Board of Zoning Appeals - Special Meeting

Got spaghetti on the stove. Okay. All right. Well, I got another meeting to get to soon. So, all right. We got this special meeting past 5:00. Before I open up the meeting, want to remind everyone here, it's not a lot of people here, but if you wish to speak, make sure your name's on the petition and just keep all comments respectful. So, we will go ahead and call this special meeting for November 20th to order. May I have roll call, please? Mike Nichols here. Sam Payne, Scott Highlander, Isaac Chavez, present. Charles Bates, present.

Okay, then taking a look at the minutes from August 20th. Repeat those names. I think everybody was here that Yeah, we can. Yeah, we can move forward with those minutes. So if we could get I'll make a motion we approve the August 20 minutes. I have a first first and a second. Roll call, please. Mike Nichols. Hi. Is Chavez. Hi. Charles Bates. Hi.

All right. Moving forward before we take a look at this business. Just checking to see we have no conflict of interest with the persons and for petitions being heard tonight. Hearing none. Moving forward, we'll take a look at new business public hearing docket 2025-013. The petitioner is Maria Zamora requesting a special exception to allow a duplex on a B residential district. Mr. Dontock, can we please have the staff report?

Thank you, Mr. president, members of the board, and um Charles, thanks for your hustle down here, brother. I'm thinking think we weren't going to have enough for I was coming making I appreciate you. I really appreciate you. The applicant um is Maria Zamora Escobar. Address is at 460 West Palmer Street in Frankfurt, Indiana. The request is located at lot number 14 in the Hoover MASH edition to the city of Frankfurt as the same is recorded in plot record 2, old page 14 and is commonly known as 460 West Palmer Street here in Frankfurt. The petitioners is requesting a special exception for approval of a duplex and a B residential district. The unified development ordinance references article 11 definitions. Dwelling two family duplex is a building located on a single lot containing two dwelling units arranged one above the other or side by side and occupied by not more than two families. The land use table and appendix A2.02 dwelling single family attached for sale or rent special exception in a B residential. The zoning of this property is B residential on 302.03 um in the unified development ordinance medium density residential. This district includes areas of primary single family dwellings in Frankfurt which have historically developed at a higher density. Density should not exceed six family dwelling units per acre. on the zoning map. Medium density residential areas include most of the former B- residential areas and former C residential areas. The request analysis is that on 203.11 from the unified development or a special exception from cases arising within their territorial jurisdiction, the board of zoning appeals shall approve or deny all special exceptions from the term of the

zoning ordinance, but only in the classes or of cases or in the particular situation specified in the zoning ordinance. The board may may impose reasonable conditions and or comments pursuant to uh IC code 36741015. A special exception shall be approved under this section if after a public clearing the board makes findings of facts in writing that one. The proposed use conforms to the district's provision in which it will be located and all general regulations of this ordinance. The total lot size will be approximately 40x 159 6,360 ft with a 40 foot of frontage. Our unified development ordinance requires a minimum of 7,200 ft and 600 ft of front or 60 ft of frontage. Um, it does not have enough impervious It does have enough impervious surface to allow four all street parking spaces. It will meet all general regulations of this ordinance, including the impervious surface ratio. In the unified development order under section 30501, lots of records or lots sold by verifiable land contract before the date of this ordinance adoption may be smaller in area than the figure prescribed, provided all other regulations of the district can be met and they have not come into common ownership with adjacent lots at the same time. Section 50 or 30501 gives the rights for the lots to be undersized. On 30203 medium density residential. This district includes uh areas of primary single family dwellings in

Frankfurt which have historically developed a higher density. Density should not exceed six family units per acre on the zoning map. Medium density residential areas included most of the former B- residential and former C residential areas. In your packets, I have given you two examples of the number of dwelling units in an acre. One has six unit counting the duplex. The second gives seven counting the duplex. The proposed use conforms to the district uses. You know, I know Charles, we we get into that that conversation. And it's a great conversation to get into. And so I tried to divide that up into two different acreage area-wise. And we miss it by one on the bottom section of it. But we make the the number in the top section. So I I put all that in place just for our records to say in case we get into a discussion going, I don't know if it meets that that requirement or not. So that's why all that is in there. Two, the proposed use shall not involve any element or cause any conditions that may be dangerous, injurious, or noxious to any other property or persons and shall comply with the performance standards herein. The proposed duplex will not involve any element or cause any conditions that may be dangerous, injurious, or noxious to any other property or person. And it shall comply with the performance standards herein. This home has been remodeled and has passed all building inspections. Three, the proposed use shall be cited, oriented, and landscaped so that the relationship of its buildings and grounds to adjacent buildings and properties does not impair health, safety, general welfare, or comfort, and does not adversely affect the values of adjacent properties. In 30612 of the unified development

