The Plainfield Board of Zoning Appeals met on Monday, April 20, 2009. In attendance were Ms. Duffer, Mr. Cavanaugh, Mr. Gibbs and Mr. Monnett.
ROLL CALL/DETERMINATION OF QUORUM
Mr. Carlucci administered the Roll Call.
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES
Mr. Gibbs made a motion to approve the minutes of the February 19, 2009 Board of Zoning Appeals meeting as submitted. Second by Ms. Duffer. Motion carried.
Mr. Cavanaugh abstained from voting on the minutes since he was not present at that meeting.
OATH OF TESTIMONY
Mr. Daniel administered the Oath of Testimony.
PUBLIC HEARINGS
(Podium mic was poor or not working).
Mr. Monnett reviewed the Guidelines Governing the Conduct of Public Hearings. Tonight we have BZA-09-003, Patrick W. Thompson, 37 Butler Drive requesting a Variance of Use to allow two dwelling units on one lot in the R-4 District.
Mr. James said (inaudible). This request is a Variance of Use to allow two dwellings on one lot in the R-4 District at 37 Butler Drive. At one time the garage was a legal nonconforming use (inaudible). In 2006 the Board granted a variance to Norman Albershardt to allow the expansion of the 1,080 square foot garage. It was to be used as storage. In 2007 a stop work order was issued when the Staff was notified the garage was being converted into living space by the petitioner, Pat Thompson for Mr. Albershardt. The board made a motion to rescind the stop work order to allow repair of the roof and the furnace. Then in September of 2008 we received word that the petitioner, Mr. Thompson was in the process of moving into the garage to use it for a dwelling unit. In essence the BZA's motion was ignored and Mr. Thompson went ahead and converted the garage into a dwelling unit without a building permit.
Here is the site. Here is Butler Drive and the garage sits actually on Michael. The site is zoned R-4 Residential. The lot size is 13,000 square feet and is about 200 feet deep. Here is a better view of the lot. Here is the garage back here and here is the house, here is Butler (inaudible). There are four parking spaces up here. (Inaudible). This is a photograph of the garage (inaudible). So, the garage was converted without a building permit. The garage dwelling is in violation (inaudible) building code. Separate sewer (inaudible).
Staff comments, questions and concerns: At one time the garage and the dwelling were a legal nonconforming structure and use. It lost its nonconforming status when the garage was vacant for more than six months. There is enough off-street parking on the site to satisfy the four required parking spaces for the house and the garage/dwelling. The petitioner has stated that there are several existing legal nonconforming apartments in the surrounding area so the use of the garage as an apartment is not totally incompatible wit the area. Based on a tour of the area there were no other apartments on Butler Drive but there were several attached duplexes on Michael and Stevens Drive to the south that were legal nonconforming zoned R-4. The difference is these units were built as attached duplexes and did not involve detached conversions. The converted garage is in violation of the Town's building code. A building permit is required to bring the garage into compliance with the residential dwelling building code. Should the variance get denied what is to prevent other owners from using the garage as an apartment? What measures can be taken to make sure this violation does not occur again? So, with that I will have a seat and Mr. Thompson is present.
Mr. Patrick Thompson said my legal address is 10101 Old National Road, Indianapolis.
Mr. Carlucci said I guess the board probably wants you tell them why you did what you did out there.
Mr. Thompson said first of all (inaudible) apartment in it. It had a very very bad bathroom in it. It has always been heated. Mr. Albershardt (inaudible). Charles owned that property and his son lived in that garage for I know seven or eight years. It had a fairly substantial apartment in it, which it looked to us (inaudible). The garage itself was used as a semi truck repair shop (inaudible) that is why all the pavement around it. (Inaudible). What we did (inaudible) needs constant care and he was going to put his office up there but (inaudible). That was just remodeling what was existing there. The apartment was on the second floor and it had no windows in it or anything else. So, we (inaudible). (Inaudible) sell (inaudible) if the variance could be granted. He has had a very difficult time with (inaudible). The only way that I could do it would be a residence for myself. (Inaudible). (Inaudible) it's a two bedroom house. I did have a friend of mine who was at an apartment. When the apartment got sold, he got evicted (inaudible). He had no place to go and I let him stay there for two months until (inaudible) house. That is the extent of it (inaudible). I really haven't done any work to it (inaudible). I really can't say anything else other than that. (Inaudible). That's about it. Are there any questions for me?
Ms. Duffer asked, who is living in the apartment currently?
Mr. Thompson said I stay there on occasion. Nobody is really living there.
Ms. Duffer asked, so you are not renting it out?
