A G E N D A CITY OF FORT WAYNE BOARD OF ZONING APPEALS

Transcription

AGENDA
CITY OF FORT WAYNE BOARD OF ZONING APPEALS
Board Members: Mike Bynum, James Hoch, Mary McManus, Barney Niezer, Chris Stewart
The Board of Zoning Appeals will conduct a public hearing in Room #35, Garden Level, Citizens Square, 200 East
Berry Street, Fort Wayne, Indiana on September 19, 2013 at 6:00 p.m. Any person needing special accommodations in
order to participate are to contact the Citizens’ Advocate Office at 427-1111.
OLD BUSINESS
1. Case No.:
Applicant:
Location:
Appeal:
UVAR-2013-0076
Plant Center, Inc.
9431 US 24 West
An appeal to amend condition number 2 of use variance 23-2008 (an expansion of a nonconforming use - retail plant nursery) to reduce the side yard setback requirement for storage
and display from 10 feet to 2 feet along the west side and to 0 feet along the east and front
property lines in a CM2 zoning district. (Continued from July and August 2013)
NEW BUSINESS
1. Case No.:
Applicant:
Location:
Appeal:
DSV-2013-0130
MediaQuest Signs for AGRD Fort Wayne II, LLC
1450 Getz Road
An appeal for a development standards variance to increase the height for a free-standing sign
from the permitted maximum 6 feet to 32 feet in a CM1 zoning district.
2. Case No.:
Applicant:
Location:
Appeal:
DSV-2013-0142
MediaQuest Signs for AGRD Fort Wayne II, LLC
1450 Getz Road
An appeal for a development standards variance to increase the size of a free-standing sign
from the permitted maximum 32 square feet to 114 square feet in a CM1 zoning district.
4. Case No.:
Applicant:
Location:
Appeal:
DSV-2013-0132
The Baldus Company for Kelley Chevrolet
5220 Value Drive
Appeals for development standards variances to 1) allow a second free-standing sign along a
road frontage and 2) increase the permitted size of a free-standing sign from 300 square feet to
392 square feet in an IN3 zoning district.
5. Case No.:
Applicant:
Location:
Appeal:
UVAR-2013-0134
Confraternity of Penitents
1702 Lumbard Street
An appeal for a use variance to allow an office and on-line (mail order) religious gift shop in an
R2 zoning district.
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6. Case No.:
Applicants:
Location:
Appeal:
DSV-2013-0135
Graycraft Signs
6314 Lima Road
An appeal for a development standards variance to increase total wall sign size from the
permitted 100 square feet to 774 square feet for three signs proposed for the west façade in a
CM2 zoning district.
7. Case No.:
Applicant:
Location:
Appeal:
UVAR-2013-0136
Mark Summers
4923 Maple Terrace Parkway
An appeal for a use variance to allow a dog grooming business in an R1 zoning district.
8. Case No.:
Applicant:
Location:
Appeal:
SU-2013-0138
Greg Smith
908 Elmer Avenue and 2811 Sherman Boulevard
A request for a special use to allow a parking area for Protechs Inc. in an R1 zoning district.
9. Case No.:
Applicant:
Location:
Appeal:
DSV-2013-0141
Art Van Furniture, Inc.
311 E. Coliseum Boulevard
An appeal for a development standards variance to increase total wall sign size from the
permitted 400 square feet to 574 square feet for five signs proposed for the south façade in a
CM4 zoning district.
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City of Fort Wayne Board of Zoning Appeals
Staff Report
(Continued from August 2013)
Case Number: UVAR-2013-0076
Request:
Location:
September 19, 2013
An appeal to amend condition number 2 of use variance 23-2008 (an expansion of a nonconforming use – retail plant nursery) to reduce the side yard setback requirement for storage and
display from 10 feet to 2 feet along the west side and to 0 feet along the east and front property
lines in a CM2 zoning district.
9431 US 24 West
Applicant: Plant Center
Property Owner: S & T, LLC
Notified:
• 11 Property Owners Notified
• Hamlets of Woodland Ridge
• Manor Woods – no address listed
Legal Description: See File
Size of Property: 1.22 acres
Applicable Ordinance Section:
• §157.404 (C,3)
Adjacent Zoning & Land Uses:
• North – AR/ US 24
• South – R2/Residential
• East – AR/Residential
• West – AR/US 24
Township and Section:
• Aboite 27
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BZA History:
Case Number 23-2008. An appeal for a use variance to allow expansion of a legal non-conforming use (retail
plant center); an appeal for variance of development standards to allow side yard setback reduction from 10 feet to
2 feet in a CM2 district. Approved with conditions including:
Condition 2.) Any materials stored or displayed on the property shall be placed no closer than 10 feet to
the property lines and must be in compliance by July 1, 2008.
