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Carmel Board of Zoning Appeals
Regular Meeting
Monday, February 24, 2014
6:00 p.m.
Council Chambers, Carmel City Hall
Present: James Hawkins, President
Leo Dierckman
Dennis Lockwood
Earlene Plavchak
Alan Potasnik
Madeleine Torres, Alternate
Connie Tingley, Recording Secretary
Staff members in attendance: Alexia Donahue Wold,Planning Administrator
Mike Hollibaugh, Director, Dept. of Community Services
Legal Counsel: John Molitor
Previous Minutes:
On a motion made by Leo Dierckman and seconded by James Hawkins:
The Minutes for the meeting dated January 28,2014,were approved as circulated.
MOTION CARRIED UNANIMOUSLY
Department Report:
Alexia Donahue-Wold:
• Items 9-10,Penske Car Rental at Monon Square should be Chapter ZO CH 23F, not 20F as indicated
o Notice was correct,mistake only on agenda
• Reminder March 8 is Annual Training for Plan Commission and BZA members
o Please RSVP and respond to online survey
Legal Council Report:
John Molitor:
• Bell pending before State Legislature HB 1216 which affects Zoning Commitments
o Only affects involvement in annexation of new territory which is not part of Zoning Jurisdiction
• Physically impossible for Carmel at this point and no effect on this Board
IPublic Hearing
1-2. (V)Head Garage,Woods at Lions Creek Lot 29
The applicant seeks the following development standards variances for a detached garage.
WWW CARMEL.IN GOV Page 1 of 15 (317)571-2417
Carmel Board of Zoning Appeals
February 24,2014 Meeting
Docket No. 14010017 V ZO CH: 25.01.01.B.3.a.i Min Setback 25 ft Behind Front Bldg Line,
0 ft requested
Docket No. 14010018 V ZO CH: 25.01.01.B.5 Max Ground Floor Area 720 sq.ft.,
1152 sq. ft.requested
The site is located at 4461 Panthera Leo Drive and is zoned S-1/Residential. Filed by Michael Shaw with
Shaw's Custom Handywork, on behalf of the owner Stephen Head.
Present for Petitioner:
Stephen Head, owner
• Original building permit for garage attached with breezeway
o During construction process determined breezeway no longer integral to final construction
• Two variances for detached garage
o Zero setback for detached garage built even with front of current garage
o Garage exceeds permitted 720 square feet
• Lot shown with location of new garage and house
• Photos of property shown
Public Hearing closed.
Department Report:
Alexia Donahue-Wold
• Proposed garage approximately 1152 square feet, in line with front of house
o 25 feet setback required
o Setback for detached garage is to help protect character of residential areas
o Attached garages can be larger and not set back as far
o Originally proposed to attach by breezeway (no variances needed)
• More aesthetically pleasing without breezeway
o Parcel over one acre
• Garage will meet side yard setbacks and height limit
• Garage doors do not face street
• Shorter side faces street
• Architectural design will match house
• Will lessen impact of garage and any negative impact
Department supports both variances and recommended approval.
Motion: On a motion made by Leo Dierckman and seconded by Alan Potasnik:
Docket Nos. 14010017 V and 14010018 V, Head Garage, Woods at Lions Creek Lot 29, be
approved for minimum 25 feet behind front building line (zero feet requested) and maximum ground floor area
(720 square feet permitted, 1152 square feet requested).
MOTION CARRIED UNANAIMOUSLY
Legal:
John Molitor:
• Mr. Hawkins needed to recuse himself for the Item 3, Verizon Wireless Cell Tower.]
o Vice President, Alan Potasnik will lead meeting
o Alternate Madeleine Torres will fill in
• Since she had not arrived, recommended item be moved to end of Public Hearing agenda items
Page 2 of 15
•
Carmel Board of Zoning Appeals
February 24,2014 Meeting
Motion: On a motion made by Alan Potasnik and seconded by Earlene Plavchak:
Agenda be reorganized to move Item 3,Verizon Wireless Cell Tower, to end of Public Hearing items.
MOTION CARRIED UNANAIMOUSLY
4-8. (V) Tallyn's Ridge Subdivision
The applicant seeks the following development standards variances for a new subdivision.
