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HomeMy WebLinkAboutMinutes BZA 07-24-89 CARMEL BOARD OF ZONING APPEALS MINUTES - JULY 24, 1989 The regular meeting of the Carmel Board of Zoning Appeals was brought to order by Gilbert Kett, Chairman, on July 24, 1989 at the City Meeting Hall at 7 : 00 P .M. The meeting was opened with the Pledge of Allegiance . The members present we're : Gil Kett, President; Jeff Davis , Jim Miller. Ila Badger arrived at 7 : 04 p .m. The staff members present were : Wes Bucher, Dave Cunningham, Terry Jones , and Brad Buening, Dept . of Community Development . Gil Kett asked for a motion to approve the minutes from the June 26 , 1989 meeting. Jeff Davis so moved. Jim Miller seconded. The minutes were unanimously approved. Gil Kett commented on a note from Alan Potasnik re : the Special Use ( 5 year) Board of. Zoning Appeals matter concerning the Carnival at Keystone Square, which will be coming up for consideration again next year. PUBLIC HEARINGS : 1g. THIS ITEM WAS TABLED, PER THE PETITIONER' S REQUEST, AT THE JUNE MEETING. 7 : 00 P.M. , Public Hearing on Docket No. SU 45-89 , a Special Use application for Pilgrim Lutheran Church located at 10202 N. Meridian St . , Indpls . Petitioners are requesting special use approval to construct a total of 5 , 548 square feet of additions on to the existing 15 , 021 square foot structure . Parcel is zoned B-5 and S-2 . Filed by Pilgrim Lutheran Church. The public hearing opened at 7 : 01 P .M. Doug Floyd, Attorney, 198 South 9th St . , Noblesville, spoke on behalf of Pilgrim Lutheran Church and made the presentation for the Special Use, a copy of which is on file at the Department of Community Development . A site plan and elevations were shown of the existing limestone structure and the proposed addition . The church was granted ADLS approval by the Plan Commission, and TAC reviewed technical aspects and noted the land use is satisfactory, and recommended that there be an executed access easement agreement between the church and the Marriott . U. S . 31 is one access, The secondary access of 103rd St . was discussed at the Plan Commission and Industrial & Commercial committee . In response to that, a non executed utility and access agreement from CARMEL BOARD OF ZONING APPEALS MINUTES - JULY 24, 1989 2 Marriott Corp . to the church was submitted, and is part of the official record. All other items of concern have been resolved. There were no comments for or against the proposal . The public hearing closed at 7 : 04 . Gil Kett called board members ' attention to staff ,recommendations . Does access agreement satisfy staff ' s concerns? Dave Cunningham expressed concern about an access thru someone else ' s property. All those involved need to work out a better solution. At such a time that the undeveloped piece of property in between the church and the Marriott is developed, we would ask that the Plan Commission, property owners , and the Board work together for a better solution. There were no further questions by Board members . Jim Miller moved for approval of the project . Jeff Davis seconded. Ila Badger asked if this includes sign approval? The Attorney replied that it does not (This refers to the north side which was withdrawn from the Plan Commission) . The front ground sign was included in this presentation . Findings of fact were completed. The project was unanimously approved. 2g. THESE ITEMS WERE TABLED, PER THE PETITIONER' S REQUEST, AT THE JUNE MEETING. 7 : 00 P.M. , Public Hearing on Docket Nos . SV-48-89 and SV- 49-89, Developmental Standards Sign Variance Applications for Blockbuster Video located at 536 E . Carmel Dr. ,MCarmel . Petitioner is requesting variances from Sections . 25 . 7 . 04-1(c) iii and 25 . 7 . 04-1(c)vi . to allow signage that exceeds the maximum allowable sign area and does not comply with the unified center requirements set by the Carmel/Clay Sign Ordinance . Parcel is zoned B-8 . Filed by Douglas B . Floyd, Attorney for Blockbuster Video . Gil Kett indicated that this item was tabled at June meeting, and therefore the Petitioner cannot request tabling a second time . The petitioner wishes the Board to request tabling this evening. CARMEL BOARD OF ZONING APPEALS MINUTES - JULY 24, 1989 3 Jeff Davis moved to table the item. Jim Miller seconded to table until August meeting. Ila Badger was opposed, and stated it is normal to table 30 days, but not additional time . She wondered if there are still lighted signs in the windows and flashing yellow lights? She is bothered when we bend over backwards to accommodate the petitioners when they are not willing to comply with the present Zoning Ordinance . Mr. Cunningham responded: The yellow signs were turned off after the Plan Commission meeting; the OPEN signs were not . Ila indicated perhaps they were not off , and Mr. Cunningham suggested