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					1 PETITIONERS: Days Healthy Living Pharmacy Jackson Street Café-new location

CICERO/JACKSON TOWNSHIP BZA MEETING MINUTES For April 16, 2009 Chairman Art Hall called the Cicero/Jackson Township BZA meeting to order at 7:00pm and the members were present or absent as follows: 1. ROLL CALL Present: Art Hall-Chairman Stephen Zell Dan Strong Bruce Freeman Annmarie Alligood Karen Blake-Recording Secretary John Culp-Legal Counsel Absent: none 2. DECLARATION OF QUORUM Chairman Art Hall declared a quorum with 5 of 5 members being present.

3. Approval of Minutes: Chairman Art Hall asked for corrections to the March 19, 2009 minutes. Dan Strong made a motion to Approve the March 19, 2009 minutes as presented. Stephen Zell seconded that motion. The motion to Approve the March 19, 2009 minutes as presented was passed with a vote of 5-0. 4. OLD BUSINESS Nothing Scheduled. Chairman Art Hall stated that there was a request to review the petitioner’s variance in a revised order. Item C would be addressed first. There were no concerns with anyone from the BZA or from the audience. 5. NEW BUSINESS C.) BZA-0904-06-DS DEVELOPMENT STANDARD VARIANCE AND PUBLIC HEARING Chairman Art Hall read the overview. The petitioner would like to increase the total amount to 85 square feet. Ordinance allows only 60 square feet of signage. The petitioner would also like to increase the maximum number of allotted signs from one to two signs. Property location: 1100 S. Peru Street, Cicero, In Jackson Township; Zoned: NC; Size: N/A Property owner: Day’s healthy Living Pharmacy- Vicki Privet representing Chairman Art Hall asked Ms. Privet to further explain her request. Ms. Privet stated that they would like to add an addition sign to be located on the north side of the building. This sign would direct drive thru traffic. C/JT BZA MINUTES 4-16-09

2 Steve Zell asked if the current sign would change. Ms. Privet stated no. The additional sign would be the same colors, just like the original sign. Dan Strong asked why the additional sign? Ms. Privet stated that there appears to be some confusion regarding the location of the drive-thru window. This is the purpose of the additional sign. Bruce Freeman asked if there is going to be sufficient lighting? Ms. Privet stated that the new sign is neon type sign just like the current one. There was a brief discussion regarding the temporary sign that is currently out front, and the possibility of a multi-tenant signage being located on the property. Ms. Privet had no additional information on this topic. Chairman Art Hall stated that the new sign was more of a directional signage application. Chairman Art Hall reminded everyone that there was a Public Hearing regarding this variance request. Annmarie Alligood made the motion to Open the Public Hearing on BZA-0904-06-DS DEVELOPMENT STANDARD VARIANCE. Stephen Zell seconded that motion. The motion to Open the Public Hearing on BZA-0904-06-DS DEVELOPMENT STANDARD VARIANCE was approved with a vote of 5-0. Comments from the audience: None. Annmarie Alligood made the motion to Close the Public Hearing on BZA-0904-06-DS DEVELOPMENT STANDARD VARIANCE. Stephen Zell seconded that motion. The motion to Close the Public Hearing on BZA-0904-06-DS DEVELOPMENT STANDARD VARIANCE was approved with a vote of 5-0. Additional comments from the BZA: Dan Strong stated the sign was nice looking. Annmarie Alligood asked for clarification. That the BZA was voting on the number of signs and the total square footage of signage permitted together. Chairman Art Hall stated yes unless there was a concern. No concerns were stated. Dan Strong then made a motion to Approve BZA-0904-06-DS DEVELOPMENT STANDARD; Part One: the increase of total square footage of signage for the Days Healthy Live Pharmacy from 60 sq ft. to 85 sq. ft.; and Part Two: the approve of a second sign that will be located on the north side of the building. Annmarie Alligood seconded that motion. The motion to Approve BZA-0904-06-DS DEVELOPMENT STANDARD; Part One: the increase of total square footage of signage for the Days Healthy Live Pharmacy from 60 sq ft. to 85 sq. ft.; and Part Two: the approve of a second sign that will be located on the north side of the building was approved with the following vote: Annmarie Alligood-yes Stephen Zell-yes Art Hall-yes Dan Strong-yes Bruce Freeman-yes