Docket No. 14010004 V ZO CH: 5.01.02 Max Density 1 Lot/Acre, 1.51 Lots/Acre requested
Docket No. 14010005 V ZO CH: 5.04.02(D) Min Lot Area 15,000 sq ft, 14,000 sq ft requested
Docket No. 14010006 V ZO CH: 5.04.03(A) Min Front Yard 40 ft, 30 ft requested
Docket No. 14010007 V ZO CH: 5.04.03(C)(1) Min Aggregate of Side Yard 30 ft, 25 ft requested
Docket No. 14010008 V ZO CH: 5.04.03(E)(1) Min Lot Width 120 ft, 100 ft requested
The site is located at 3225 West 146th Street and is zoned S-1/Residential. Filed by Steve Hardin with
Faegre Baker Daniels, on behalf of Lombardo Homes of Indiana LLC.
Present for Petitioner:
Steve Hardin, Attorney
• 18.5 acre site at 3225 W. 146th Street
• Home elevations shown
o Prices range$400,000-$600,000
• Originally proposed 31 lots
o Met with Staff, surrounding neighbors and CWIC2
o CWIC2 questioned number of lots
o Lombardo Homes reduced lots to 28 (shown in submitted packets)
• Last week CWIC2 ask lots be reduced to 27 (1.46 per acre)
• Lombardo Homes agreed
o Variance approval would be for 27 lots
• Aerial shown
• Trails of Hayden Run 1.6 units per acre
• Heather Knoll 2.0
• Lincolnshire 1.5
• Saddle Creek 1.8
• Met approval of Marilyn Anderson, member of CWIC2
• Staff ask about architecture of homes
o Lombardo agreed homes built within Tallyn's Ridge would be similar to homes shown in packet
as Condition of approval
• Staff ask about expansion of green strip between curb and sidewalk
o Staff is considering amending Ordinance for expansion of green strip
o Lombardo will continue talks with Staff, especially if it will be applied City-wide
• Chart in packet summarized variances
o Density is shown at 1.51
• As Condition of approval Lombardo has agreed to 27 lots/1.46
o Minimum lot area under S-1 is 15,000 square feet
• Request 14,000 square feet
o Minimum front yard setback is 40 feet
• Request 30 feet
o Minimum aggregate side yard is 30 feet
• Request 25 feet
o Minimum lot width is 120 feet
Page 3 of 15
Carmel Board of Zoning Appeals
February 24,2014 Meeting
• Request 100 feet
• CWIC2 ask them to consider transition of density with larger lots on west side
• Lombardo agreed
M°` • Lots along western property line will be 120 feet(S-1 standards)
• Surrounding subdivisions were reviewed and approved under ROSO standards
o Proposing 14,000 square feet lots
• Larger lots than surrounding neighborhoods
• Surrounding neighborhoods have smaller lot widths, front setbacks and density
• Lombard appreciated guidance of Staff and discussions with neighbors and CWIC2
Remonstrance:
Patrice Hatch, neighbor
• Confusion about start of project: 2015 or 2014
• Concerned about drainage
o Portion of their land flooded with development around them
• Concerned about existing fence and old trees on property line
Rebuttal:
Steve Hardin:
• Met with them at site and at neighbors' meeting
Ed Hackett, Lombardo Homes
• Did not know exact timing when they met with neighbors last year
o Needed to acquire easements
o Project probably start late 2014
• Aware of concern about trees on property
o Will try to preserve trees that separate property lines
Robert Loefgren, neighbor (same property as Ms. Hatch)
• Hayden Run (south of property) elevation change is six feet
o Has let his south area turn into wetland area from so much water from Hayden Run
o Cannot take any more water from new development
Steve Hardin:
• Drainage will be addressed at plat/construction approval stage
o City Ordinances will require storm water on site not be released off at any faster rate than today
o Engineering and Planning Departments will review
Skip Stone,Lombardo Homes
• Engineers have looked at drainage and met with County Surveyor to get approval
• Water in southeast corner of property that goes to retention area will be piped to west
o Approval from County Surveyor to break water sheds to do that
o Hopefully that will eliminate concern about additional water
Robert Loefgren:
• Driving east from Shelborne Road, crown in road on 146th Street is dangerous
o Has this been addressed?
