meeting agenda - johnson county, indiana

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JOHNSON COUNTY Department of Planning and Zoning Phone: (317) 346-4350 86 West Court Street Fax: (317) 736-4722 Courthouse Annex www.co.johnson.in.us Franklin, Indiana 46131

MEETING AGENDA

Johnson County Board of Zoning Appeals November 26, 2019, 7:00 PM

Auditorium, West Annex Building 86 West Court Street, Franklin, IN

CALL TO ORDER ROLL CALL APPROVAL of MINUTES

Approval of minutes from the October 22, 2019 meeting. PUBLIC HEARINGS

-CONTINUED PETITIONS

-NEW PETITIONS

V-28-19. Amy Stubbs, Eric Stubbs, and Luke Stubbs. 437 S 700 W………………….… Page 3

Variance of Use of the Johnson County Zoning Ordinance to legally establish an existing asphalt contractor’s office and yard (not permitted on agriculturally-zoned property).

Variance of Development Standards to waive parking requirements for commercial uses. V-29-19. Ron Finney. 5553 W. Fairview Road………………………………………………….……… 2

Variance of Development Standards to legally establish two existing accessory structures totaling 1,704 square feet in building area, which will exceed the size limitation of 992 square feet for all accessory structures at this property.

SP-4-19. Michael Sturghiss. 3480 South US 31………………………………………………….……… Page 19

Special Exception of the Johnson County Zoning Ordinance to allow for single-family

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dwelling use of an existing structure in the B-1 (Neighborhood Business) District. V-30-19. White River Township Fire District. 366 N Morgantown Road…..… 6

Variance of Development Standards of the Johnson County Zoning Ordinance to allow for placement of four wall signs with a total sign area of 68 square feet (one wall sign is permitted, with the total wall sign area not to exceed 50 square feet) and to allow all four wall signs to be internally lit (signs in a residential districts may be illuminated by external illumination only). V-31-19. Mike and Shelly Oswalt. 4104 Golden Grove Road…………….……..………… Page 36

Variance of Development Standards of the Johnson County Zoning Ordinance to allow for the construction of an accessory structure: a) with an area of 2,318 square feet (maximum 2,007-square-foot area allowed), b) containing a secondary dwelling unit (only one dwelling per lot allowed) and, c) with a 32-foot height (maximum 25-foot height allowed). A-2-19. Mike Vawter. 2937 W 100 S. …………………………………..…………..……………………….. Page 49

Appeal of the Administrator’s Decision to grant a one-year time extension for Building Permit #22900, which involves the ongoing construction of a single-family dwelling on a lot owned by Jason Haun at 2937 W 100 S, the southeast corner of State Road 135 and County Road 100 S.

OLD BUSINESS None. NEW BUSINESS

Approval of 2020 Board of Zoning Appeals Calendar. ……………………………………..….…………………. Page 59 REPORTS AND RECOMMENDATIONS

Review of other jurisdictions’ rules for accessory dwellings. ADJOURNMENT

The next regular meeting of the Johnson County Board of Zoning Appeals is scheduled for Tuesday, December 17, 2019 at 7:00 PM.

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Staff Report

CASE NUMBER: V-28-19 ADDRESS: 437 South 700 West, Morgantown Section 20, Township 12, Range 3 PETITIONER: Amy Stubbs, Eric Stubbs, and Luke Stubbs

REQUEST

VARIANCE OF USE of the Johnson County Zoning Ordinance to legally establish an existing asphalt contractor’s office and yard (not permitted on agricultural-zoned property). VARIANCE OF DEVELOPMENT STANDARDS to waive parking requirements for commercial uses. STAFF RECOMMENDATION

Staff recommends approval subject to substantial compliance with the submitted Plan of Operation and site plan, and the following condition:

The described contractor use shall not expand beyond the footprint shown in the submitted site

plan, and the aerial photogrpahs in this staff report.

