Notice is hereby given of a meeting of BZA Division II (February 13, 2024) of the Board of Zoning Appeals.
Business:
Adoption of Meeting Minutes
Special Requests
PETITIONS REQUESTING TO BE CONTINUED:
Washington Township, Council District #3, Zoned C-4
Raising Cane’s Restaurants, LLC, by Joseph D. Calderon
Variance of Development Standards of the Consolidated Zoning and Subdivision Ordinance to provide for the construction of an eating establishment, with a drive through, including stacking and service units, within the front yard of East 82nd Street, with a 9.2 front yard setback (service units and stacking spaces not permitted along facades adjacent to public rights-of-way with a width greater than 30-feet or related front yards, minimum 10-foot setback required) and without the required screening and exclusive bypass aisle.
** Petitioner requests continuance to the March 12, 2024 hearing, without additional notice
Decatur Township, Council District #21, Zoned D-5
Michael & Mary Morris, by Cindy Thrasher
Variance of Development Standards of the Consolidated Zoning and Subdivision Ordinance to provide for the location of a 360-square-foot shed with a one-foot south side yard setback (10-foot corner side yard setback required).
**Staff requests continuance to March 12, 2024, in order to amend the legal notice
Petitions for Public Hearing
PETITIONS TO BE EXPEDITED:
Washington Township, Council District #2, Zoned D-1
John & Marcia Taylor, by Brian J. Tuohy
Variance of development standards of the Consolidated Zoning and Subdivision Ordinance to provide for the construction of a single-family dwelling with a 107.66-foot front yard setback from Central Avenue (114.25-foot front yard setback required).
Franklin Township, Council District #25, Zoned C-4
Flag Properties LLC, by David A. Retherford
Variance of Development Standards of the Consolidated Zoning and Subdivision Ordinance to provide for the location of a sidewalk café with a zero-foot front yard setback from Southeastern Avenue, encroaching 17.5 feet into its right-of-way, and being located zero-feet from a driveway (10-foot front yard setback, eight-feet of separation from a driveway required, encroachment into right-of-way not permitted).
Center Township, Council District #8, Zoned D-5
Martindale Brightwood Community Development Corporation, by Susie Wilson
Variance of Development Standards of the Consolidated Zoning and Subdivision Ordinance to provide for the construction of a two-family dwelling on each lot, both with 30-foot lot widths and lot areas of 4,065 square feet (minimum lot width of 60 feet and area of 7,200 square feet required), each with a parking pad with a three-foot south side yard setback (five-foot side yard setbacks required).
Washington Township, Council District #7, Zoned D-2 (MSPC)
Wesley Thacker and Ellen Mrzlack, by Josh Valentine
Variance of Development Standards of the Consolidated Zoning and Subdivision Ordinance to provide for the construction of a detached garage with a one-foot north side yard setback (seven-foot side yard setback required).
Washington Township, Council District #7, Zoned D-5
Haley Blanchet, Craig Blanchet and Kimberly Blanchet, by Joseph D. Calderon
Variance of Development Standards of the Consolidated Zoning and Subdivision Ordinance to provide for the construction of a detached garage with four-foot east side yard setback (seven-foot side yard setback required).
Washington Township, Council District #7, Zoned D-4 (TOD) (FF)
GP CM Carrollton Avenue Developers LLC, by Misha Rabinowitch
Variance of use of the Consolidated Zoning and Subdivision Ordinance to provide for an office use, per the filed site plan and plan of operations (not permitted); and variance of development standards to provide for placement of a primary freestanding sign (two signs permitted for residential communities).
PETITIONS FOR PUBLIC HEARING (Transferred Petitions):
Washington Township, Council District #3, Zoned D-3
Race Dorsey and Lauren Hall
Variance of Development Standards of the Consolidated Zoning and Subdivision Ordinance to provide for the location of a six-foot fence within the front yard of 56th Street.
Washington Township, Council District #3, Zoned D-S
Larry Rockafellow, by Melissa Iannucci
Variance of Use and Development Standards of the Consolidated Zoning and Subdivision Ordinance to provide for the temporary location of an accessory building without a primary building (not permitted) and the construction of a single-family dwelling on a .60-acre, 120-foot wide lot (minimum 150-foot lot width and area of one acre required), resulting in a 33.5-foot aggregate side yard setback (35-foot aggregate required).
