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Board of Zoning Appeals Meeting Minutes 2021

Meeting Minutes

01-18-2021 Board of Zoning Appeals Meeting Canceled
02-22-2021 Board of Zoning Appeals

February 22, 2021 Board of Zoning Appeals Minutes

CALL TO ORDER:

Mr. Lareau called the Board of Zoning Appeals Meeting to order on Monday, February 22, 2021, at 7:00 p.m., which its members attended on-site, and led all in The Pledge of Allegiance.

ROLL CALL:

The following members were present: John Kennedy, Vice Chairman; Brendan Sheeran; Drago Popovic (arrived late); Nancy Wohland, Secretary; and Mark Lareau, Chairman. A quorum was attained.

Also present: Sergio Mendoza, Director of Building and Planning, and Adam Decker, Board Attorney.

Absent: Paul Panczuk, Town Council Liaison.

ELECTION OF OFFICERS:

Mr. Sheeran nominated the full complement of officers to retain their seats: Mark Lareau as Chairman, John Kennedy as Vice Chairman, and Nancy Wohland as Secretary. Mr. Popovic seconded the nominations. Nominations carried unanimously by roll-call vote. (Note: The board held off on Election of Officers until the full body was present.)

Mr. Kennedy Aye
Mr. Popovic Aye
Mr. Sheeran Aye
Ms. Wohland Aye
Mr. Lareau Aye

APPROVAL OF MINUTES:

Mr. Sheeran made a motion to approve the minutes of July 20, 2020, and September 21, 2020; Mr. Kennedy seconded the motion. Motion carried unanimously by roll-call vote (4-0 as Mr. Popovic was not in the room for the approval of minutes.).

Mr. Kennedy Aye
Mr. Sheeran Aye
Ms. Wohland Aye
Mr. Lareau Aye

NEW/OLD BUSINESS:

A. 2021-01 JENNIFER BUKSAR – 10135 E. Earl Drive – Special Exception Variance
Mr. Lareau advised that Jennifer Buksar is seeking relief from Zoning Ordinance §24-373 to allow a tobacco shop in the US 41 Overlay District.

Ms. Buksar requested that she be allowed to have a tobacco establishment in the US 41 Overlay District. The shop, Tobacco Island, would be their third location, with one on Broadway in Crown Point and the other in the overlay district in Schererville at US 30 and US 41. She commented about the security measures they put in place and stated that they use custom-built furnishings for a more upscale retail establishment.

(Drago Popovic entered the meeting.)

Mr. Lareau opened the floor for Public Hearing. Having no one wishing to speak, Mr. Lareau closed the Public Hearing and brought the matter back to the Board.

Mr. Popovic made a motion to send a favorable recommendation to the Town Council with the contingencies that there be no accessory LED lights in the window, that any exterior improvements or expansions to the building shall come before the Plan Commission, and that the square footage for the variance shall not exceed 2100 at the site address of 10135 E. Earl Drive. Mr. Kennedy seconded the motion. Motion failed 3 nays - 2 ayes by roll-call vote.

Mr. Kennedy Aye
Mr. Popovic Aye
Mr. Sheeran Nay
Ms. Wohland Nay
Mr. Lareau Nay

Attorney Decker advised that a vote to send an unfavorable recommendation to the Town Council should be taken.

Mr. Sheeran made a motion to send an unfavorable recommendation to the Town Council, including the Findings of Fact:

  1. That the establishment, maintenance, or operation of the Special Exception will be detrimental to or endanger the public health, safety, morals, comfort or general welfare;
  2. That the Special Exception will be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property value within the neighborhood.
  3. That the establishment of the Special Exception will impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;
  4. Adequate measures will be taken to provide Ingress and Egress, so designed as to minimize traffic congestion in the public streets; and
  5. That adequate utilities, access road, drainage and/or necessary facilities will be provided;
  6. That adequate measure will in all other respects conform to the applicable regulations of the Zoning District in which it is located; and
  7. That the Special Exception shall be required to comply with reasonable time limitations on the commencement and duration of Special Exception as well as holder of rights to same.

Ms. Wohland seconded the motion. Motion carried 3 ayes - 2 nays by roll-call vote.