PROPERTY DESCRIPTION This 93+/- acre site is zoned A-1 (Agricultural) and is improved with a single-family dwelling and a pole barn. The site is surrounded by large-acre parcels, also zoned A-1, and used for agriculture. The contractor’s office and yard operate on less than one acre of land of the 93+/- acre parent tract. VARIANCE REQUEST

This request, if approved, would legally establish an existing contactor business that specializes in providing asphalt for customers off-site. The business operates from an existing 3,200 square-foot pole barn and gravel storage area. One of the proprietors lives in the associated single-family dwelling. The pole barn and gravel lot are being used for contractor storage and equipment maintenance, as well as employee parking. According to the submitted Plan of Operation the business has been in operation for over 10 years. The property and pole barn are used for agricultural purposes as well. The operation of the business would be guided by and limited to the submitted Plan of Operation, included in this report. The Plan of Operation indicates that the business would employ the owner and ten additional employees. Employees would start the workday at this location and park their personal vehicles on the paved parking spaces. The employees will then use commercial vehicles and equipment to go to offsite locations. General operating hours are Monday through Friday with an occasional Saturday. The business is a seasonal business with full operation from May to November. The property experiences no customer traffic.

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The property has been used in this nature for about ten years. The staff has no record of any complaints or concerns from the neighboring properties and was made aware of this commercial operation by a local resident that drives by the site occasionally. The complainant expressed concern about the general environmental aspects of the area. The operation of this property is limited to storage and parking and not manufacturing, cleaning, and/or storage of hazardous materials. The number of vehicles stored on this parcel can be similar to a large farming operation.

The contractor has the following equipment and vehicles: a paver, 2 rollers, 3 trailers, 3 dump

trucks, 5 work trucks, Bobcat, mini excavator and skid steer.

The land use recommendation of the Johnson County Comprehensive Plan is for Agricultural use. Staff, however, regards the request as appropriate given the user’s long-standing, apparently benign presence, and its modest scale. THE VARIANCE OF DEVELOPMENT STANDARDS – PARKING AND LANDSCAPING

The use of a contractor’s yard and the office is subject to commercial development standards for parking, maneuvering area, and drive aisles. This request seeks to legally establish the existing gravel area for storage and parking. The zoning ordinance requires all commercial parking and maneuvering areas to be paved and curbed and to have parking stalls marked in paint. The gravel parking lot is also used in conjunction with agricultural practices of this property. Gravel is often used on agriculture land for farm equipment. Staff recommends approval of the request to waive the parking lot requirements. FINDINGS OF FACT: VARIANCE OF USE

1. The approval will not be injurious to the public health, safety, morals, and general

welfare of the community.

The approval of the use will not be injurious to the community while operating within the existing building and parking area. The storage of vehicles is not an increase in intensity considering what is typically stored at an agricultural operation.

2. The use and value of the area adjacent to the property included in the variance will not

be affected in a substantially adverse manner.

The approval would provide for limited contractor use within an agricultural area, with some storage of equipment, and will have no adverse impacts on adjacent properties.

3. The need for the variance does arise from some condition peculiar to the property

involved.

The property is presently developed for and is most suited for residential and/or agricultural use. The proposed use will use the existing buildings and will not change the appearance of the property.

4. The strict application of the terms of the Zoning Ordinance will constitute an

unnecessary hardship if applied to the property for which variance is sought.

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The property is presently developed for and is most suited for, residential and/or agricultural use. The applicant will use the house as his residence and this allow connection to his business.

5. The approval does not interfere substantially with the Comprehensive Plan.

The request would be generally inconsistent with the land use recommendations of the Johnson County Comprehensive Plan, which recommends agricultural use and development of the site. However, the proposed use is similar to a home occupation where no physical modifications to the primary use of the land which is residential. The inconsistency with the Comprehensive Plan would not interfere with the Plan in any substantial fashion.

FINDINGS OF FACT: VARIANCE OF DEVELOPMENT STANDARDS, COMMERCIAL PARKING



The proposed gravel parking and maneuvering area, lacking curbs and hard surface would not create adverse impact as it is sufficiently removed from the road and adjoining properties. The property is also already naturally buffered.