the Petitioner take that under advisement . Mr. Floyd indicated that the Petitioner felt the request for tabling was an accommodation to board, in response to the Plan Commission suggestion that the entire sign pkg of Marsh Center should perhaps be reviewed. The tenant made an effort to contact the property owner the day after the Plan Commission meeting. Mr. Barnes , the property owner, has been out of town and only recently returned. He has expressed willingness to discuss with an architect a redesign of the sign pkg to achieve consistency throughout the center. It is their hope that a unified sign pkg for whole center can be brought to the Board. RE : sign violations, Wes Bucher, Director of the Dept . of Community Development, has written a letter. (which Mr. Floyd has not received as yet) Mr. Floyd feels that the signs are currently in compliance, and the Petitioner intends to be in compliance . Ila Badger stated that the Plan Commission did NOT recommend the Petitioner go to the owner, nor request that you redo sign pkg. They merely suggested that if you wanted the signage badly enough, you might go to everyone in the shopping center and see if they would comply with what YOU want . Furthermore, ALL lighted window signs and MOVING YELLOW BULBS are illegal . Mr. Floyd expressed an apparent difference of opinion between the Board and those who enforce the Sign Ordinance . He also referred to Mr. Boone ' s suggestion (Plan Commission meeting) that Blockbuster Video come up with a means of consistency in the Sign Package . From that, Blockbuster felt this was the ONLY way they might achieve their request for signage . In response to Gil Kett ' s question about procedure if this item were not tabled this evening, Gordon Byers, Attorney, stated that if the item was not tabled, the Petitioner would need to reinitiate and re-advertise . Also, in response to Ila Badger' s concern about compliance with the Sign Ordinance, Mr. Byers stated it is not up to this body to pursue, at least not initially. Vote 3-1 to table (Ila Badger against) CARMEL BOARD OF ZONING APPEALS MINUTES - JULY 24, 1989 4 3g. 7 : 00 P .M. , Public Hearing on Docket No. V-51-89, a Developmental Standards Variance Application for Steve and Nancy Ison and their pool located at 4.0 Cool Creek Court, Carmel . Petitioner is requesting a variance from Section 5 . 3 . 2 of the Carmel/Clay Zoning Ordinance to allow an automatic pool cover in lieu of the required 6 ' fence . Parcel is zoned S-1 . Filed by Dave Hill of Scott Pools for Steve and Nancy Ison . The public hearing opened at 7 : 30 P.M. David Hill of Scott Pools 904 W. Main St . , Carmel, spoke on behalf of the Isons and made the presentation, a copy of which is on file at the Department of Community Development. Included was an aerial map showing the wide open field at back, on either side are homes , and across the street are woods and a creek. Presently there is a 6 foot fence on the north side, a 6 foot high chain link fence on the south side and a 4 foot high wire mesh fence on the west side . . There were no comments for or against the request, and the public hearing was closed at 7 : 34 P .M. Jeff Davis stated automatic pool covers are only safe when covered. Mrs . Ison stated that they have young children', the pool would be covered the majority of the time . Public notice has been taken care of . Jeff Davis made a motion for approval . Ila seconded. Findings of fact were completed by Board members . Approved 3-1 (Jim Miller against) 4g. 7 : 00 P.M. , Public Hearing on Docket SV-52-89, a Developmental Standards Sign Variance Application for Allen Travel Service, Inc . located at 11711 N. Pennsylvania Ave . , Suite 113 , Carmel . Petitioner is requesting to vary from Section 25 . 7 . 04-1(f ) .viii of the Carmel/Clay Zoning/Sign Ordinance to allow an illuminated window sign . Parcel is zoned B-2 . Filed by Michael L. Walker of Allen Travel Service, Inc. The public hearing opened at 7 : 36 p.m. CARMEL BOARD OF ZONING APPEALS MINUTES - JULY 24, 1989 5 Staff would recommend this project be tabled. A formal written request by the petitioner (Mr. Walker) was presented, and is a part of the official record. Ila wondered if the petitoner has worked in a diligent manner to prepare for this . Mr. Jones stated that the petitioner has the public notices , and the return receipts are not applicable because Browning and Kosene are the owners . Staff had questions going in to this meeting, as we had been unable to reach anyone from the Travel Service earlier. Ila expressed concern that without having all receipts, would we deny a hearing. Gordon Byers, Attorney responded that the white certified copies are required, the return receipts are not necessary. In addition, this petitioner may have to seek ADLS approval, and may have to redo their notice thru Browning property to other property owners . They were alerted to these facts and decided to make a determination based on those facts, asking that the item be tabled. Unanimous approval to table . 