Mr. Thompson said (inaudible). Like I said I have a residence down there as well. My goal is to stay here during the winter.
Ms. Duffer asked, and live in the house in front?
Mr. Thompson said the apartment if you guys (inaudible). I can't afford to keep the property without renting the house. (Inaudible).
Ms. Duffer said so you own the property currently.
Mr. Thompson said I'm buying it on contract from Mr. Albershardt.
Mr. Monnett said the one residence is going to be for you and the others for your ex-wife and your son, is that right?
Mr. Thompson said initially (inaudible).
Ms. Duffer said so Ms. Jenkins is renting the house currently.
Mr. Monnett asked, when did that lease start?
Mr. Thompson said (inaudible).
Ms. Duffer said so she is living in the home and she has been there since October.
Mr. Thompson said (inaudible).
Ms. Duffer said and her rental agreement is with you since you are buying the property on contract.
Mr. Thompson said (inaudible).
Ms. Duffer said since the stop work order was issued there has been no additional work done to that apartment, is that correct?
Mr. Thompson said (inaudible).
Ms. Duffer said the roof and the furnace.
Mr. Thompson said (inaudible).
Ms. Duffer said the furnace is not done.
Mr. Thompson said (inaudible).
Mr. Daniel said Mr. Thompson did you say you lived in the apartment a couple of months last fall?
Mr. Thompson said actually (inaudible).
Mr. Daniel asked, what months were those?
Mr. Thompson said I was gone for a couple of weeks in October; not October but a couple of weeks in December. I was back in Florida for almost a month. I came back in January from there. This buddy of mine who lost his apartment stayed and I stayed with him for (inaudible).
Mr. Daniel asked, you stayed in the apartment part seven to eight weeks?
Mr. Thompson said yes off and on.
Mr. Daniel said I thought you said the furnace wasn't working.
Mr. Thompson said (inaudible).
Mr. Daniel asked, was that after you were told that you weren't to move into that property?
Mr. Thompson said no I don't believe so. (Inaudible).
Ms. Duffer said so you are purchasing this on contract at the moment and he and his wife are not living there currently.
Mr. Thompson said no.
Mr. Monnett said when you bought the property, did he explain to you about the water and sewer and all of that problem?
Mr. Thompson said (inaudible). That thing has never been idol for six months.
Ms. Duffer said but he didn't explain to you that if you want to convert it to a facility where you rent an apartment that you can rent, by our ordinances that you have to have two separate sewer systems?
Mr. Thompson said for 30 years that bathroom was being used (inaudible).
Ms. Duffer said but it was used as garage and not as an apartment.
Mr. Carlucci said the issue is the BZA I think made it very clear to him that you are not to do this. As far as I can tell by Joe's report from the dates of the hearings he ignored what the BZA told him to do.
Mr. Thompson said could you speak into the mic; I can't hear.
Mr. Carlucci said I don't have good eyesight so we will make a good pair here tonight. The Board of Zoning Appeals made it pretty clear; I think they have been here three or four times now, and they made it pretty clear the last time that you were in here that it was not to be a dwelling unit. Nobody was to be living there.
Mr. Thompson said (inaudible).
Mr. Carlucci said please don't interrupt me and I won't interrupt you. They specifically said this is what could be done. I don't know if those things were done or not but it did not say that you could convert it to a living unit. Joe am I clear on this? That was not the intent in the motion of the BZA?
Mr. James said right. It was not to be used as a dwelling unit. It could be used as a storage case as part of the condition of the variance.
Mr. Thompson said you see I was totally unaware of that. (Inaudible).
(Inaudible).
Mr. Thompson said (inaudible).
Mr. James asked, who did the work in the garage?
Mr. Thompson said (inaudible).
Mr. James said (inaudible).
Mr. Thompson said I negotiated (inaudible).
Mr. Monnett asked, the work on the garage the building inspectors were never there, right?
Mr. Thompson said that is correct. Do you have any other questions?
Mr. Monnett said I don't.
Ms. Duffer said thank you.
Mr. James said (inaudible) as far as the shower and restroom being used yes they could be used but (inaudible). Mr. Thompson said this was the first he was aware of this (inaudible).
Mr. Monnett asked, is there anyone in the audience who would care to speak on this matter?