The proposed gravel parking and maneuvering area, lacking curbs and hard surface would not create adverse impact as it is sufficiently removed from the road and adjoining properties. The property is also already naturally buffered.

3. The strict application of the terms of the Zoning Ordinance will result in practical

difficulties in the use of the property.

The site would not be well served by the introduction of a curbed paved parking area, which would needlessly add to the site's impervious area and would be aesthetically out-of-place in this rural residential environment.

GENERAL INFORMATION

Applicant: Amy Stubbs, Eric Stubbs, and Luke Stubbs 437 South 700 West Morgantown IN 46160 Owner: Same Zoning: A-1 (Agricultural) Land Use: Single-family Residential, Commercial Contractor, agricultural Future Land Use: Agricultural -MNH

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V-28-19 BASE MAP

subject site

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V-28-19 AERIAL PHOTO I

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V-28-19 AERIAL PHOTO II

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V-28-19 SITE PLAN

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V-28-19 PLAN OF OPERATION

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V-28-19 PETITIONER’S FINDINGS OF FACT

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Staff Report

CASE NUMBER: V-29-19 ADDRESS: 5553 W. Fairview Road, Greenwood Section 32, Township 14, Range 3 PETITIONER: Ron Finney

REQUEST

VARIANCE OF DEVELOPMENT STANDARDS to legally establish two existing accessory structures totaling 1,704 square feet in building area, which will exceed the size limitation of 992 square feet for all accessory structures at this property. STAFF RECOMMENDATION:

Staff recommends approval of this variance. PROPERTY DESCRIPTION

This two-acre site is zoned R-1 (Single Family Residential) and is improved with a single-family dwelling and three accessory structures. The site is surrounded to the west and north by large parcels used for agricultural purposes. To the east is a single-family dwelling and commercial properties. To the south is a large tract of land used for a landscaping company.

VARIANCE REQUEST

This request, if approved, would legally establish two existing accessory structures totaling 1,704 square feet in building area, where the size limitation of accessory structure on this property is 992 square feet. The third accessory structure that has been on the property since 1964 is about 900 square feet. The Zoning Ordinance allows on a lot zoned R-1 for an aggregate accessory building area of no more than 50% of the square footage of the footprint of the principal building. This restriction is intended to discourage commercial conversion and to maintain the residential aesthetic within residential districts. The single-family home on the property has a footprint of 1,984 square feet. The petitioner states that the accessory structures are used for residential storage. The two carports were installed without building permits. The petitioner states he was advised a permit was not needed for carports without a foundation when he placed them on the property. Staff often supports variance requests for oversized residential accessory structures where the following conditions are met:

1. The subject lot is located in a rural or agricultural area, or in an area generally

characterized by large lots and open, expansive spaces.

2. The subject lot is located in an area where oversized accessory structures are common.

3. The oversized accessory structure would be obscured from view from surrounding

properties and rights-of-way.

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The proposed oversized accessory structure generally meets all of the provisions above, as the surrounding area is rural with open, expansive space. The property to the west is zoned A-1, agricultural, where these two structures would be permitted without a variance. There are several parcels with large accessory structures within close proximity to the petitioner’s lot. These structures are over 250 feet away from the public right-of-way. They do not obscure the view from the right-of-way. Additionally, this parcel is close to State Road 37, and mixed industrial development is recommended for this area by the Johnson County Comprehensive Plan. The 50% accessory area allowance is intended to discourage commercial conversion and maintain a residential aesthetic, but that intent is less applicable in this area. FINDINGS OF FACT: VARIANCE OF DEVELOPMENT STANDARDS - ACCESSORY BUILDING AREA



Required building and improvement permits must be issued prior to the development of the subject structure.



The approval would provide for site development generally consistent with the surrounding neighbors. There are several oversized accessory structures in the area.



The proposed accessory structure addition would be consistent with ideal enclosed storage for vehicles on a residential parcel The proposed accessory structure would be in keeping with the development pattern for the area, and would allow for the enclosed keeping of a large recreational vehicle, which would generally be considered a more desirable scenario than the outdoor storage of such a vehicle.

