Board of Zoning Appeals - Regular Meeting

Pledge of Allegiance to the flag of the United States of America to the indivisible with liberty and justice for all. Um, roll call and Mr. Poland wanted to introduce somebody first. Uh, you can actually do the roll call first, but um, all right. Do we have a roll call, please? Roger B here. Thomas Casmir here. Cynthia Hasso here. Dan Faulner here. Kathleen Hill

here. Five present. We have a forum. Yeah. Um, I would just ask the board members uh to welcome our new board of member. Uh he is uh the appointee coming from the plan commission to the border zoning appeals, Mr. Tom Casmerac. Welcome. Have fun. Um and we will get a new list of board members. Okay. Thank you. All right. Mr. Coen, would you like to deal with number three, the election of officers for 2026?

Um, yes. Uh, the officers for 2026, we have chairperson and vice chairperson. Um, the nominations are open for chairperson. Are there any nominations? I'll make nomination for Kathleen Hill for dear person. I second. Okay. Are there any other nominations? Any other nominations? Any other nominations? Miss Hill, do you uh accept the nomination? I would be more than glad to accept the nomination. Okay. So, I would ask for a roll call vote for um appointing uh Kathleen Hill as the chairperson for 2026. Roger.

Yes. Thomas Casmir, yes. Cynthia Hassel, yes. Dan Faulner, yes. Kathleen Hill, yes. Five eyes, zero nays. Motion pass. Okay. The uh the next officer is vice chairperson. Opening the floor for nominations to the vice chairperson. I second. I accept. Um I know I don't I'm sorry, Miss Hil. You can't second. Oh, I cannot.

I'll second that. Okay. All right. We have um a nomination and a second for appointing Roger Brock um as the vice chairperson and he's already said that he's agreed to it. So therefore um a roll call vote for uh the Roger Brock as vice chairperson. Roger. Yes. Thomas Casmier. Yes. Cynthia Hassel. Yes. Dan Faulner. Yes. Kathleen Hill. Yes. Five eyes. Zero nays. Motion pass. Okay. Uh with that, I turn the uh meeting back over to the chairperson. Okay.

Next item, our approval of minutes for October 28th. And is it all right if we take the minutes for December 2nd at the same time. We have a request from the staff to have this table for our next meeting. I make a motion to table the minutes of October 28th and December second. 2025 until February 24th. We have a second. I'll second that motion. Have a motion. A second. Roll call vote. Roger. Yes. Thomas Casmir. Yes. Cynthia Hassel. Yes. Dan Faulner. Yes. Kathleen Hill. Yes. Five eyes. Zero naysay. Motion pass.

Okay. And I do not see any old business on our agenda. So we move into new business. Z-26-01 petition of first metropolitan builders of America Inc. for a developmental variant regarding title section 3.31 paren C and title section 18 60 A for a developmental variance oh I read that part for from zoning ordinance to allow a rear yard setback of less than 20 ft to construct two residential structures with an attached accessory garage and AR are one Urban Single Family Residential District located at 5517 Soul Avenue and 5521 Stole Avenue within the city of Hammond Lake County, Indiana. Have all the notification requirements been met?

Yes, they have. Okay, Madam Chairperson. Yes. Um, I just want to uh uh state for the record that this petition is written a little bit differently than we normally do. Um, this is a the same variance for two adjacent lots as opposed to two separate cases. One case to cover two properties asking for the same thing.

All right. Do we have anybody for the Would you please come forward? If you're both going to speak, will you be please please both sign in and state your name and address? And then you can tell us who you are.

Jay Lisa with First Metropolitan Builders. Legal name is Jack probably on the forms there. Justin Keith working in conjunction with Jay for First Metropolitan. Right. We'll let you tell us what you would like to do.

Basically, um, the size of the lot that we're working on, it's only 44 ft wide and 110 ft deep. Um, kind of restricts the size of the home. Don't want to build a home that doesn't give modern amenities. Um, so we just need a little more space to fit an attached garage and make the house desirable for New Hammond residents. Okay. So, just looking to reduce the size of the setback in the back from 20 ft to 11 ft and the front is everything's fine. Yeah. 15t.

That's typical to the subdivision there. most of the homes neighboring it. And just for the record, uh both houses are of the same design, same footprint. Um were they what? Mirror images. They're mirror images. Correct. Right. And that uh we talked about a front yard set back of 15 ft and the sideyards um meet the R1U zoning requirements. The only question is the rear yard because of the attached garage. Correct. And it seems like you have no difficulty with the attached garage and being able to back out and enough room in the alleyway.