Mr. Kennedy Nay
Mr. Popovic Nay
Mr. Sheeran Aye
Ms. Wohland Aye
Mr. Lareau Aye

Mr. Lareau advised the petitioner that the Board of Zoning Appeals will be sending an unfavorable recommendation to the Town Council.

B. BZA Rules and Regulations Resolution 2021-02-22
Mr. Lareau advised that the next item on the agenda is a resolution to change the rules regarding public hearing notice to match state statutes.

Mr. Kennedy commented that the state is currently reviewing a bill that would eliminate the need to put any public notification in the newspapers. Discussion ensued.

Attorney Decker explained the public change and advised that it is entirely the Board’s purview.

Mr. Lareau read Resolution No. 2021-02-22 and entertained a motion for the same.

Mr. Popovic made a motion to adopt BZA Resolution No. 2021-02-22; Mr. Sheeran seconded the motion. Motion carried unanimously by roll-call vote.

Mr. Kennedy Aye
Mr. Sheeran Aye
Mr. Popovic Aye
Ms. Wohland Aye
Mr. Lareau Aye

C. Proposed Schedule of Meeting Dates
Mr. Lareau advised that the next item on the agenda is to review the proposed schedule of meeting dates with filing deadlines for consideration to help facilitate review times and anticipated filings.

Mr. Mendoza explained that the document allows for ample preparation and review of petitions and the related Findings of Fact before the meeting and welcomed any feedback.

Attorney Decker advised that he has reviewed the document and has no issues with it. The Board favors the schedule and expressed thanks for the additional review time they will have going forward.

PUBLIC COMMENT:

None was had.

ADJOURNMENT:

Having no further business, Mr. Lareau adjourned the meeting at 7:55 p.m.

Respectfully submitted;

Margaret R. Abernathy, Recording Secretary
St. John Board of Zoning Appeals

03-15-2021 Board of Zoning Appeals

March 15, 2021 Board of Zoning Appeals Minutes

CALL TO ORDER:

Mr. Lareau called the Board of Zoning Appeals Meeting to order on Monday, March 15, 2021, at 7:02 p.m., which its members attended on-site and remotely, and led all in The Pledge of Allegiance.

ROLL CALL:

The following members were present: John Kennedy, Vice Chairman; Brendan Sheeran; Nancy Wohland, Secretary; and Mark Lareau, Chairman. A quorum was attained.

Also present: Sergio Mendoza, Director of Building and Planning, and Adam Decker, Board Attorney.

Absent: Drago Popovic.

APPROVAL OF MINUTES:

Mr. Kennedy made a motion to approve the minutes of November 16, 2020; December 21, 2020; and February 22, 2021; Mr. Sheeran seconded the motion. Motion carried unanimously by roll-call vote:

Mr. Kennedy Aye
Mr. Sheeran Aye
Ms. Wohland Aye
Mr. Lareau Aye

NEW/OLD BUSINESS:

A. BZA Rules and Regulations Resolution 2021-02-22
Mr. Lareau advised that the next item on the agenda is a resolution to amend the public notice requirements in the Rules and Regulations. He further advised that it needs to go to the Plan Commission and then come back to the Board and asked that it be deferred.

Mr. Mendoza advised that there is an ordinance before the Plan Commission for a public hearing on April 7, 2021.

Mr. Sheeran made a motion to defer Resolution No. 2021-02-22; Mr. Kennedy seconded the motion. Motion carried unanimously by roll-call vote.

Mr. Kennedy Aye
Mr. Sheeran Aye
Ms. Wohland Aye
Mr. Lareau Aye

B. Public Hearing Announcement – St. John Smiles
Mr. Lareau advised that the next item on the agenda is a public hearing announcement for St. John Smiles of 9484 Wicker Avenue. The petitioner will be seeking a Special Exception request on April 19, 2021.

PUBLIC COMMENT:

None was had.

ADJOURNMENT:

Having no further business, Mr. Lareau adjourned the meeting at 7:07 p.m.

Respectfully submitted;

Margaret R. Abernathy, Recording Secretary
St. John Board of Zoning Appeals

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