C/JT BZA MINUTES 4-16-09

3 A and B BZA-0904-04-DS and BZA-0904-05-DS DEVELOPMENT STANDARD VARIANCES AND PUBLIC HEARING BZA-0904-04-DS Chairman Art Hall gave an overview of the petitioner’s request. The petitioner would like to construct an entry/exit on Jackson Street. By ordinance it is required to have at least 175 feet between an entry/exit from a secondary arterial road. The petitioner would like to reduce this distance to 145 feet. BZA-0904-05-DS Chairman Art Hall then gave an overview of the petitioner’s other request. The petitioner would like to reduce the distance between two drives. Ordinance requires 100 feet. The petitioner would like to reduce this distance down to 30 feet. Property location: 400 W. Jackson Street, Cicero, In Jackson Township; Zoned: NC Size: N/A Property owner: petitioner Alex Christopher with Jackson Street Café Chairman Art Hall asked Mr. Christopher to explain to the BZA what he would like to do. Mr. Christopher stated that he was in the process of moving his restaurant to the new location at 400 Jackson Street. Currently there is only one entry/exit at the location-off of Main Street and he would like to have an additional vehicle entry off of Jackson Street. This new entry/exit would be just east of the Condo entrance. Mr. Christopher stated he was concerned with folks coming and going from the restaurant and the tight parking spaces that are currently there. He was worried that it may be a safety issue and had contacted the fire, police and street departments for input. Art Hall asked if he would maintain both entry/exits? Mr. Christopher stated yes. Dan Strong stated that for the recorded it has not been determined if the alley in this area had been vacated. It was agreed that this would be added to the motion. Annmarie Alligood asked if the entry/exit was approved would this eliminate some of the currently parking spaces? Mr. Christopher stated no, that the number of parking spaces would be the same, it would not hinder any parking issues but if the parking lot was full and folks would have trouble turning around to leave. The proposed entry/exit would be along Jackson Street and it is 22ft x 35ft curb cut, this would be another way out. Chairman Art Hall asked why would folks have trouble turning around to get out? Mrs. Peggy Christopher stated they were concerned with should the parking lot become full and there is an emergency such as a police or fire call, public safety could become an issue. When the parking lot is full there is a problem with turning around. The area is very tight. This is the reason why they had come before the BZA to request the additional vehicle entry/exit. Chairman Art Hall asked if the entry/exist was for emergencies would they be open to putting a chain across the proposed entry/exit. Mr. Christopher stated he did not consider an emergency exist when he was completing the petition. At this time Chairman Art Hall briefly explained why the original entry/exit was removed when the Condo project had come before the BZA. It was proposed originally that an entry/exit would be constructed for the condo project and also leave the existing entry/exit C/JT BZA MINUTES 4-16-09

4 just west of the Arnies when it was there. It was agreed that the original entry/exist west of Anri's would be removed and the new entry/exit for the condo project would be created. There would not be two entry/exist so close together. It was agreed that having two entry/exits was an unsafe situation. There was a brief discussion regarding the cars having problems turnaround in the area. There was a discussion if the new entry/exit would help the customers getting in and out easier. Annmarie Alligood stated that traffic from the Condo location is not excessive. There is just not a whole lot of traffic coming from that location even during specific time of the day there is not major-high traffic concerns. There was a discussion regarding the procedure should an emergency happen. Chairman Art Hall asked if a chain installed in the grassy area be considered and be used only as an emergency. Mr. Christopher stated he did not consider that because it was not suggested as an option. Dan Strong stated he was concerned with what would happen should an entry/exit be necessary on the south side of Jackson Street directly across from the proposed entry/exit. Chairman Art Hall was concerned with the possibility of a decell lane may be required. Chairman Art Hall stated that there was a Public Hearing attached to these variances and asked for a motion. Chairman Art Hall stated that the BZA would like to vote on the variances separately. All agreed. Annmarie Alligood made a motion to Open the Public Hearing on BZA-0904-04-DS DEVELOPMENT STANDARD VARIANCE. Bruce Freeman seconded that motion. The motion to Open the Public Hearing on BZA-0904-04-DS DEVELOPMENT STANDARD VARIANCE was approved with a vote o 5-0. Comments from the audience: For the recorded there were no comments. Annmarie Alligood made a motion to Close the Public Hearing on BZA-0904-04-DS DEVELOPMENT STANDARD VARIANCE. Bruce Freeman seconded that motion. The motion to Close the Public Hearing on BZA-0904-04-DS DEVELOPMENT STANDARD VARIANCE was approved with the following vote: Additional comments: Annmarie Alligood asked if there was any input from other agencies? Chairman Art Hall stated they had received a letter from Utility Director Pat Comer; a letter from Viola; and Police Chief Dave Hildebrand. All responses indicated they had no problem with the proposed entry/exit. Dan Strong stated that he would like to see curbing done per the Town’s construction standards.

