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«HEARING OFFICER June 26, 2013 2:00 p.m. CITY HALL KELLY CONFERENCE ROOM #155 CITY OF BLOOMINGTON HEARING OFFICER June 26, 2013 at 2:00 p.m. *Kelly ...»

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CITY OF BLOOMINGTON

HEARING

OFFICER

June 26, 2013 @ 2:00 p.m.

CITY HALL KELLY CONFERENCE ROOM #155

CITY OF BLOOMINGTON

HEARING OFFICER

June 26, 2013 at 2:00 p.m. *Kelly Conference Room #155

PETITION WITHDRAWN:

 V-28-13 Judy Berkshire and James Tarnowski 509 S. Rose Ave.

Request: Variance from fence standards.

PETITIONS:

 V-26-13 Abigail Culbert 504 E. Hillside Dr.

Request: Variance from side yard setback requirements to allow an addition to a single-family house.

Case Manager: Katie Bannon  V-27-13 Ambling University Development Group, LLC 310 W. 12th St., and 702 N. Morton St.

Request: Variances from pool setback and signage standards.

Case Manager: Patrick Shay  V-30-13 Jeff Mansfield and Amy Countryman 910 W. Smith Ave.

Request: Variances from build-to-line, sidewalk and driveway requirements.

Case Manager: Jim Roach HEARING OFFICER June 26, 2013 Next Meeting Date: July 10, 2013 Filename: I:\common\developmentreview\hearingofficer\agendas\HO-tentative-agenda BLOOMINGTON HEARING OFFICER CASE #: V-26-13 STAFF REPORT DATE: June 26, 2013 LOCATION: 504 E. Hillside Dr.

PETITIONER: Abigail Culbert 504 E. Hillside Dr., Bloomington, IN 47401 REQUEST: The petitioner is requesting a variance from the side yard setback standards to allow an addition to a single family house.

REPORT SUMMARY: The subject property is located at 504 E. Hillside Drive and is zoned Residential Multifamily (RM). The property has been developed with a one-story single family house. Properties to the west, south, and east are also zoned Residential Multifamily (RM) and used primarily as single family houses. Properties to the north are zoned Planned Unit Development (PUD) and a mix of commercial, mixed-use, and residential uses.

The petitioner is proposing a 144 square foot addition to the rear of an existing single family house. The addition would match the existing eight-foot side setback of the current house. The proposed addition is a screened porch that provides interior access to the basement. In the RM district, the Unified Development Ordinance requires a minimum side setback of fifteen feet. The petitioner is requesting a variance from the required fifteen-foot side setback to construct the addition with an eight-foot side setback.

CRITERIA AND FINDINGS

20.09.130 e) Standards for Granting Variances from Development Standards: A variance from the development standards of the Unified Development Ordinance may

be approved only upon determination in writing that each of the following criteria is met:

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

STAFF FINDING: Staff finds that the addition will not be injurious to the public health, safety, morals, or general welfare of the community. This area, although zoned multi-family, has many existing single family houses with non-conforming setbacks. The fifteen foot setback is meant to provide adequate space, light, and air for multi-family apartment units and is less applicable to this existing single family house.

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

STAFF FINDING: Staff finds no adverse impacts to the use and value of the surrounding area associated with the proposed variance. The side setback of the existing single family house is eight feet with no known negative impacts. The proposed eight-foot side setback is consistent with the development pattern of the neighborhood. Every building on the same block face as the subject property has at least one side setback that is less than the minimum fifteen feet required. Staff has not received any calls of opposition from neighbors.

3) The strict application of the terms of the Unified Development Ordinance will result in practical difficulties in the use of the property; that the practical difficulties are peculiar to the property in question; that the Development Standards Variance will relieve the practical difficulties.

STAFF FINDING: Staff finds that the existing side setback and single family use present practical difficulties in the building of an addition which meets the requirements of the UDO. The required fifteen foot side setback is based on multifamily structures and uses. If the property were in a single family zoning district, it would meet the minimum required side setback. In the Residential Single Family (RS) district, a minimum of 8 feet is required. In the Residential Core (RC) district, a minimum side setback of six feet is required. The petitioner is proposing to improve the property by providing interior access to the basement, and the existing door to the basement is along the east side of the house. This variance will relieve practical difficulties in the use of the property.

RECOMMENDATION: Based upon the written findings above, staff recommends





approval of this petition with the following condition of approval:

1. A building permit is required prior to construction of the addition.

–  –  –

REQUEST: The petitioner is requesting variances from pool setback and signage standards.

REPORT SUMMARY: This property is zoned Commercial Downtown and lies within two separate downtown overlays. The majority of the site is within the Showers Technology Park Overlay (STPO) and the eastern portion is within the Downtown Gateway Overlay (DGO). The property received site plan approval from the Plan Commission in March of 2008 for a mixed-use development that had a multifamily component, a mixed-use building, townhomes, an office building and a private park. The site is currently under construction including 152 units and 472 bedrooms.

One of the structures on the property includes 100 units and 288 bedrooms and a structured parking garage. This building located at 310 W. 12th St. has a large courtyard in which the petitioners are proposing to install a pool to utilize the southern exposure. The pool is raised above street grade and will be screened from the street with decorative retaining wall. The UDO requires that pools maintain a minimum 35 foot setback from the street right-of-way. The proposed pool is only approximately 18 feet from the right-of-way, therefore a variance is required. This requirement was written with single family homes in mind and intended to disallow pools from being placed between the home and street. The proposed pool is located behind the front of the building and is screened from street view.