Comprehensive Plan:
Guiding Principle No. 6 in the Plan-it Allen Comprehensive Plan states that “Development contiguous to urban areas
should be encouraged and organized as commercial centers and neighborhoods, integrated with the existing pattern.
Land use Objective LU10.E is to “Encourage infill development and redevelopment and redevelopment which are
compatible with the character of existing development.”
The Economic Development Goal of the comprehensive Plan is “A vibrant and diverse economy that balances existing
business growth and new business attraction in a manner that produces secure, well-paying jobs, provides infrastructure
improvements needed for economic development, promotes revitalization, fosters operational efficiencies and increases
utilization of the airports. Objective ED1 is to “Plan, invest and develop competitive locations and sites for existing
business expansion, new business attraction and entrepreneurial development.
The requested use variance to amend conditions to reduce setbacks to two and zero feet for storage and display may not
be compatible with the existing residential development that is located to the south and east of the retail plant nursery.
Staff Discussion:
The applicant, Plant Center, Inc, would like approval to amend use variance 23-2008 to allow a reduction in setbacks for
storage and display for the business.
The Board approved an expansion of the business in 2008 with a condition that materials stored or displayed on the
property shall be placed no closer than 10 feet to the property lines. The applicant wishes to amend this condition
(condition number 2) to be modified to state that “any materials stored or displayed on the property shall be placed no
closer than two feet to the property lines along the west property line adjoining The Hamlets subdivision, no closer than
the location of the existing fence to the property line adjoining U.S. 24 and no closer than the existing fence along the
east property line adjoining the Manor Wood subdivision.” According to the application, the applicant states that “the
imposition of the setback requirements for the storage of product requested by this application does not constitute an
imposition upon the adjacent property holders, as the Plant Center maintains a 6-foot fence, which is a complete visual
barrier. Adjacent landowners cannot see product stored within 10 feet of the property line.” The application also states
that “the watering of product upon the Plant Center Property does not cause water problems on adjacent properties.
Certainly, whether the product is 10 feet from the property line or on the property line makes absolutely no difference.”
Also, “The difference between the setback requested by this application and the 10-foot setback has a dramatic effect on
the Plan Center business by reducing its shelf space by more than 20%.”
Since the approval in 2008 Staff has received complaints concerning the setback of the product stored on the property as
well as the water runoff from the watering of the products. In response to recent complaints, Staff advised the applicant
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that they would need to come into compliance with the 10 foot setback or file an application with the Board of Zoning
Appeals to amend the conditions of the 2008 approval. The applicant has currently moved the product to the proposed
setbacks in this application and during the time of the site visit was deconstructing a structure built along the east
property line. The site tour also revealed a shed on the east side of the property and at that time the applicant discussed
with Staff the possibility of moving that shed before the hearing.
The standard setback for product storage and display on commercial properties as required by the City of Fort Wayne
Zoning Ordinance is 5 feet on paved surfaces and 10 feet on gravel surfaces. The property has a 10-foot utility
easement running along the east side. In 2008 Staff recommended the 10 foot setback based on these factors and in
hope that the greater setback would allow for some absorption of irrigation water lessen the amount reaching the
adjoining properties.
This property is surrounded to the east and south by residential homes of the Manor Woods neighborhood as well as the
Hamlets to the west. The Board may want to question the applicant about any future expansions of the business, the
possible employee parking area located at 9436 US 24 and if the applicant has met with the Manor Woods and Hamlets
neighborhoods concerning this proposal. Staff has also been made aware that the applicant is using a property located at
9436 US 24 West with a zoning classification of AR as a parking lot for employees of the Plant Center. According to
the Department of Planning Services database there have not been any approvals for a parking lot. A complaint pursued
by Neighborhood Code Enforcement of multiple vehicles parked on grass was resolved by expanding the gravel parking
lot in the front yard of the property.
Recommendation:
Staff has no recommendation.
Suggested Conditions of Approval:
Should the Board find that the proposal meets the legal tests for approval; staff would preliminarily recommend the
following conditions in addition to those typically applied to current use variance approvals:
•
•
The Property Owner shall execute and record a written commitment concerning the use and development of the
real estate. The terms and conditions of the written commitment shall include the following conditions of
approval in conformance with Board’s Rules of Procedure. The approval shall not be effective unless and until
the property owners of the real estate have recorded, executed and delivered the recorded written commitment
to the Zoning Administrator within 30 days of the decision.
Approval is granted for a landscape supply business.
•
On site signs shall be limited to those permitted in CM3 zoning districts including no more than one
free-standing sign and no banner signs. Changeable copy and internally illuminated signs, including
electronic message boards, are discouraged. Sign permits shall be required for any new signs.
•
•
Permits and approval from all applicable federal, state, and local agencies shall be required.
Materials stored or displayed on the property shall be placed no closer than _____ feet to the west side, _____
to the east side, and ______west front property lines.