5g. Petitioner requested to be heard later in evening, as they are waiting for one member to arrive . 6g. 7 : 00 P.M. , Public. Hearing on Docket No. V-54-89 , a Developmental Standards Variance Application for the American Legion Post #155 located at 852 W. Main St . , Carmel . Petitioners are requesting a variance from amendment Z-211 Developmental Standard #5 of the Carmel/Clay Zoning Ordinance to allow a satellite dish antenna of 19 feet in lieu of the 12 foot maximum height limitation set by the Ordinance . Parcel is zoned B-3 and R-l. Filed by Commander Will True . Public hearing opened at 7 : 41 p.m. Charles Quattrochi, a Satellite TV dealer for Video Home Systems , 3600 Lafayette Rd. , Indpls , Ind. represented the Petitioner and made the presentation. He began with the plea on the first page . Ila Badger commented that variances to the ordinance will not be done because someone is a nice person . She does not feel any one is using the facilities referred to in the plea. Gil Kett felt the statement has nothing to do with the petition and asked that Mr. Quattrochi continue his presentation. • CARMEL BOARD OF ZONING APPEALS - JULY 24, 1989 6 The Legion is requesting the right to put the dish on the roof, not to exceed 19 feet'variance for safety reasons . There is a lot of playground equipment down on the ground, and the petitioner wants the dish in air to get away from that equipment, for safety reasons . Doing this would cover the 80% screening rule very easily. Mr. Quattrochi suggested going to the ground, but the petitioner wants to go in the air, and he can do this safely. 19 ' would be the maximum height . They have considered other sites but this is the best choice to get the entertainment they want, this is where it needs to be, as other sites would interfere with recreation areas . There were no comments for or against the petition. The public hearing closed at 7 : 50 pm. Gil Kett asked what does playground equipment have to do with it? The satellite dish would work within the Ordinance, but they have no spot for it without running into trouble with the recreational area. The safety factor is because of the number of people around. Mr. Kett asked about the "spike" on the pole and asked if someone could climb the pole? Mr. Quattrochi said the spike is attached so the pole can ' t tear the concrete . No one can climb the pole . He also indicated that if the dish is on the ground on a normal 4 1/2 ft . pole, anyone could run into the dish. In response to questions , Mr. Quattrochi said the dish could work to the east of the main building, but there are plans to build a new building. To the north is the same problem. There could be good reception on the playing fields , but the petitioner wants it high and away from everybody. Jim Miller questioned the percentage improvement of reception between 19 ft. and 12 ft . The response was it is an immaterial difference . Ila Badger asked about the west side of bldg. Response was that is a parking' lot . Ila Badger recommended they put the satellite to the east or to the north, and at such a time as they expand the building, they may need to come in for a variance . There have been no plans approved for expansion at this time . Ila Badger moved for approval as submitted. Jeff Davis seconded. CARMEL BOARD OF ZONING APPEALS MINUTES - JULY 24, 1989 7 Findings of fact were completed. Unanimously denied. • 7g. 7 : 00 P.M. , Public Hearing on Docket No. SU-55-89, a Special Use Application for the Porter Paint Co. and their proposed new business location at 10111 N. Michigan Rd. Petitioner is requesting special use approval to remodel an existing 9, 736 square foot structure . Parcel is zoned B-3 and is within the U. S . 421 Overlay Zone . Filed by E . Davis Coots, Attorney for Porter Paint Co. TABLED BY PETITIONERS . Ila Badger asked why it was tabled. Dave Cunningham indicated the request by the Petitioner was the lack of having everything resolved per TAC . Ila Badger said we seem to have so many tablings she wonders whether Docket # ' s are being issued prior to having all the information in to the department . Dave Cunningham responded that out of the three that were tabled this evening, the first one was at the Petitioner' s request . (This has also been tabled by the Plan Commission) . They are at this point not far enough along to proceed. The second one we had trouble corresponding with the actual applicant to resolve details of his application, and on this (third) one the petitioner did request tabling due to TAC concerns . 