HomeMy WebLinkAboutMinutes BZA 05-23-88 CAIMEL BOARD OF ZONING APPEALS MINUTES - MAY 23, 1988
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The regular meeting of the Carmel Board of Zoning Appeals was called to order by
Gilbert-Kett-, Chairman, on May 23, 1988 at 6:50 P.M. on May 23, 1988 at the City Meeting Nall
was opened with the Pledge of Allegiance.
The roll was called and members present were: Gilbert Kett, Tom Irvin, Ila Badger
and Hal Thompson. Jeff Davis arrived at 8:30 P.M. .
Staff members present were Wes Bucher, Chuck Kiphart, Dave Cunningham, Rick Brandau,
Gordon Byers and Dorthy Neisler.
Mrs. Badger moved that the minutes from the April 25, 1988 meeting be approved as
submitted.
Mr. Thompson seconded.
Motion carried.
G. PUBLIC HEARINGS
lg. 7:00 P.M. , Public Hearing on Docket No. S 22-88 Special Use Application for
Basic American Industries, Inc. Parcel in question is located on West 96th
Street that property surrounding Twin Lakes Country Club. Petitioner is
requesting special use approval to construct a private sewage treatment plant,
to temporarily serve The Green development until public sewers are available,
as required by Section 7.2 of the zoning ordinance. The proposed facility
will have a capacity of 72,000 Gallon/Day Waste Water Treatment. Parcel is
zoned R-1. This project was tabled at the April 25th meeting.
Filed by E. Davis Coots for Basic American Industries.
ITEM WAS WITHDRAWN
2g. 7:00 P.M. , Public Hearing on Docket No. V 37-88 Developmental Standards
Variance Application for Indiana National Bank. The proposed structure
requires Plan Commission ADLS approval and is requesting a variance from this
board this evening. The variance is from Section 23.2 of the Carmel/Clay Zoning
Ordinance that requires a 120' front yard setback from Keystone (431). Project
has been tabled at petitioners request. Parcel is zoned B-8.
Filed by Tim Stevens for Indiana National Bank.
ITEM WAS WITHDRAWN
3g. 7:00 P.M. , Public Hearing on Docket No. V 42-88 Developmental Standards
Variance Application for George Gratovich located at 4972 Limberlost Trace,
Carmel. Petitioner is requesting a variance from Sections 5.3.2 and 25.2.2
of the Cannel/City Zoning Ordinance. Petitioner request to allow an existing
encroachment of a deck within the required 10' setback line, and to allow an
existing 8' fence in lieu of the maximum 6' by ordinance. Petitioner did appear
before this board to request this same encroachment and was denied, with the
condition that the pool not be finished but only secured for safety purposes.
Item was tabled at April 25th meeting. Parcel is zoned S-1.
Filed by Steve Brown for George Gratovich.
ITEM WAS WITHDRAWN
4g. 7:00 P.M. , Public Hearing on Docket No. V 45-88 Developmental Standards
Variance Application for John C. Brown located at 11713 Eden Glen Drive, Cannel.
Petitioner is requesting a variance from Section 7.3.2 of the Carmel/Clay
Zoning Ordinance, that requires a six foot fence surrounding a swimming pool.
Petitioner would like to install combination five foot and forty two inch
fence, the pool is proposed with an automatic pool cover also. Parcel is
zoned R-1 and is approximately .4 of an acre.
Filed by John C. Brown.
Public Hearing opened at 7:10 P.M.
John C. Brown of 11713 Eden Glen Drive made presentation.
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Site plan was shown and location given.
Landscaping Plan was shown.
Existing fence is 5' and another fence 42" high.
Pointed out the location of the new fence.
Public bearing closed at 7:04 P.M.
Mr. Irvin moved that Docket No. V 45-88 be approved as submitted.
Mr. Thompson seconded.
Findings of Fact were completed by board members.
Approved 4-0
Notion carried.
5g. 7:00 P.M. , Public Hearing on Docket No. V 46-88 Developmental Standard
Application for Joseph R. Clark located at 2091 St. Andrews Circle, Carmel.
