St. John Indiana - Founded 1837
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March 23, 2015 Board of Zoning Appeals Minutes

Jim Maciejewski, PresidentAttorney Tim Kuiper
Ken Schneider, Vice-PresidentSteve Kil
Steve Hastings, Secretary 
Tom Ryan 
Paul Panczuk 

CALL TO ORDER:


Mr. Jim Maciejewski called to order the meeting of the Board of Zoning Appeals for Monday, March 23, 2015, at 7:03 p.m.

(The Pledge of Allegiance was said.)

ROLL CALL:


Roll call was taken by Susan E. Wright, Recording Secretary, with the following members present: Jim Maciejewski, Ken Schneider and Steve Hastings. Tom Ryan and Paul Panczuk were absent. Steve Kil was absent. The Board’s attorney, Tim Kuiper, was present.

Mr. Maciejewski requested that formal notice of Mr. Tom Ryan’s resignation be submitted to the Board so that the minutes could accurately reflect the make-up of the same. Attorney Kuiper noted he would take care of this matter.

ELECTION OF OFFICERS:


Mr. Maciejewski noted the first item on the agenda was election of officers for calendar year 2015. He stated he would entertain motions for the offices.

Mr. Schneider made a motion to nominate Jim Maciejewski to the position of president for 2015. Mr. Hastings seconded the motion. The motion was carried by voice vote (3/0). Ayes --- all. Nays --- none.

Mr. Maciejewski stated he would entertain a motion for the position of vice-president for calendar year 2015. Mr. Hastings nominated Ken Schneider for the position of vice-president. Mr. Maciejewski seconded the motion. The motion was carried by voice vote (3/0). Ayes --- all. Nays --- none.

Mr. Maciejewski stated he would entertain a motion for the position of secretary for calendar year 2015. Mr. Schneider made a motion nominating Steve Hastings to the position of secretary. Mr. Maciejewski seconded the motion. The motion was carried by voice vote (3/0). Ayes --- all. Nays --- none.

APPROVAL OF MINUTES:


OCTOBER 27, MEETING

Mr. Maciejewski noted the minutes of October 27, 2014, were before the Board for their consideration. He asked if there were any comments or corrections. The Board members had no comments or corrections.

Mr. Maciejewski stated he would entertain a motion on the minutes of October 27, 2014. Mr. Schneider commented that he was not present at this meeting. Mr. Hastings made a motion to approve the minutes of the October 27, 2014, as submitted. Mr. Maciejewski seconded the motion. The motion was carried by voice vote (3/0). Ayes --- all. Nays --- none.

NEW BUSINESS:


There was no New Business before the Board.

OLD BUSINESS:


A. DICUSSION ON ENGINEERING REPORT FOR PLAYHOUSE --- 8990 TAPPER STREET --- CONTINUED PUBLIC HEARING --- TIM SALAMON.

Mr. Maciejewski announced the first item under Old Business was discussion on the engineering report for the playhouse located at 8990 Tapper Street. Mr. Tim Salamon, Petitioner, 8990 Tapper Street, appeared before the Board.

Mr. Maciejewski noted an engineering report from James F. Gianni & Associates had been submitted by the Petitioner. Mr. Maciejewski asked the Petitioner if there was anything in the report that he felt he would not be able to comply with. Mr. Salamon stated all of the issues in the report were very minor and he should be able to comply with all of the recommendations in the report.

Mr. Maciejewski asked the Board members if they had any questions or comments on the report. There were no questions or comments from the Board members.

Mr. Salamon stated the playhouse has been sitting “as is” since he was directed to get an engineering report. He stated he had delayed doing any of the work recommended in the report until he appeared before the Board and secured their direction.

(General discussion ensued.)

Mr. Maciejewski referred to the minutes of August 25, 2014, wherein it was indicated that Petitioner was using extension cords to run power to the playhouse. He noted the engineering report reflects that there are junction boxes and electrical outlets installed.

Mr. Salamon acknowledged these were correct statements. He stated that when it is warm outside and the children are actually in the playhouse, he ran power from the house off of an extension cord. Mr. Salamon stated that there is conduit inside of the building, but nothing has been installed. He stated he would like to run power to the playhouse at a future date.

Mr. Hastings commented that per the Town’s ordinances, outbuilding/accessory buildings are limited to 160 square feet. He noted the height requirement is 14 feet. Mr. Hastings noted that the playhouse height and square footage exceed the Town’s ordinances.

Attorney Kuiper noted, for the record, that this matter was originally advertised for a public hearing in August for a developmental variance on the square footage (accessory building) and the height. He stated that these two items along with the engineering report were before the Board for their consideration and review at this time.

(General discussion ensued.)

Mr. Hastings stated he is in agreement with the engineering report in strengthening the structure. Mr. Schneider concurred.