5g. 7 : 00 P.M. , Public Hearing on Docket No. SU-53-89, a Special Use Application for Harry B . Stout and his business building, the Stout Shoe Store located at 13155 N. Meridian, Carmel . Petitioner is requesting special use approval to construct a 2, 552 square foot addition to the existing 3 , 094 square foot store . Parcel is zoned B-3 . Filed by David Toth of Optima Design Group for Harry B. Stout . Public hearing opened at 8 : 00 p .m. David Toth, Optima Design Group, apologized for being late . Mr. Toth made the presentation, a copy of which is on file at the Department of Community Development . No lighting or drainage is being changed. The only addition is space . All items have been covered in the TAC review. There being no comments either in favor or in opposition, the public hearing closed at 8 : 03 P.M. CARMEL BOARD OF ZONING APPEALS MINUTES - JULY 24, 1989 8 Mr. Kett referred to TAC concerns , recordable commitment to install sidewalks, non-opposition to annexation, and revised drainage plans to TAC. Jeff Davis requested information on what is being built . Petitioner showed details of elevations and gave more information on building materials, colors , and improvements proposed. Sign exists . No request for sign at this time . Ila Badger inquired about sidewalks , Dave Cunningham explained the request to be implemented at the time the City of Carmel should request them. TAC concerns were covered. Drainage plans are in mail today to the TAC members , drainage would not change appreciably. Petitioner agreed to submit a letter of non-opposition to annexation and to submit a recorded commitment to install sidewalks and concrete radii along Main Street and sidewalks along Old Meridian when the city requests them. Ila moved for approval of the expansion contingent on DOCD receiving a recordable commitment from the petitioner to install sidewalks along Old Meridian, sidewalks and curb radii along Main Street, when requested by the City of Carmel and that petitioner will submit a letter of non opposition to annexation to the official file in the event that it ever arises . Mr. Miller seconded. Finding of facts were completed. Unanimously approved. Gil Kett said he would entertain a motion to adjourn. Jeff Davis moved for adjournment at 8 : 15 P.M. Seconded. Ila asked for direction on behalf of the Land Use Committee re : proposed changes in the swimming pool ordinance . The Committee has worked diligently and came up with proposed ordinance . . subsequently, Ila said she was told by DOCD that they would NOT support electronic pools covers in lieu of a 6 ft . fence . The Mayor also indicated she would not support it . This also prohibits above ground pools, and our Attorney says it would probably be taking away people ' s rights , and we probably cannot prohibit above ground pools . That is the opinion of our attorney, and he did CARMEL BOARD OF ZONING APPEALS MINUTES - JULY 24, 1989 9 confer with Steve Andrews on it. If members would like to see ordinance go through the normal process as it is now written, we will do so. If you feel the Committee should make changes to ensure its passage, we ' re going to end up with basically the same ordinance we now have, with the exception of we have landscape requirements in this one, which we have not had before . . Gil Kett commented that for 3 yrs we 've been walking thru the pool cover thing, probably three dozen or more people who have automatic pool covers and find them acceptable . Cannot believe Mr. Byers said above ground pools cannot be covered by the Ordinance . What do you say to the next people that come by with automatic pool covers? Ila Badger said the State of Indiana is now working on their requirements, and they have told the Department they are going to allow automatic pool covers in lieu of fencing. Does Ordinance require there be a gate? No, it does not. IF one had a 6 ft . fence with no access except from house, that would afford some safety. Most important is coming from the house to the pool if safety is your sole concern. Jeff Davis expressed avid support of covers . At a cost of $3, 000, if people spend the money, they will use it . Cannot prohibit a cover, only can approve the elimination of a fence. It may be less cumbersome to consider each one on its own merit . The variance process may be appropriate in this case . BZA is not giving approval of a cover, it is only approving the elimination of the fence requirement . Ila Badger said she would direct the Land Use committee to make adjustments to this to reflect the Board' s thoughts . There are other things in this ordinance that are not covered now, such as landscaping. She indicated she would bring it back to the Board.. Ila Badger asked about the letter from Alan Potasnik re: carnivals . Mr. Kett responded the Carnival at Keystone Square would be appearing before the Board next year, due to the fact that their five year approval is up this year. The meeting was adjouned. Unanimous approval at 8 : 20 p.m. Chairman Secretary