The pool was added to the courtyard design to include an additional amenity for the development as a whole. Staff has no concerns with the requested setback variance and finds it to meet the variance criteria.

The petitioner is also seeking a variance from signage standards for the overall development known as “The Park on Morton.” The mixed-use building located at the northeast corner of 11th St. and Morton St. will have commercial signage. The UDO also does not have an allowance for signage for multifamily use within the Commercial

Downtown. The petitioner has submitted a sign package that is seeking variances to allow:

1. An approximate 36 square foot wall sign above the entry of the large residential building located at 310 W. 12th St,

2. A freestanding sign to exceed 15 square feet, and

3. A sign for an on-site leasing office.

This site is unique in its large campus size of approximately 8 acres, 152 units, and a mixture of units. The proposed sign package would allow two residential signs, one of 36 square foot to identify the development and highlight the main entry of the large residential structure and one small sign of 10” channel letters that would identify the onsite leasing office. This use is considered residential and does not automatically qualify for a commercial sign. Staff finds these two signs to be a reasonable sign package that will allow for a small amount of signage to direct visitors and prospective residents to the most highly trafficked entry points. Staff finds these signs to improve on-site flow and to be reasonably sized with respect to the very large nature of the development.

The petitioners are also seeking an approval for one freestanding sign for the overall development. The UDO does allow this site a freestanding sign of 15 square feet and 4 feet in height. However, the petitioner is proposing to place this signage on an existing wall that protects an outdoor patio area. In calculating freestanding signs, the UDO calculates the entire freestanding structure. The petitioner is seeking an approval to calculate this sign using only the area of the identifying lettering and logo.

CRITERIA AND FINDINGS FOR DEVELOPMENT STANDARDS VARIANCE

20.09.130 e) Standards for Granting Variances from Development Standards: A variance from the development standards of the Unified Development Ordinance may

be approved only upon determination in writing that each of the following criteria is met:

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

STAFF FINDING: Staff finds no injury. Pools are a common feature of multi-family development. This pool will meet all local and state requirements for security including fencing and gating. It will be screened from public view and is located further from the street than the adjacent structure.

Staff finds no injury with the signage request. The proposed sign package is very small and includes a minimal amount of signage for such a large site. The leasing sign will have no more impacts than potential commercial offices within the same building.

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

STAFF FINDING: Staff finds no negative effects from this proposal on the areas adjacent to the property. Most adjacent properties also have multi-family or commercial uses. The pool is located a significant distance from any adjacent uses and the signage will not be out of scale for such a large site.

3) The strict application of the terms of the Unified Development Ordinance will result in practical difficulties in the use of the property; that the practical difficulties are peculiar to the property in question; that the Development Standards Variance will relieve the practical difficulties.

STAFF FINDING: Staff finds peculiar condition in design of the courtyard. The UDO would require the pool to be placed approximately 17 further to the north. This would create less sunlight for the pool. The intent of the requirement was to disallow pools to be placed in front yards. Many residential setbacks are 25 feet from the front right-ofway line with a 35-foot pool setback, thus placing the pool approximately 10 feet behind the front of the structure. The adjacent building is, by UDO requirements, palced near the right-of-way line. The pool is approximately 15 feet behind the front of the building.

Because pools need access to sunlight for heating and maximum enjoyment, this would limit the practical ability to build a pool associated with a downtown lot. Approval of this variance will allow the petitioner to create a much desired residential amenity for residents of this building and the adjacent development, while still providing screening from the street and an appropriate urban streetscape for the building.

Staff finds peculiar condition in the large size and unified nature of the development.

Unlike most downtown developments, this development includes several lots and multiple buildings that makes on-site identification more important than most downtown projects. This is a very large property and the proposed signage will assist in the efficient identification of the leasing office and the main entry of the large residential structure. Staff finds that the existing wall at the intersection of 11th and Morton was constructed to the adjacent patio area and was not designed with the signage specifically in mind. The wall is already in place and will not be impacted by the signage.

The lettering and logo for the freestanding sign is within the maximum 15 square feet of signage and will serve a large mixed-use development.

RECOMMENDATION: Based on the written findings above, staff recommends approval of V-27-13 with the following condition.

1. No other residential signage is permitted. All other non-residential signage must meet current UDO standards.

–  –  –

REQUEST: The petitioner is requesting variances from front build-to line, driveway standards and sidewalk requirements.

REPORT SUMMARY: This 0.70 acre property is zoned Residential Core (RC) and is comprised of two platted, vacant lots that front W. Smith Ave. The site is surrounded on all sides by single family houses also zoned RC. The property is located in the Prospect Hill Neighborhood and is within the Prospect Hill Historic Conservation District.

The petitioners propose to construct a new 2-story single family home that spans across the two lots. They also propose a detached garage with primary access from an east-west alley that dead-ends into the property to the east.

Variances are required for three aspects of the project. The first is the build-to line along Smith Ave. The UDO would require the home to be built approximately 2 feet from the Smith Ave. right-of-way. The proposal is a front setback of approximately 68 feet. The second is a variance from driveway requirements. The UDO only permits a driveway off of an alley and requires that it be not more than 20 feet wide. This variance will allow a secondary drive off of Smith Ave. and a turn-around addition to the drive into the garage.

The third is the sidewalk construction requirements. The petitioners are requesting to not construct a sidewalk on Smith Ave.



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