Board of Zoning Appeals - Regular Meeting

[Music] I'll call this September 9th board of zone appeals meeting to order. Um, item number two is pledge of allegiance. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

Roll call. David, if you if you would. Pete Saunders, Vicky Gushowski, present. Mark Danielson, Brian Cer, present. Nate LS present. Three present. Uh approval of minutes. Motion to approve. I'll second. Motion a second. All in favor? I I. Motion passes.

Uh item number five is use variance 252 petition. If petitioner step forward. Thank you. Can you state your name and address for the record? Uh, good evening. My name is James Sus. I'm with DVG Team. Um, my business address is 1155 Troutwine Road um in Crown Point, Indiana. I am speaking here tonight on behalf of the Leaport uh Community Federal Credit Union at 1304 Jefferson Street. Um, similar to plan commission presentation, I have some handouts if you wouldn't mind me uh distributing very briefly. Yep. Thank you.

Thank you. much of the materials that were just handed out are um similar or identical to what I believe um has been distributed previously that I um submitted to David as we were corresponding getting ready for this meeting. Um, I have a few semi-prepared remarks, but I I will add that um uh this property at 1304 Jefferson Avenue um is item five and six on the agenda. So, it's um if you wouldn't mind, it'd be a little combined if that's all right with everybody.

Okay, very good. Um so, first I've already stated my name. Also here tonight with me are Robbie Mastersonson, uh president of Leaport uh Community Federal Credit Union, um some other board and staff members, and Tim Weber of Ton of Blank Construction who will be performing improvements to the site pending a a positive um decision tonight. For those that do not know, uh the design team um um have been working with city staff on improvements to the credit union's branch at 134 Jefferson Avenue, otherwise known as the southwest corner of Jefferson Street and Tyler Street. This is just outside the city's central business district. There are some illustrations on the zoning map and the packets that were just distributed. Um, as of a site review meeting held with city staff on August 20th, um, the project and plans otherwise satisfy staff as concisely as possible. What we're requesting tonight is related to um, a project that entails the stage construction of a new branch office at this same location with the um, eventual demolition of the existing structure that's there and at completion. The project will represent um a complete property property corner to property corner uh tear down and moder modernization of the property. Um through the process of working with city and staff um staff recommended that um some small items be cleaned up which is why we're here before you tonight asking to codify a use variance um or legalizing what is currently a non-conforming use and three minor development variances that we're requesting. Um so um and before I get into any detail on the variances we're we're requesting, I'm very confident to say that what we are requesting is either equivalent to any um variances that or non-conforming variances that are in place today or demonstrable improvements over what exists today. Um so first and foremost item five on

the agenda. Um a use variance is required um anytime a use exists on a lot.

Um a use variance is required anytime there's a use on a property that um is not allowed on the a lot that has a a zoning that doesn't allow it. In the case of this uh property at 1304 Jefferson, the property is zoned R1C, which is a residential district, including in your packet is a zoning map showing that that this credit union and branch uh sits on a transition zone between B2, CBD1, and R1C districts. Um whether there was some blanket resoning in the area in the past, I'm not quite sure of, but um the credit union currently exists as a legal non-conforming use on the lot. So by requesting and hopefully receiving this use variance we will remove that tag um make their existence there completely above board. Um and obviously of course going through this use process use variance process is the proper proper channel for consistency for any other development um shouldn't um everything should be above board. But in the simplest terms, the use variance we're requesting is simply so that the credit union may uh continue to provide at this location the same operations, drive-through access, um ATM access that they that they do today. Um so that is that is my remarks in related to um item five. Um the three uh development variances um are at least in my opinion very minor. Um the first of which is um a setback variance. An R1C lot requires a 25- ft front yard setback which is obviously traditionally for a smaller um residential structure. We are proposing a 9.4 foot setback along Tyler Tyler Street. We are requesting that for a couple reasons. Um one the parcel size of only half acres is obviously small for a commercial use. Um full setback compliance would either preclude drive-through operations, which they provide today, or hinder site

circulation, possibly create u uh inability to meet parking. And um in your packets is also site plan. We also selected this specific setback um to orientate the building in line with their their primary parking area along Tyler Street and otherwise improve site aesthetics. Um, I would also note I included an illustration with some with some tags on the existing property and to show that the building today provides no setback from the alleyway and um only about a three-foot setback to Jefferson. So, that's kind of where I hearken back to. We believe that the variances requested today are improvements over um the site as it sits today. The second variance we are requesting is related to buffer zones. Um the city requires buffer zones to be pro provided when a commercial use, not necessarily zoning but a commercial use buts a residential use. The neighboring parcel to the southeast is still a single family home. And you will see on our site plan as it does today, our parking does um extend more or less to that property boundary. Uh city code states that buffer zones can be provided in a number of ways. One of them being a 20 foot uh vegetated buffer or just a yard, a 3-ft tall burm or an 8ft wall or fence. Now while it's not very clearly illustrated on this site plan, there is an existing fence constructed by the property own constructed by the credit union in approximately 2009 when when a home was demolished and and the lot was expanded. Um albeit that site is not 8 feet in height. Um it should know that that fence and its installation on the property line was above board with the property owner. So we are simply requesting this variance to allow the fence that is already there today and will remain after construction to