Mr. Schneider stated his understanding was that there wasn’t going to be electric in the playhouse. Mr. Salamon stated he had wanted to run electricity to the playhouse, but he would have to hire an electrician. Mr. Schneider remarked the addition of electricity would make the structure a little bit more than a playhouse. Mr. Salamon stated the playhouse gets hot in the summer and a fan was used. Mr. Salamon stated if the electricity was a “make or break” issue, they could do without it.

Mr. Maciejewski opened the public hearing. He called for public comment. There was no public comment. Mr. Maciejewski closed the public hearing and brought the matter back before the Board.

Mr. Maciejewski stated, from the Board’s standpoint, electrical to the playhouse is a concern. He stated that this issue could be a condition for approval/disapproval.

Mr. Maciejewski noted, at the last meeting, it was the consensus of the Board that if the structure was evaluated and made to comply with the Town’s code and made sound, consideration would be given to the area and height of the playhouse. He informed the Petitioner that had he gone through the proper channels in Town and sought a building permit ahead of time, he would have been asked to do a number of things including submitting a drawing to the Building and Planning Department.

Mr. Maciejewski stated he believes this drawing should still be generated and inclusive of what the playhouse consists of in addition to what the report details as “a series of corrections.” He stated this drawing, as described, would form the basis for a building permit. Mr. Maciejewski stated that this would give the Town something to review the structure against.

Mr. Maciejewski stated submitting a drawing would be consistent with what would have happened had the Petitioner approached the Building Department first. He stated that there is also a plat of survey requirement. Mr. Maciejewski noted that all of the drawings and surveys that the Building Department would need to issue a permit should be submitted by the Petitioner.

Attorney Kuiper noted that there would have to be compliance in order for the playhouse to pass inspection. He recommended that the Petitioner remediate the items mentioned in the engineering report. Attorney Kuiper stated that if the Board were so inclined to allow the building to be electrified, the inspection would ensure that the electrical work was properly done.

(General discussion ensued.)

Mr. Hastings requested that a fire extinguisher be attached inside the playhouse, for safety’s sake. Mr. Salamon acknowledged Mr. Hastings statement and stated that a fire extinguisher would not be a problem.

Mr. Maciejewski stated the structure would not be able to be occupied until a Certificate of Occupancy was issued.

Mr. Maciejewski asked the Petitioner if he anticipated the project would take more than a month. Mr. Salamon stated as soon as he knows what has to be done he would get a timeline as to how long the work would take.

Mr. Schneider asked if the engineer from Gianni & Associates would review the playhouse after the corrections are made. Mr. Salamon stated that the engineer would come back when Mr. Salamon was provided with a list from the Board of Zoning Appeals.

Mr. Maciejewski asked if any of the Board members felt the Petitioner’s request should be denied on the basis of height and size.

Mr. Hastings remarked that approving the playhouse as is does set precedent.

Mr. Schneider stated this was another example of coming to ask forgiveness after the fact. He stated one mitigating factor was that all of the neighbors that were present at the last meeting had no problems or complaints with the playhouse.

(General discussion ensued.)

Mr. Maciejewski stated he would entertain a motion on the developmental technical variances for a height increase of the structure as it exists and an area increase from 160 square feet to a total of 328 square feet, referencing and incorporating the findings of fact, setting forth the contingencies that all required documents of the Building and Planning Department be submitted by the Petitioner in order to obtain the building permit including but not limited to sealed drawings and a plat of survey, a timeline and/or overall completion date no later than the end of May, 2015, a final engineering report to be submitted to the Building and Planning Department at the conclusion of the project verifying that all of the deficiencies have been corrected and any electrical improvements must be in full compliance with the Town of St. John Building Code. “So moved,” by Mr. Hastings. Mr. Schneider seconded the motion.

Mr. Maciejewski requested a roll call vote. Steve Hastings --- yes. Ken Schneider --- yes. Jim Maciejewski --- yes. The motion was carried by roll call vote (3/0).

Mr. Maciejewski directed the Petitioner to go to the Building and Planning Department with any questions he had about the submission requirements.

Mr. Hastings commended the Petitioner for hiring a contractor to inspect the playhouse; he opined that the safety of the children is of the utmost importance to the Board. Mr. Salamon concurred.

OPEN TO THE FLOOR FOR PUBLIC COMMENT:


Mr. Maciejewski opened the floor for public comment. He called for public comment. There was no public comment. Mr. Maciejewski closed the floor to public comment.

ADJOURNMENT:


Mr. Maciejewski asked for a motion to adjourn. Mr. Schneider made a motion to adjourn the meeting. Mr. Hastings seconded the motion. The motion was carried by voice vote (3/0). Ayes --- all. Nays --- none. (The meeting was adjourned at 7:35 p.m.)

A TRUE COPY

_______________________________________________Susan E. Wright, Recording Secretary
St. John Board of Zoning Appeals