Skip Stone:
• Understand there will be substantial improvements to 146th Street
o Road construction should make it safer
Public Hearing closed.
Page 4 of 15
Carmel Board of Zoning Appeals
February 24,2014 Meeting
Department Report:
IAlexia Donahue-Wold
• Variances are minor and should not have negative affect on surrounding properties
• Will go through Primary Plat and Secondary Plat process
o Primary Plat is public hearing
• Development and site design issues will be worked out
• 146`h Street is planned for improvement
o Increase in density should not have negative affect on traffic
• Granting of variances will provide some flexibility for better design of neighborhood
• Surrounding subdivisions were developed under Residential Open Space Ordinance (ROSO)
o If more open space provided, lot standards were reduced and density increased
o ROSO no longer in place
o Variances will allow slightly reduced lot standards
• Petitioner addressed architectural standards
o Department requested these be a Condition upon approval of variances
o Homes to be built similar to what was presented in packet
• Increased tree lawn will help reduce impact of reduced front setback
o Allow greater soil volume for trees
o Provide greater tree canopy
Department recommended approval of the variances with the Condition the homes will match the ones
presented.
Discussion:
Leo Dierckman:
• Ask Petitioner to commit to designs and use of same material on all sides of structures
o Same percentage of brick, Hardy plank, etc.
Steve Hardin:
• Commit to homes will be similar in quality and character as those shown
o Minimum first floor masonry (brick or stone); balance Hardy plank
• No vinyl siding
o Sides and rear may have some differences
Leo Dierckman with Alexia Donahue-Wold:
• Plan Commission PUD process can include design and architectural standards
o This project will go through Plan Commission Primary Plat process, not PUD process
• Sometimes architectural standards are worked out as Covenants, Restrictions and
Commitments
• Primary Plat is approved if it meets the City requirements for development standards, and
other standards such as open space
• Actual design of homes are not required to be a certain standard for Plan Commission
• Architectural standards are often put in place by Covenants and Restrictions with
the Primary Plat
• Tree line along shared property line
o Not sure which side the trees are on
o As Condition of approval, Lombardo will commit to tree preservation along western property
line
• Except areas for utilities and drainage
• Met with neighbors last July
Page 5 of 15
Carmel Board of Zoning Appeals
February 24,2014 Meeting
o Mr. Dierckman felt that was a long time
• Need more information about design standards and impact on neighbors
• Need more thorough review for neighbors
• Only time project will be reviewed by BZA and Plan Commission
• Plat review is based on Indiana Law
• Primary Plat will go through full Plan Commission public hearing process
o Neighbors will be able to speak
o Then it will go to Committee to work out details before going back to Plan Commission
o Must be reviewed by all City and County Departments
o Than back to Plan Commission for Secondary Plat
o Looking at tree preservation, open space, drainage, street width, sidewalks and other standards
are part of Primary Plat process
• If development meets State of Indiana plat requirements, they cannot prevent it from being approved
(Confirmed by John Molitor)
o Therefore, this is only time they have ability to make sure these are the homes they want
o Plat review process does not include architectural standards
Alan Potasnik with John Molitor:
• Does review of architectural standards have anything to do with these variances?
o Variances are primarily related to density
o If architectural standards would mitigate any difficulties or burdens suffered by the neighbors as.
result of variances from density standards, then architectural standards would be fair discussion
Leo Dierckman:
• He was referring to item #2 which suggests the Board has to make sure there is not damage to neighbors
o Design of homes will have impact on neighbor's value
• If it becomes something of lower standard, it will have negative impact
• Developer has not met with them since July
General Discussion:
• Neighbors received public notice and are in attendance
o CWIC2 had meetings with developer
• Marilyn Anderson out of town and could not attend this meeting
o Jeff Boland, Lombardo Homes, had followed up with neighbors and talked with them in January
• Ask neighbor if there were other questions
• Talked about tree line
• Drainage will be moved to the west
o Should make neighbor's situation better
o Will take care of storm water on Tallyn's property
• Questioned price ranges of surrounding subdivisions
o Neighborhood to south in mid $250,000 range
o Property values are increasing to the west
o Expect$400,000 to $700,000 range
o Heather Knoll and Trails of Hayden Run at least$100,000 lower in property values
• Elevations/front of facades are examples of Lombardo homes
o Each varies slightly, materials stay the same
• Hardy plank, all stone or all brick
• Willing to commit to specific elevations; not trying to lessen home style or price
o Can provide detailed architectural standards next month
• Had thought better direction was to give Staff more flexibility to look at substantial
similarities of quality and character standards
Page 6 of 15
Carmel Board of Zoning Appeals
February 24, 2014 Meeting
Motion: On a motion made by Leo Dierckman and seconded by James Hawkins:
Docket Nos. 14010004 V through 14010008 V, Tallyn's Ridge Subdivision be tabled for one month
to create a set of design standards to present to the Board and Staff to review prior to submission.