C/JT BZA MINUTES 4-16-09

5 Chairman Art Hall stated he was concerned with the additional traffic that will occur when the Jackson Street Boat Access Project is completed and the pedestrian walkway in completed along the south side of the causeway. The pedestrian traffic will increase. Stephen Zell asked for clarification that both of these variances are related to each other and involve the same location. Chairman Art Hall stated yes. Dan Strong made the motion to Approve BZA-0904-04-DS to construct an entry/exit 145 feet away from an intersection with the condition that curbing will be done per the Town’s construction standards. Annmarie Alligood seconded that motion. The motion to Approve BZA-0904-04-DS to construct an entry/exit 145 feet away from an intersection with the condition that curbing will be done per the Town’s construction standards was approved with the following vote: Stephen Zell-yes Art Hall-yes Dan Strong-yes Bruce Freeman-yes Annmarie Alligood-yes Chairman Art Hall stated that the first variance has been granted. Chairman Art Hall stated now to the second variance BZA-0904-05-DS DEVELOPMENT STANDARD VARIANCE to reduce the distance between two entry/exits. Chairman Art Hall was reminded to Open the Public Hearing on BZA-0904-05-DS. Annmarie Alligood made the motion to Open the Public Hearing on BZA-0904-05-DS to reduce the distance between two entry/exits from 100 feet to 30 feet. Stephen Zell seconded that motion. The motion to Open the Public Hearing on BZA-0904-05-DS to reduce the distance between two entry/exits from 100 feet to 30 feet was approved with a vote of 5-0. Comments from the Audience: For the recorded no comments were made. Annmarie Alligood made the motion to Close the Public Hearing on BZA-0904-05-DS to reduce the distance between two entry/exits from 100 feet to 30 feet. Stephen Zell seconded that motion. The motion to Close the Public Hearing on BZA-0904-05-DS to reduce the distance between two entry/exits from 100 feet to 30 feet was approved with a vote of 5-0. Additional Comments: There was a discussion regarding having two active driveways close to each other. There was a discussion as to whether or not a stop light would be installed at the intersection of Jackson Street and Main Street. There were no plans for such work. There was a discussion about in the past history of the location how many active driveways were there. It was decided that there were no official driveways at this location. Dan Strong asked if there should be any input for INDOT because of 236 street/Jackson Street. Mr. Culp stated that because it was within the municipal boundaries there were be no input.
th

C/JT BZA MINUTES 4-16-09

6 There was a brief discussion if appropriate notification had been completed. Christopher state she had received 20 of the 24 notification back. There were no other comments. Chairman Art Hall asked for a motion. Dan Strong made a motion to Approve BZA-0904-05-DS to reduce the distance between two entry/exits from 100 feet to 30 feet. Annmarie Alligood seconded that motion. The motion to Approve BZA-0904-05-DS to reduce the distance between two entry/exits from 100 feet to 30 feet was denied with the following vote: Art Hall-no Dan Strong-no Bruce Freeman-yes Annmarie Alligood-no Stephen Zell-yes Chairman Art Hall stated that the variance had been denied. Mr. Christopher asked what that meant. Chairman Art Hall stated that the proposed entry/exit 30 feet away from the current entry/exit was denied. Chairman Art Hall suggested that an emergency exit be considered and informed Mr. Christopher that he could re-petition after one year. Mr. Culp informed Mr. Christopher that if he would like to appeal the BZA decision he would have 30 days to appeal with a court of law from tonight’s date. 6. PUBLIC COMMENT: None. 7. CORRESPONDENCE: None 8. DIRECTOR’S REPORT: Dan Strong acting Plan Director reported that the Plan Commission and Town Council had met to discussion which direction to go, whether full-time or part-time. Additional information is necessary from the Town Council. There are several folks interested in the job. The job description will be looked at again. There was a brief discussion about who the Plan Director would answer too. Dan Strong explained that the Plan Director answers to the Plan Commission but the Town Council holds the purse strings. Dan Strong also gave an update on the status of the CVS project. They are currently looking at two different locations. The corner of Brinton and S. R. 19; and they are also considering purchasing the lot just north of their current location. Tear down the old CVS and build a new building. 9. CHAIRMAN’S REPORT: None 10. LEGAL REPORT: None 11. NEXT BZA MEETING: The next regular BZA meeting is scheduled for Thursday, May 21, 2009 at the Cicero Town Hall at 7:00pm. C/JT BZA MINUTES 4-16-09 Mrs.

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12. ADJOURNMENT: Dan Strong made the motion to adjourn the April 16, 2009 BZA meeting. Annmarie Alligood seconded the motion. The motion to adjourn the April 16, 2009 BZA meeting was adjourned with a vote of 5-0. Signatures: ___________________ Art Hall-2009 Chairman ____________________ Bruce Freeman 2009 Vice-Chairman

__________________ Steve Zell-9008 Secretary ___________________ Karen M. Blake 2009 Recording Secretary __________________ Date

C/JT BZA MINUTES 4-16-09


				
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