Board of Zoning Appeals (BZA)

BZA MEETING RESULTS ZIONSVILLE BOARD OF ZONING APPEALS Wednesday, September 7, 2022 6:30 PM (Local Time) THIS PUBLIC MEETING WAS CONDUCTED ONSITE AT ZIONSVILLE TOWN HALL IN ROOM 105 (COUNCIL CHAMBERS), LOCATED AT 1100 WEST OAK STREET: The following items are scheduled for consideration: I. Pledge of Allegiance II. Attendance 5 of 5 members attended. (In-person S. Mundy, C. Lake, A. Pickell, L. Jones, K. Postlethwait) III. Approval of the August 3, 2022, Minutes IV. Election of an Interim Board of Zoning Appeals Secretary Elected: Janice Stevanovic, Planning Manager V. Continuance or Withdrawal Requests Docket Name Address of Project Item to be considered Number Petitioner requested a continuance to the October 5, 2022, BZA Meeting. 295 N. Fourth Street 5 in Favor, 0 Opposed 2022-45-DSV J. Barson Petition for a Development Standards Variance to Zionsville, IN 46077 provide for a single-family dwelling and pool which exceeds the allowable lot coverage in the Urban Village Residential Zoning District (R-V). VI. Continued Business Docket Name Address of Project Item to be considered Number Executed 11875 E. 200 South Adoption of Negative Findings of Fact confirming the 2022-39-DSV D. Carey Zionsville, IN 46077 Board of Zoning Appeals denial from the August 3, 2022, Meeting. September 8, 2022 VII. New Business Docket Name Address of Project Item to be considered Number Approved as presented & filed w/ exhibits & per staff report. 5 in Favor, 0 Opposed 11818 Sycamore Street 2022-46-UV D. Katz Petition for a Use Variance to provide for a veterinary Zionsville, IN 46077 clinic/hospital in the Urban Neighborhood Business Zoning District (B-1) and within the Urban Michigan Road Overlay (MRO). Approved as presented & filed w/ exhibits & per staff report. 5 in Favor, 0 Opposed Petition for Development Standards Variance to provide for an accessory structure which: 6385 S. 800 East 2022-47-DSV J. Meyers 1) Exceeds the permitted accessory square footage Zionsville, IN 46077 2) Exceeds the allowable height for an accessory structure 3) Memorialize the establishment of an existing 1.10- acre lot (Minimum lot size is 2 acres) in the Rural in the Rural Single-Family Residential Zoning District (R-1). VIII. Other Matters to be considered: Docket Name Address of Project Item to be considered Number Consideration of the 2023 BZA Meeting Dates and Deadlines continued to the October 5, 2022, BZA Meeting date. September 8, 2022 Zionsville Board of Zoning Appeals September 7, 2022 In Attendance: Steve Mundy, Chris Lake, Andy Pickell, Kathi Postlethwait and Larry Jones Staff attending: Suzanne Baker, Janice Stevanovic, Darren Chadd, attorney A quorum is present. Mundy Welcome to the September 7, 2022 meeting of the Board of Zoning Appeals. We’ll invite all of those you in attendance to stand with us and recite the Pledge of Allegiance. All Pledge of Allegiance. Mundy Thank you and could we have an attendance call please? Stevanovic Yes. Mr. Jones? Jones Present. Stevanovic Ms. Postlethwait? Postlethwait Present. Stevanovic Mr. Pickell? Pickell Present. Stevanovic Mr. Lake? Lake Present. Stevanovic Mr. Mundy? Mundy Present. We have a quorum. The first item on the agenda is the approval of the August 3, 2022 minutes. Are there any questions or corrections to those minutes? Hearing none, Mr. Lake, was the, the matter of the location, do we need to make a correction in that, correct? Lake It is written correctly in the minutes but on page 21 of 23 under Docket Number 2022-43-DSV, I evidently read Indianapolis, Indiana which is incorrect and it should be Zionsville, Indiana. The minutes are accurately reflected based on what I said, however, it should’ve been Zionsville. So not technically a correction but for the record. Mundy Thank you. All right, with that correction is there a motion to approve the minutes? Lake So moved. Mundy Thank you Mr. Lake. Page 1 of 14 Zionsville Board of Zoning Appeals September 7, 2022 Postlethwait Second. Mundy Thank you Mrs. Postlethwait. Mundy All in favor please say aye. All Aye. Mundy Opposed same sign. [No response] The minutes are approved. Check back there with the IT, do we have people, anyone online? We do? All right. I’ll ask you if, if any of them wish to speak on any of the petitions to give me a clear signal that I can see from up here, all right? Rust Sure. Mundy Thank you. We also have on the agenda tonight