MOTION CARRIED 4-1 (Potasnik negative)
9-10. (UV & V) Penske Car Rental at Monon Square
The applicant seeks the following use variance and variance approvals for a car rental business:
Docket No. 14010020 UV Appendix A Table of Uses: Car rental use requested
Docket No. 14010021 V ZO CH 20F.16.01: Material or Product Storage Shall Occur w/in
Building, Outdoor Storage of Cars requested
The site is located at 624 S Range Line Road. It is zoned Il/Industrial within the Carmel Drive/Range Line
Road Overlay. Filed by Shelley Johnstone with Penske Car Rental.
Present for Petitioner:
Chris Braun, Attorney with Plews Shadley Racher & Braun, LLP; Shelley Johnstone, General Manager with
Penske; Kevin Goodman, Area Manager; and Jess Lawhead and Larry Lawhead, owners of Monon Square
• Handout distributed supporting petition
• Penske Car Rental part of Penske family which bought Dan Young Chevrolet at 96th & Keystone
o Went through 96th & Keystone construction project
• Negative impact on business
o With Meridian Street/US 31 project coming up, Car Rental Company needs to move
• Currently located at 103"18z Meridian near Marriott
■ Feel not able to withstand long-term construction project
• Looking for alternative location
• Received Staff comments from Alexia with number of concerns last Wednesday (Feb. 19)
o Met with Penske on Thursday
o Followed up with Alexia on Friday
o Saturday looked at facility
• Originally proposed site along Rangeline Road
• This business use not pedestrian walkway friendly
• Current location does 350-400 rental transactions per month
o 75 percent are corporate members served from Carmel Business Corridor
o Majority Gold Card members/repeat business
• Doctors, business men, etc.
o Easy ingress and egress off interstate
o Serves larger than Carmel area
o Current business being proactive to avoid downside of Meridian Street Project
• Needs location with parking
• Monon Square unique location in heart of Carmel with sufficient parking
o New location west of Clark Tire, deeper within center
o Monon Square tries to locate pedestrian-friendly businesses along Monon Trail
o New location can house garage for servicing
• L-shaped space at 622 D-3 and bottom half of D-2
o Landscaping along rear of building to shield view from City Center Drive
o No cars stored over weekend or overnight at back of building
• Only staging area before service
• All servicing of vehicles inside
• Short-term location with minimal disruption until Meridian Street Project is completed
Page 7 of 15
Carmel Board of Zoning Appeals
February 24,2014 Meeting
• Happy to agree to short-term variance (5 year lease with Monon Square)
• If Monon Square sells or redevelops, Penske would agree to modify or re-locate if necessary
• Variance just for this tenant space; not throughout entire Monon Square
• Agree to changeable copy sign out front along Rangeline Road
o Will have signage above suite consistent with others within Monon Square
• Location within the center minimizes impact
o No new ingress or egress
o No traffic impact
o Typically 15-20 vehicles; 45-50 at peak times (weekend)
• 350+parking spaces
• Will not take large percentage of available spaces
• Consistent with other tenants and their parking needs
• By using existing space, no impact on exterior structure of building
o Trying to be in compliance with Carmel Overlay
o No changes to exterior lighting
o Utilizing existing vacant space
o Will enhance landscaping with screening on backside
o Does not alter existing street or circulating system
o Not many spaces in Carmel to meet their needs
o No new impact on infrastructure
o Does not alter site layout or parking, building height, footprint or setbacks
• By listening to concerns raised by Staff, studying the Overlay requirements and existing Zoning
requirements, they request to allow this existing long-standing Carmel business to re-locate to continue
to service customer base
Remonstrance:
Rick Sharp, City Council, Northwest District
• Thanked the Board for their service
• Problem with use
o City has spent hundreds of thousands of dollars of taxpayer money on studies,plans, drawings
and concepts for how to develop center of City
• Do not have money to proceed in this area today, but things could change tomorrow
• This is use City Council and Plan Commission did not see as appropriate in this area
• Only short-term, but should not turn their back on all the planning and effort put into
designing heart of City
• Three of these uses in the Corridor are grandfathered
• As plans develop, market forces will show owners there is better use of property than
storage of vehicles
• Request the Board deny variances
Rebuttal:
Chris Braun
• Respected and appreciated Councilman's comments
• Tried to minimize impact on this vacant space
• Agreed to come back when project changes
o Short-term use
o Suffered through Keystone Project with impact on businesses at 96th Street
o Respect long-term use for this area
Page 8 of 15
Carmel Board of Zoning Appeals
February 24,2014 Meeting
o This need exists for customers in Carmel
Gold Card members and US 31 Business Corridor would be underserved if they are not
able to re-locate
• Real hardship if this is not available for Penske to temporarily re-locate
o Willing to move out if there is any development in next five years
• Not be an impediment
• Maybe be vested or grandfathered during development
Public Hearing closed.
