City of Bloomington, Indiana Board of Zoning Appeals, 15 Feb 2018

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From YouTube: Bloomington Board of Zoning Appeals 2/15/2018

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Onboard Link: https://bloomington.in.gov/boards/zoning-appeals/meetings/2018

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Bloomington board of zoning appeals for february the 15th 2018.

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Can you please call rob?.

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B

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We do have minutes to be approved, but we are going to hold on those until such time that we have somebody present who was also at that meeting. Read reports, resolutions and communications?.

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I will entertain a motion to suspend the rules to appoint officers until which time we have more representation on the board, so that the second.

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Yes., yes, yes. ok. thank you., and then there is the conflict of interest. Questionnaire.

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So hopefully you are seeing conflict of interest questionnaire.

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You know some have submitted, I don't know if you all have those need to be submitted directly to barbara mckenny and the legal department.

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And if you don't submit them by next monday, I will email you or remind him.

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And we'd like to have them all in by that time, possible.

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Thanks. and I'd like to ask and recognize that beth is joining the board.

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and we didn't have a chance to say at the last meeting, but I just wanted to say just a brief word about a killer service for such a long time on the board.

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And she was a wonderful leader..

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She would very much be missed.

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and joe hoffman, who I always had sage advice and insights.

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He also will very much be missed for his long service on this board.

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Ok., so the petitions this evening we had two on the agenda.

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Do I miss both of them, even though one of them has been yes? So I guess I can say sorry, I'm not quite sure who, but the 37 17?.

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Dwellings, yes, on west allen, street has been continued to next month.

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They asked for a continuance and we don't have a full board.

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So that will be continued. If there's anyone here to see that one.

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It won't be up til next month.

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Ok., so we have one titian to be heard: tonight.

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See you slash v dash 0 1 dash, 1, 8 carol and david mckay. Please have the short cut.

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Good evening., so our petition tonight is for property located at 5, am sorry.

B

Are we going to have these tvs?.

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We may only have these two tvs.

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Joe sorry, we went before you got here. We only had these four and now. For some reason, I'm hesitant to try to fix it.

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Thanks for asking. sorry about that., the property is on the east side of town, 5, 0, 6, south high street, and the petition site is point. Seventy seven acres in the residential core zoning district and the gpp designation is also residential.

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There is a single family house and one accessory structure on the south side of the property you can see there and the surrounding uses are single family and then institutional across the street.

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There are bus before each night is a for conditional use approval for an accessory dwelling, unit.

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So the accessory dwelling unit is existing in the detached garage as a legal, legal, nonconforming, unit.

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It beats almost all of the development standards from the new accessory dwelling unit rules that were passed by city council in september of last year..

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So accessory dwelling units were added to the zoning code in single family, residential neighborhoods and signed into law in october, and in particular, development standards criteria were added to those.

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And so this preexisting site, which does have legal about conforming status as is meets all of the standards except for once.

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They're also requesting a variance from the side yard set back for the western property line.

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So the because the property has two street front edges to the north and east. The other property lines are held to the side yard set back standard, which is five feet.

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So it meets on the south end and does not meet on the west side, but is immediately adjacent to an unimproved alley.

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So this is a view from high street., the house here in front., and then you can see the red circle..

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What you can see of the accessory garage in the back?.

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And that is where the unit is located., so I'm going to briefly go over some of the standard. Since we haven't had any accessory dwelling units, yet.

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This is the first one coming through and.

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What the standards are and then what the conditions are on this property?.

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So the maximum number of accessory dwelling units for a lot is one, and there is one on this property, and only one family, as defined by code, can live in the unit, and that is the case. Here.

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The the property has to meet the minimum locked sites for the zoning districts in order to be able to have an accessory dwelling unit, and the minimum lot size in our c is 70 200 square feet, and this property is quite a bit bigger than that at over 33000 square. Feet..

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And again, because this is the first accessory dwelling unit, the separation requirement from other aidoo use that you might be asked to consider in the future is a moot point.

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Owner occupancy on the law is required, and the owner of this parcel does live in the main house.

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So some of the design standards include a maximum square footage requirement. That's different for an attached or detached accessory dwelling unit.

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But for a detached eu, it's 440 square feet and this property is just at or under that actually and then a maximum number of bedrooms is one.

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And again, this unit meets that requirement..

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So the setbacks is where the variance request lies.

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Frontyard set back the requirement is that the accessory dwelling unit has to have the same set back as the main house.

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This in this particular case, it's obviously set quite a bit farther to the west than the house, and the two side yard set backs are five feet: each.

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So five feet from the southern line and five feet from the western line. They meet the standard at the southern line, but on long the western line, it appears that the existing accessory structure is pretty much right on the property line.