election of an interim Board of Zoning Appeals secretary. As all of you know, the permanent secretary had been the Director of Planning and Economic Development and that position currently, and for a few months now, has been vacant and it is suggested that we have a, a more permanent secretary. And I would like to suggest that we nominate Janice for that role. As a town employee, she’s very plugged in to everything that happens here and would ask that there be a motion to nominate her as the secretary for the Board of Zoning Appeals. Lake So moved. Mundy Thank you Mr. Lake. Postlethwait Second. Mundy Thank you Mrs. Postlethwait. If there are no other nominations, all those in favor please say aye. All Aye. Mundy Opposed same sign. [No response] Janice, thank you for your willingness to take this role on. Stevanovic Absolutely. Mundy Another item that we have continued to use and that is to suspend our rule which requires registered mail for notice on petitions. I notice we do have regular First Class mail used again this month so would someone make a motion to suspend the rules requiring First Class or registered mail for notice? Lake So moved. Page 2 of 14 Zionsville Board of Zoning Appeals September 7, 2022 Mundy Thank you Mr. Lake. Is there a second? Postlethwait Second. Mundy Thank you Mrs. Postlethwait. All in favor say aye. All Aye. Mundy Opposed same sign. [No response] Thank you. We do have Finding of Facts which you should’ve received in your packet from the last meeting and we’ll need to have that signed and, and start down with Mr. Jones and pass that down, that would be fine. Which takes us now to Continued Business. I’m sorry that is the Finding of Facts from the Continued Business. Takes us to the New Business. Are there any petitioners here tonight who wish to request a continuance. Yes sir – would you mind coming to the microphone and request that continuance? Burrus Good evening. Roger Burrus, attorney at 410 West Oak Street. I’m here representing Jackie Barson in a petition for a variance of lot coverage and we’d like to request a continuance. I’ve been in touch with your staff. It’s taken us longer than we expected in order to get a drainage plan put together and knowing from previous situations in the Village where, where I know you’ve been very interested in making sure that, that drainage is accommodated in these lot coverage cases. So I thought that we should just allow a little more time for us to put that together. My client, Jackie Barson, is here with me tonight. It’s not her fault, it, it’s, you know, people getting, getting consultants to, to get their heads together and, and, and, and do that. So we would request a continuance to the October meeting but I also wanted to say that if there’s any, any neighbors or interested parties who would like to speak, we’re open to that to, you know, to their contacting me or Jackie or to speak. We’ve already talked to, to most of the neighbors but I just wanted, you know, if there’s anybody that can't be here for October and would want to make comments tonight, we are open to that. Thank you. Mundy All right. Thank you. I’ll ask – is there anyone here to speak for or against that petition? It does not look like it so. So the October 5th meeting would be a sufficient amount of time for you to conclude your work? Burrus Yes. Mundy Thank you. Is there a motion to continue Petition 2022-45-DSV, Petition for Development Standard Variance to provide for a single-family dwelling and pool which exceeds the allowable lot coverage in the Urban Village Residential Zoning District? Jones So moved. Page 3 of 14 Zionsville Board of Zoning Appeals September 7, 2022 Mundy Thank you Mr. Jones. Is there a second? Postlethwait Second. Mundy Thank you Mrs. Postlethwait. All in favor please say aye. All Aye. Mundy Opposed same sign. [No response] That motion is continued. Burrus Thank you. Barson Thank you. Mundy The next item on the docket is Petition Number 2022-46-UV, D. Katz, 11818 Sycamore Street in Zionsville. Petition for a Use Variance to provide for a veterinary and clinic/hospital in the Urban Neighborhood Business Zoning District (B-1) and within the Urban Michigan Overlay District. Is there someone here representing that? Would you please come to the podium? And if you would state your name and address for the record please. Ball My name is Lauren Ball. I’m a business partner of Denise Katz, so