Approval shall be terminated and of no further affect in the event the use is discontinued for a period of 12
months. Upon such termination, no reestablishment of the use in any form shall occur without favorable action
(including new findings of fact/law and conditions of approval) by Board/ZHO or any successor agency.
The Board of Zoning Appeals hereby grants the Fort Wayne Zoning Administrator or her/his designated staff
authority upon written request to consider an extension of any Board approved condition, for a period not to
exceed six months.
•
•
June 2013 Board Action:
The Board continued the case for one month to allow the applicant and the surrounding property owners and
neighborhoods to discuss concerns.
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July 2013 Board Action:
At the request of the applicant and a representative for the remonstrators, the case was continued for an additional
month as they work toward common ground.
August 2013 Staff Update:
Staff is unaware of any changes in circumstances, and expects that the applicant and remonstrators will be able to
provide the Board with a thorough update. Staff continues to have no recommendation.
August 2013 Board Action:
Following an additional request from the applicant and a representative for the remonstrators, the case was continued for
an additional month as they work on final details of a plan.
September 2013 Staff Update:
Staff is unaware of any changes from the August 2013 meeting where a second continuance was granted by the Board
of Zoning Appeals. Staff expects that the applicant and remonstrators will have made progress in resolving the issues
relating to the request given to the Board. Staff continues to have no recommendation.
Notes:
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Staff Report
Case Number: DSV-2013-0130 & DSV-2013-0142
Request:
•
•
Location:
September 19, 2013
An appeal for a development standards variance to increase the height for a free-standing
sign from the permitted maximum 6 feet to 32 feet in a CM1 zoning district.
An appeal for a development standards variance to increase the size of a free-standing sign
from the permitted maximum 32 square feet to 114 square feet in a CM1 zoning district.
1450 Getz Road
Applicant: MediaQuest Signs for AGRD Fort
Wayne II, LLC
• Wayne 7
Property Owner: AGRD Fort Wayne II, LLC
Notified:
• Walnut Hills – not listed
• 157.316 (B,2,a)
• North – CM2/Commercial
• East – SC4/Shopping Center
• West – CM2/Commercial
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BZA History:
Case Number (County) VAR 573/1976. To operate a radio sales and service business temporarily on said property.
Denied.
Staff Discussion:
The applicant as the sign contractor for the property owner is requesting two development standards variances to
construct one proposed freestanding on-site sign. This type of request is available with approvals by Board.
The staff site visit showed the property in the primarily commercial area. Illinois Road is north. The commercial use
building and property is currently under construction. Commercial uses are located north, east, and west. Residential
zoning and residential use is directly south of the property.
The application provided information related to the legal tests for approval include: “the property is hidden from highly
traveled Illinois Road to the north.” The property is located on Getz Road with access on Getz Road. Staff at this time
is unclear about the unique property needs that result in requests for signage 26 feet higher and 82 square feet greater
than currently permitted by the Zoning Ordinance. It appears from the information provided that the applicant, with no
frontage on Illinois Road, desires to have signage visibility from Illinois Road. An additional application comment
provided includes: “if our variance is not accepted, our current alternative plan would be to use the monument sign
currently allowed by code/city ordinance.”
Staff recommends that Board question the applicant about any possible alternatives to attempting to have Illinois Road
traffic visibility for this property, and the legal tests for approval of both development standards variances. At the time
of Staff report and from the information provided in the application, Staff believes that there are not positive answers to
the three legal tests for each application. The property is not located on Illinois Road and there appears to be nothing
obviously unique to this commercial property currently under development that relates to the requested increases in
height and size for the freestanding sign.
Staff Recommendation:
Staff recommends denial for both development standards variances.
Notes if Approved:
Should the Board find that the proposals meet the legal tests for approval; staff would note that construction would be
subject to the following requirements:
•
•
An Improvement Location Permit though the Department of Planning Services and a Building Permit through
the Allen County Building Department are required.
The maximum size and height shall be as determined by the Board.
Notes:
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Staff Report
Case Number: DSV-2013-0132
Request:
Location:
September 19, 2013
Appeals for development standards to 1) allow a second free-standing sign along a road frontage
and 2) increase the permitted size of a free-standing sign from 300 square feet to 392 square feet in
an IN3 zoning district.
5220 Value Drive
Applicant: The Baldus Company for Kelley
Chevrolet
• Washington 22
Property Owner: Tom Kelley, Kelley
Chevrolet
Notified:
• North – IN1/1-69 Ramp
• South – IN2&IN3/Wooded Lot
• East – IN2/Costco
• West – IN3/Wooded Lot & I-69
• §157.316 (B,4,a)
BZA History:
None prior to this request.
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Staff Discussion:
The applicant is requesting development standard variances to allow a second free-standing sign on a street frontage and
for the sign to exceed 300 square feet. These types of request require Board review for approval.
