concerning the Petition. Action Taken: A motion was made to approve the Petition, as filed, subject to the submitted findings of fact and incorporation of Staff’s Report and recommendation contained in its Report. The motion was seconded. The petition was approved by a vote of five in favor, zero opposed. 5. New Business a. Petition 2018-10-DSV, Jason and Allison Chamness, 9305 East 200 South, was heard by the Board of Zoning Appeals. Jason Chamness presented the Petition for Design Standards Variance approval to the Board of Zoning Appeals. The Board was presented a listing of square footages associated with both primary uses and accessory uses (both existing, and contemplated) on the property, as well as a site plan and conceptual elevations of a proposed detached garage which illustrated a structure that exceeded the allowable square footage permitted, by right, in the Rural Single Family Residential Zoning District (R-2). The Petitioner acknowledged a contemplated future renovation of the currently uninhabited portion of the basement as a means to create additional square-footage associated with the primary building. No one from the public spoke concerning the Petition. Action Taken: A motion was made to approve the Petition as filed, subject to the submitted findings of fact and incorporation of the Staff’s Report and recommendation contained in the Report (as amended at the meeting, which included that the Petitioner will render a currently uninhabited portion of the basement as habitable, to recommend approval of the Petition as filed).The motion was seconded. The motion was approved by a vote of five in favor, zero opposed. b. Petition 2018-11-SE, Oak Center Food Tent, 1213 West Oak Street, was heard by the Board of Zoning Appeals. Ken Woods presented the Petition for Special Exception to the Board of Zoning Appeals. The Board was presented with an amended site plan indicating both the proposed location of the proposed tent and size of the proposed tent (now 10 feet x 20 feet), and proposed conditions related to the operation of the Roadside Food Sales Tent, as follows: a) site operation will be limited to the hours of 10:00am to 6:00pm daily, b) the operation will only occur annually between July 1st and September 15th, c) the parking stall improved with the tent will be screened from Oak Street by the parking of a vehicle (within a parking stall) between the Oak Street and the contemplated tent, d) approval limited to three years and is subject to revocation in event that operation is found, by Staff, to be in non-compliance with conditions after one year, e) only fresh food (aka produce, and not pre-packaged or processed goods) will be sold at 1100 West Oak Street, Zionsville, Indiana 46077 Main Line: 317-873-8247 www.zionsville-in.gov/planning  the stand, f) the operation will have a clean and organized appearance, g) no signage will be installed related to the operation of the Road Side Food Sales Stand, h) no lighting related to the operation of the Road Side Food Sales Stand, i) and that no items shall be stored outside with all produce to be removed daily from the sales area. The Board acknowledged that the Petition seeking approval was limited to the sale of fresh produce, and not any other type of outdoor retail activity. No one from the public spoke concerning the Petition. Action Taken: A motion was made to approve Petition as presented by the Petitioner, subject to the submitted findings of fact, the Petitioner’s offered conditions, as identified as items (a) – (i) above, and the amended site plan submitted at the meeting. The motion was seconded. The motion was approved by a vote of four in favor, one opposed (John Wolff). c. Petition 2018-12-DSV, Pulte Homes / Little League International was heard by the Board of Zoning Appeals. Matt Price presented the Petition for variance to the Board of Zoning Appeals and distributed both a packet for the review containing both a site plan and conceptual elevation of specific structures contemplated to occupy the overall site. Additionally, the Board was provided updated proposed Findings of Fact by the Petitioner. Interested parties individually spoke at the meeting and offered information related to the Petition (with the general nature of comments and order offered to the Board of Zoning appeals listed below): Mr. Matt Stump: concern regarding overall proposed density and negative impact on property values; concern regarding lack of maintenance of public roadways and usability of roadways for contemplated development. Mr. David Owens: indicated concern with legal sufficiency of public notice Mr. Max Schmidt: concern with the contemplated development; concern with relationship with established development pattern Ms. Carolyn Schiferl; concern regarding potentially adverse impact on property values; concern with overall proposed density Mr. Clay Barnes: concern with the contemplated development; concern with relationship with established development