representing her today. My address is 8186 Wind Drift Circle in Brownsburg, Indiana. Mundy All right. Can you go through the petition and what you’re asking for please? Ball Sure. So our, our goal is to open a veterinary surgical center at that location. That building was previously a veterinary clinic 30 years ago and so it’s completely set up for us as far as layout, plumbing, electrical, everything. Honestly, it’s just cosmetic changes that we’re looking to do. It just doesn’t meet within the zoning for us to have a veterinary clinic there. It would be a, a surgical center that would not house animals overnight. They would be brought in in the morning by appointment only and then discharged the same day in the afternoon. We’re looking to have 4 to 5 staff members as well as scheduled appointments in the morning and scheduled discharges. I would be the primary surgeon. Denise would also be helping with things as well. So it’s a pretty small operation. Most, pretty much, everything’s cosmetic. We’re looking to do new siding, new landscaping, just kind of update everything. Paint, of course, so. Mundy Okay. And is the, the siding you mentioned – I guess I drive by there frequently so I can see that there’s something going on. Ball We’ve already taken off all the old siding so it, it’s, it is already zoned, I guess, to be used as a pet store and so if we can’t get this approved that would be the plan for it for what Denise would be doing but our preference is to use it as a veterinary clinic instead. Page 4 of 14 Zionsville Board of Zoning Appeals September 7, 2022 Mundy I, I read here and I think you mentioned it was previously was a veterinary clinic. Do you have any idea how long ago that’s been? Ball About 30 years – Mundy Okay. Ball And then after that it was a music store. Mundy I, I’ve never knew it to be that – Ball Yeah. Mundy Others here have said the same thing so we knew it was several years back. All right. Are there any questions for the petitioner? Postlethwait I do have a question – I’m assuming this, this would be a small animal surgical center? Ball Yes. Postlethwait You’re not having any goats or horses or – Ball No. It would only be dogs and cats. Postlethwait Any cows? Okay. Ball Yes. Postlethwait And is this a facility that would be used by local vets if they needed some surgery for a, an animal in their practice that required a bit more sophisticated surgery? Ball Yes. So that’s exactly what we’re looking to do to provide more of an intermediate cost care. There’s actually quite a shortage of veterinary surgeons right now and there’s a few specialty practices but they’re quite booked out and so I do this as relief work right now anyway so kind of setting up a location where other small animal vets can refer to us. Postlethwait And is it possible if an animal needed to be housed overnight you would have a place to be able to, on the rare occasion, house an animal overnight? Ball We could if we needed to, however, our plan is to have set up with MedVet an airport to be able to transfer those for postoperative care. Postlethwait Okay. Thank you. Ball Yep. Mundy Any other questions for Dr. Ball? Thank you Dr. Ball. Hearing none then could we have the staff report please? Page 5 of 14 Zionsville Board of Zoning Appeals September 7, 2022 Baker Yes, thank you. Like the petitioner said, I think you all are familiar with the location of the site off Sycamore Street by 421. It most recently was a music shop. Previously, as we’ve heard, it was a veterinary clinic. Most likely when it was a veterinary clinic 30+ years ago, it was either a non-conforming use or it was permitted at that time. With the current zoning Neighborhood Business does not permit a veterinary clinic but based on the surrounding uses and the location and what the petitioner is planning to do, staff is not objective of the request and furthermore, they’ve given us information on improvements. It sounds like based on what they’ve told us it’s just more maintenance so at this time I don’t believe that they would be getting any sort of development plan approval from the Plan Commission. At this time but happy to answer any other questions you may have. Mundy Are there any questions for staff? Pickell I have a question – with the planned development across the street – The Farm – am I correct in that? Lake Yes. Pickell Assuming that there’s going to be probably a transition in