ordinance, in addition to regular setback requirements for structures, a buffer yard shall be provided and maintained by the owner or lease of the of a property in accordance with this section. Buffer yards are required between most land uses on adjacent properties to reduce the impact of one use to another. Generally, more intensive uses require greater amounts of buffering than less intensive uses. This section applies only to changes of use, the construction of a principal structure on a lot, or the expansion of any existing principal structure by 50% or more. The making of this attached garage into a living facility was not 50% more in the structure. So, a buffer yard is not needed. Four, the proposed use shall produce a total environmental effect that is consistent with and not harmful to the environment of the neighborhood and will not impede the normal and orderly development and improvement of the surrounding properties for the use already legally permitted in the district. The surrounding this lot are single family homes, the only rental properties located on West Kiger Street. This home needed remodeled and is now an improvement to the neighborhood. Five, the proposed use shall organize vehicular access and parking to minimize conflicting traffic movements on adjacent streets. This property does not offer off streetet parking and a condition of this special exception I recommend if passed should be to place a parking lot for four cars. Um, I can then enforce landscaping around the parking spaces. Six, the proposed use has taken or will take adequate measures to provide

utilities, access roads, drainage, and other necessity necessary facilities. A home already existed on this lot. Utilities, drainage, and other necessary facilities are already in place. Seven, the proposed use shall permit the objectives of this ordinance and shall be consistent with the city comprehensive plan. The unified development ordinance requires that duplexes be placed in B residential districts by special exception. The city of Frankfurt had a housing study that was created in 2024.

In that study, a framework for planning was created. The city of Frankfurt and its stakeholders recognize the necessity to ensure a full continuum of quality housing alternatives to meet the needs of a diverse base of today and tomorrow constituents and ensure that Frankfurt remains positioned to attract and retain future workforce generations by enhancing quality of life components and Main Street investments. I will uh uh I support of local ma main street investments. I support of local businesses the arts, dining and civic amenities which are all within a reasonable district of one's home. The most importantly civic partners recognize the necessity for implementation of infrastructure improvements and the establishment of other incentives as necessary to ensure continued economic expansion. as well as a full continuum of new quality rental and ownership housing alternatives. A synthesis of regional home values, household composition and incomes. A thorough analysis of various lifestyle factors revealed that there is a sustained demand for a variety of rental housing options as well as ownership form directed to both family segments as well as younger cohorts now entering the workforce and professional singles and childless couples and more mature constituents tied to a lifestyle setting. Um that quote is from the um the the housing study. My recommendation from the special exception that should be passed subject to the final of facts in the staff report and uh the owners

are here um in case you have any questions. Do they want to talk before we ask questions? Are they got to speak before we ask questions or anything? I don't think so. Okay. Um, so I had a couple things with this. Okay. Currently, the house is oriented towards Palmer Street. Correct. Yes. What's the planned orientation of the second second residence? I'm assuming. So, it would if you're talking about addressing it, it would it

not not not specifically address. Are they planning on having one entrance to the duplex on Palmer and then the second on that ancillary wraparound road that's not paved that's not really a road? Yes, I would say that normally 50% of the property which it does the face of it um constitutes being attached to the to the street. Um, but yeah, the the back section of it, I think if you had pictures from the property shows that the the back uh garage faces the uh what would constitute an alley or the extension of Palmer Street, I don't know which way you want to call it.

Yeah, I believe it's there's there's a lot of streets in there. There's a lot of streets that are that are in that shape that are constitute a street. That specific street isn't though. That's an alley. Um I mean I had issues with that.

Yeah. I mean I I can take you to u a street off of Fifth Street, I think, or Sixth Street. I can't think of what the name of it is. It has one house. It looks more like an alley. It's not even maybe 12 foot wide. Yeah. Tommy Click owns the property and uh we kicked around that. But there's actually a street name on that what looks like an alleyway. So, um I think it's ninth.