The property is located at the southwest corner of the Lima Road and Interstate 69 interchange. The new Kelly
Chevrolet dealership is nearing completion at this site. The property has just less than 1200 feet of road frontage along
the Interstate 69 exit ramp as well as some additional at Value Drive. Two free-standing signs are proposed along the
exit ramp frontage. They plan to install a new 47 foot high 226 square foot corporate sign as is typically found at new
car dealerships near the mid-point of the frontage. They are also requesting permission to install a 39 foot high 392
square foot double-sided electronic message board at the far northwest corner of this site. Wall and directional signs are
also anticipated and permits for their installation have been issued.
Properties with industrial zoning are permitted one free-standing sign of up to 300 square feet and 50 feet in height on
each street frontage. These signs may include electronic changeable copy component up to the maximum permitted size
of the sign. The development of this site, the adjacent Costco site, and a retail outlot were reviewed and approved last
year by the Fort Wayne Plan Commission. No special allowances for free-standing signs were requested or granted
other than a modest freestanding sign at the intersection of Value Drive and Progress Drive.
Staff suggests that if approved, the Board place conditions of approval on this sign. Given the size and prominent
positioning of the sign, staff would like the Board to have strong assurance that the sign will be operated within the
limits found in the Zoning Ordinance.
Staff has no recommendation at this time.
following conditions in addition to those typically applied to development variance approvals:
1. The Property Owner/Applicant shall execute and record a written commitment concerning the use and
2.
3.
4.
5.
6.
7.
development of the real estate. The terms and conditions of the written commitment shall include the
following conditions of approval in conformance with Board’s Rules of Procedure. The approval shall not
be effective unless and until the property owners of the real estate have recorded, executed and delivered
the recorded written commitment to the Zoning Enforcement Officer within 30 days of the decision and
prior to issuance of the necessary Improvement Location Permits.
Approval shall run continuously, unless notified by the Zoning Enforcement Officer of non-compliance
status and revoked by the Board after a public hearing.
There shall be an administrative update to the Zoning Hearing Officer in 6 months.
Permits and approval from all applicable state, local and federal agencies shall be required, to specifically
include an Improvement Location Permits (ILP) for all signs. The ILPs shall include graphics and
dimensions of the signage to demonstrate and confirm compliance with the specific style and sizes of
signage approved by the Board.
This approval allows for the installation of one additional free-standing sign of up to 392 square feet on the
site.
The sign may include an electronically changeable copy cabinet and will be subject to the operational
limits as required by the Zoning Ordinance
The Board of Zoning Appeals hereby grants the Fort Wayne Zoning Enforcement Officer or her/his
designated staff authority upon written request to consider an extension of any Board approved condition,
for a period not to exceed six months.
Notes:
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Staff Report
Request:
Location:
September 19, 2013
An appeal for a use variance to allow an office and on-line (mail order) religious gift shop in an R2
zoning district.
1702 Lumbard Street
Applicant: Confraternity of Penitents
Property Owner: Diocese of Fort Wayne/South
Bend
Size of Property: 0.68 acre
• §157.404 (C,3)
• Adams 7
Notified:
• East Side Community – no listing
• North – IN2/Residential
• East – R2/Residential
• West – R2/Residential
BZA History:
None prior to this request
.
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Comprehensive Plan:
The overall goal of the Comprehensive Plan, regarding Housing and Neighborhoods, is “Neighborhoods that are stable
and diverse, providing a wide range of housing options, linking residents to a variety of land uses which meet the needs
of the community.” Guiding Principle No. 2 of the Comprehensive Plan states that “The pattern of future new and infill
development should be compatible with the character of existing development.” Guiding Principle No. 12 states that
“Mature neighborhoods should be stabilized, maintained, and enhanced.”
To help preserve and protect the surrounding neighborhood, this request does not appear to be in conformance with the
goals, principles, and objectives of the Plan-it Allen comprehensive Plan.
Staff Discussion:
The applicant is requesting a use variance for an office and online (mail order) religious gift shop in an R2/Two Family
Residential zoning district. As proposed, this use is only available with a Board approval.
The property is located on the southwest corner of Reynolds Street and Lumbard Street. According to the property tax
card the residential home is 1704 square feet with an attic of 556 square feet and a basement that consists of 888 square
feet. According to the application, the applicant is proposing to run the mail order business within the residence or
within the garage. The garage is located on a separate parcel. Both parcels are owned by the same property owner.
Staff is recommending that the property owner combine the two parcels. If approved, the two parcels would need to be
combined if the applicant decided to place the business within the garage.
Application information provided includes:
• Hours of operation: No hours of operation – no customer or client visits
• Possibly one paid employee or volunteer visiting residence two to three days a week
• No signage
• Deliveries would be once or twice a week
• Exterior lighting will be maintained as to what is currently on the property
• No exterior storage related to the business is requested
• The estimated time for completion of improvements and construction would six weeks if business is in garage
and not within the house.
• Parking would be offered in the driveway to the west of the residence or on-street parking is also available.
The applicant is proposing this business move to the Fort Wayne area from Rhode Island where they are currently
running the online business from their residence. The applicant states that the neighbors “probably won’t even know
the (business) is here. There will be no excess traffic.” The applicants for the Confraternity of Penitents is a part of a
local religious group in Fort Wayne where volunteer helpers/members currently live to provide ministry services to
others through the religious gift shop. The applicant would have been able to do the mail order/online business without
Board approval as a home occupation if it was not for the volunteers/possible paid employee. Due to the
employment/volunteers visiting the property, the applicant was directed to apply for a use variance.
Staff recommends denial of this application as staff believes that there is no hardship to the property to allow the
approval of this use variance.
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following conditions in addition to those typically applied to special use approvals:
•
•
•
•
•
•
•
•
•
•
•
•
Staff shall present a status report to the Zoning Hearing Officer (ZHO) in 1 year unless notified by the
Zoning Administrator or successor agency of non-compliance status and revoked by the Board after a
public hearing. The applicant shall be present to answer any questions raised by the ZHO or Staff. A
recorded written commitment will likely be required at that time.
Permits and approval from all applicable federal, state, and local agencies shall be required.
Approval is limited to an office and storage/processing space which relates directly to the online (mail
order) religious gift shop.
Hours of operation shall be limited to 7:00 a.m. to 7:00 p.m. Monday through Friday.
The number of employees/on-site office use shall be limited to two including the applicant.
Signage shall be prohibited. No banners, pennants, streamers, or portable signs may be placed on the
property unless otherwise permitted by the Sign Ordinance.
Exterior storage shall be prohibited.
Waste material shall be disposed of in a manner conforming to local, state and federal regulations.
Exterior lighting shall be residential in style and level and shall not extend into public rights-of-way.
Approval shall be terminated and of no further affect in the event the proposed use is not established
within 12 months or is discontinued for a period of 12 months. Upon such termination, no reestablishment
of the use in any form shall occur without favorable action (including new findings of fact/law and
conditions of approval) by Board/ZHO or any successor agency.
The site shall be kept free of any and all refuse, debris, and junk at all times.
The Board of Zoning Appeals hereby grants the Fort Wayne Zoning Administrator or her/his designated
staff authority upon written request to consider an extension of ant Board approved condition, for a period
not to exceed six months.
Notes:
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24
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Staff Report
Request:
Location:
September 19, 2013
An appeal for a development standards variance to increase total wall sign size from the permitted
100 square feet to 774 square feet for three signs proposed for the west façade in a CM2 zoning
district.
6314 Lima Road
Applicant: Graycraft Signs
Property Owner: FP Subsidiaries
Notified:
• Ludwig Park
Legal Description: Ludwig Park Add Lot 54
• §157.316 (B,3,a,v)
• Washington 15
• North – R1/Residential
• South – CM2/Commercial
• West – SC4/Lima Road & Shopping
Center
BZA History:
26
Staff Discussion:
The applicant is requesting development standard variances to allow an increase in permitted walls signs. These types
of request require Board review for approval.
The property is located on Lima Road between Orlando Drive and Ludwig Park Drive. Neither has through access to
the Ludwig Park neighborhood to the east. The business is the Klopfenstein furniture store. The business is changing
and new signs are needed to identify new furniture lines. The three signs shown are “Ashley Furniture HomeStore”,
“Mattress Headquarters”, and “Home Rooms Klopfenstein Furniture”. Each sign is to be located above an entrance to a
specialty area facing Lima Road. The illustrations initially supplied show 535 square feet but according to the applicant
a more accurate measurement of the desired signs is 774 square feet.
In the CM2 zoning district each building is permitted 100 square feet of wall signs per side. In the case of multiple
tenant buildings 100 square feet is allowed per store front. The applicant is requesting separate wall signs for each of
the entrances to the three related but distinct furniture operations in the building. The property does have a freestanding sign that meets standards. At this time the applicant is not requesting any signs on the south, east, or north
sides of the building.
Given the size and the three divisions of the building and the location in a congested commercial area staff is supportive
of some increase in permitted signs for the building. However, Staff is uncomfortable recommending approval of more
than 600 square feet without a clear practical difficulty in the use of the property. As the applicant is not requesting that
any of the signage be electronic message boards, staff would like to suggest if approved that only static image signs be
permitted.
Staff recommends denial at this time.
2.
3.
4.
5.
6.
dimensions of the signage to demonstrate and confirm compliance with the specific sizes of signage
approved by the Board.
