BZA 10-08-2020 - Laserfiche WebLink

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Mooresville Board of Zoning Appeals October 8, 2020 could see the proposed development of the land. Bob Stewart of 745 Indianapolis Road asked for clarification of the cut in the concrete. RHE clarified that under 12, development would include a 24 -foot concrete pad in front of the storage units and a 6 -foot -high masonry wall. Bob Stewart asked the follow-on question if under B3 zoning, there would be no doors facing the residences, just white metal walls, Scott Mattingly stated that the B3 plan protects neighboring residential owners by not putting a driveway between the storage unit doors and the residential properties, John Fenway remarked that commercial storage units could not be built on I2 zoned properties under the Mooresville UDO. RHE cut him off by stating that that issue would be addressed by the Planning commission. Beth Copeland retorted that that comment was inappropriate coming from RHE; only Legal could speak to the interpretation of the UDO; David Sadler stated that he was concerned about the protocol and consistency in the way business is conducted by the Board. He then made the motion that the BZA not address variances on the properly until such time as the rezoning is approved by the Planning Commission and the Town Council. RHE interjected with a call for a continuance. Neal Allman seconded David Sadler's motion. RHE stated that the intent was to move with the appropriate variances so that the community would know what to expect from development. Beth Copeland stated that the Board could motion for a continuance or a motion to deny. David Sadler stated he was willing to amend his motion to a motion of continuance. Neal Allman seconded the motion and Mike Young counted a unanimous vote of the Board. Beth Copeland stated to RHE that with a continuance approved, there would be no need to send out green cards. Next on the agenda 601 Peaceful View Drive. Petitioners were Holly and Jeff Jones, owners of the property. Mr. Jones presented a single page of bullet -pointed Points of Interest. Holly Jones stated that they are a fully licensed in-home daycare, but to acquire a full license for more than 5 children per day, they require a variance. Mike Young interjected and said that he saw on Facebook that this would be the third childcare center opened by the petitioners. Ms. Jones stated that it would only be the second. She resides in the first and another family member resides in the second. Jeff Jones stated that Indiana State Law requires a resident living in the home where the center is operated; the person living in the 601 Peaceful View Drive home is an employee of the Daycare Centers. Neal Allman asked how many children are allowed to be in the daycare center if the variance were granted. The petitioners stated that 16 children would be the limit. Currently on average they accept 12 to 14 children per day at the other daycare center they operate. They wish to follow all licensing requirements and have all required periodic inspections. Currently, there are a limit of 5 children in the center for which they are requesting variance. David Sadler asked if they were requesting variance from RI to R2 — he stated if so, they would be required to refile. The petitioners said that they had specifically requested the help of Tim Bennet, and that a neighboring home daycare center, Jackie's Daycare, had received a variance to operate with more children, but had closed because of Covid 19 restrictions. Mike Young called for Public comment, Mark Price of 501 Bluegrass Court claimed to live across the street from the address in question and believes that no one truly lives at the address as required. He pointed out that parents dropping off and picking up use the cul-de-sac as a turnaround (no cul-de-sac shown in the photo of the property provided by the petitioners) Mr. Price stated that the petitioners had tried to open another in-home dayeare center behind his house. He does not want a business operating in his residential neighborhood and claims that other residents feel the same. Mr. Price stated that the school bus stop is on his corner and that parents of the children in the petitioners' daycare center are driving by at the busiest traffic hours of the day. He stated that he "dang sure" doesn't want two in-home daycare centers on either side of his house. Lauren Sparks of 1073 Dellawood Court told the Board that her daughter attends the in-home daycare center run by "Miss Ally" and drop-off and pickup is required to be under 2 minutes and is limited to two hours each day. Ms. Sparks told the Board that her daughter is 2, and she has progressed tremendously in learning her colors and letters. Ms. Sparks believes that the petitioners' business cares very much about the children and sets them up to be successful, Another neiehbor who did no[ put lv.sr name on thr; iy;n-in : lua<;t who lives at 503 Bluegrass Court stated that she has lived in the neighborhood for 7 or 8 years, Slic claimed that the other location operated by the petitioners is Pa