City of Bloomington, Indiana Board of Zoning Appeals, 27 Apr 2017

Previous Meeting Next Meeting

⏯

youtube image

►

From YouTube: Bloomington Board of Zoning Appeals 4/27/2017

Description

Onboard Link: https://bloomington.in.gov/boards/zoning-appeals/meetings/2017

A

It's a call to order the april 27th 2017.

A

Meeting of the board of zoning appeals we'll start with the roll call all right.

B

Thank you. We do have a quorum tonight's.

A

We, however, do not have a president or.

A

Vice president, as a rural state and those cases, staff will open the meeting and then immediately request a.

A

Nomination for temporary presidents do.

A

We have a is there a second voice voice.

A

Voice bo is fine, all those in favor aye.

C

Those opposed thank you. I'd err on the.

B

Eob are acting presidents and I and I.

A

Will turn the meeting over to zoning.

D

Appeals for april 27th 2017, we have.

D

Minutes to be approved for three 23:17 no report, resolutions or communications.

D

This evening we do have petitioned continued to may 18th 2017, that's uv 0.

D

4 1 7 lewis, development company in 2000, south of washington, street 114, east.

D

4Th street 121 east third street, we do.

D

Have a petition withdrawn and that's v: oh 8 17 louis development company at.

D

The same address, however, we do have one item on our agenda for consideration and that is petition: uv 40, 16 naples, llc.

D

Doug duncan is 1610 north kinser pike and I'll turn it over now to our case manager, amelia lewis. Oh I'm sorry, the minutes piece yeah at.

D

This point we will do the minister to be approved. Do I have a motion to approve the minutes for 3 2317, so moved? Second, you may have a second. I.

D

Wasn't I wasn't there, so you may have a.

C

D

And I don't believe I was there either was I there, the 23rd, that's the 23rd that was it okay, yeah. Second, I'm sorry too, I was like wait. That was my first meeting of this the process. So we do have a motion, a second any amendments to the minutes, seeing none. We will go to a.

D

Vote role call voice, that's fine voice.

D

Vote all in favor of the minutes to be approved, say aye all opposed. The minutes are carried now.

D

To petition uv 40, 16 and amelia.

E

Presenting the staff report, the site is.

E

Located at the southeast corner of north.

E

Kinser pike and north gourley pike, it is zoned commercial, residential. It's.

E

Approximately 1.2 a kers designated as a.

E

Community activity center by the gpp, the.

E

Site is currently vacant to the west. Is.

E

Existing multifamily there is an office.

E

Building to the east single-family to.

E

The south and additional commercial to the north here is a site photo looking.

E

Down kinser pike, looking south down.

E

Kinser and looking at the north edge of.

E

The property along gourley, the.

E

Petitioner is requesting a use, variance.

E

For first-floor residential in the commercial general district, this was forward forwarded to you with a favorable recommendation by plan commission at the same meeting, the site.

E

Plan was approved, the site plan is a three-story 39 unit.

E

Multifamily building here is the site.

E

E

Sorry this is kinser pike along here. The.

E

Apartments face kinser, and they this is.

E

A sidewalk connection and first floor units have ground-level.

E

Access the parking is located behind the.

E

A

We've had complete tentacle shutdown.

A

It's rebooting on us, so if you give it just a minute, we apologize. That's.

A

D

E

Okay- and we are back, thank you, I believe.

E

I was describing the site plan, so let's.

E

Give it another go, this is kinser pike. We have a sidewalk.

E

Along here, which connects to the residential units, the parking is tucked.

E

Behind the building and this area of the.

E

Lot remains undeveloped due to environmental constraints. There's sidewalk proposed along both street frontages, and this is the west elevation.

E

Along kinser pike, so you can see these.

E

Front doorsteps, that residents would be.

E

Able to access, in addition, on the other.

E

Side of the building, which is the side that faces the parking lot, there are external balconies and external stairways which are half covered. So on the front side, they are not visible, but this is how you gain access to these second and third floors. Here are the.

E

North and south elevations, as I.

E

Mentioned previously, the southern portion of the site will remain undeveloped due to tree preservation.

E

Standards steep slopes and there is a.

E

Creek, which requires a 75-foot riparian.

E

Buffer, which, I believe, extends all the way up to here fairly and just goes.

E

Right next to the proposed parking, the.

E

Commercial general zoning district prohibits ground-floor residential units and the petitioner proposes all residential and no commercial, so the bca.

E

Must determine if this petition meets the criteria and findings for a use, variance.

E

There are five findings for a use variance and we will walk through each of these. The first one is that it is not.

E

Injurious to the public, health or safety of the community, the site plan was.

E

Approved by the plan commission, which allows for sidewalks that fill in existing gaps in the network street.

E

Trees and landscaping there is an affordable housing component with this project and there's only one curb cut off of gourley pike, which limits access.

E

Along kinser, which is a very busy street.

E

Secondly, the use of the value of the adjacent area will not be substantially affected in an adverse manner. The.

E

Department believes that this serves as a buffer between adjacent properties that have already been developed with the commercial to the north and the single-family to the south. It also, as I.