GENERAL INFORMATION

Applicant: Ron Finney 926 Friar Patch Lane Greenwood IN 46142

Owner: Same Zoning: R-1 (Single Family Residential) Land Use: Single-family Residential Future Land Use: Industrial Mixed Use -MNH

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V-29-19 BASE MAP

SUBJECT SITE

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V-29-19 AERIAL I

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V-29-19 AERIAL II

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V-29-19 SITE PLAN

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V-29-19 PETITIONER FINDINGS OF FACT

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Staff Report

CASE NUMBER: SP-4-19 ADDRESS: 3480 South US 31 Section 5, Township 11, Range 5 PETITIONER: Michael Sturghiss

REQUEST

SPECIAL EXCEPTION of the Johnson County Zoning Ordinance to allow for single-family dwelling use of an existing structure in the B-1 (Neighborhood Business) District. STAFF RECOMMENDATION

Staff recommends approval of this request subject to building permits that are applied and issued for remodeling and construction of accessory structures. PROPERTY DESCRIPTION

This three-acre site is zoned B-1 (Neighborhood Business), is located at the corner of US 31 and County Road 350 South, and is improved with one structure. The structure was once a commercial retail business with an accessory apartment. The Amity Open Ditch (legal drain) runs east-west through the center of the property, and most of the property (all except for the area on which the structure is built) is located within the Special Flood Hazard Area. This parcel is surrounded to the north and west by a large agricultural field. To the south is small scale commercial development. To the east, across US 31, are a cluster of single-family dwellings and institutional uses. SPECIAL EXCEPTION REQUEST

This Special Exception request, if approved, would allow for use of the existing structure for a single-family dwelling. In the B-1 zoning district, “single-family residential” use is allowed only by grant of Special Exception. The petitioner has submitted a site plan indicating the existing structure will be used as a single-family dwelling and includes future plans for a carport and storage building. The existing structure does not have an attached garage. Due to the physical constraints of the property, the best re-use of this property and structure would be a single-family dwelling. Though the site is zoned for commercial use, it is highly unlikely that the site could be developed commercially, particularly with the required parking area and drive aisles. Staff, therefore, regards the special exception request as appropriate and reasonable. GENERAL INFORMATION

Applicant: Michael Sturghiss 214 E. Thompson Road

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Indianapolis IN 46227 Owner: Same Land Use: vacant Current Zoning: B-1 Future Land Use: Agricultural -MNH

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SP-4-19 BASE MAP

Subject Location

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SP-4-19 AERIAL MAP

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SP-4-19 AERIAL MAP II

(blue area = Special Flood Hazard Area)

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SP-4-19 Site Plan

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SP-4-19 Petitioner's Special Exception Findings of Fact

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Staff Report

CASE NUMBER: V-30-19 ADDRESS: 366 North Morgantown Road Section 33, Township 14, Range 3 PETITIONER: White River Township Fire District

REQUEST

VARIANCE OF DEVELOPMENT STANDARDS of the Johnson County Zoning Ordinance to allow for placement of four wall signs with a total sign area of 68 square feet (one wall sign is permitted, with the total wall sign area not to exceed 50 square feet) and to allow all four wall signs to be internally lit (signs in residential districts may be illuminated by external illumination only). STAFF RECOMMENDATION:

Staff recommends approval of these variance requests. PROPERTY DESCRIPTION

This approximately 2.3-acre site is zoned R-2 (Single-family Residential) and is home to the nearly completed White River Township Fire Department Fire Station 53. It also will be the White River Township Fire Headquarters. The development abuts Pleasant Grove Elementary School. To the north and east are single-family residential subdivisions.