the traffic, am I right? Will, will that affect you and your parking potentially? Ball I, I don’t believe it will based on – Mundy I’m, I’m going to ask you to come to the podium. We, we can’t capture that otherwise. Ball I, I don’t believe it would. Are you talking about the development to the south of it? Lake Yeah. Ball Yeah, because we’ve actually talked with Steve Pittman. Lake Steve Pittman. Ball Yep because he had sent us an email in support of it but, it shouldn’t affect us. We have all of our parking that we need on our facility because it will be scheduled appointments and because I don’t have so many staff that we have. It’s, it’s a pretty small operation, so. We have ample parking by the garage. In front of the building for clients and then by the garage for staff. Pickell Thank you. Mundy Any other questions? Do we have any people who would like to speak for or against the project – either here tonight or online? No one online? No one here to remonstrate? Very well. Discussion among the Board? Hearing none, is there a motion? Page 6 of 14 Zionsville Board of Zoning Appeals September 7, 2022 Lake I move that Docket Number 2022-46-UV, Use Variance supporting the use of veterinary clinic/hospital at 11818 Sycamore Street in the Urban Neighborhood Business Zoning District (B-1) and within the Michigan, Urban Michigan Road Overlay (MRO) be approved as presented and described based on the Findings in the staff report and staff recommendations, submitted Finding of Fact and substantial compliance with the submitted site plans. Postlethwait Second. Mundy Thank you Mr. Lake and Mrs. Postlethwait. All those in favor please say aye. All Aye. Mundy Opposed same sign. [No response] Petition is approved. Good luck with your project. The next item on the agenda is Petition 2022-47-DSV, J. Meyers, 6385 South 800 East in Zionsville. Petition for a Development Standard Variance to provide for an accessory structure which: 1) Exceeds the permitted accessory square footage; 2) Exceeds the allowable height for an accessory structure; 3) Memorializes the establishment of an existing 1.10-acre lot with the minimum lot size of 2 acres in the Rural Single-Family Residential Zoning District (R-1). Are the Meyers here or a representative? If you would come to the podium please. If you would state your name and address please for the record. Meyers Jill Meyers, 6379 South 800 East, Zionsville, Indiana. Mundy Thank you and would you describe your project? Meyers Yeah. We want to build a pole barn. His parents are going to move in to the house. It, it’s actually next door to our house and they, currently the property does not have a garage and they have cars and antique cars and antique tractors that they would like to be able to store as well as have a, a workshop for my father-in-law to be able to tinker and get away from my mother-in-law. Lake Now you know that’s on the record, right? Meyers He would tell her the same thing so. And then, obviously, we’d like to have the property state that we can have the septic system that’s always been there since the house was built in 1960 because I believe that the 2-acre requirement came about after the house was built. Mundy And I believe that the petition indicated you were currently in the process of expanding the existing home. Meyers We are. Mundy Okay. Page 7 of 14 Zionsville Board of Zoning Appeals September 7, 2022 Meyers We are but not, not very much. Not enough to cover the square footage of the pole barn. Mundy Okay. Any questions for the petitioner? Postlethwait I have a question – so did I understand that, that his parents will be living in the existing home – Meyers Yes. Postlethwait And then you are, you live in a neighboring home or somewhere – Meyers We do. Postlethwait Okay. Meyers We own both properties. Postlethwait Okay. I understand. And I’m all about tinkering. I, I get that. Mundy Any other questions? Thank you. Could we have the staff report please? Baker Yes, thank you. Like the petitioner had stated, they are planning to build a pole barn that will exceed the allowed accessory square footage over the primary as well it’ll be taller than the primary residence. They are asking also to memorialize the existing lot size which is under the 2-acre requirement. It’s an existing lot size. Talking about septic, it’s a 2-acre requirement, however, approval of this doesn’t take away from Health Department