Correct. We tried to design it with the uh garage being detached. It didn't leave enough um space in between the residence and the garage for code issues. Also, the size of the alleyway in the back would make it very restrictive for cars getting in and out of the garage. And we feel the design with an attached garage is more beneficial to the homeowner too. Okay. And the um distance from the alley rear property line to the garage I think was 11 ft. 11 ft. Right. That's the variance. Correct. Instead of 20 ft, we want 11 ft.

Which but that would be a quote unquote driveway parking concrete. Correct. Yes. Apron there. Yeah. Apron. a big apron. Okay, that works. And between the two homes, there seem to be enough space. 10 feet I think is five feet each home. Yeah. Yes. Anybody have any other questions? Fine. I don't uh the garage where it's sitted. Um is it a one or two car garage? Two two car 16 foot overhead door 7 foot tall. There's ample room for for them to come in and out and everything, right?

With the 11 ft and the the alleyway in the back, there should be plenty of space for them to execute turning in and out. And yeah, that's standard size shelves on both sides. It's a three foot outside to outside, so you easily get two foot of shelving from back to front on the side for storage.

Thank you. Any other questions? All right, we will staff members have any other comments they would like to make at this time? We will move into a period of public hearing. Anybody would like to speak for again or make any comments? Thank you.

Anybody have any comments? Any questions? Oh, I forgot to look. Do we have anybody online? Mr. Novak, anybody express anything online that they wanted to say? Yeah, just Carlos Flores online. Just, you know, if you're here for this case, remember you have to unmute to speak. So, find the little mic icon and click that and unmute if you want to speak.

We'll call one more time for public comments. We will close this period of public expression. All right. So, this is officially closed.

Board members have any other questions at this time? I don't. All right. Then we will move into the staff report.

Okay. Thank you. Um, in the matter of Z-26-01, a developmental variance case regarding uh the adjacent properties, staff has reviewed the petitioner's request and recommends the BCA grant the developmental variances to both of the properties at 5517 Soul Avenue and at 5521 Soul Avenue. Should the board feel petitioner has met the standards, um, this is followed by a two-page finding of facts as proposed. I'm sorry I was flipping pages. Did you recommend any of your recommendations to stay?

Oh, there there were no uh recommendations on this case or no conditions, but I did read the recommendation. Okay. All right. We also have as far as proposed findings of fact any comments from board members, any additions, anything that they'd like to remove at this time. I don't.

All right. We have a motion to adopt the staff report and the proposed findings of fact is presented and as official find findings of fact into the record. I'll make the motion to approve. Do we have a second? A second. Have a motion and a second. We have roll call vote, please. Cynthia Hasso. Yes, yes, yes. William, yes. Kathleen Hill, yes.

Five eyes, zero nay, zero abstensions. Motion pass. Okay. Do we have a motion in regard to the developmental variance for Z-2601? I'll make a motion to approve developmental variant Z2601. I'll second. We have a motion and a second. Do we have a roll call vote? Cynthia Hassel, yes. Dan Faulner, yes. Roger, yes. Thomas Casmir, yes. Kathleen Hill, yes. Five eyes, zero nays, zero extensions. Motion pass. Have fun. Good luck.

Thank you. The next item on the agenda is Z-26-02 petition of Brian Gallas I believe. I hope I did not mispronounce it for developmental variance regarding title section 2.30 30 paren A from zoning ordinance to allow a reduction in the 60 foot minimum lot width in R1 single family residential district located at 7372 Nebraska Court within the city of Hammond Indiana. Have all notification requirements been met?

Yes, they have.

All right. Do we have anybody for Z-2602? And you need to sign in and write your address and then please introduce yourself. State your name and address for the record, please.

Brian Gallis, 2007 Austin Avenue, Cherville, Indiana. Right. You like to tell us about your project? I'm sorry. Would you like to speak and tell us what you like to do? Yeah, I uh there's a vacant lot on that address and um it used to have a house on it and the I can read you exactly what I want to say. Um

we have a picture of the lot. Could you tell us what number yours is? 19. Number 19. Yes. In the uh Grand Hesville Heights estate edition. Mhm.