VARIANCE REQUEST

This request, if approved, would provide for the placement of four individual wall signs with a total sign area of 68 square feet. The Johnson County sign regulations allow an institution in a residential district to have one wall sign not to exceed 50 square feet. Two of the wall signs, the identification of the Fire Station Number and the name of the building, will be placed on the east elevation that abuts Morgantown Road. Both of these signs together will have a total sign area of 53 square feet. One 12-square-foot wall sign will be on the south elevation and will identify the Fire station as headquarters. The fourth sign, with an area of 2.5 square feet, is located on the west elevation above a pedestrian access door. All four signs are designed as individual channel letters. Here, the size of the proposed signs’ overall sign area would be appropriate, though nominally greater than the maximum sign area allowed by the Sign Regulations, because of the relative scale of the property they would identify. The second variance, if approved, would provide for all proposed wall signs to be internally lit. The sign regulations allow wall signs in a residential district to be illuminated by an external light source only. The four wall signs will be illuminated by an internal LED lights. Due to the small size of each sign, the internal illumination will not be more intrusive than an external light.

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Staff, therefore, recommends approval of these variance requests, subject to the submitted site plan and sign elevations. FINDINGS OF FACT: VARIANCE OF DEVELOPMENT STANDARDS

1. The approval will not be injurious to the public health, safety, morals, and general welfare of the community.

Required sign permits must be issued prior to the development of the subject structure.

2. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner.

The proposed signs are an appropriate size for the scale of the property it would identify and would be unlikely to create adverse impacts.



The size of the building will need a variance to allow for readability and ready site identification.

GENERAL INFORMATION

Applicant: Jeremy Pell 850 S. Mullinix Road Greenwood IN 46143

Owner: White River Township Fire District Zoning: R-2 (Single-family Residential) Land Use: Fire Station Future Land Use: Single-family Residential -MNH

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V-30-19 BASE MAP

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V-30-19 AERIAL MAP

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V-30-19 SIGN DIAGRAM

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V-30-19 SIGN LOCATION SITE PLAN

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V-30-19 ELEVATIONS (EAST)

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V-30-19 ELEVATIONS (SOUTH)

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V-30-19 ELEVATIONS (WEST)

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V-30-19 PETITIONER’S FINDINGS OF FACT

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Staff Report

CASE NUMBER: V-31-19 ADDRESS: 4104 Golden Grove Road, Greenwood Section 15, Township 13, Range 3 PETITIONER: Mike and Shelly Oswalt, by Ryan Wampler

REQUEST

VARIANCE OF DEVELOPMENT STANDARDS of the Johnson County Zoning Ordinance to allow for the construction of an accessory structure:

a) with an area of 2,318 square feet (maximum 2,007-square-foot area allowed), b) containing a secondary dwelling unit (only one dwelling per lot allowed), and c) with a 32-foot height (maximum 25-foot height allowed).

STAFF RECOMMENDATION:

Staff recommends denial of variance component a).

Staff recommends approval of variance components b) and c), subject to the following conditions:

1. The secondary dwelling unit may be used as a dwelling only so long as a caregiving relationship involving a blood relative remains in place between the owner and occupant of the primary dwelling and the occupant of the secondary dwelling.

2. The secondary dwelling unit shall not be rented or leased for any short-term or long-term occupancy or use.

3. The subject 1.67-acre property shall not be subdivided. 4. The subject property deed shall be re-recorded to include the following language,

prior to development or use of any secondary dwelling structure or unit on the property:

Use of the secondary dwelling unit permitted by Variance # V-31-19 shall be limited to a blood relative in need of proximate care and shall occur only under the ownership of Mike and Shelly Oswalt. Upon any transfer of the property, Variance # V-31-19 shall be voided, and the secondary dwelling unit shall no longer be used as a dwelling. Specifically, prior to transfer of ownership, the refrigerator, oven, stove, and kitchen sink shall be removed from the kitchen, and all associated plumbing capped; and/or the bathtub, shower, toilet, and bathroom sink shall be removed from the bathroom, and all associated plumbing capped.

PROPERTY DESCRIPTION

This 1.674-acre site is zoned R-2 (Single Family Residential) and is improved with a single-family dwelling and several accessory buildings. The site is surrounded by suburban residential development, all zoned R-2.