standards, that sort of thing. It’s a pretty common request that we’ve seen and I think – I’m trying to look through the documents – but I think the Health Department will have to sign off on the expansion of the residence for the pole barn anyhow, so I don’t think there should be any concern on that end. And with that said, staff is in favor of the request and happy to answer any other questions. Mundy Thank you. Any questions for staff? Does the petitioner, have you spoken with the Health Department? Do you know that status? Meyers Our contractor has [__________ 28:28 inaudible off microphone] Mundy Yeah, if you – Meyers Our contractor has spoken to the Health Department and he is online to answer any questions as well if necessary. And they were okay with everything that we’re doing so, at least that’s what I’ve heard. Mundy Okay. Jones So – Lake Is the addition – oh sorry. Page 8 of 14 Zionsville Board of Zoning Appeals September 7, 2022 Jones You’re probably going to ask the same question – Mundy We do have a Health Department member on the line? Rust Mike, Mike Shaw is the contractor. Mundy Oh, the contractor is on the line? Meyers Yeah. Mundy Okay, okay, all right. Lake What’s in the addition? Meyers We’re expanding 10 feet to add additional room to the master bedroom, a bathroom and a laundry room. Lake Okay. Meyers And a closet. Postlethwait And it looks – looking at the site plan here you’re also removing a garage, an existing garage? Meyers It’s already removed. Postlethwait And a shed? Meyers It’s already removed. Lake So you’re adding from a quantity standpoint, additional plumbing fixtures – Meyers Yes. Lake To the house? Meyers Yes. Lake Okay. Jones Well are you expanding the existing bathroom or adding a second bathroom? Meyers We’re adding a second bathroom. Jones Okay. Mundy And is Michael the, the contractor that we see this – Lake Yeah he – Page 9 of 14 Zionsville Board of Zoning Appeals September 7, 2022 Mundy Michael, are you there? If you are, you’re muted. We haven’t heard anything. Meyers He said his connection was kind of sketchy so I don’t know. Shaw Are you there? Meyers There he is. Lake Yes. Shaw Here I am. Mundy Okay, we can – yeah. We’ve been talking about the addition on the house and whether or not there’ll be approval from the Health Department since the property is on a septic system. Shaw Yes. I have spoken with the Boone County Health Department and him and I came out and looked at the system and they said everything’s fine for the addition that we’re adding, the one bathroom. The septic system will handle that additional load. Lake Great. Mundy Okay. So no addition to the septic system is needed then? Shaw No. Mundy All right. Thank you. And, again, no remonstrators online? We have no remonstrators? All right, thank you. Thank you again. Any further discussion among the Board? Hearing none, is there a motion? Jones Sure, I’ll make one. I move that Docket 2022-47-DSV, Development Standard Variance to provide for accessory square footage to exceed the primary up to 2,375 square feet at the property located at 6385 South 800 East, Zionsville in the Rural Single-Family Residential Zoning District (R-1) be approved as presented and described based on the Findings in the staff report and the staff recommendations, submitted Finding of Fact, substantial compliance with the submitted site plans. Postlethwait Second. Mundy Thank you Mr. Jones. Thank you Mrs. Postlethwait. All those in favor please say aye. All Aye. Mundy Opposed same sign. [No response] Thank you. Mr. Jones, would you like to tackle the second variance? Page 10 of 14 Zionsville Board of Zoning Appeals September 7, 2022 Jones Sure. See if I can wrestle this one to the ground. I move that Docket 2022-47- DSV, Development Standard Variance to provide for accessory structure to exceed the height of the primary at the property located at 6385 South 800 East, Zionsville Road in the Rural Single-Family Residential Zoning District (R-1) be approved as presented and described based on the Findings in the staff report and the staff recommendations, submitted Finding of Fact, substantial compliance with the submitted site plans. Mundy Thank you Mr. Jones. Is there a second? Lake Second. Mundy Thank you Mr. Lake. All in favor please say aye. All Aye. Mundy Opposed same sign. [No response] Jones All right and I’ll keep going. I move that Docket Number 2022-47-DSV, Development