WASHINGTON TOWNSHIP BOARD OF ZONING APPEALS MINUTES

November 12, 2007

The Washington Township Board of Zoning Appeals met in regular session on November 12, 2007 in the Meeting Room of Washington Township Government Center. Members of the Board present were Mr. Horine, Mrs. Mulligan, Mrs. Fischer, Mrs. Fish and Mr. Schwartz.

Call to order at 7:00 p.m.

Mr. Horine explained the hearing format and voting procedure.

The Oath was administered by Mr. Horine.

MOTION – Mrs. Fischer moved the minutes of July 9, 2007 be approved as submitted.

Motion seconded by Mrs. Mulligan.

VOTE - Mr. Horine, yes; Mrs. Mulligan, yes; Mrs. Fischer, yes; Mrs. Fish, abstain; Mr. Schwartz, abstain.

MOTION – Mrs. Mulligan moved the minutes of August 13, 2007 be approved as submitted.

Motion seconded by Mrs. Fish.

VOTE - Mr. Horine, abstain; Mrs. Mulligan, yes; Mrs. Fischer, abstain; Mrs. Fish, yes; Mr. Schwartz, abstain.

MOTION – Mrs. Fischer moved the minutes of September 24, 2007 be approved as submitted.

Motion seconded by Mrs. Mulligan.

VOTE - Mr. Horine, yes; Mrs. Mulligan, yes; Mrs. Fischer, yes; Mrs. Fish, yes; Mr. Schwartz, abstain.

Case A-1518 – Jeffrey S. Kauffman, 2611 Gentle Wind Point

Request is for a variance to reduce the side yard setback for an accessory structure from the required thirteen and one half (13.5) feet to approximately ten (10) feet to allow for the construction of a garage located in a Residential 4 (R-4) zoning district.

Andy Ehrhart, GIS & Zoning Manager, presented the case.

Applicant represented by Jeffrey Kauffman, 2611 Gentle Wind Point. Mr. Kauffman indicated that his home has no basement. The original 2 ½-car garage would be made into a family room as well as a partial garage to house his wife’s car. The freestanding structure would contain his vehicle and lawn equipment and tools. They will also add additional concrete to attach the garages to the existing driveway.

Mr. Horine – Who is the contractor for the structure?

Mr. Kauffman – C & R Construction.

Mr. Horine – Where is the company located?

Mr. Kauffman – New Carlisle.

Mrs. Mulligan – Questioned if applicant had an architect for the project?

Mr. Kauffman – The architect is Bill Bers.

Mr. Horine – Questioned the building materials for the new garage?

Mr. Kauffman – Stated the plan is to use brick and siding to match the house.

Mr. Horine – Asked about the roofing material?

Mr. Kauffman – They will be 3-dimensional shingles.

Rhonda Powell, C & R Construction – Explained the layout of the existing garage and the 1 ½ car garage addition and the other 1 ½ car garage. She also stated the additional concrete would allow for a turn around driveway.

Mr. Horine – Asked how long C & R Construction has been in business?

Ms. Powell – They have been in business for 35 years.

Citizens voicing concerns, question and comments included:

Arno Weller, 2619 Gentle Wind Point – Even though the fault for the misplacement may not the Kauffman’s, the end result lies with them. Stated there should be proven practical difficulties. There is not any landscaping/topography or other issues that would prevent them from meeting the setback requirements. He also stated that he is concerned with the drainage and has not seen a plan that addresses the driveway. Mr. Weller feels that the structure will be substantial. Another concern is the potential for outdoor lighting on the garage. Mr. Weller would like to request the Board to maintain the integrity of the Washington Township Zoning Resolution.

Mrs. Mulligan – Questioned if there is presently a drainage issue?

Mr. Weller – Yes. There is a low lying area between the two properties.

Mr. Schwartz – Asked if the water falls to the front or the back?

Mr. Weller – Stated the area is wet and the water just sets there.

Mrs. Mulligan – Asked Mr. Weller if his home has a basement?

Mr. Weller – Indicated that his home is a tri-level.

Mrs. Fish – Asked Mr. Weller if he has had water issues.

Mr. Weller – Yes. He has a sump pump and other water issues.

Mrs. Mulligan – Questioned if anyone has ever installed drain tile to the area?

Mr. Weller – Was not aware of any installed.

Mr. Kauffman – Indicated that Mr. Weller was correct in stating that the properties crown and meet at the low point at the property line. He also pointed out that the tri-level side of Mr. Weller’s home is on the opposite side of the property farthest away from this property.

Mrs. Fish – What type of exterior lighting is being considered?

Mr. Kauffman – There will be one light on each side of the entry and will have 60 watt candle-type lights.

Mr. Horine – Questioned if they lights will be turned on all night?

Mr. Kauffman – No. The majority of the time they will be turned off.

Mr. Schwartz – Why did you come up with this location for the structure?

Mr. Kauffman – This location would connect both garages with the existing garage,

Mr. Horine – Asked if there will be some type of curb on the side of the driveway to divert water?

Public hearing closed.

Board remarks, concerns, and questions included:

Mr. Horine – Has concerns about meeting the criteria for practical difficulties. The lot is not a completely rectangular piece of property.

Mr. Schwartz – Stated that he is concerned that applicant did not seek approval prior to starting the construction.

Hearing closed.

Motion – Mrs. Fischer moved in Case A-1518 to approve applicant’s request for a variance to reduce the side yard setback for an accessory structure from the required thirteen and one half (13.5) feet to approximately ten (10) feet to allow for the construction of a garage located in a Residential 4 (R-4) zoning district.

No second to the motion.

MOTION – Mr. Schwartz moved in Case A-1518 to deny applicant’s request for a variance to reduce the side yard setback for an accessory structure from the required thirteen and one half (13.5) feet to approximately ten (10) feet to allow for the construction of a garage located in a Residential 4 (R-4) zoning district.

Motion seconded by Mr. Horine.

VOTE - Mr. Horine, yes; Mrs. Mulligan, no; Mrs. Fischer, no; Mrs. Fish, no; Mr. Schwartz, yes.

Motion failed.

Mrs. Mulligan – Stated the presentation was very poor. There is extensive information and is lacking in plans, etc. Stated that there will be more problems with the water as the years progress.

Mrs. Fischer – Indicated she is not sure what type of conditions should be added.

Mr. Schwartz – Thinks that a variance should address the issues of the impact to the neighbors.

MOTION – Mr. Horine moved in Case A-1518 to approve applicant’s request for a variance to reduce the side yard setback for an accessory structure from the required thirteen and one half (13.5) feet to approximately ten (10) feet to allow for the construction of a garage located in a Residential 4 (R-4) zoning district.

Motion seconded by Mrs. Fischer.

VOTE - Mr. Horine, no; Mrs. Mulligan, yes; Mrs. Fischer, yes; Mrs. Fish, yes; Mr. Schwartz, no.

Case A-1518 approved.

Meeting adjourned. A tape recording of this proceeding is on file in the Zoning office.

Dan Horine, Chairman

Washington Township Board of Zoning Appeals

BZA\Minutes\November 12, 2007