Basically just want to build a similar house that was there uh just two years ago. They tore it down and the lot came up for sale. And uh I'd like to put a 1,200 square foot house basically just like all the rest of the houses that are in that neighborhood. And the neighbors houses are all also on 50 foot wide lots. Uh so it's not any different than any of the other, you know, houses in the neighborhood. Okay. Um so Mr. Gallas, you are a contingent purchaser of the property. I am.

Okay. And um I'm assuming um we have your the agreements with your with the seller of the property um on file. Is that correct, Mr. Novak. Yes, we do. We do. And then um in your the materials that you provided for us um are you um are you're going to take your elevation and your your site plan and your it to a a better level? Yeah, I just thought, you know, since I didn't really own it yet, I didn't want to spend a bunch of money getting all the plans, but I'll have an actual set of plans and when I go for the permit application and

so that's one of the things that that uh what we're showing here on that the house um according to the scale, Tom, you measured it as 37 and 1/2 ft from the main wall of the building. setback. Is that correct? Yep. Okay. And is that comparable to what's in the adjacent houses? They're all within that, you know, general variance, right? Because it's I know it's on that site curve, so it that's a little hard to tell sometimes, right? I I didn't actually go in their yards and measure it, but it it appears to be at the same setback as what all the rest of the houses.

Yeah. And then, you know, that can be um measured off the GIS to help give us a little bit better accuracy. But I can put it to wherever you know the to all the setbacks and and easements that are required. Right. Okay. And then Tom, does the subdivision plant have a um platted building line?

Yes. So, you know, I looked into it with the Lake County auditor and recorder and got a uh the actual 1956 plat of the subdivision. And there is a building line called for of at le utility easement in the rear. There's a sanitary sewer back there. Obviously, your NIPCO utilities. So, um you know, it doesn't necessarily say it has to be at the 30t, but it has to be at least 30 feet. Um you know, maybe when you get that plat survey, hopefully they'll show neighboring homes maybe, too. You're right. And I can put it up to wherever the rest of the homes are at.

Yeah. And that's what I was kind of because when I tried to estimate myself, it fell somewhere. A lot of them fell between 30 to 35ish, 36. it. I understand that it may not be exactly 30, but we'll make sure that make sure that that is matched as best as possible. Yeah, that I have not I have no problems with that at all.

Okay. For for the board members to understand, the fine point of this is that R1U zoning allows for a 15oot setback in the front yard. However, when you have a platted building line, that supersedes zoning. So um we it's common for us to always want to have setbacks of corresponding to adjacent houses. It's for the streetscape is for the unifor relative uniformity of the neighborhood. Um subdivisions in this time period typically did that because that's what they wanted to achieve a commonality of where that front wall of that house is. So um that that is binding on the property that because it's recorded in that manner that's like I said that supersedes zoning. Um so that's why we're having this conversation about exactly where is it set back. Okay. So so you need to be as close to that 30foot line and not being closer than 30 feet.

Okay. Because that's what the plat is dictating to us. Okay. Okay. So it shouldn't be le more than 30 ft either. It' be close if possible. The typically when the plat is in that line, it is not a setback. It is a line. It's a build two line. Okay? So therefore they want that uniformity. So you know whether it's a foot or two off is you know a whole another matter because it's on a curve. It you can't really achieve exactly that 30 foot dimension because of you know curves and straight lines and things like that. But you want to um by by the plat rules and that that's why it dictates that's where that building wall should be.

And that's what I had intended in that drawing. I just didn't know exactly how far back they were. To me it looked in the 35 foot area. Yeah. And and it could be, you know, I mean that is something that um when you get to the point of having a plat survey done, you know, I think Tom referenced this is that have the surveyor pick up that dimension of the adjacent houses. Yes. The setback so we can confirm what's what what appears to be in the plat records. Mhm. The other thing is that you're showing a 14 foot setback on um well the left side. I mean what direction is that Tom? Is that west? I believe that would be east. The east side.

Um because you want to have a uh detached garage. And then Tom, if I remember correctly on the plat there was some kind of utility easement in the rear yard. Yeah. The the rear 14t is utility, right? So, so that's where um you know the building the garage can't be built within that 14t utility easement that is at the rear of the property. Yes. Yes.

So, he's placed it accordingly. So, it's just a matter of having this confirmed with on a plat survey so we know more accurate dimensions. So, we that will be required um a as this goes forward. um your elevations. Um we're going to need more information about uh the materials and your uh did we what Tom? Did you have a discussion about whether or not there was a crawl spaced or fun basement or whatever? It was going to be a slab home just like the the rest of the homes are. The other houses are slab homes. Yes. Yeah. There's no the other homes don't have a step up or anything. They are slab.