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VARIANCE REQUESTS

These three variances, if approved, will allow construction of an accessory detached garage that will be 2,318 square feet in size with a height of 32 feet. It is proposed that 709 square feet of the building will contain a dwelling unit. VARIANCE REQUEST – ACCESSORY BUILDING AREA

This request, if approved, would allow on the lot for a total accessory building area of 3,439 square feet, which would be 85% of the building area of the primary dwelling. The Zoning Ordinance allows, on a lot zoned Single Family Residential R-2, for an aggregate accessory building area no more than 50% of the square footage of the footprint of the principal building. This restriction is intended to discourage commercial conversion and to maintain the residential aesthetic within residential districts. The property currently has an aggregate accessory building area of 1,121 square feet with three structures. The ordinance would still permit a fourth structure that does not exceed 886 square feet. That could be, for example, a 26’ X 34’ detached garage. Staff often supports variance requests for oversized residential accessory structures where most or all of the following conditions are met:

1. The subject lot is located in a rural or agricultural area, or in an area generally characterized by large lots and open, expansive spaces.

2. The subject lot is located in an area where oversized accessory structures are common. 3. The oversized accessory structure would be obscured from view from surrounding

properties and rights-of-way. The proposed oversized accessory structure does not meet the provisions as stated above. The area is more traditionally large-lot-suburban than rural, and oversized accessory structures are not common. The accessory structure would also be conspicuously visible from both Golden Grove Road and from surrounding properties. Staff asserts that the required findings relative to aggregate accessory building area have not been met, and that development of a third large accessory structure on a lot which already contains two large accessory structures would represent an overdevelopment of the property. Staff, therefore, recommends denial of this variance component pertaining to aggregate accessory building area. VARIANCE REQUEST – ACCESSORY BUILDING HEIGHT

This variance request, if approved, would allow the accessory structure to have a height of 32 feet, whereas the zoning ordinance allows an accessory structure to have a height no greater than 25 feet and no greater than the height of the associated primary structure, which is estimated to be 32 feet tall. Although staff recommends denial of the accessory building area variance request, the variance for height, if associated with a structure which is compliant with accessory building area requirements, is less concerning. The accessory structure is designed to architecturally harken to

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the associated primary structure. The roof, in particular, is designed similarly to the house, giving it an unusual height. Also, the surrounding structures on adjoining properties consistently have heights of 30 feet or greater. So, here, the proposed height of the accessory structure would not be particularly jarring or conspicuous, and would complement the surrounding built environment. VARIANCE REQUEST –SECOND DWELLING

This variance request, if approved, would allow for a second single-family dwelling on the property, in the form of a 709-square-foot apartment built into the proposed detached garage. It will be used for the caretaking of a family member. As the zoning ordinance allows only one dwelling unit per lot, grant of this variance is required. The zoning ordinance allows only one dwelling unit per lot to limit density, parking needs and neighborhood traffic in residential areas, and to protect property values. Here, given the area’s relatively low density, parking and traffic congestion are non-issues, and any impact on neighboring property values due to the presence of a secondary dwelling unit occupied by a caretaker/family member would be negligible, particularly as the proposed dwelling will be part of a detached garage. Concerns arise, however, when considering the long-term use of a secondary dwelling unit. The opportunity to provide care for a family member, or to provide accommodations for visiting family or friends, is generally considered a benign secondary use of residential and agricultural properties, particularly those which are isolated or located on large lots. But when circumstances change and the property is eventually transferred, there may be a desire to rent the secondary dwelling unit to an unaffiliated party, which is considered less favorably. There may in the future also be a desire to subdivide the property, to parcel off the second dwelling unit. Any such subdivision, however, would not meet the requirements of the Subdivision Control Ordinance and the Zoning Ordinance, and should be prohibited not only by the requirements of those two ordinances but also by a condition of approval of this variance. For these reasons, any approval of this variance should apply only to a familial caretaking relationship, and should prohibit future subdivision. In summary, staff regards the requests for development of a secondary dwelling unit in a 32-foot-tall detached accessory structure as a minor and appropriate deviation from the requirements of the zoning ordinance, and supports it given incorporation of the conditions described above. Staff, however, regards the request for excessive aggregate accessory building area as representing an overdevelopment of the property, and recommends its denial. FINDINGS OF FACT: VARIANCE OF DEVELOPMENT STANDARDS - ACCESSORY BUILDING AREA



Required building and improvement permits must be issued prior to the development of the subject structure.