PETITIONS FOR PUBLIC HEARING (Continued Petitions):
Decatur Township, Council District #22, Zoned I-3
Reagan Outdoor Advertising, by Jon Campbell
Special Exception of the Consolidated Zoning and Subdivision Control Ordinance to provide for the relocation of a legally established Outdoor Advertising Sign due to a highway widening and improvement of I-69 by a state agency, along a freeway within I-465 (not permitted).
Variance of Development Standards of the Consolidated Zoning and Subdivision Ordinance to provide for the relocation of an existing 40-foot tall off-premise advertising sign, of which the relocated off-premise sign will have a height of no greater than 65-feet tall (maximum height of 40 feet permitted), a setback of five feet from Rand Road (20-foot setback required), being located within 400 feet of the centerline of an Interstate Ramp (500-foot separation from interstate ramp entries required) and being located within no less than 148 feet from protected districts (300-foot separation from protected districts required).
Center Township, Council District #21, Zoned D-5 (TOD)
E&D Hopkins LLC, by Mark and Kim Crouch
Variance of Development Standards of the Consolidated Zoning and Subdivision Ordinance to provide for the construction of either:
A single-family dwelling:
a) On a medium lot typology with an area of 2,817 square feet (minimum lot area of 7,200 square feet required);
b) A six-foot front yard setback from Sanders Street (20-feet required);
c) A three-foot front yard setback from Hartford Street;
d) A five-foot front yard setback from I-65;
e) A five-foot rear yard setback (20-foot rear yard setback required);
f) An open space of 40 percent (60 percent required); and
g) A front-loaded garage comprising 100 percent of a façade along Hartford Street (prohibited).
Or a two-unit multi-unit home:
a) On a small lot with an area of 2,817 square feet (minimum lot area of 5,000 square feet required);
b) A six-foot front yard setback from Sanders Street (20-feet required);
c) A three-foot front yard setback from Hartford Street;
d) A five-foot front yard setback from I-65;
e) A five-foot rear yard setback (20-foot rear yard setback required); and
f) A front-loaded garage comprising 100 percent of a façade along Hartford Street (prohibited).
Center Township, Council District #17, Zoned D-8
Kathryn Ramseyer, by Melissa Iannucci
Variance of Development Standards of the Consolidated Zoning and Subdivision Ordinance to provide for the construction of a single-family dwelling with a front building line of 26 feet (maximum 19.9-foot front building line permitted) and a detached garage with four-foot side yard setbacks (five-foot side yard setbacks required).
** Petitioner requests withdrawal to be acknowledged
Washington Township, Council District #7, Zoned C-4
T5 Keystone LLC, by Timothy E. Ochs
Variance of Development Standards of the Consolidated Zoning and Subdivision Ordinance to provide for the operation of a quick service oil change facility with a drive-through with only one stacking space before the final component (two stacking spaces required) that faces a public right-of-way greater than 30-foot wide, within insufficient stacking maneuverability after the service bay exits (not permitted).
Center Township, Council District #16, Zoned D-5
Living Log Aquatic Services LLC, by Matthew Kerkhof
Variance of use and development standards of the Consolidated Zoning and Subdivision Ordinance to provide for the operation of an eating establishment with outdoor seating, storage and unscreened operations (not permitted, any outdoor operations must be screened), a 100-foot wide parking area within the front yard of Morris Street (parking within front yard limited to 30-foot in width) and a barbecue pit with a five-foot front yard setback from Charles Street, located in front of the primary building (minimum 20-foot front yard setback required, accessory structures not permitted within the front yard).
PETITIONS FOR PUBLIC HEARING (New Petitions):
Washington Township, Council District #3, Zoned I-2
Schmoll Development Company L.P. and Greg Schmoll, by S. Gregory Zubek
Variance of use of the Consolidated Zoning and Subdivision Ordinance to provide for the following as primary uses: sports performance training uses; physical fitness and athletics instruction and training; and dance and gymnastics instruction (not permitted).
** Staff is requesting a continuance of this petition to the March 12, 2024 hearing of Division II
Additional Business: