FW 16 JAN 2014 BZA NOTEBOOK

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 January 16, 2014 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:
DSV-2013-0172
Commercial Signs Inc. for the Broadbent Company
4614 Coldwater Road
Appeals of development standards to reduce spacing requirements and increase the size from
100 square feet to 157 square feet for an off-premise sign in a CM2 zoning district. (Continued
from November 2013)
2. Case No.:
Applicant:
Location:
Appeal:
SU-2013-0186
JD Byrider – Zeigler Auto Group
310 East Washington Center Road
A request for a special use to allow a used car sales business in a CM2 zoning district.
(Continued from December 2013)
NEW BUSINESS
1. Case No.:
Applicant:
Location:
Appeal:
SU-2013-0198
Stanley Karnik
2606 Goshen Road
A request to amend special use SU-2011-0113 granted to 2532 Goshen Road permitting a junk
and salvage operation (auto salvage) to expand operations to this property in an IN1 zoning
district (requested zoning IN3).
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City of Fort Wayne Board of Zoning Appeals
Staff Report
Case Number: DSV-2013-0172
Request:
Location:
January 16, 2014
Appeals of development standards to reduce spacing requirements and increase the size from 100
square feet to 157 square feet for an off-premise sign in a CM2 zoning district.
(Continued from November 2013)
4614 Coldwater Road
Applicant: Commercial Signs Inc.
Property Owner: The Broadbent Company
Legal Description: Metes and bounds – see file
Size of Property: 0.78 acre
Applicable Ordinance Section:
• §157.316 (B,3,a,iii)
Township and Section:
• Washington 24
Notified:
• 4 Property Owners Notified
• No neighborhood association
Adjacent Zoning & Land Uses:
• North – CM2/Retail Commercial
• South – CM4/Retail Commercial
• East – CM2/Retail Commercial
• West – CM4/Retail Commercial
BZA History:
None prior to this request.
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Staff Discussion:
The applicant is requesting a development standard variance to reduce off-premise sign spacing in order to install a new
sign. This type of request requires Board review for approval.
The property is located at the northeast corner of Coldwater Road and Noble Drive. The applicant is proposing to
install a freestanding sign at the southwest corner of this property. The property is an outlot of the Joann Plaza shopping
center and has no free-standing signs at this point. The purpose of the proposed sign is to provide some identification
and street presence to the retail spaces on the north side of the Coliseum Shoppes shopping center. This center is
located just to the southeast of the site. While the center has good visibility from Coliseum Boulevard, the retail spaces
on the north side have very limited visibility and can only be accessed from Noble Drive.
A conceptual plan for the sign was submitted with the
application. As presented the sign is proposed to be
290 square feet and 35 feet in height. Two primary
panels are shown – “Coliseum Shoppes” and “Joann
Plaza”. Twelve tenant panels are also shown. The sign
is not proposed to include any changeable copy
features, either manual or electronic. The applicant
shows proper on the site with a 20 foot front setback, 15
required, and a side setback at the required 5 feet. The
submitted illustration shows an overall height at the
maximum 35 feet. However the overall size at 290
square feet is significantly more than the maximum 100
square feet permitted for free-standing signs, whether
on or off-premise, in CM2 zoning districts. Staff may
have provided an incorrect size limit as the property
borders CM4 zoned properties which would allow up to
300 square feet with appropriate setbacks.
The setback reduction being requested is from the
nearest existing off-premise sign which is a billboard
located across Coldwater Road to the west. Using the
lineal measurement method that sign is approximately
235 feet from the requested sign site. The minimum
required lineal separation is 300 feet. The radial
measurement (actual distance between sign bases) is
approximately 340 feet.
Staff understands that visibility from a major road such as Coldwater Road is important for retail businesses and as this
is an intensely developed area has no objection to some off-premise identification of the Coliseum Shoppes at Noble
Drive. However Staff does not see a particular need for a second large sign to identify Joann Plaza as one presently
exists approximately 320 feet to the north and Joann Plaza has a very strong visual presence along this section of
Coldwater Road. The Board has in fact granted two wall sign size increases for Joann Plaza and the existing sign is
well above the current limit.
Staff Recommendation:
Staff recommends approval of this application with conditions of approval at the permitted 100 square feet.
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 development variance approvals:
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The Property Owner/Applicant 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
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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.
Permits and approval from all applicable state, local and federal agencies shall be required, to specifically
include an Improvement Location Permit (ILP).
This approval allows for the placement of one free-standing sign of no more than 100 150 square feet to be
installed no closer than 15 feet to the front property line and 5 feet to south side property line.
The sign is not to include any electronic or manual changeable copy features.
January 2014 Staff Update:
In response to staff concerns outlined in the staff report, the applicant requested and was granted a two-month
continuance. The applicant has provided a revised rendering showing a significant reduction in size. The new
rendering also deletes the proposed “Joann Plaza” secondary panel. The applicant has also requested a development
standards variance in order that the allowable size be increase from 100 square feet to 147 square feet. This is a
reduction from the 235 square feet shown on the original rendering.
Staff continues to recommend approval with a revision to the overall size as presently requested.
Notes:
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(Original Submission)
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(Revised Submission)
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City of Fort Wayne Board of Zoning Appeals
Staff Report
Case Number: SU-2013-0186
Request:
Location:
January 16, 2014
A request for a special use to allow a used car sales business in a CM2 zoning district. (Continued
from December 2013)
310 East Washington Center Road
Applicant: Zeigler Auto Group (JD Byrider)
Township and Section:
• Washington 23
Property Owner: Sewards Folly, LLC
Legal Description: See File
Notified:
• 8 Property Owners Notified
• No Active Associations
Size of Property: 4 acres
Applicable Ordinance Section:
• §157.217 (C,2)
Adjacent Zoning & Land Uses:
• North – CM2/Restaurants
• South – SC4/Shopping Center
• East – CM2/Vacant and C Store
• West – SC4/Restaurant
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BZA History:
Case Number 78-1981-Z. A request for a waiver of parking area screening requirements of the Z-10 parking ordinance
and a front yard setback reduction (likely for a sign) from 15 feet to 2 feet. Granted.
Comprehensive Plan:
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 which is 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, 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.”
Objective CI4 of the Plan-it Allen Comprehensive Plan (within the Community Identity and Appearance section) is to
“Enhance community appearance and design quality.” Objective CI4.A states “Encourage context-sensitive design tools
to enhance local character and ensure that new development, redevelopment and roadway improvements are integrated
with the community and complementary to existing structures and the environment.”
Staff Discussion:
The applicant, Zeigler Auto Group, is requesting a special use for a JD Byrider used car lot located at 310 East
Washington Center Road. The property is zoned CM2-Limited Retail and Commercial and a used car lot is only available
by obtaining a special use through the Board in this zoning classification.
The applicant is requesting the use for the west half of the property. The property is the former site of a Chi Chi’s
Mexican Restaurant. The restaurant building has been removed, though much of the parking lot remains. No plans have
been submitted for the eastern portion of the property. The used car lot would include the construction of a new 8500
square foot building. There would be parking and display in front of the building and employee parking and storage
behind the building. Development would include the wooded area at the south of the property. The plans show a
relocated entrance in the center of the property to be shared by the eastern portion. There is presently a right-in only
entrance on East Washington Center Road which would be removed. The property also has internal access to some of the
surrounding properties. It is unclear whether the proposed entrance would be approved. Signs and lighting would meet
CM2 requirements.
The proposed hours of operation are Monday through Friday from 7:00 a.m. to 8:00 p.m., and Saturday from 9 a.m. to
4:00 p.m. To be a permitted use without BZA approval, the property would need to be rezoned to CM3 – General
Commercial.
The public convenience and welfare will not be served through the renewed use of the property for a used car sales
business. Approval of a special use will be unduly detrimental to the surrounding area as the surrounding properties are
used and developed as limited retail and commercial uses with no automobile business in the surrounding
neighborhood. The character of the use will not be compatible with the nearby commercial uses as there are no similar
developments nearby. Vehicular traffic to and from the property will create undue hazards to normal traffic given the
poor access into and out of the property. The proposed use does conflict with the Comprehensive Plan since approval
would not be appropriate infill development for the area.
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Staff is recommending denial of the request. While staff supports efforts to redevelop this property this area has not
been used for car sales in the past and this use would appear out of character to the possible detriment of the
surrounding developed properties. Staff also notes that there have been previous JD Byrider sales lots in the city and
they were not successful with the lots remaining vacant for several years before being reused.
Staff Recommendation:
Staff recommends denial of the request.
Suggested Conditions of Approval:
Should the Board find that the proposal meets the legal tests for approval; staff would preliminarily recommend the
following conditions:
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The Property Owner shall execute and record a written commitment concerning the use and development of the
real estate prior to issuance of an Improvement Location Permit and prior to DPS signing a Bureau of Motor
Vehicles dealer application. 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 prior to issuance of an Improvement Location Permit and
prior to DPS signing a Bureau of Motor Vehicles dealer application.