I I can't I I don't know. It ties into I think 8th Street somewhere down the line. So, um so to me I have a difficult time with unless it's a strict definite alley where it's running behind a house. I I mean I think because it's not a named street, it's by definition an alley and I have an issue with putting a a the front of a residence on an island. The the address of that would not be probably that alley. It would be a 52 Palmer or whatever.

It would Well, it would be you'd have apartment A, apartment B. Yeah, but I I think that doesn't I'm was trying to look up where it says that residences must be oriented towards the street and I I think that doesn't I don't think that conforms. Um and then the fact that it would be on what would be an unimproved road or an alley at that point. I kind of has have issues with ambulance access and police access and that is I mean and I think that's the reason why we orient the house towards the street and it's

right so I I had issues with that the aerial kind of picture those cars that are in front that is not what would be the parking correct it'd be that gravel area you're talking about toward the alley correct about parking I don't parking would come off of the back of the property because there's enough room to be able to put a four car parking spot back there. It needs to be gravel this area. And then there the front door there just

So you're saying Don that the entryway for both properties would both apartments or whatever you refer to as uh would come off of Palmer there. The entry off of the back does not come off of Palmer. Uh the entry off the back faces what would be the railroad to the west, but it would be the address of the property would be a Palmer Street address. It would be So be one entrance on one side and one entrance on the other side. Yeah. Yeah. You'd have the the front entrance faces Palmer Street, 460 West Palmer. Okay. The back faces the railroad faces west.

Okay. And you say there's enough you think there's enough for the um four car parking to the immediately to the north on the north side north side allow we always figure impervious surface to make sure and that would that would be okay. Yep. It'll fit. And I'm assuming you did the calculations. Yeah. You guys should have first paragraph. You guys should have a sheet on your packets. Uh on number one, we actually went out and measured the house to because we

Well, the my the reason why I asked is this because on the lot lines on Beacon that alley roadway cuts across a huge swath of that back corner. So I'm The question was when you measure did you measure lot line? Yes, we go we do we measure the lot line the lot itself or we we use uh beacons um estimates of of of value there. So when you measure the impervious service you included that 9 foot wide swap.

That's right. That's right. We we go from the blue line on on on aqua line on that's that's the radius. And then we actually went out and measured the house because of all the trees. We couldn't get a good good grip on it. So, we measured the the whole house and all the concrete steps and things that go to it. I think that you you couldn't make if you if they were to fence their property line. I don't think anybody can make that turn.

You could be you be you're talking about on the back side on that. You you could you could potentially be right. I mean I that's how I mean I drove it to I parked in there and drove out the back and I mean I've driven it hundreds of times. I'm sure you have because it's such an odd alley like I specifically know that in like it's it's a rough spot. Yeah.

Especially if you start to put parking there. But it'll be off I mean it'll be off far enough to that I mean I we went out and measured what we think would the appropriate would distance to put four cars. We do um we do 9 ft 9 ft wide per car and then it's 16 ft in depth. So it only has to be 16 ft in depth and then the the distance for for every parking spot. So, where's the green space? Is there any yard?

Well, I think what you what what we do is in in this case or in most cases, if they use a non-compacting Yeah. then it doesn't count. Then it doesn't count. So, if they use a like a number nine gravel, um water will go through that. That's so that's why that's why it fits. If it wouldn't be for that, then the answer would be no. It it wouldn't meet it. and we probably wouldn't be here today.

Yeah. I um I do I do want to say that there's only three of you here. So for this to pass, all three of you have to vote for it. If there's an abstension, then it will not pass because it's the number not just the number here, but the total number of the board. So three has to make a make a pass. I should have said that at the beginning. I I think that the purpose of special exceptions are to catch and keep things like this specific one from happening.

It well it gives the neighbors the right to come in and there are none that say we know we really don't care for that but there isn't nobody here for that. Everybody within 100 ft received the letter. So I think that the church parking lot in the railroad parking I just present the findings of facts brother

and and try to talk you into it and not talk you into it but give you what I think are the facts and then you're going to you guys are going to make the decision on where this goes. If this was a street and it was a full-size street and we didn't have issues with that alley and we wanted to change the frontage and make it like the duplex on what's it um third where you know where the duplex turned on the property and now it's the red one they built like three or four years ago you know second street third street somewhere yeah third street maybe yeah like if that's what we were talking about and we were going to face it to that street and that's a like fully developed street I see what you're saying we would having a different conversation. Yeah.