Department Report:
Alexia Donahue-Wold
• Appreciates Petitioner's efforts to try to reduce impact
• Have concerns with use and outdoor storage of vehicles
• Carmel Drive/Rangeline Road Overlay Zone is meant as walkable, mixed-use district that emphasizes
pedestrian-oriented environment with buildings pulled up to street
o Overlay did not intend car rental or car sale uses within the Corridor
o Great deal of redevelopment and investment already gone into Corridor
o Car rental use does not represent highest and best use for this real estate
o Would not be compatible with other permitted uses for this area
o Undermine previous redevelopment efforts on Rangeline Road
o Even temporary use would displace other viable tenants who may want to come into the
development
o Prefer they move to area that does not need variances for use or outdoor storage
Department recommended denial of both variances.
Discussion:
• Current location is 103rh &Meridian at Marriott
• Not a good use for Corridor
• Roof sign on building shown in packet probably not legal
Motion: On a motion made by Leo Dierckman and seconded by Earlene Plavchak:
Docket Nos. 14010020 UV and 14010021 V,Penske Car Rental at Monon Square, be approved for
car rental use and outdoor storage of cars requested.
MOTION DENIED 0-5
Action: John Molitor recommended the Board delegate to him and Staff the responsibility for preparing the
formal Findings of Fact based on the Department Report and comments included in the discussion.
Motion: On a motion made by James Hawkins and seconded by Alan Potasnik:
Legal Counsel to draft the Findings of Fact.
MOTION CARRIED UNANAIMOUSLY
Action: James Hawkins recused himself. As Vice-President, Alan Potasnik led the meeting. Madeleine Tones
joined the Board as Alternate.
Page 9 of 15
Carmel Board of Zoning Appeals
February 24,2014 Meeting
3. (SU)Verizon Wireless Cell Tower,City Center &Pennsylvania
The applicant seeks the following special use approval for a new cell tower in a business district:
Docket No. 14010002 SU ZO CH 25.13: Towers: Permitted as Special Uses in Business Districts
The site is located northeast of City Center Drive and Pennsylvania Street, and is zoned B-3/Business. Filed
by Dave Coots of Coots, Henke &Wheeler on behalf of Verizon Wireless.