E

Previously mentioned, creates pedestrian connections and it is located along a.

E

Bus route, the need for the variance.

E

Arises from some condition peculiar to the property involved, the department.

E

Finds that the southern portion of the lot is undeveloped well, due to environmental constraints, which is a condition unique in particular to the lot itself. This results in a smaller develop will develop a developable area.

E

And it prevents a large mixed-use.

E

Development that would likely be able to support commercial in a more effective way. The strict application of the you do.

E

Would constitute an unnecessary hardship.

E

The department finds that this is true, as it would require approximately 23,000.

E

Square feet of ground floor commercial and entirely precludes the option for.

E

Ground-Floor residential units and the.

E

Last, finding is that the approval does not interfere substantially with the growth policies plan. As I previously mentioned, this is designated as a community activity.

E

Center cac the plan outlines that the.

E

Commercial commercial activity center will be primarily commercial, however, residential units may be developed. We.

E

Believe that this incorporates a balance of land uses in the area and allows.

E

Residents to take advantage of the commercial services to the north, this.

E

Area is already fairly built out and is the last vacant parcel, and so this would.

E

Just be fitting into the existing.

E

Neighborhood with a use and design that.

E

Is consistent with the community activity center, the department.

E

Recommends the approval of the youths variance with the following condition that it meets all of the terms and.

E

Conditions outlined by the plan commission and that's all thank you very.

E

Much at this point so we will turn to.

D

The petitioner, my name, is jeff daniel. I.

F

Know fanny associates with me tonight is doug duncan of naples. Llc representing.

F

The owner of the property we've spent several months working with the staff on coming to this development.

F

As stated, we've met all the you do requirements. We've stayed away from all.

F

The environmentally sensitive areas, but.

F

We in order to develop the property we do require this variance to make the project viable. The staff has covered the.

F

Findings of facts, I really have nothing to add, but I'll be happy to answer any questions you might have. Thank you very much. We'll come back now.

D

To the board for any questions.

D

Miss utter it was for you, so it didn't.

G

Show when we were doing the presentation, but I actually went out there and looked at the lay of the land, that's a very difficult piece of land is that it seems.

G

Like the limestone breaks through all along it, so you're gonna be building right on top of bedrock. There there's doesn't seem to be dirt very difficult.

F

Piece of land to develop on my client bought this property in 1995, and I have.

F

Worked on several different iterations of trying to come up with something that physically works on the property since.

F

That time, additional requirements have come in with the disowning ordinances, such as tree preservation, steep slopes.

F

And riparian buffers making the site even more difficult to work with, but I believe a lot of that lay out the stud the limestone you saw might be fill material. They filled a portion of this.

F

Property in ninety six or seven when they built the or the lofts, is used to be up there on the bypass at kinser. Just.

F

North of this site, so there was some fill place back in the 90s, and that might be what you saw there. The the.

F

Office building next to this has a like.

F

A walkout lower level and I don't believe they hit any rock. So I what you saw might be just rubble fill. Hopefully.

G

Go out that office and then there's like.

G

A cliff there, you're saying that's, probably fill and then you're gonna have.

G

To build that more out to put your parking on top of it, yeah well be a wall.

F

Yeah we'll have a retaining wall along our east property line. It was something that was worked out between the owner to the east of us and the developer and and.

F

We have a satisfactory agreement with him on that. Okay, so, since its fill.

G

You'll probably be able to do your retention pond that you have on the plan. Yeah, it's not yeah. I was just wondering cuz, it's it's right by cascades park. If people don't know you know it's right above it, so it's actually would be a lovely place to live because you'd be just. You could just drop that right down to it, and now we have a sidewalk that.

F

Goes and you'll have a sidewalk yeah, so.

G

It's I I don't have any objection to the residential or anything it just. I wasn't.

G

Sure how you were physically gonna be able to to work with it. It seems very hard, oh, and I was also wondering what.

G

The oval was on kinser pike, that's in front of the buildings that I have on page my packet 14. I don't know if they.

G

Have that it seemed to be. Is that right.

F

Where she's, showing the cursor? No that's.

C

A retention, oh, is that what that is you.

G

Can see it in order to get our rule 5.

F

Permit we have to show where we're stockpiling topsoil, where we have concrete washington's things like that, all right all right. Well, okay,.

G

Good luck building there you might need these to do some blasting or something I don't know. Thank you any further.

D

Questions from board members seeing none.

D

We will go to the public for comment.

D

Seeing no comment. We will come back to the board for final comment to my left.

D

Yep, you want a motion for a motion. First.

C

Please right: I will move approval of the requested.

C

Use variance on the findings and.

C

Conditions set forth in the staff report, including the single condition of approval set forth in the staff report. We have a motion. Do we have a second? We.

D

Have a motion in a second now we will move to comments from the board. It's my.

D

Left any kind of have much to say we saw.

C

This at plan- oh yes, we did seeing no.

D

Comment we will ask for a roll call vote.

D

D

Yes, yes, yes, motion carries a four to.

D

Zero staff: this appears to be the final.

D

Item on our agenda this evening- and we were we are adjourned for this evening. Thank you so much.