Okay. All right. So, as long as you're consistent with what's out there, that's really what we want to see. And that's kind of what I'm looking to do as well myself. I I don't want it to stick out. I want it to blend in, sorry, blend in with all the other homes in the neighborhood. Okay. All right. I just wanted to have that um in the record that's discussed. But again, we will need more um detailed elevations and exterior materials as well as your planner survey. Okay.

Anything else? I don't questions. Do you have anything else you'd like to add? No, I just would hope to that it passes so I can build a nice house on there for the community. Yeah. And just for the record, you know, so you do have your own general contractor firm. You've been licensed for over a decade here, right? I'm a subcontractor in the city, but I know general contractors, but I've been a a licensed contractor in the city for Yeah. probably 15 more or more years. Yeah. And so you are looking to be the general contractor on this project? Probably. Yes. And then you would um sell to sell to a homeowner is what I was planning. Okay. Yes. Yes. That's

all right. We'll open this period for public comments. Anybody in the public like to speak at this time? Anyone online? That one gentleman leave or what? Yes, sir. That person left. Yeah, he did leave. All right. All right. Anyone in the public? Anybody in the public? Anyone in the public? We will close the period of public comments. No additional comments from Sir, you can sit down.

You can sit down. Thank you. Good luck. All right. We hearing any you have no additional comments from board members? No, not from me. Then we will have the staff report.

Thank you all. Um in the matter of Z-26-02, the developmental variance concerning lot width in an R1 district um going from 60 ft to allowing 50 ft uh for single family home. Our staff recommendation reads, "As staff has reviewed the petitioner's request, we're 7352 Nebraska Drive and recommends that the BCA grant the developmental variance should the board feel the petitioner has met the standard subject to the following three conditions. One, technical review and final approval of all final building and site plans by city staff. Two, submit an up-to-date and professionally drawn plat of survey of property to city staff. and three, compliance with the Grand Hesville Heights additions platted 30-foot front yard setback and with the terms of the 14 foot wide easement for public utilities along rear of parcel which includes keeping those areas clear of any buildings. There's a then following a one-page proposed findings effect.

All right. Do we have a motion to accept the Well, first we better go through the our findings of facts that have been proposed to us. Any questions, comments, additions, deletions? No. No. All right. Do we have a motion to adopt the staff report with the conditions presented the three conditions and the proposed findings effect into the record? I'll make a motion to approve the staff report with its conditions and and standards as the findings effect. Do we have a second? We have a motion.

Second. Roll call vote, please. Cynthia. Yes. Dan Faulner, yes. Roger Brock, yes. Thomas Casmier, yes. Kathleen Hill, yes. Five eyes, zero nays, extensions. Motion pass. We have a motion in regard to Z-26-2. I will make a motion to approve developmental variance Z-26-2 subject to the standards and conditions set forth in the staff. We have a second. I'll second. Roll call. Vote, please. Cynthia Hassel, yes. And Faulner, yes. Croc, yes. Thomas Casmier, yes. Kathleen,

yes. Five eyes, zero nays, zero extensions. Motion pass. You can officially purchase the property. You're okay. You're okay. Go. I know. I was trying to be a little my best. Thank you. Okay. It's nice. It's nice to see new homes being built in Hammond. Good luck to you. I said it's nice to see new homes being built in Hammond. Thank you. Thank you. You too.

Okay. Next item on the agenda is Z-26-03 for developmental variance and lot area and have all the requirements been met? No, they have not. Oh, okay. Um, so we cannot hear this one at this time. Yes, the notification for and this is Z2603 2461 New York Avenue for the record that um again the notifications were not met and that you're unable to hear the case and we've already had conversations with the petitioner about preparing their documents for the February meeting. Okay.

All right. And then we will move to Z-2604 for developmental variance for 2633 164th place. Have all the notification requirements been met? No, they have not. This is a similar situation with the same uh petitioner. They um you know did not do their notifications properly and they have already worked with us on trying to get this ready for the February meeting. Would you suggest that we keep this information for our next meeting? You should keep this information for your next meeting for both of these cases. Okay. Thank you.