Present for Petitioner:
Dave Coots, Attorney; Chris Britt,Verizon Radio Frequency Engineer; Traci Preble, GDP Group, consulting
architectural and engineering firm; Marilyn Kleist, Vertex Acquisition, site acquisition company; and Dan
Coots, Coots, Henke & Wheeler
• Special Use to construct tower
o Location indicated on map
• Near Atapco on Hancock Street, proposed senior housing and proposed gun shop
• Access to 90 by 90 feet site is Hancock Street through an easement agreement with
Atapco for limited visits for equipment maintenance
o Cell tower will be 100 feet in height with additional 5-foot lightening rod
• Will accommodate additional co-location sites after construction
o Department has ask them to deviate from traditional mounted antenna
• Use flush-mount antennae (rendering shown)
• Use white surface instead of traditional galvanized pole
o Site is 90 by 90
• Pole located 30 feet off north boundary of leased tract
• Accommodates 30-foot drainage easement along north portion of KD Investment
owned property
• Site will have 15-foot landscape buffer around the tract
• Six-foot, solid visual wooden fence around structure
• Verizon will utilize 11 by 22- foot storage facility for equipment storage
• Room on site for other suppliers to locate equipment shelters, if necessary
• Landscaping is 8-foot Norway pines, 10-foot on center, staggered to make solid
screen around wooden fence'surrounding structure
o Prepared Commitment to allow co-location on site
o Capacity site shown indicating need for tower
o Study shown of surrounding sites in area and why Verizon cannot utilize what is available
Chris Britt:
• Coverage plot of area shown
o Four black dots are current Verizon Wireless sites
o Colored areas show geographic area covered by the sites
o Anticipate exhaust on area covered in "pink" on map
o New proposed site would remove traffic off that site and surrounding sites
• Covering with new proposed site
• Placement helps in future for long-term solution for area
o Reviewed other structures in area to co-locate onto
• Already co-located on some towers
• Some would not provide needed off-load and would become exhausted
• Meridian Mark I& II buildings and The Hampton Inn
o Either too close to current sites or did not provide sufficient height to off-
load current towers
Page 10 of 15
Carmel Board of Zoning Appeals
February 24,2014 Meeting
Dave Coots:
• Verizon committed to co-locate
o Using co-location saves a lot of money
o Environmentally friendly for all cell operators to reduce number of cell towers
o New monopole structures built on pure need basis
Public Hearing closed.
Department Report:
Alexia Donahue-Wold
• Locating cell tower in Business District requires Special Use approval
o Special Uses generally looked upon favorably
• Permitting towers and encouraging co-location is to provide broadest range of coverage
o Keep necessary infrastructure as visually unobtrusive as possible
• Tower proposed at 100 feet tall which is permitted in Business District
• Immediate area around tower and equipment shelter will be surrounded by 6-foot fence and 15-foot
landscape buffer
• Tower 400 feet from nearest road, Hancock Street; 800 feet and 1200 feet from City Center Drive and
Pennsylvania Street respectively
o Setback will reduce impact and visibility of tower
• Monopole tower proposed
o Requesting antennae be flush-mounted as Condition of approval
o Wanted to confirm with Petitioner that equipment shown in packets is typical flush-mount
• Images in packet look like normal tower
• Request co-location be permitted on tower as part of Condition of approval
• Want input from Petitioner regarding plans to develop remainder of site and if tower would hinder
development
Department recommended positive consideration after all concerns and comments are addressed.
Discussion:
Dennis Lockwood:
• 120-foot tower setback indicated on site plan on remainder of property on north and east sides
o Setback meant so that nothing can be built within the setback?
o. Seems to cut a lot of useable area out of remaining property
Dave Coots and Traci Preble:
• 120-foot setback is distance to property line
o Original setback issue of 120 feet
o Will not impact future development on property
o Not encumbering balance of property; only leasing site location
o If tower adjacent to public thoroughfare, setback must equal height of tower
• Tower location exceeds distance from public right-of-way
John Molitor:
I • Ordinance requires tower cannot be built between principal building and street
o This tower set back behind anything that would be principal building
Dennis Lockwood:
• Staff requesting antennae be flush-mounted
Page 11 of 15
Carmel Board of Zoning Appeals
February 24,2014 Meeting
o Difference between flush-mount and standard offset?
Chris Britt:
• Specs under Tab 8 in packet are correct
o Flush-mount sets off tower 2 feet
o Standard mount sets off tower 6 feet
o Allows two antennae per face
Dave Coots:
• Any co-location would need administrative approval from the Department
o With Verizon Commitment that it is a monopole with flush-mounted antennae
Motion: On a motion made by Leo Dierckman and seconded by Earlene Plavchak:
Docket No. 14010002 SU, Verizon Wireless Cell Tower, City Center & Pennsylvania be approved
for a cell tower use in a Business District with stated Commitments: flush-mount or internal antennae, allow
co-location, white color.
MOTION CARRIED UNANAIMOUSLY
James Hawkins re-joined the Board; Madeleine Torres left
Old Business:
1-4. (V) Saddlebrook at Shelborne Phases III & IV.