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So they do not meet the five feet. There.

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And then maximum height.

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is 25 feet tall and this property is under 19 feet?.

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So just kind of a zoom in here of again of the aerial of the site, and you can see the green line that kind of runs along the western part of the garage and then it's immediately adjacent to a 12 foot. Unimproved alley.

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And then, what kind of looks like an alley to the south is actually owned by the petitioner. It's just a separate little sliver.

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So they do meet the setback. There.

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So staff has been working with petitioner to get this to get this all set for you to see tonight.

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And we have been kind of analyzing this, especially as the first lady you and wanting to make sure it meets the spirit of what they do is trying to allow for people to be able to develop these in the single family. Zones.

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And so we think that this is a good candidate and especially as an existing unit.

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So we found no adverse impacts and we found multiple peculiar conditions, mostly related to age of development and size of the lot.

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You know the the property or the development on the property has been there, since I believe before the third before the 30s.

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It's pretty. yeah, the garage has been in its current configuration and location since at least 1928 and the legal nonconforming unit has been in continuous operation since at least 1989.

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The parcel far exceeds a minimum lot size for the rc zoning districts, so, theoretically could be subdivided to have more than one primary structure.

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And so accessory dwelling unit meeting accessory dwelling unit size requirements we felt is appropriate. Holding the addition to the side. Yard setback doesn't seem to meet the intended purpose of the media regulation as there is existing separation from the closest neighbor because of the way the properties have developed and because of the unimproved alley.

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A couple things I wanted to mention: we have.

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The department is recommending that the bca adopt the findings in your packet and approve 01 18 with three conditions.

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The first condition being that the conditional use is approved for the existing accessory dwelling unit with existing dimensions. So no expansion of the dwelling unit would be allowed because they're already at the maximum size and the second and third conditions are basically enumerating..

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Requirements from code in the conditional use section for this protists particular use.

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So that petitioner shall record a commitment to satisfy 20 0 5 0 3 3 3 0, indicating that the actu cannot be sold separately from the primary unit and that the conditional use approval shall only be in effect as long as the owner of record occupies either the house or the actu, and that if the new approval is revoked then it must be. Then you must be removed from the property.

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So the actual code goes on to say this can include, but is not limited to removal of any second kitchen on the law.

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Including all kitchen appliances and cabinets., so that's something we just kind of wanted to clarify.

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That's pretty common, if you have, if you have an illegal unit on your lot, that is some a way to rectify that situation.

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Basically, taking out the second kitchen, so that would be something that they might have to do if they were to leave the property.

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And then the third condition is that the petitioner shall submit a copy of the property tax.

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Homestead exemption, basically as proof that they do live there on the site.

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So those again are both commitments that are actually from directly from code that we just wanted to spell out.

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Make sure that everyone understood that those would be required, so I can answer any questions.

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Representative, please state your name.

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I'm jim rosenberger.

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He's sweet. tell the truth, the whole truth and nothing, but the truth.

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I do not want to present this.

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I don't know if I need to say a lot.

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I think we've covered most elements in the petitioners statement.

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For me, it's it's very positive that this has been something that's been occupied for some time.

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There's a very happy tenet. they've had several tenets over the years.

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It's it's in some ways. I think a good kick for an 80 eu conditional youth because it does show, I think, a successful use of an aid to you over time.

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It's a historic, the house is historic, and the carriage house is very similar to the house, the interior of the 80. You has a lot of the similar kind of details.

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So it's a historic building, but it's also historic use.

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I think that, like I say, I think, that's a positive thing.

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It's been noted that the lot is very large. The other factors discussed is the fact that, on an arterial street, it's on the very edge of an rc district.

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I think there's some language in the r c section of if you are going to do something different in the rc area. Putting it on the edge of the district is one sensible, location.

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So the zoning changes across the street into institutional. If there's something else that might want to be, I think I think it's pretty well covered.

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You know it's a beautiful setup.

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We're just asking to make it to get out from under the legal but nonconforming any question. The questions for staff or petition by the board to the staff.

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Please. so the first one to make clear, because this is the first day to you that we've heard so based on what was passed by city council. If this particular property had conformed to all of the regulations, we would not be hearing this correct?.

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You would still be hearing enka, you would just be the conditional approval.

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Only without the accompanying variance.

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So in the future, all to use will come before the bca.

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Yes, it benefits, even if it meets all requirements.

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Yes, there were multiple proposals, but the one where you'll see them all least for now is what was finally passed?.

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B

Ok. and right now, in terms of aside from that fact, right now, what's nonconforming, if I read this right, is that the west and rear setback is nonconforming, correct.

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Could you go over the unimproved alley adjacent??

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What's the significance of that in terms of the the code.