All right. I guess we move to the next thing on our agenda. Any comments from the commission? No. We don't need to do a formal motion to table it or anything. Uh Dave Wesland, do we need a formal motion to table or just is it automatic? It's automatic because the notification requirements were not met. Thank you. Okay. Thank you. Okay. Commissioner comments. Not for me. Staff comments.

Um yeah, staff comments. Obviously, again, welcome to Mr. Kasmmer for uh uh stepping up on the or being appointed by the plan commission to the board of zoning appeals. He it was um an exciting uh contest that no one else wanted it but him and that happened and uh so so we appreciate that. Um so did m did Mr. Hutton also leave the planning commission. Mr. Hutton was a plan commission appointment. Correct. And by the mayor a mayoral appointment by to the planning commission. He was a plan commission appointment to the BCA.

Correct. So he he was not his term was up and he was not re renewed on the plank commission. So that automatically took him off the BC. I just did not know if he stayed on or not. No, I mean he he can't I mean and the Well, if he wasn't renewed No, no, he can't. Right. And and the difference is it's important to understand the difference. Roger is a BZA appointee who's also on the plan commission. So it's it's it's the the two commonalities. Each body is sending someone to the other body. Okay. So

yeah, we'll we'll disbate whether it was an even exchange or not. Right. Yeah. Go with that. Yeah. Go with that. Okay. Strike that from the record. The other thing I have under staff comments is that um and I said this at the plan commission, so I'm going to say it to the BCA members too. Um the city engineer and I have been working with the consultant on a uh a plan amendment, a plan for um the area around the Southshore uh 173rd Street station. 173rd the 173rd station.

173rd Street station. Yes. And um the uh the general boundaries of this uh area is 165th Street on the north, Calmed Avenue on the east, and of course state line and the river are the other two. Um the the boundaries are are a little bit smaller than our South Hammond planning district based on what in the comprehensive plan. So it is technically we're talking about calling it a sub area of the um South Hammond Planning District sub area. So it's going to get real tricky but um primarily this was um started because of any concerns that we have with the traffic generation and the impact of this the train station in the neighborhood. We um expanded it to include land use discussions um in that boundary area that I described and this is um intended consciously intended to become an amendment to our comprehensive plan. Um at some point it would come to the plan commission to review, make a recommendation, send it to the city council. The city council has final approval. At this stage, um why I'm letting you know this is that um I've we've in generally have invited the plan commission members to start attending the public meetings that are being held um for this project. The invitation is that the BCA members who are not the common members, the other three, if you want to also um attend these meetings, um you're more than welcome to just so you are are aware of what's happening. And I know two at least two of you live in well I don't know one of you lives in the neighborhood. You you still do. Okay. Um and that um I lost my train of

thought. Oh yeah. At this point um the there there's only been one public meeting um and they're still the consultants are still trying to schedule the second public meeting. We have not got a firm date on that but we will once that is confirmed we will um get that to you to um so that you are well aware of that meeting. Will we be notified? That's what I just said. Okay. We would be notified of the meeting though. Okay.

Can I ask you a question about it right now? is the porta potty that's sitting there the replacement of the bathroom they're not building there's been a porta party sitting I don't know if you know this if you live in the area porta party sitting at at that station oh I have no idea I haven't paid close enough you what I I haven't paid close enough attention to well I've noticed that for quite a few months as replacement of the bathroom they decided not to build it well I I we we'll set aside the the the the the the uh conjecture that you made there, the jo the joulcular conjecture that you were making in that comment just looked very out of place.

Um the I am sure that the once because the Southshore is still not under revenue service and so once they get under revenue service, I'm sure that they will have the contractors remove all the appropriate um or the things that they use during the course of the construction of the project. Well, hopefully it gets the construction.

What? I live in the area. I know you do. Yeah. Like a property kind of and you know might not want to get on that train there. Okay. So again, just as Hey, you're done with your sandwich? That was my public comment. Okay. Um, Shannon, just again remind me what is the date of the February meeting? February 24th. February 24th. So, be aware of that date. And then Yes. Now I'm done. Is there time and location yet for that? I didn't care. There was Oh, the February 24th is the next BCA meeting. The Oh, okay.

The date for the other meeting has we hasn't been determined yet. But will they move? Mhm. I'll ask a question. All right. Staff comments. We did public comment and I automatically adjourn the meeting. We need a motion. I make a motion to end the meeting. Second. Motion and a second. Roll call vote. All in favor say I. I. I. Don't forget to put your two things away for the