This approval allows for the installation of three wall signs of up to _________ square feet each on the
west side of the building.
The wall signs may not include any electronically changeable copy components.
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Notes:
28
29
30
31
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Staff Report
Request:
Location:
September 19, 2013
An appeal for a use variance to allow a dog grooming business in an R1 zoning district.
4923 Maple Terrace Parkway
Applicant: Mark A. Summers
Property Owner: Craig Hill & Mark Summers
Legal Description: Lot 142, Sec 4 of
Maplewood Terrace
• §157.404 (C,3)
Notified:
• Maplewood Terrace
• St Joseph 22
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BZA History:
Comprehensive Plan:
The overall goal of the Comprehensive Plan, regarding Housing and Neighborhoods, is “Neighborhoods that are stable
and diverse, providing a wide range of housing options, linking residents to a variety of land uses which meet the needs
of the community.”
Guiding Principle No. 2 of the Comprehensive Plan states that “The pattern of future new and infill development should
be compatible with the character of existing development.” Guiding Principle No. 12 states that “Mature neighborhoods
should be stabilized, maintained, and enhanced.” Objective H2 in Chapter 3 (Housing and Neighborhoods) is to
“Promote Attractive Neighborhoods.” Guiding Principle No. 6 in the Comprehensive Plan states that “Development
contiguous to urban areas should be encouraged and organized as commercial centers and neighborhoods, integrated
with the existing pattern. Land Use Objective LU10.E is to “Encourage infill development and redevelopment and
redevelopment which are compatible with the character of existing development.”
This requested use variance does not appear to be in conformance with the Plan-it Allen Comprehensive Plan and is not
compatible with the uniform character of the neighborhood. Use variances approvals are based on the characteristics of
the property and surrounding area as opposed to special uses that consider the needs and expected performance of the
applicant substantiating an approval may be difficult.
Staff Discussion:
The applicant is requesting a use variance for a dog grooming business to be located at 4923 Maple Terrace Parkway.
The property is zoned R1 – Single Family Residential and the proposed use is only available by obtaining a use variance
through the Board in this zoning classification.
The property is currently zoned R1 – Single Family Residential and has been and continues to be used as a single family
home. The applicant is requesting approval for a dog grooming business similar in nature to a home based business or
home workshop. However, as dog grooming is not available as a special use home based business or home workshop,
the only avenues available to the applicant are rezoning and a use variance.
The property includes a well-maintained house and garage. According to the submitted application information and
speaking with the application, the dog grooming operation would occupy 400 square feet of the rear portion of the
unusually large attached garage. The property has a generously-sized double driveway and on street parking available.
Hours of operation proposed would be Monday through Friday from 8:00 a.m. to 6:00 p.m. with the only employee of
the business being the applicant. He is anticipating 5 to 10 dogs daily to be groomed at the residence.
The applicant has been a dog groomer for many years at a local veterinary hospital and can no longer physically groom
animals that are 100 lbs or over and due to this condition is applying to the Board to allow a dog grooming business
within his home. The business would allow him to groom animals that are smaller and would fit within his physical
restrictions. He is requesting no signs and no physical changes to the exterior of the home. The entire operation is to be
contained in a 400 square foot portion of the rear of the garage.
Approval of a retail business in a uniformly residential area could have an injurious effect by establishing a precedent
for non-residential use and by catering to persons outside the neighborhood. The use and value of the areas adjacent to
the property may be changed by the approval, since the property will change in character and basic use. While there are
likely home occupations and home based businesses and workshops in the area, there are no approvals for retail service
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business. Though there are certainly conditions specific to the applicant supporting the request, there are no conditions
peculiar to the property supporting the variance. While a strict application of the terms of the ordinance will constitute a
hardship to the applicant, there would be is no hardship to the property if denied. The Comprehensive Plan generally
supports entrepreneurial efforts and to some degree mixed use development; it also supports maintaining neighborhood
character and integrity.
Staff is recommending denial of this request. While sympathetic to the needs of the applicant, the request does not
appear to meet the legal requirements for a use variance. If the Board finds that the legal requirements can be met, staff
would recommend conditions that would typically be applied to special uses for home based businesses.
Staff recommends denial based on the recommended findings for the reason set forth in the findings.
following conditions:
•
•
•
•
•
•
•
•
•
Staff shall present a status report to the Zoning Hearing Officer (ZHO) in one year. The applicant shall be
present to answer any questions raised by the ZHO or Staff. At that time, the ZHO may set a new public
hearing to amend conditions as may be appropriate at that time or revoke approval if applicant is not in
operation or not in substantial conformance with approved conditions.
The applicant is solely responsible for complying with all licensing requirements, laws, and regulations of the
City, County and State.
Approval is limited to a dog grooming business. The use shall include the limited accessory sales of directly
related products. Any other business or use not permitted by the Zoning Ordinance will need additional Board
approval.