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Sure., so the reason that we pointed out is that part of what the code is getting after by including the set back requirement is separation from the property. The adjacent property.

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So if you have a 5 foot set back on your property, and so does your neighbor, then you're going to be at least ten feet. Apart.

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And this situation, this unimproved alley is 12 feet. Wide.

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So, even if the neighbor, you know at some point wanted to build back here, they would have to meet current set backs. Since it's a new building.

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So that would be five feet plus the 12, so they it would be 17 feet apart at least.,.

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And so it would be meeting from this building designing said to be 22 feet. Five 12 and five.

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While this building doesn't mean right, this.

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yeah, this is it. zero., so plus the 12 plus the five. In this particular case, it would be a separation of 17 feet if someone developed on the property next door, which gets to the spirit of separation of set back requirements, is what I am.

B

Ok. and then the last thing is, is because this is the first of what will probably be many?.

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I just want to verify with the staff that petitions brought before the bca are not setting precedent. Correct.

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They are all decided on an individual basis. Correct.

B

Correct. all right., so approving or not approving any single aid to you does not set in motion some type of standard.

B

Correct. thank you.

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Question for staff. so., what is prompting in this case the need for change?.

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Ok, so I wrote that here.: why are they requesting this? So this legal nonconforming use could go on in perpetuity?.

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But it holds the property kind of in a freeze zone where, because the property is nonconforming, they can't do other expansions. So if they wanted to do small addition on their house, they they can't do it with the unit under its currently nonconforming status. The way that we and the way that the ordinance is currently written.

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So if they bring the unit up to current code requirements, then the whole property is swarming with other prints.

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Ok., so anybody in the public here who would like to comment on this petition?.

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Seen online. any final comments from the petitioner who have time remaining?.

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Mr. mccabe brought up this question earlier: today.

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And this refers to something that jackie read over its recommendation to the last sentence is if the eu approval is revoked at any time.

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The eu must be removed from the property.

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That sounds, you know if you sort of interpreted that, in a very strict way, it almost sounds like there could be a bulldozer coming down the driveway.

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But what I think we're most concerned, though, is, is how it would be revoked and under what conditions.

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And in a conversation with jackie, it sounded like that essentially would be.

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A situation where the owners decide to move until leave the property.

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So I guess unless they started having a lot of parties or something there and a lot of neighbors complained, but they have a great track. Record.

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So there are just that was just. I thought, a legitimate question for mr. mckay to ask about how could that be? Revoked?.

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What would happen? that's a sort of an open question? Would you confirm to them sort of this sort of the most likely condition? Is they would move.

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Said: ok, fine.

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C

So yes., so the way that it reads in the ordinance says if, at any time the conditional use approval is revoked or is no longer. In effect, the eu must be removed from the property and then the sentence about the second kitchen.

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So I think the most likely scenario for having it be revoked would be if they were to leave the property.

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And, for example, someone whose primary residence is somewhere else bought the property, then you can no longer be used.

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Under this approval, because the owner of the property has to live on the property under our current eu rules.

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So this is a point of clarification.

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The kitchen, the cooking places, would have to be removed.

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So it's not enough! Ms rosenberg, and I talked about this a little. It's not saying, and I understand the concern.

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It's not saying that if they were to sell this property, someone is going to have to tear the garage down.

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It is more specifically saying that that the way that we describe residential units having to do with fixtures inside the unit that those fixtures would most likely have to be changed that would be.

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That's usually a fix that we have.

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So we just want to get that on the line for the clarification.

E

A

Ok. back to the board for action, as these special assets can be naber petitioned for revocation of this 80 year, permit.

B

You were saying that one of the most likely ways would be the most obvious way and the reason that the ordinance was written this way was so if someone moves, they are no longer the primary owner of the residence.

B

But at the same time they just want to make sure reclear does. Would it would the neighbor be able to petition for a revocation.

C

There's not a specific repercussion process for you, so whatever the legal process is for.

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Remonstrating against a variance which I'm not sure that might actually be a court process. That would be what they would go. Through.

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We do not have a specific one. I don't know if mr. desmond knows the answer to that question.

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I think that it would actually be a civil or that they would actually have to go through the courts.

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If a neighbor wanted to.

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Seek file remonstrance against a decision, and the only reason I ask is because decision of the bca should suffice.

C

B

For that variance., but because of this new policy, I just want to make sure we're kind of clear on the first couple that we do share.

B

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Ok., I will entertain a motion for approval of c use: flash v, 0 1 1 8, as recommended by staff common.

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Could you please karl rove?

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Yes. throckmorton. yes. ok., the motion is passed..

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Petition is granted.. Thank you very much.. We are adjourned. thank you.