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Staff shall present a status report to the Hearing Officer in one year. The applicant/property owner shall be
present to answer any questions raised by the Hearing Officer or Staff. At that time, the Hearing Officer may
set a new public hearing to amend conditions as may be appropriate at that time or to revoke approval if the
applicant/property owner is not in operation or not in substantial conformance with approved conditions.
Permits and approval from all applicable federal, state, and local agencies shall be required
No vehicles shall be stored or displayed within 5 feet of property lines or on any unpaved surface.
Approval is granted to the applicant only.
Approval is limited to a used car sales business. All make-ready and dealer prep services shall be conducted
within or behind the building.
This approval does not include motorcycles, trailers, recreational vehicles, and equipment.
The site shall be kept free of any and all refuse, debris, and junk at all times
The hours of operation shall be limited to Monday through Friday from 7:00 a.m. to 8:00 p.m., and Saturday
from 9 a.m. to 4:00 p.m.
Waste material shall be disposed of in a manner conforming to local, state and federal regulations.
Exterior lighting shall not extend into the public right-of-ways or across property lines.
Wrecked, inoperable, and junk vehicles, used parts, and tires may not be stored on the property.
The applicant shall obtain sign permits for all new signs. All signage must comply with the Sign Ordinance.
No banners, pennants, streamers, temporary signs or portable signs may be placed on the property unless
otherwise permitted by the Zoning Ordinance.
Approval shall be terminated and of no further affect in the event the use of the property for scooter sales is not
established within 12 months or 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 Board/ZHO or any successor agency.
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.
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January 2014 Staff Update:
The applicant requested and was granted a one month continuance. The applicants felt it important that representatives
from the Ziegler Auto Group be present at the meeting. The applicant has submitted plans through the site plan routing
review process.
Notes:
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City of Fort Wayne Board of Zoning Appeals
Staff Report
Case Number: SU-2013-0198
Request:
Location:
January 16, 2014
A request to amend special use SU-2011-0113 granted to 2532 Goshen Road permitting a junk and
salvage operation (auto salvage) to expand operations to this property in an IN1 zoning district.
(requested zoning IN3).
2606 Goshen Road
Applicant: Stanley D. Karnik
Property Owner: Stanley D. Karnik
Legal Description: See File
Size of Property: approximately 2.99 acres
Applicable Ordinance Section(s):
• §157.232 (C, 3)
Township & Section
• Washington 28
Neighborhood Association(s) notified:
• 7 Property Owners Notified
• Bass-Leesburg Civic
Adjacent Zoning & Land Uses:
• North – IN1/Industrial and Commercial
• South – IN3/Legal Chop Shop (Board approved
auto salvage use) Operation
• East – IN1/Industrial and Commercial
• West – IN1/Industrial and Commercial
B.Z.A. History:
None prior to this request.
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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.” As the continuation and
expansion of operation of the existing business, this request may be consistent with the economic
development goals and objectives of the Comprehensive Plan.
Staff Discussion:
The applicant, Stanley Karnik (dba Legal Chop Shop), is requesting a special use approval at 2606 Goshen
Road, to allow for the expansion of operation of a currently Board approved junk and salvage yard (auto
salvage) north of this property at 2532 Goshen Road.
The Board approved special use 2011-0113 in September 2011 for this applicant to operate an auto salvage
business. This request is an expansion of this primary approval and staff will provide this new, north property
expansion proposal information and include the current conditions of approval for the south side operation.
The recommended conditions of approval include conditions for both the current operation and any new north
expansion suggested conditions so there is one Special Use approval for the comprehensive operation, should
the Board approve this expansion.
Initially, the property with address of 2606 Goshen Road was a separately deeded property. In preparation for
this staff report and in communication with the applicant, staff has verified that the two properties are now
combined (2606 with 2532 Goshen Road).
As the business involves the removal of parts from salvage vehicles it is classified and a junk and salvage
business thereby requiring special use approval. The Zoning Ordinance provides for special use consideration
by the Board for junk and salvage yards in the IN3 zoning district, provided that the following conditions are
met:
(1) No portion of the property used as a junk and/or salvage yard shall be any closer than 300 feet
from any city or county residential zoning district;
(2) All outdoor storage shall be located entirely within an enclosed seven-foot high opaque visual
barrier, except for driveway openings onto public streets or alleys. At such openings, the screen
shall extend perpendicular to the perimeter screen a distance equal to the gap in the perimeter
screen on each side of the opening;
(3) The opaque visual barrier shall be constructed along the front, side, and rear lot lines and shall be
constructed in such a manner that no outdoor storage shall be visible from an adjacent property.
Any storage between the visual barrier and any property line is prohibited;
(4) A minimum lot area of five (5) acres shall be required for any junk and salvage yard. The
minimum dimension across the lot in any direction between two parallel or substantially parallel
lot lines shall be no less than 300 feet;
(5) No junk and salvage yard shall be located in any designated floodplain and/or wetland areas; and
(6) The junk and salvage yard shall comply with all applicable fire and building codes.
In September 2011, the Board granted development standards variance approval for: alteration of the seven
foot opaque fencing requirement to six feet chain-link fencing; reduction of the requirement that a junk and
salvage yard be located a minimum of 300 feet from any residential zoning district to zero feet; reduction of
the minimum (5) acres lot area requirement to approximately 2.81 acres.
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The north identified 2606 Goshen Road portion of the property is currently zoned IN1 (limited industrial).
The applicant has requested to rezone this part of the property to IN3 (heavy industrial). That petition is
currently pending with the Fort Wayne Plan Commission. The applicant also offers a full service auto repair
service business, new auto parts sales, a small area for self-storage as well as U-Haul rental. These uses are
all permitted by the Zoning Ordinance. The “Legal Chop Shop” business involves the dismantling of salvage
vehicles into salable parts. The applicant is aware of Indiana Department of Environmental Management and
Bureau of Motor Vehicles regulations regarding these uses.
The property is located east of Goshen Road with ample street frontage and visibility. An elevated railroad
right of way with residential zoning runs along the northeastern border. The applicant’s property is
surrounded to the north, south, east, and west by other industrial and commercial businesses. The property
includes an industrial type building, fenced storage lot, and paved parking all being reasonably well kept and
organized. Other than some excess signs, the property appears to be in conformance with the conditions of
the pervious approval and the provisions of the Zoning Ordinance.
The currently vacant proposed north expansion is for construction of a 12,000 square foot building. Per the
application information, the new warehouse will be used to store automobile parts and storage pods (UBoxes). These are used by U-Haul customers for personal storage. This is a permitted use; the expansion of
the auto salvage operation and associated storage is the reason for this amended special use application to the
Board.
The application information indicates that the only proposed expansion to the current conditions of approval
is:
• 12,000 square foot warehouse building;
• Exterior lighting for two building mounted, downward directed cut lights.
No additional exterior storage, signage, access, hours of operation, staffing, etc. is proposed with this
expansion. The applicant has applied for an Improvement Location Permit through the site plan routing
review process. That permit is on hold pending the Board’s determination.
Staff Recommendation:
Staff is recommending approval of this application with the typical conditions of approval for this use.
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 special use approvals:
•
The Property Owner/Applicant 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 Enforcement Officer within 30 days of
the decision and prior to issuance of the necessary Improvement Location Permits.
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Approval shall run continuously, unless notified by the Zoning Administrator of noncompliance status and revoked by the Board after a public hearing.
To restrict accountability and responsibility for the operation and to make future operations
compatible with the surrounding property, this special exception shall run with the applicant
and not the real estate.
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Approval shall be terminated and of no further effect in the event the proposed 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 the Board/ZHO or any successor agency.
Approval is granted solely to the applicant.
Approval is limited to the storage, processing, and dismantling of passenger vehicles and the
retail and wholesale selling of used vehicle parts.
All storage and display areas proposed as part of this project shall remain adequately
screened. Permits for any new or replacement fencing are required.
There shall be no parking, display, or storage of vehicles that are to be salvaged outside the
fenced areas.
Areas outside the fence shall be kept free of junk and debris and any vegetation shall be kept
trimmed.
The property and operations shall be in compliance with local, state, and federal regulations.
The operation shall have the appropriate State of Indiana licenses.
Expansion beyond the properties, buildings, parking areas, and storage areas, as shown on the
applicant site plan for Special Use 2011-0113 and the 12,000 square foot warehouse
building shown on the site plan for Special Use 2013-0198, will require Board approval.
Should the use of the property as a used auto parts business be discontinued for a period of 24
consecutive months, this approval will lapse.
The Board of Zoning Appeals hereby grants the 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.
Notes:
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