The approval is granted to the real estate.
No outside employees shall be permitted.
No signs shall be permitted which advertise the business. There shall be no signs displayed outside advertising
retail products. The applicant may display signage on one vehicle as allowed by the Zoning Ordinance.
Hours of operation shall be limited to 8:00 am to 6:00 pm Monday through Friday.
The residential architecture and appearance of the property shall be maintained. Any significant changes to the
exterior of the property shall residential in style and materials and shall require prior staff approval.
Approval shall be terminated and of no further effect in the event the use for dog grooming is discontinued for a
period of 24 months. Upon such termination, no reestablishment of the use in any form shall occur without
favorable action (including new findings of fact/law and conditions of approval) by the Board.
Notes:
35
36
37
Staff Report
Case Number: SU-2013-0138
Request:
Location:
September 19, 2013
A request for a special use to allow a parking area for Protechs Inc. in an R1 zoning district.
908 Elmer Avenue & 2811 Sherman Boulevard
Applicants: Greg Smith
Property Owners: Greg Smith
• §157.207 (C,12)
• Washington 34
Notified:
• Five Points
• South – CM4/Protechs Inc.
BZA History:
38
Comprehensive Plan:
The Economic Development Goal of the Comprehensive Plan is “A vibrant and diverse economy that balances existing
business growth and new business attraction in a manner that produces secure, well-paying jobs, provides infrastructure
improvements needed for economic development, and promotes downtown revitalization. Objective ED1 is to “Plan,
invest and develop competitive locations and sites for existing business expansion, new business attraction and
entrepreneurial development.
Staff Discussion:
The applicant is requesting a special use to construct a parking lot on two properties located across a public road from
the primary use. The Zoning Ordinance provides for a special use for parking areas (public and employee) as an
accessory use to a conforming or legal nonconforming use and located within 500 feet of the primary use or structure.
The primary use and structure for the proposed parking lot is located south of these lots at 2777 Sherman Boulevard.
This is the site of Protechs, a commercial cleaning and restoration business.
The requested property consists of two vacant residential lots at the northwest corner of Sherman Boulevard and Elmer
Avenue. The 2012 aerials show residential structures on both of these lots. The staff site visit showed that these have
been removed and that there are vehicles and trailers parked on grass and dirt on the properties currently. North, west,
and east are residential uses and to the south is Protechs in a commercial zoning district. There is some on-site parking
on the north, east, and south sides of the operation.
The application provided information includes:
• Hours of operation: Monday through Friday;
• Employees: 26 full-time and 2 part-time;
• No signage is anticipated;
• Parking lot lighting is anticipated but care will be taken in the development of the site plan to assure minimum
disturbance to the adjacent neighbors;
• Square footage: 1,100 square feet (100 by 110 feet);
• Completion: November 15, 2013;
• No waste receptacle is anticipated;
• Employees coming and going periodically and very few customers;
• Customers and clients rarely visit as the services provided by Protechs are typically accomplished at the
customer’s site
• While there will be company vehicles parked in the lot overnight, the vast majority of traffic will typically be
during typical work day hours i.e. 8 a.m. to 5 p.m.
A site plan for the properties and proposed parking lot improvements, surfacing, access, buffering, lighting, et al
was not submitted with the initial application, as is requested with applications. And was still not submitted
available at the time of writing this Staff Report. A comment “Anderson Surveying under the direction of Mike
Webb is developing the site plan” was part of the initial application. Staff notified the applicant’s representative, Mr.
Phil Stinson, about this deficiency and need for this submission with a request for the expected date of submission in an
e-mail on August 23rd. BZA staff contacted Mr. Stinson by phone, on August 29th to address his questions and again,
ask for missing information, including the site plan. Staff forwarded the August 23rd e-mail to Mr. Stinson and copied
Mike Webb that day. Mr. Stinson e-mail replied that Mike Webb would provide an ETA for the site plan to us. Staff
has not heard anymore from the applicant or representatives regarding submission of the site plan.
Therefore, staff is recommending that the Board defer any action on this application.
39
There are other Zoning Ordinance standards to meet, particularly in relation to setbacks, parking lot material, and
buffering. Staff would also desires that the Board of Zoning Appeals, along with staff, have adequate time to review the
site plan and consider conditions for positive action related to the parking lot development. The lack of this detailed site
plan also does not provide the public the opportunity to review and respond to this proposal.
There is also the need for follow-up with the applicant’s representative regarding answering the legal tests for a special
use. Staff will contact Mr. Stinson with this need prior to the Board’s public hearing.
The Board may wish to question the applicant about the legal tests for approval, providing the detailed site plan with
buffering, lighting, setbacks, surface material, number of parking spaces, and access specifically addressed, lighting
specifics in relation to hours of illumination and buffering the closest residences on the west and north. Staff is also
concerned with the use of the property prior to approval and without an appropriate paved surface and landscaping.