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2. The use and value of the area adjacent to the property included in the variance will be affected in a substantially adverse manner.

The approval would allow an accessory structure to become a dominant feature in a residential area.



An accessory structure can be placed on this property within regulations with minor inconvenience to the property owner.

FINDINGS OF FACT: VARIANCE OF DEVELOPMENT STANDARDS - ACCESSORY BUILDING HEIGHT


Required building and improvement permits must be issued prior to development of the subject structure.



The approval would provide for site development of a structure that is consistent with the architectural elements of the primary structure.



The proposed 32-foot tall accessory structure would represent a minor and acceptable deviation from the ordinance, and would allow a structure to be architectural compatible with the primary structure.

STAFF FINDINGS OF FACT: SECOND DWELLING


The proposed secondary dwelling unit would have no impact on the public health, safety, welfare and morals of the community.



The proposed secondary dwelling unit would have no impact on the use and value of property in the adjacent area.



The proposed secondary dwelling unit, if built and used as recommended herein, would represent an accessory use which is acceptable and reasonable within this particular residential area.

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GENERAL INFORMATION

Applicant: Ryan Wampler 5326 Travis Road Greenwood IN 46143

Owner: Mike and Michele Oswalt 4104 Golden Grove Road Greenwood IN 46143 Zoning: R-2 (Single Family Residential) Land Use: Single-family Residential Future Land Use: Rural Residential -MNH

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V-31-19 BASE MAP

SUBJECT SITE

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V-31-19 AERIAL I

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V-31-19 AERIAL II

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V-31-19 SITE PLAN

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V-31-19 ELEVATIONS

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V-31-19 ELEVATIONS

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V-31-19 FLOOR PLAN

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V-31-19 PETITIONER FINDINGS OF FACT

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Staff Report CASE NUMBER: A-2-19 ADDRESS: 2937 W 100 S Section 25, Township 12, Range 3 PETITIONER: Mike Vawter

REQUEST

Appeal of the Administrator’s Decision to grant a one-year time extension for Building Permit #22900, which involves the ongoing construction of a single-family dwelling on a lot owned by Jason Haun at 2937 W 100 S, the southeast corner of State Road 135 and County Road 100 S. STAFF RECOMMENDATION

Staff recommends denial of this Appeal request, thus upholding the Administrator’s Decision to grant a one-year extension for completion of Building Permit # 22900. PROPERTY DESCRIPTION

This 5.40-acre site is zoned A-1 (Agricultural) and is improved with a single-family dwelling, currently under construction. The site, at the southeast corner of the intersection of 100 S and State Road 135, is Tract 7 of the 42-acre, seven-lot Tim Dougherty Exempt Subdivision, recorded in 2002. The site is surrounded on all sides by large lots improved with single-family dwellings, all zoned A-1. BUILDING PERMIT EXTENSION POLICY

Departmental policy requires construction associated with a given building permit to be completed within two years of the issuance of the permit. Occasionally, when it becomes apparent that a project will not be complete within two years, the permit holder will request a time extension. With the written extension request our department requires: 1) the rationale for the requested extended deadline, and 2) the specific amount of additional time necessary to complete the project. In this case, property owner Jason Haun applied for and was issued a building permit on October 27, 2017 for the construction of a 30-foot-tall, 2,300-square-foot single-family dwelling. To date, the property has passed footer, structural rough-in, foundation, and underslab inspections. However, the home was not finished within two years of issuance of the permit. Just prior to the October 27, 2019 expiration of that permit, Mr. Haun submitted a written request for a one-year extension (included in this report as Exhibit A), citing his work schedule and out-of-town work obligations as reasons for being unable to finish the house within the two-year time frame. We granted the request, and a formal Appeal (narrative included in this report as Exhibit B) was filed by a concerned neighbor shortly thereafter.