Mr. Robert Roe at 21 Michael Drive said I've lived there for 24 years. I've lived (inaudible) so it's been there for a long time. I remember when the garage was built. (Inaudible) semi tractor. They had an attic in it as far as (inaudible) and stuff like that (inaudible). As far as I can remember there has never been a postbox outside of that building for mail purposes to even be considered a dwelling. I can tell you (inaudible). It's kept in a lot better shape (inaudible). Even when the garage was built years ago it was taller than any structure that was in the neighborhood (inaudible). He kept it up (inaudible). It was never intended to be a residence. (Inaudible). Right now it doesn't look (inaudible) right now what I would call a dumpster that is more for business rather than residential sitting in the back of the lot. It does have parking back there but there is no grass or sidewalk. We do have kids that go over that street a lot of times so I think it is okay for a garage but I don't think (inaudible). I have pictures if you want them. Do you have any questions? That's all I really have.
Ms. Duffer said in your opinion then you disapprove of this being a residence?
Mr. Roe said I strongly (inaudible).
Mr. Daniel administered the oath to the below speaker.
Ms. (Inaudible) said (inaudible). The front of our house faces the garage (inaudible). We have right now a dumpster, a toy truck, a boat and a junk yard sitting in our (inaudible). Basically, there is really no parking space back there. (Inaudible). I've tried very hard to make our property look nice and that makes (inaudible) trash.
Ms. (Inaudible) said (inaudible).
Ms. (Inaudible) said (inaudible).
Mr. Norman Albershardt at 1141 E. Hadley Road said yes I am the titled owner (inaudible). Concerns addressed about the dumpster whenever we had a meeting last year sometime (inaudible) be able to continue repairing the roof (inaudible). That is what the dumpster is there for because there are still things that need to be discarded for that roof repair and also we were permitted to go ahead and do whatever is necessary to get heat in there so that the pipes won't freeze and the electric and furnace (inaudible) is what is doing the job in the bathroom area now. In the bathroom area has been a bathroom ever since I bought the property and added in the shower is a slop sink and a toilet and an old washing machine because the man that was renting it that was expressed earlier was in the repair business (inaudible). I don't know what they call them; tractors I guess (inaudible) semi. Anyhow there is a leftover transmission and engine block (inaudible). It was pretty obvious what he was doing. It has improved the beauty of it (inaudible) I would say compared to what it was when I first bought the property. There are still things that have to be disposed but at the time that you put the stop work order on it and it was followed up with a meeting that we had in this room that was referred to earlier we did let Mr. Thompson know that we are not allowed to go any further other than those items that I just (inaudible). If he has gotten a pallet or bed or something in there, I wasn't aware of that but he did tell me that he had for emergency purposes (inaudible) Florida or whatever (inaudible) he stayed over (inaudible). (Inaudible) still some things to do to make sure that if we have another rough winter that the pipes don't freeze in that bathroom.
Mr. Monnett said you talked earlier about the stop work order and I know when this board made a motion to rescind that so that you could at least work on the roof and the furnace, that it also stated that you needed to obtain another building permit so you could remove all of the trash from the property and keep a neat appearance.
Mr. Albershardt said all of the trash had been removed four different times. It kept being a place for the other people in the community would come by and fill up the dumpster without permission and really there was no control over that.
Ms. Duffer asked, when was the contract between you and Mr. Thompson signed so that he could purchase your property?
Mr. Albershardt said I just turned 75 so this ole brain is having a little trouble. I can't remember exactly. We talked about it for quite some time about the possibility of it and then (inaudible) but the date of that I can't recall. Do you recall?
Mr. Thompson said (inaudible).
Mr. James said I have a copy of the quick claim deed with the date of February 27, 2009.
Ms. Duffer said prior to that when you were here at the board the last time who was doing the work on your property then on the apartment?
Mr. Albershardt said Lee Carpenter, various people showed up depending on their expertise (inaudible).
Ms. Duffer said and you told him specifics about coming to the board and the stop work order so he was aware of that.
Mr. Albershardt said yes. Something was mentioned at the last board meeting that I pointed out a hardship in getting back and forth to the house where I had to look after my wife. A comment was made sort of off the cuff (inaudible) well he must not have been very busy taking care of his wife because he has been over here everyday. That wasn't true. As a matter of a fact, that was a really (inaudible) lie but it may be that she just wasn't aware. She wasn't observing out that (inaudible) window to know that I either brought my wife with me or I had a babysitter for my three year old in a 75 year old body. (Inaudible). Albershardt is a German name. It is “Albers (hardt)”. There is no “sh” sound like in Schwartz or Snodgrass unless there is a “c” in the middle. The same way with “ph's”; Gephardt.