The applicant seeks the following development standards variances for a new subdivision:
Docket No. 13120004 V ZO CH: 5.01.02 Max Density 1 lot/acre, 1.2 lots/acre requested
Docket No. 13120005 V ZO CH: 5.04.03(A) Min Front Yard 40 ft,30 ft requested
Docket No. 13120006 V ZO CH: 5.04.03.E.1 Min Lot Width 120 ft, 100 ft requested
Docket No. 13120007 V ZO CH: 2.09 Compliance with the Transportation Plan,
Reduced R.O.W. and different street cross section requested.
The site is located at 12121 Shelborne Road,and is zoned S-1/Residence. Filed by Steve Hardin with Faegre
Baker Daniels, on behalf of Leeds I LLC.
Present for Petitioner:
Steve Hardin, Attorney
• Have firmed up with Engineering Department location of entrance street coming off Shelborne
o Gordon property, roundabout and proposed entrance indicated on map
• Entrance location confirmed with Engineering
• Have met with Mr. Gordon regarding his concerns and accommodations expected as a result of project
and right-of-way to be acquired
• Thoroughfare plan calls for residential parkway with 100-foot right-of-way to run along from
intersection of roundabout at 121 S`and Shelborne due east, along the property line
o This would have bigger impact on Gordon property and existing Saddlebrook at Shelborne
neighborhood
o Variance request would minimize impact
o Department ask them to acquire additional right-of-way to extend path on south side to connect
to Shelborne
• Day after January BZA meeting ask Mr. Gordon his requests for right-of-way acquisition and
development
o Last Monday, February 17, received 11 requests in principle
o Wednesday, two days later, provided in principle, the developer agreed to the 11 items
• Met with Engineering Department and Mr. Hollibaugh for agreement
Page 12 of 15
Carmel Board of Zoning Appeals
February 24,2014 Meeting
Agreement: Eleven Conditions with Gordon property:
1. Cash payment for right-of-way
a. 468 square feet for $3500
2. Concrete driveway
a. Plan Commission suggested concrete driveway connecting to entrance street in place of
asphalt stub street requested by Engineering
b. Developer will do items on his property; construct driveway to property line
c. Developer will provide cash allowance for driveway to be done on Gordon property
i. Average of two estimates
ii. Gordons can use money as they wish
3. Sewer and water extension
a. Extend sanitary sewer and water service to Gordon home
i. Developer will extend sewer and water to property line
ii. Provide cash allowance for Gordons to oversee connection
4. Reconnect existing utilities, if needed
a. Any utilities impended during development of project
5. Subdivision entrance street track away from Gordon home. No closer than 45 feet.
a. Plat shown tracking away as quickly as possible
b. Path and street no closer than 45 feet from Gordon home
6. No stub street to the rear of Gordon home
a. Previous plan showed stub street for future connectivity
i. Has been removed from project
7. Tree preservation area
a. Maintain wooded area between Gordon home and proposed street and path
8. Reasonable additional buffering
a. After road and pathway are constructed in wooded area to add landscaping
i. Shrubs for shaded areas
9. Trim marked overgrown trees
a. Limbs overhanging from developer's property onto Gordon property
b. Eliminate potential damage
10. Remove existing asphalt driveway
a. Shown on map
11. Additional landscaping allowance
a. Provide additional screening from roundabout and new entrance
b. Cash allowance for proposed mound with evergreen trees
i. Owner can decide what they want
Note: Cash allowance provided for work to be done on the Gordon property.
a. $3500 paid when agreement executed
i. Non-refundable unless homeowner breaches agreement
b. Remaining cash allowance will be paid at closing when homeowners convey deed to the City
for the small sliver of right-of-way
c. Rest of work would be done on developer's property as they are developing project
i. Entrance will be part of first phase of the development
• Sanitary Sewer route
o Contractors have advised when they bore under Shelborne, they will likely need small amount of
temporary easement area to stage equipment
• Agreed upon with Mr. Gordon prior to closing
Page 13 of 15
Carmel Board of Zoning Appeals
February 24,2014 Meeting
• Any damage would be repaired to extent of previous condition
• Final agreement has not been signed
o Agreement could be Condition of approval, as part of record
Public:
Todd Gordon, adjoining property
• Nice job addressing their concerns
• Final draft received at lunch time today
o Have not had a chance to discuss with their attorney
• Ask any variance not be granted until a final document has been signed and agreed to
Rebuttal:
Steve Hardin
• Received requests and responded back in two days
• Understand final document cannot be reviewed quickly
o Ask Board to vote with the Agreement in principle as a Condition
o Will be worked out and resolved before construction begins
Public Hearing closed.