continue to serve as as that satisfaction of that buffer requirement. Um our final variance we're we are requesting is related to rough use enclosure. City standards dictate that um refuge enclosures, waste receptacles, whatever terminology you'd like to use, be located as far as far as possible, but no closer than 20 ft uh from a residential district, which is our which are which is our southeast uh neighbor. Um you'll see we do have a refuge enclosure in what would be the south southwest corner of the building about 2 feet from the property line. As we touched on early as far as the the site acreage, limited acreage hampers creates an inability to to say hide a dumpster enclosure closer to the building without um without hampering vehicle circulation or um or parking or what have you. Um there's there's very limited flexibility when um you're only dealing with a half acre. Um I would also note that that banks specifically or credit unions um oftentimes they even have smaller enclosures than traditional commercial operations say at fast food and their their waste they generate is neither plent plentiful or odorous. So that's a that's a a pro in maybe supporting um less of a buffer. Uh and in further support of hopefully receiving these variances in your handouts are illustrations of the proposed building, the site plan and the landscaping plan. I will again um focusing on uh improvements in every way to the property as it exists today. The the current property is is fully built out. It's asphalt wallto-all. Um we've um provided pro provided a very extensive landscaping plan in the green space areas that we are creating that do not exist today on the property. Um that concludes my prepared remarks. Included

in the packet are um findings of facts should you choose to reference it. I appreciate your time and your attention and I'm happy to answer any questions. Thank you. David, if you'd like to.

Yeah. Yeah. So, really briefly, I'll just mention just for for the record, item number five, use variance is 25-02 petition is to allow bank credit union a drive-through operations in the R1C single family residential district. And item six together, so we're treating both of these together. Item six is variance of development standards 25-08 petition is to reduce the minimum front yard building setback from 25 ft to 9 ft on Tyler Street. Um the code reference is 4.04 in the residential section there. The second part is to reduce the minimum buffer zone landscaping from adjacent residential from 10 ft to 0 feet. Code reference is section 17.02 O2 uh parenthesis C. And number three is to allow waste receptacle closer than 20 ft uh 20 ft from an adjacent residential district. Uh code reference section 17.05 parentheses B. Um I won't go through the site plan as uh Mr. H has um mentioned all of the uh three the variances that are being requested as well as kind of the background on the site and the proposed development itself. Um so I'm just going to touch on just kind of the site surroundings. Um go through some of the photos that I took of the site. Um as you can see the existing bank is there. Um there's the house to the south of the exist the subject property um where the bank sits today. Um, again, this is just showing from Jefferson east or uh Jefferson Avenue, the bank right there on the alley line um to the uh what would be to the southwest and Jefferson to the north um right on the property line as it is today or really close to the property line as you can see the sidewalk there on Jefferson. Um

this is the fence that the the petitioner or has mentioned um the black metal fence remaining to stay after development. Um and keeping that in lie of the the minimum 10-ft landscaping that they're requesting. Um this is just showing the um multif family property across Tyler Street which is within the um as the petitioner has mentioned the central business district 1 um which is allowed to the east of Tyler Street. Um and then the property that is the bank and credit union to the west of Tyler Street in the R1C single family residential district. Um just showing the houses to the uh the immediate south of the bank um towards uh first street there and then the existing auto repair business cannon or more commonly known as cannons on the north of the bank there that which is also on property that's zoned R1C single family residential district but as is achieved through prior through zoning and all that variances and such. Um and then this is just showing more of the site surroundings to the north along Tyler Street looking towards Lincoln Way. Um the gas station offices there. Um and so staff does find that both the use variance and the variance of development standards petitions meet the goals and policies of the countywide land development pan and and the goals objectives of the zoning ordinance. Um, so staff does recommend approval of use variance 25-02 and variance of development standards 25-08 petition. Um, and I'll answer any questions if you have them.

Thank you. Thank you. Um, at this time I'll open it up for public comment. Is there any public comment?

I will be brief. I promise you're probably sick of hearing from me tonight. Bert Cook, executive director of the Leaport Economic Advancement Partnership. I just want to add one thing to David's report. I appreciate that. Um the group did obviously these are challenging uh developments when you're looking at infill and and you have a long established uh business in the area uh in the center portion of our city, but really appreciated the fact that um the group uh DVG tenant um met with the city as part of the site review process. I thought that was a great dialogue and discussion about uh the development plans and that's always a good opportunity for us uh as department heads on the city to kind of weigh in on the the plans and maybe make some adjustments. So just wanted to acknowledge that uh we appreciate that as part of this process have a lot of confidence in DVG and and Ton and Blank which we've had great success on other projects and uh appreciate you allowing me to share that this evening. Thank you.

Thank you. Is there any other comment? Hearing none, I'll close that portion of public comment. Um staff, do we have any questions for petitioner or would we like to make a motion on this? Now, did you say we can vote on both of these together or they have to be separate together? I'll make a motion to approve both the use variance and the variance of de the developmental standards.

Yeah, I'll second that with a comment. I think uh for all of our our residents over there, they're going to appreciate the improvements, especially the green the the green improvements with the Ches Trail coming through there. Candace does a great job. This is an exciting project. So, we have a motion and a second. All in favor? I I motion passes. Thank you very much. Thank you, sir. I'd like to note that the plan commission never gets clapping. Um, yeah. What is that? Don't be used to it. Welcome to the better team, Vicki.

Um, item seven is old business. Item eight is new business. Any other business? Motion to adjurnn. I'll make a motion to adjurnn. I'll second. All in favor?