Mr. Roe said I wanted to clarify that we live (inaudible) first house. (Inaudible) as far as (inaudible) look at the pictures that I took (inaudible). As far as I'm concerned this is a pretty accurate picture of it. It is not a thing of beauty although (inaudible) and there is (inaudible) a boat (inaudible). Anyway the other thing is this particular structure doesn't lend itself with any of the other structures on that lot. It is higher than most of them and we do have some doubles on it but they do look like homes (inaudible). This here (inaudible).
Mr. Thompson said the gentleman that just spoke I understand what he is saying. That structure is not going to change. The only thing that can happen to that structure is it would be painted, it would be finished. I was going to seek a permit to put a privacy fence around it. (Inaudible). I also would like to make a statement. I believe I sent certified letters to 16 or 17 (inaudible) of which I believe two are (inaudible). All of the rest are absentee owners. (Inaudible) property I think there are six duplexes within a 100 yards of this place. A lot of the properties are in disrepair. The property right next to this one (inaudible) is heavily overgrown; miles of brush this tall in the yard. The house on the other side of the garage (inaudible) five or six years and that house is also in disrepair, siding falling off it, etc., etc. (Inaudible).
Ms. Duffer said Mr. Thompson I have another question for you. On your findings of fact that you were requested to complete number four asked specifically what kind of hardship there would be if this variance was not granted. And you put that you had no place else to live.
Mr. Thompson said that is true other than Florida. (Inaudible).
Ms. Duffer said so your residence in Indianapolis is not a physical residence where you live?
Mr. Thompson said no.
Ms. Duffer asked, is it just a post office box?
Mr. Thompson said yes………well no it's an actual commercial address. I had my shop there for 10 years (inaudible).
Ms. Duffer asked, what kind of shop would that be?
Mr. Thompson said it is (inaudible) contactor but a very good friend of mine (inaudible). So, my shop is (inaudible) which is my hobby. They mentioned a car there. I drive a 20 year old Saab and (inaudible) been my hobby since my military days. I bought an old Saab for my car, which you know it is 20 years old and it is a very nice looking car.
Mr. Monnett asked, is that car currently plated? The one that is parked out here?
Mr. Thompson said no; I just bought it three weeks ago. (Inaudible).
Mr. Carlucci asked, is your business address in Hendricks County or not?
Mr. Thompson said yes; 10101 Old National Road is in Hendricks County even though it has an Indianapolis address.
Mr. Carlucci asked, is that the area that is on the south side of U.S. 40?
Mr. Thompson said it is about a mile from there. If you want proof of my address, I have correspondence for like 10 years.
Mr. Carlucci said nobody is questioning that. There are a lot of addresses when you go up basically that road all of those addresses, all of those subdivisions are in the Town of Plainfield but they have an Indianapolis address.
Mr. Thompson said I totally understand. I have property in Brownsburg and my address was Pittsboro (inaudible). I don't quite get it but that is the way that it is. Is there anything else?
Mr. Monnett said thank you. Is there anyone else that would care to speak on this petition? If not, I'm going to close the public portion of this and open this up for discussion amongst the board or a motion.
Mr. Cavanaugh asked, has there ever been a building permit issued for the (inaudible)?
Mr. (Inaudible) at 1116 E. Buchanan, Plainfield said the original structure is the tall portion (inaudible). The little bump-out (inaudible). Other than that (inaudible).
Mr. James said this bump-out is when the variance was granted in 2006 to expand the garage. This garage was already larger than the house. They had to get variances to get the garage even more nonconforming.
Mr. (Inaudible) said (inaudible).
Mr. Cavanaugh said (inaudible).
Mr. Monnett said when the building permit is issued, there is a length of time that it is good for, right? If it expires, they have to come back and get another one, correct?
Mr. James said yes.
Mr. Monnett asked, what does that permit state about the dumpster or trash? Like the dumpster can be there for so long.
Mr. James said for construction they are allowed a dumpster.
Mr. Monnett said for that time of the building permit, is that correct?
(Inaudible).
Mr. Cavanaugh said (inaudible). From my study of the situation I can't find anything (inaudible). I make a motion that the Board of Zoning Appeals deny BZA-09-003 as filed by Patrick W. Thompson requesting a Variance of Use to allow two dwellings on one lot in the R-4 District at 37 Butler Drive. Second by Mr. Gibbs. Roll call vote called.
Ms. Duffer – yes
Mr. Cavanaugh – yes
Mr. Gibbs – yes
Mr. Monnett – yes
4-ayes, 0-opposed, 0-absent. Motion carried.
OLD BUSINESS/NEW BUSINESS
None.
ADJOURNMENT
Ms. Duffer made a motion to adjourn. Second by Mr. Cavanaugh. Motion carried.