Department Report:
Alexia Donahue-Wold
• Appreciated work done by Petitioner and Mr. Gordon to come to an agreement
• Department in favor of variances
o Variance for minimum right-of-way will allow for significantly reduced right-of-way width
• Will reduce impact on neighbor
• Department would like to see final executed official document
o Comfortable with approving upon the listed Conditions
• Would like to Condition approval upon constructing first phase near Shelborne Road to alleviate any
construction traffic through existing subdivisions
Discussion:
• Path does connect to Shelborne through acquired right-of-way
• Petitioner amiable to phasing in Shelborne area first
• Developer thanked for making accommodations to neighbor
o Variances now will not adversely affect neighbors
Motion: On a motion made by Leo Dierckman and seconded by Earlene Plavchak:
Docket Nos. 13120004 V through 13120007 V be approved.
Motion: Mr. Dierckman amended his motion and seconded by James Hawkins:
Docket Nos. 13120004 V through 13120007 V be approved with the western portion of project to
be completed first and subject to all the Conditions outlined as per the request of the neighbor.
MOTION CARRIED UNANAIMOUSLY
Page 14 of 15
•
Carmel Board of Zoning Appeals
February 24,2014 Meeting
I 5-12. TABLED INDEFINITELY (UV, V) KG Main LLC, Old Meridian and West Main.
The petitioner also seeks the following development standards variance approvals:
Docket No. 13120027 V ZO CH: 20G.05.04.B(1)(B)—Max Bldg Height of 55 ft; 89 ft requested
Docket No. 13120030 V ZO CH 2OG.05.04.D(2)(D)—Multi Family Uses Must Conform to All
Architectural Requirements Listed in the Multi-Family Zone (ZO CH
20G.05.02.D)
Docket No. 13120031 V ZO CH 2OG.05.02.D(2) - Vertical Offsets Required at Intervals of 50 ft
for Bldgs with Continuous Facades of 60 ft or Greater Width; Intervals
of greater than 50 ft and Architectural Detailing on Facades as per
Submitted Elevations requested
Docket No. 13120032 V ZO CH 2OG.05.02.D(3) —All Sides of any Bldg Shall be Brick, and
Trimmed in Brick, Wood, Stone or Precast Concrete; Fiber Cement
Siding/Paneling requested.
Docket No. 13120034 V ZO CH 2.09- Compliance with the Transportation Plan; Petitioner
Wants to Deviate from the Proposed Street System Lay Out.
Docket No. 13120035 V ZO CH 2OG.04.03.A—Sidewalk along Main Street Required; Petitioner
States that the City or the CRC will Install it.
Docket No. 13120037 V ZO CH 2OG.05.01.F(1)(B) —45 ft Max Bldg Height; 89 ft requested
Docket No. 13120041 V ZO CH 2OG.05.01.H(2)(A)—For any Bldg Facing A Street,Fiber Cement
Siding/Paneling in Addition to Brick and Stone requested
The site is zoned OM/SFA (Old Mendian District,Single Family Attached) & OM/MU (Old Meridian
District,Mixed Use.) It is located at 12960 Old Meridian St., at Main St. Filed by Paul Reis of Krieg
Devault, LLP on behalf of Keystone Realty Group, LLC.
New Business:
Mr. Molitor reminded everyone to respond to the upcoming DOCS Workshop on March 81h
Adjournment:
Motion: On a motion made by James Hawkins and seconded by Earlene Plavchak:
The Meeting be adjourned.
MOTION CARRIED UNANAIMOUSLY
The meeting adjourned at 7:48 p.m.
Approved this {�day of / w(-�-✓vG' 20 1
Pre ident—James Hawkins Secretary—Connie T'gley(
Filename:2.24.2014 regular meeting.doc
Page 15 of 15