At this time, given the lack of detailed site plan and answers to legal tests for this proposal Staff recommends the
request be continued until such time that the Board is provided a proper site and lighting plan and complete application.
following conditions and added details and conditions as the site plan review may prompt:
•
•
•
•
•
•
•
•
•
•
•
•
Staff shall present a status report to the Zoning Hearing Officer (ZHO) in on year. The applicant shall be
present to answer any questions raised by the ZHO or Staff. At that time, the ZHO may set a new public
hearing to amend conditions as may be appropriate at that time or revoke approval if applicant is not in
operation or not in substantial conformance with approved conditions. A written commitment will likely be
required at that time.
Permits and approval from all applicable state, local and federal agencies, to specifically include the Fort
Wayne Right-Of-Way and Department of Planning Services, shall be required.
Approval is granted for off-site parking for employees and customers for the commercial use located at 2777
Sherman Boulevard only.
Signage is prohibited.
The approval for a parking area is limited to ___________________ (size, plan date etc. to be included).
Should the use of the property as a parking area to serve the commercial property at 2777 Sherman Boulevard
be discontinued for a period of 12 consecutive months, this approval will lapse.
Exterior lighting shall be limited to ___________________ (pole heights, type of shielded downward directed
lighting, hours of illumination).
The site shall be well maintained and kept free of junk, debris, and trash. A trash receptacle is not permitted.
The parking lot surface material shall be _______________. The construction and final material shall be
completed by April 30, 2014.
A Fort Wayne Ordinance Code 3 buffering shall be required along the north and west sides, Code one along the
south and east. The applicant shall submit a suitable landscape plan prior to further parking activity on this
property and prior to approval for the parking lot by DPS. The buffering shall be installed per the staff
approved plan by April 30, 2014 or before use of the parking lot, whichever occurs first. This buffering shall be
maintained and if any material is dead or dying, shall have material replacement within 3 months.
Any expansion of the parking lot, as shown on the site plan dated ________, shall require additional Board
review and approval.
The Board of Zoning Appeals hereby grants the Fort Wayne Zoning Enforcement Officer or her/his designated
staff authority upon written request to consider an extension of any Board approved condition, for a period not
to exceed six months.
40
Notes:
41
42
43
44
Staff Report
Request:
Location:
September 19, 2013
An appeal for a development standards variance to increase total wall sign size from the permitted
40 square feet to 574 square feet for five signs proposed for the south façade in a CM4 zoning
district.
311 E. Coliseum Boulevard
Applicant: Art Van Furniture, Inc.
Property Owner: Coldwater Development
Company, LLC
Notified:
• North – CM4/Commercial
• South – CM4/Commercial
• East – CM4/Commercial
• West – CM4/Commercial
• §157.316 (B,3,d,v)
• Washington 23
45
BZA History:
Case Number 88-2004. Development standards variance to increase a free-standing sign from 250 square feet to 520
square feet. Approved at 400 square feet with 50 foot height limit and written commitment that there be no freestanding signs on Coldwater Road.
Staff Discussion:
The applicant is requesting development standard variances to allow an increase in permitted walls signs. These types
of request require Board review for approval.
The applicant is requesting a 537.5 square foot white “Art Van Furniture” copy area mounted on a 1225 square foot red
wall. Some additional smaller signs are also shown on the elevation bringing the copy area total to 574 square feet. The
property is located Glenbrook Plaza on the north side of West Coliseum Boulevard across from Glenbrook Mall. The
business is an Art Van furniture store. The business is changing and new signs are needed to identify new furniture
store.
In the CM4 zoning district each building is permitted 250 square feet of wall signs per building side. In the case of
multiple tenant buildings 30% wall coverage per tenant up to 250 square feet is allowed. The applicant describes the
site as being too far from the street to be adequately served by a permitted sign. This situation was presented by the
prior tenant, Ashley Furniture, to the Board when consideration was given to a greatly enlarged free-standing sign. This
sign was approved and is still in place and should be available for the applicant’s use. Other tenants in the center have
not requested increases in wall signs. Sign size requests in this zoning district have been rare other than for menu
boards.
As the applicant is not requesting that any of the signage be electronic message boards, staff would like to suggest if
approved that only static image signs be permitted.
Staff recommends denial at this time.
2.
3.
4.
5.
6.
dimensions of the signage to demonstrate and confirm compliance with the specific sizes of signage
approved by the Board.
This approval allows for the installation of wall signs of up to _________ square feet total on the south
side of the building.
The wall signs may not include any electronically changeable copy components.
46
Notes:
47
48
49
50
51

A G E N D A CITY OF FORT WAYNE BOARD OF ZONING APPEALS

Transcription

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