Standard Variance to provide for the establishment to memorialize a 1.1-acre lot which results in a deviation from the required minimum 2-acre lot size at the property located at 6385 South 800 East, Zionsville in the Rural Single-Family Zoning District (R-1) be approved as presented and described based on the Findings in the staff report and staff recommendations, submitted Finding of Fact. Postlethwait Second. Jones I’m sorry – and substantial compliance with the submitted site plans. Mundy Thank you Mr. Jones. Jones Sorry. Mundy Will you still second that Mrs. Postlethwait? Postlethwait Second. Yes. Mundy Thank you. All in favor please say aye. All Aye. Mundy Opposed same sign. [No response] The petition is approved. Good luck with your project. That brings us to the end of our agenda. You also received in your packet a listing of the dates for 2023 meeting dates. It’s not something we need to approve Page 11 of 14 Zionsville Board of Zoning Appeals September 7, 2022 but it makes you aware of. If there’s anything in there that is glaringly wrong, we’ll expect that someone would say so. Lake Not wrong but I would suggest that we not have a BZA meeting the week of Zionsville’s spring break because not only did we have an issue getting attendance last year but we continued most of the items on that agenda either because we couldn’t come to consensus or because petitioners weren’t present or petitioners, people wanting to remonstrate weren’t present and so they requested continuances and it backed us up for three months in a row. So if there’s any way to move that meeting one week I think it is, it would behoove us. Otherwise, it’s just a wrinkle that, at least last year, just kept kicking stuff out. Mundy Is that the April 5th? Lake That’s April 5th. Yeah, I will, I likely won’t be there, be here. Pickell I, I won’t be there. Postlethwait Suzanne, I only have the digital and I don’t think that was included in the digital packet. Stevanovic If I may, Mr. Chairman, I think we need to consider also the BZA’s scheduling affects the Plan Commission so it’s not just moving a date here – it’s seeing what we can do at the Plan Commission. So I understand your point. It’s an excellent point. I understand spring break in Zionsville but we also need to take a look at that Plan Commission schedule and see if we can maybe finagle something there as well. Lake That’s fine. I mean it ultimately has more of an effect on Plan Commission if we try and hold the meeting anyway because those items that we would’ve maybe been able to vote on then get continued which means they missed their Plan Commission altogether and then they’re already getting – it’s already screwing up Plan Commission. I mean because Plan Commission they felt the ripple effect of that last time as well because everybody started asking for continuances because they got continued at the BZA so. Stevanovic If I can suggest that we have time – Lake Yeah. Stevanovic Before that January date comes around. Let us take a look at that and – Lake Sure. Stevanovic And the staff will get back to you next month. Lake Yeah, that would be appreciated. Mundy I assume that the Plan Commission will also be getting their schedule of meeting dates for next year. Perhaps that would be a good time to bring this point up Page 12 of 14 Zionsville Board of Zoning Appeals September 7, 2022 about the meeting that we would have would be in the, during the period of spring break. Stevanovic Right. Let’s see what we can do – Lake Sure. Stevanovic And yeah, the Plan Commission is supposed to receive their schedule this next meeting as well. We’re not meeting in September so it’ll be October where we will be discussing – Lake We get a month off. Stevanovic This plan. But we’ll, we’ll see what we can do – Lake I’m excited. Stevanovic To accommodate and certainly understand the point of spring break. Mundy All right. Thank you. And Mrs. Postlethwait, you got a copy of this? Postlethwait Yes. Mundy Okay. Postlethwait I did. Mundy All right. Postlethwait Thank you. Mundy Everyone else has a copy? Lake Yeah. Mundy Thank you. All right. If there is no other business for the Board, is there a motion to adjourn? Lake So moved. Postlethwait Second. Mundy Thank you Mr. Lake. Thank you Mrs. Postlethwait. All in favor please say aye. All Aye. Mundy We are adjourned. Page 13 of 14 Zionsville Board of Zoning Appeals September 7, 2022 Page 14 of 14