Petitioner is requesting to install an automatic pool cover in lieu of the
6' fence required by Section 5.3.2 of the Carmel/Clay Zoning Ordinance.
Parcel is zoned S-1 and is approximately two acres in size.
Filed by Joseph R. Clark.
Public hearing opened at 7:10 P.M.
Joseph R. Clark of 2091 St. Andrews made presentation.
Site plan shown and location given.
Pool is surrounded by golf course.
Landscaping Plan shown.
Between pool and street there is 6' fence made of board and lattice work.
Public hearing closed at 7:12 P.M.
Only view that can be seen is the side that vaces the golf course.
Landscaper is Brent Moore.
Will add more landscaping after pool is in.
4' berm would not be appropriate, possibly additional evergreens.
Mrs. Badger moved that Docket No. V 46-88 be approved as submitted.
Mr. Thompson seconded. .-_
Findings of Facts were completed by board members.
Approved 4-0.
Motion carried.
6g. 7:00 P.M. , Public hearing on Docket No. V 47-88 Developmental Standard Application
for Michael J. Buran located at 12609 Limberlost Drive, Carmel. Petitioner is
requesting a variance from Section 25.2.1 of the Cannel/Clay Zoning Ordinance
which only allows a maximum fence height of 42 inches. Parcel is zoned S-1.
Filed by Michael J. Buran.
Public hearing opened at 7:16 P.M.
Michael J. Buran, 12609 Limberlost Drive made presentation.
Wants to extend 6' stockade fence 24" beyond existing house. Wants to make yard
larger.
Site Plan shown and location given.
Landscaping plan has been presented.
Photos of existing fence were shown and explanation given.
Public hearing closed at 7:20 P.M.
Mr. Kett questioned Mr. Buran if his home is the last one before Clay Jr. High School
and if there was any room for another home.
Mr. Buran stated his property runs right up to the line next to Clay Jr. High School.
Mr. Irvin moved that Docket V 47-88 be approved as submitted.
Mrs. Badger seconded.
Findings of Facts were completed by board members.
Approved 4-0
Motion carried.
7g. 7:00 P.M. , Public Hearing on Docket No. UV 48-88 Use Variance Application for
Charles Lazzara representing Ritz Charles, Inc. , located at 12156 North Meridian ,
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Carmel. Petitioner is requesting a Use Variance to allow the construction of
a parking lot behind his business. The parcel in question and the surrounding
land is zoned S-1. The business itself is located in a B-6 zone and is within
the US 31 overlay zone. The petitioner is proposing an addition to: his existing
structure, and will require Plan Commission ADLS approval.
Filed by Jim Nelson for Charles Lazzara and Ritz Charles, Inc.
Public Hearing opened at 7:22 P.M.
Jim Nelson, 3663 Brumley Way made presentation, representing Meridian Associates
and Ritz Charles, Inc.
Charles Tazzara, owner and operator, David Powers, Powers and Kappes Architecture, and
Joe Shark from Paul I. Cripe, Inc. were present.
Ritz Charles, Inc. of 12156 N. Meridian wants to expand the parking area and building.
Aerial view shown and location given.
Existing facility contains approximately 15,000 square feet.
Wanting to build additional 14,000 square feet.
Request for a Land Use Variance to permit the use of the 5 acre parcel of real
estate for additional parking area. Real estate lies west of existing Ritz Charles.
Site development and landscape plan was shown.
Located on 2.9 acre parcel of real estate.
Currently have 192 parking spaces. Will loose 49 spaces. Want to make additional
parking spaces for 500. Total of 643 parking spaces, serving 29,000 square foot building.
West of existing building is 5 acre parcel for additional parking.
Landscape plant shows plan material that will be installed around perimeter of property
and also within the site. Plant material has been all identified on the Landscape Plan.
Landscape plan submitted with a 4' high mound around entire perimeter on North, West
and South property line.
Alternate plan also submitted at Mr. Kiphart's request.