But specifically, this is an undeveloped road. I don't think it would meet any of the requirements to turn it into a road. And I think that that's the problem

with putting a the front of a resident on it because you're every service is going to be impacted by it. So I I would say that it does not conform to the provisions of the ordinance and that it specifically on the third one under the 302 building um it's not oriented in relationship to the other buildings. Do we have any other questions for Dawn?

Hearing none. Thank you for the staff report, Don. At this time, we'll call on the petitioner for any additional comments. Okay. At this time, open discussion to the public. Hearing none, we'll close uh public discussion. At this time, we'll have further discussion from the board. or they

I think we should approve it. So with the with the uh stipulation of the uh of the parking off streetet parking with the u done with gravel so it doesn't affect the uh the surface. What's the right word? Done. You know what I mean? It's got to be a gravel parking. But I think the uh uh I think you got an excellent point about the the um uh uh Charles about the uh the door being on the one side of the building as opposed being on an alley so to speak, but uh I don't think that's a big enough thing to uh to worry about personally.

Can I ask a question first? Let's go back to you, the the contractor. So, um, is is there any way that the house inside could be changed where everybody comes through the front door and makes it to the back? In other words, an extended um, I guess you could say, uh,

you're going to start getting into issues with fire grips. Well, not not if not if you not if you still have the back back door. If the entry would come off of 460 and he builds a long hallway, um he would he would still have the ability to get out out the back. Now, you know, um as I say that, more than likely they're not going to use the extended hallway. They're going to use the doorway coming out the back. So, um I was just trying to come up with a way to have the entry coming off of off of uh 460.

The face of the residence is what I think the way I was trying to pull up from the UDO, but I didn't think that the only other way that would work is I don't know what the upstairs is like. If the upstairs the second story um is capable of being an apartment and you make the first floor all one, you'd need I'm going have to make sure the square footage worked upstairs.

Yeah. Well, I'm not going to ask the question. Any other questions or discussion? I know I I make I made a motion. I considered it a motion. Anyway, maybe I didn't say it right. I like make the motion that we recommend it with the special exception with the uh um whatever you call it recommendation. Recommendation. Thank you, Don. of the uh four off streetet parkings and uh made out of the appropriate material for so that it drains.

I will second motion first and a second. We get roll call, please. Mike Nicholls. Hi. Isaac Chavez. Hi. Charles Bates B.

Moving forward, do we have any other old business? Um, I do not other than the fact that we're working. Grace, did we get a call today on whether or not we have a a a BCA meeting in December for some uh variances on the property out on 28th?

Yep. It'll be December 11th, which is a Thursday. Um, I know we normally meet on Wednesday, but we have some challenges going on on that day. So, we moved it to Thursday, the 11th of December for our next meeting, and there'll be some variances for a uh a development uh out on 28 East. Um, the building is the building that now houses the BZ, the BMV. Um they have a section of it that they're looking to to rent out uh and they want to put a parking lot in the backside and there's some variances that that you'll have to have a discussion on to uh see whether or not you're okay with it. So

what time is the meeting? The meeting will be at 5 30 30. You say that behind the BMV?

Yeah. So there's there's a they have a room to put this parking lot. The parking lot will be for employees only, but they still there's still some overlays and and uh some a little I think there's there used to be three challenges. We actually fixed one of the three variances today that you don't have to come before. Um so there's two variances that have to come before you. Um just to kind of give you a heads up. and that is um they're making the parking lot gravel and uh in the overlay district they're required to be a hard surface. So, they're going to come and and have a dis we're going to have a discussion where we're going to talk about the fact that um they want a three-year kind of wait before the hard before the hard service to make sure that whoever's renting it will stay there. I told them I didn't think the BCA would accept that. that would probably more be of a one or one year acceptance to keep it gravel and then and then pave it. Um so that that'll be one variance that it not be paved. Um and um I can't think of what the second the second one is. Um hard not hard surface.

Who do you think they're going to rent it to? Um I they think they have it to a a medical facility. So, um, that'll be coming for you in December and we'll get all that information out to you. I got I'll have work to do before Thanksgiving to get you my findings put together. Any other business board? Hearing none. A motion to adjurnn. Make a motion we adjourn. Second. First and second. All in favor say I. I.

We're out. We have to race. There's nothing for us to sign. Is it? Yes. Oh, there is something for us. Pardon me.