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Our department receives approximately a dozen permit extension requests per year, and we generally approve them for six or twelve months. We’ve not denied a permit extension request, though we’ve approved them for less additional time than was requested. Complaints from neighbors about slow progress of construction are rare, though not unprecedented. This Appeal petition is the first appealing the approval of a permit extension request. GENERAL INFORMATION

Petitioner: Mike Vawter 2859 W 100 S Franklin, IN 46131

Owner: Jason Haun 451 N Forsythe St

Franklin, IN 46131

Zoning: A-1 Land Use: Single-family residential Future Land Use: Agricultural -DLH

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A-2-19 BASE MAP I

subject site

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A-2-19 AERIAL PHOTO I

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A-2-19 AERIAL PHOTO II

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A-2-19 AERIAL PHOTO III

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A-2-19 PHOTOGRAPHS

Photograph Two:

Eastern cabin,

viewed from rear.

Photograph One:

Eastern cabin,

viewed from side.

1) Subject structure front, viewed from 100 S.

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A-2-19 PHOTOGRAPHS

Photograph Two:

Eastern cabin,

viewed from rear.

Photograph One:

Eastern cabin,

viewed from side.

2) Subject structure rear.

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EXHIBIT A: HAUN PERMIT EXTENSION REQUEST

October 24, 2019

Johnson County Planning and Zoning

c/o David Hittle

86 West Court Street

Courthouse Annex

Franklin, Indiana 46131

This letter is to request an extension of permit number 22900 for a single period of 365 days.

This permit is for work at 2937 West 100 South, Franklin, Indiana.

In making this request, I am aware that the above permit is soon to, but hereby certify has not yet

expired.

It is with my apologies that I have been unable to complete the project within the originally

expressed timeframe. This has been due to unforeseen circumstances and constraints relating to my

employment which includes, yet not limited to, the location(s) of the projects and/or contractors I

have committed my service to.

I assure you that you will find the property to be clean, safe and secure. Likewise, the property is

neither a fire hazard, dangerous nor compromising the safety of others in any way.

I respectfully and courteously anticipate your approval of my request.

Sincerely yours,

Jason Haun

Photograph Two:

Eastern cabin,

viewed from rear.

Photograph One:

Eastern cabin,

viewed from side.

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EXHIBIT B: PETITIONER’S APPEAL NARRATIVE

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Johnson County

Board of Zoning Appeals

Calendar of Meetings for 2020

Hearing Date Filing Deadline Legal Ad &

Notification Deadline

January 28, 2020 December 30, 2019 January 7, 2020

February 25, 2020 January 27, 2020 February 4, 2020

March 24, 2020 February 24, 2020 March 3, 2020

April 28, 2020 March 30, 2020 April 7, 2020

May 19, 2020 April 20, 2020 April 28, 2020

June 23, 2020 May 26, 2020 June 2, 2020

July 28, 2020 June 29, 2020 July 7, 2020

August 25, 2020 July 27, 2020 August 4, 2020

September 29, 2020 August 31, 2020 September 8, 2020

October 27, 2020 September 28, 2020 October 6, 2020

November 24, 2020 October 26, 2020 November 4, 2020

December 29, 2020 November 30, 2020 December 8, 2020

January 26, 2021 December 28, 2020 January 5, 2021

Meetings start at 7:00 p.m. in the Auditorium of the Courthouse Annex, 86 West Court Street, Franklin, Indiana

46131.

All petitions must be filed with the Department of Planning and Zoning by no later than 4:00 p.m. on the due date

listed above. Office hours of the Department of Planning and Zoning are from 8:00 a.m. to 4:30 p.m., Monday

through Friday. Phone: (317) 346-4350 Fax: (317) 736-4722

The BZA Rules of Procedure were amended on November 26, 2013 to require that mailed, published and on-site

notice for land use petitions slated for hearing by the BZA now be provided twenty-one (21) calendar days prior to a

scheduled hearing. The Rules of Procedure previously required only ten calendar days’ notice. Additionally, land use

petitions must now be filed at least twenty-eight (28) days prior to a scheduled BZA hearing.

meeting agenda - johnson county, indiana

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