pattern Mr. Michael Lyons: concern with the contemplated development Mr. Paul Jefferson: concern with the contemplated development; concern with relationship with established development pattern Dr. Tom Peters: concern with contemplated development and impact on adjacent undeveloped agricultural fields Mr. Mike Cline: shared information specific to presence of high water table and the need for sump pumps Mr. Mike Rinebold: indicated support for the Petition The Board of Zoning Appeals, in its disposition of the filing, reviewed and questioned the merits of the filing, and noted that the Petitioner provided updated Findings of Fact with no opportunity to be reviewed by any interested party as the documents were submitted at the hearing. Action Taken: A motion was made to continue the Petition to the June meeting. The motion was seconded. The motion was approved by a vote of five in favor, zero opposed. 1100 West Oak Street, Zionsville, Indiana 46077 Main Line: 317-873-8247 www.zionsville-in.gov/planning d. Petitions 2018-13-SE and 2018-14-UV, James and Marie Williams, 7829 East 200 South, was heard by the Board of Zoning Appeals. Tim Ochs presented the Petitions to the Board of Zoning Appeals. The Petition was amended by the applicant to indicate that only farm hands and domestic workers would occupy the apartment. Staff expanded on this clarification and indicated that employees associated with equestrian activities conducted on the premise (trainers, for example) would as well be considered farm hands. An interested party (Mr. Rene Hart) spoke to concerns regarding the Petitions, including means and methods associated with waste water disposal, and the creation of a new apartment. Further, he indicated concern with potential future remonstrance in the event his adjacent agricultural use intensified to include a herd of cattle. The Board of Zoning Appeals acknowledged that 1) all Special Exception petitions execute a Right to Farm commitment, and the same will be required in the case of the proposed Petition, and the property was currently improved with the structures which sought approval in the form of the requested Special Exception petition and associated Variance of Use Petition. Further, the Board of Zoning Appeals requested the establishment of a sunset on the life of the Use Variance, to which the Petitioner proposed 10 years. Action Taken: A motion was made to approve the Petition as amended, subject to the proposed Findings of Fact, and the execution of the following Commitments within 90 days of the approval of the Petition: a) Right to Farm b) occupancy of apartment limited to farm hands (inclusive of equestrian training staff) and domestic employees, and c) variance of use expires on May 8, 2028. The motion was seconded. The motion was approved by a vote of five in favor, zero opposed. e. Petition 2018-15-DSV, James and Mary Williams, 7829 East 200 South, was heard by the Board of Zoning Appeals. Tim Ochs presented the Petition to the Board of Zoning Appeals. The Board was presented a site plan as well as a listing of square footages of primary uses and accessory uses located on the property, and acknowledged that the property was already improved with the structures which sought approval in the form of a Variance of Development Standards. Action Taken: A motion was made to approve the Petition as amended, subject to the proposed Findings of Fact, as presented. The motion was seconded. The motion was approved by a vote of five in favor, zero opposed. f. Petition 2018-16-DSV, John and Anne Gill, 190 N Main Street, was heard by the Board of Zoning Appeals. John Gill presented to the Petition to the Board of Zoning Appeals. The Board was presented a site plan, conceptual elevations, and an interior photograph of the home illustrating the former location of the fire place. The Board of Zoning Appeals acknowledged that other properties in the area enjoy the use of an exterior chimney associated with a fire place (as the property once enjoyed). No members of the public spoke concerning the Petition. Action Taken: A motion was made to approve the Petition as amended, subject to the proposed Findings of Fact, as presented. The motion was seconded. The motion was approved by a vote of five in favor, zero opposed. 1100 West Oak Street, Zionsville, Indiana 46077 Main Line: 317-873-8247 www.zionsville-in.gov/planning D. Other Matters (None) E. Adjourn The next scheduled meeting of the Board of Zoning Appeal is calendared to occur on Tuesday, June 12, 2018. However, the President of the Board of Zoning Appeals has called for a Special meeting of the Board of Zoning Appeals to occur on Tuesday June 5, 2018 at 6:30pm (with notice forthcoming as to both the cancellation of the June 12, 2018 meeting and the scheduling of the June 5, 2018 special meeting). Respectfully Submitted, Wayne DeLong, AICP, CPM BZA Secretary 1100 West Oak Street, Zionsville, Indiana 46077 Main Line: 317-873-8247 www.zionsville-in.gov/planning