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BZA minutes are transcribed in a summarized manner. Video footage is available for viewing in the (CATS) Audio-visual Department of the Monroe County Public Library at 303 E. Kirkwood Avenue. Phone number: 812-349-3111 or via email at the following address:

The Board of Zoning Appeals (BZA) met in the Council Chambers at 5:30 p.m., members present: Aquila, Hoffmann, Klapper, Throckmorton (Baker absent).


**Hoffmann moved to approve the 4/21/16 minutes as distributed. Aquila seconded. Motion carried unanimously.


James Roach, Development Services Manager, asked the remaining board members who didn't sign the Conflict of Interest Statement at last month's meeting to please do so. Completed forms will then be forwarded to the City Legal Department to keep on file.


ยท V-9-16 Three Guys Funding, LLC

1909 W. 3rd St.

Request: Variance from karst conservancy easement standards to allow development within a karst feature, the required 25-foot easement area, and a building within the required 10-foot setback

Case Manager: Jackie Scanlan

Jackie Scanlan (Senior Zoning Planner) presented the staff report. The subject property is located on west 3rd Street near the intersection of 3rd and Cory Lane, and is zoned Commercial Arterial (CA). The GPP (Growth Policies Plan) designation is Community Activity Center. The property is currently vacant except for a billboard at the northeast corner along 3rd Street. The variance is to allow development in the last closed contour of a karst feature; the southwest corner of the petition site. It's also to allow development in the 25-foot karst conservancy easement that surrounds the karst feature, and to allow building in the 10-foot building setback that is on the outside of the karst conservancy easement. This involves three commercial buildings, approximately 19,300 square feet of commercial space that totals 5 leased spaces. There are 50 on-site parking spaces. Scanlan noted the project is being planned over jurisdictional boundaries. The portion we'll speak about tonight is within the city limits. There is a Lot immediately to the south that is outside city limits, and another Lot to the west that goes through to Cory Lane that is also outside the city limits. The property accesses from both 3rd and Cory. The karst feature is particularly large at 11.17 acres and is primarily located west of Cory Lane. There is a 5,070 sq. ft. portion of that 11.17 acres that is located on this site. The way the Unified Development Ordinance (UDO) defines a karst feature is by its last closed contour, so that's the 852-foot elevation contour for the site. Inside of this karst feature contains 7 residences, 5 commercial structures and 2 roads, including the redone 3rd & Cory intersection. One of the unique site characteristics of this property is the size of the feature, and also the size of the regulated portion on this Lot compared to the large size of the karst feature, which is approximately 1 percent of the entire feature. A variance was granted in 2005 that established the 838-foot elevation contour as the "no land disturbance" limit-west of Cory, and that was established for the entire subdivision. This area in blue would be a "no disturbance" area. This area, mostly north of 3rd Street, is also the regulated "no disturbance" area based on the UDO. This area comes down a little bit onto Cory but is primarily north of 3rd Street. To add another layer; the contiguous single-family Lots that are located on Cory Lane are not in the City. So they are not held to our karst standards but they're held to county karst standards. The County looked at these Lots and determined that the area (circled in red) along the Cory Lane frontage would be the only area that would be regulated by their regulations as having no disturbance. This is pertinent to the case in that none of the portions of these Lots that area contiguous to the site would be held to any karst development restrictions. This includes the single-family residences and the Lot immediately to the south of the petition site that is part of the larger holding. The portion of the site that's regulated is not contiguous to any of the other "no disturbance" areas of the karst feature, and is roughly 250 feet from the 100-year, 48-hour event limit which is located in the blue area that we discussed on the west side of Cory Lane. The Plan Commission approved the proposed site plan with four conditions at their May 2nd meeting with a vote of 6:1. Staff found peculiar condition in the fact that only 1 percent of the karst feature is located on this parcel; all of the contiguous parcels that are in the UDO-defined karst feature are developed, and the 1 percent area is not contiguous to any other portion of the karst feature in which development is currently restricted. Practical difficulty was found in that the .116 acre area is entirely outside of what has been previously established as a protection zone for this karst feature through previous variances, and that the restriction of this area would not contribute to protection of this karst feature because of where this Lot is located in relationship to where development is already located within the feature. Staff recommends approval of this petition based on the written findings, including the following conditions:

1. The petitioner shall record a written commitment to use no pesticides and a minimal amount of salt chemicals on the site. The commitment must be recorded before any occupancy permits are issued.

Jeff Fanyo, Bynum Fanyo & Associates, spoke for the petitioner. Two representatives from Three Guys Funding are also present (Ray McCann and Mr. Hyduke) as well as Jason Krothe from Hydrogeology, Inc. Fanyo said the karst feature is really a swallow hole and not a sinkhole. An independent, licensed hydrogeologist was hired to review the proposed plan and verify that it didn't meet the standards to protect the feature. At that point, Jason (Krothe) made some recommendations regarding salt and no pesticides and those recommendations were added as conditions of approval. This is a unique property because it's within two jurisdictions. As you can see from your packet, there are different protection areas regarding the 100-year event. In 2005 the City undertook a hydraulic study to determine the flood limits of the sinkhole. The City also acquired a couple of properties that are just south of 3rd Street where they have a water quality feature that was part of the 3rd Street construction. Again, all within the karst feature and close to the eye of the swallow hole. The black line on the drawing is the area within the County's jurisdiction. The areas shaded in light grey have already received site plan approval from the County to develop those two tracts. The red line is the 852 contour-that's the area that we're talking about. So we have a little bit of a doughnut hole that is on our property and surrounded by already developed property, as well as part of our property where we already have site plan approval by the County. No damage will be done to the existing karst feature. Rates and volume of flow will be maintained.

No public comments.

**Joe Hoffmann moved to approval V-9-16 based on the written findings, including the one condition outlined in the staff report. Klapper seconded. Motion carried 4:0-Approved.

Meeting adjourned.