Mr. Kiphart would appreciate additional time to study both Landscape plans and
determine how much excavation would be remaining after parking lot excavated. Also would
be on site, and give opinion on how best to do landscaping.
Jim O'Neal, Jr. , property owner Northwest of this site showed concern how this
parking would effect his property. Petitioner would provide a total visual buffer
to block view. There is currently a row of pine trees along Mr. O'Neal:':s property line.
Lighting Plan was shown.
Install light fixtures mounted on 20' standard poles, will remove old light fixtures.
Will be 3 lights located on North and South facia of building and 12' in height from
ground level.
Use Variance necessary as this is the only direction for this business can expand.
North property consists of 3 acres.
To the East is US 31, South is a former Orthodonic practice which contains one acre.
Use Variance is in best interest instead of a rezone to a commerical classification.
Don Bottamiller, 12121 Spring Mill Road not opposed to progress. Mr. Bottamiller
owns the 30 acres to the West and 2 years ago requested a variance on this property and was
unable to as it was zoned residential and would remain residential. Mr. Bottamiller
would like to know why it can be rezoned now and not several years ago.
Mr. Byers gave a brief background on Mr. Bottamiller. There was a permanent injunction
against Bottamiller for operating a business in a single family residential zone. Currently
pending is a contempt citation where Mr. Bottamiller has failed to comply with Judge
Proffitts permanent injunction.
It is premature for any member of staff or another person to make a comment on what
the board should do.
Mr. Kiphart spoke in regards to his conversation with the Bottamillers as per the
Comprehensive Plan the property next to Spring Mill Road would probably not get a board
or Plan Commissions support. Mr. Bottamiller was never told he did not have the right
to appear before the Plan Commission for the rezone or to appear before the Board of
Zoning Appeals for an appeal of a decision not to have a business on this property or
not to come to the board for a variance if he so desired.
Mr. Nelson stated petitioner would be sensitive to Mr. O'Neal and Mr. Bottamiller's
property when the buffering was considered.
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Mr. Davis Coots, 225 E. Carmel Drive representing Jim O'Neal, Jr. spoke in concern is
the adequacy of the 30' green belt contemplated around the perimeter. Document passed out
to the board. 4 lots outlined in document owned by Mr. O'Neal. Second concern is light
spillage currently experiencing from parking lot lights and automobile headlights. Mr. O'Neal
in order to help further screen property has Ibervidy along South property line along with
landscape plan. Photometric shows they have toned down lighting to 1/10th of a foot.
Would not register an opposition to the use, but that it be developed in such a way to -
protect the surrounding property very carefully.
Public hearing closed at 7:47 P.M.
Mr. Nelson stated deed has been transferred. Bought 2 parcels each at 21 acres each.
Petitioner does have title to the 5 acres.
Mrs. Badger questioned if they felt the mounding plus the plantings will be sufficient
to eliminate the auto lights and parking lights from shining onto Mr. O'Neal's property.
Mr. Nelson stated on landscape plan they have provided for 2-4' mounds, 6' Austrian Pine
trees on north property line.
Mr. Jeff Davis asked if the zoning on the North, West and South side are all the same,
should receive all the same treatment. A solid visual buffer will be required along
Bottamiller's property as well as Mr. O'Neal's.
Mr. Bottamiller is seeking to develop a residential area on his property.
Mrs. Badger moved that Docket No. UV 48-88 be approved this evening as submitted running
with the property and that this land use variance is to be used for parking purposes only
and also that the landscape plans which is to be approved by Mr. Chuck Kiphart will be very
sensitive along the north and West buffers which abutts particularly the James O'Neal, Jr.
property and the Bottamiller's property.
Mr. Irvin seconded.
Findings of Fact were completed by the board members.
Approved 5-0.
Motion carried.
8g. 7:00 P.M. , Public Hearing on Docket No. V 49-88 Developmental Standard VAriance
Application for C. Thomas and Pamels E. Lambert located at 616 Copley Place,
Cannel. Petitioner is requesting to encroach into a front yard setback by 24'
to construct a seven foot scalloped shadowbox fence with eight foot brick columns.
Parcel is zoned S-1 and S-2.
Filed by Jane Merrill for C. Thomas and Pamela E. Lambert.
Public hearing opened at 7:50 P.M.
Jane Merrill, 3729 W. 106th Street, Attorney made presentation.
Mr. Lambert was present.
Property located at 616 Copley Place.
Aerial Map shown and location given.
This property is zoned S-1 and S-2:
Border on 2 sides by streets.
Construct a 7' shadowbox fence with 2 brick columns at 8' high columns.
Site plans shown.
In recorded plat for this subdivision there is a 60' setback. Will encroach into set-
back 24' .
36' from edge of property to the edge of the fence.
Applicants have obtained approval from 12 of the 13 lot owners to build pool. The
letter are on file with Department of Community Development.
Location of pool is directly behind residence.
Location of a pool in the outer part of the back yard would interfer with drainage
considerations.
Landscape plan was shown.
There are existing Norway Spruce trees varying from 4-11' in height. Other trees
intermingled vary from 3-6' . -
Black pines 8-10' tall will be added.
4 photos and site plan explanation was given to the Commission members.
Public hearing closed at 8:07 P.M.
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Mr. Thompson moved that Docket No. V 49-88 be approved as submitted.
Mr. Davis seconded. _
Findings of fact were completed by the commission members.
Approved 5-0.
Motion carried.
9g. 7:00 P.M. , PUblic hearing on Docket No. V 50-88 Developmental Standards Variance
Application for Bob Wayman located at 146 Winona Drive, Carmel. Petitioner is
requesting a variance from Section 8.4.8 of the Carmel/Clay Zoning Ordinance
that requries a minimum of 900 square feet on the ground floor of a two story
home. Petitioner is requesting to constuct a home with only 676 square feet
on the ground floor. Parcel is zoned R-2.
Filed by Bob Wayman.
Public hearing opened at 8:10 P.M.
Bob Wayman, Zionsville made presentation.
Building residence on this property for daughter.
Minimum square footage for a 2 story building is 900 square foot on the floor level
and a minimum of 1100 square feet for a ranch.
Packet given to commission members.
This floor plan does have 676 square feet on first floor not counting garage, 2nd
floor we have used floor space over garage for living area, total living area 1748 square
feet plus 396 square feet for garage.
Square footage on house next door is 950 square feet.
Submitted a plot plan, are aware of drainage situation, Lot 73.
In front of Lot 74 there is a subdrainage catch basin.
Site plan show we have drainage around the house going to the front ditch which will
eventually go into the subsurface drainage.
All redwood construction, two bedroom house.
Robert Voorhis, 151 Winona Drive, CArmel read a letter received from Doug Hausemier
stating objection to this project feeling it would lower price of other homes in the area.
(Letter is a part of the official minutes and attached to the Master Copy). Mr. Voorhis
concurs with the letter.
William Glenn, 130 Winona Drive, spoke in opposition to project, felt it would be a
devaluation of surrounding property.
Richard Ooten, 141 Winona Drive, spoke in concern of devaluation of property,
objecting to this project. His home is 1650 square feet directly across the street.
Public healing closed at 8:16 P.M.
Mrs. Badger said petitioner could build a house on this plot that would be minimum
standard in zoning ordinance, there is plenty of room.
Mr. Brandau stated it is our feeling that 900 square feet was established for a R-2
zone. It is the wishes of the community to keep 900 square feet as the minimum standard.
Therefore, we recommend the ordinance be upheld. The lot itself is 200' deep and 85' wide
which does not give a feasible hardship.
Mrs. Badger moved that Docket No. V 50-88 be approved as submitted.
Mr. Irvin seconded.
Findings of Facts were completed by commission members.
Disapproved 0-5.
Mrs. Badger moved since there was no further business brought before the commission
that the meeting be adjourned.
Mr. Thompson seconded.
Meeting adjourned at 8:23 P.M.
Chairman Secretary