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HomeMy WebLinkAboutMinutes BZA 05-27-14 City o f Carme \ FOASTAHORROW 4r /NDIANP MINUTES Carmel Board of Zoning Appeals Regular Meeting Tuesday, May 27, 2014 6:00 p.m. Council Chambers, Carmel City Hall Present: James Hawkins,President Leo Dierckman Dennis Lockwood Earlene Plavchak Alan Potasnik Connie Tingley, Recording Secretary Staff members in attendance: Alexia Donahue Wold,Planning Administrator Mike Hollibaugh, Director, Dept. of Community Services III Legal Counsel: John Molitor Previous Minutes: On a motion made by Leo Dierckman and seconded by James Hawkins: The Minutes for the meeting dated April 28,2014,were approved as circulated. MOTION CARRIED UNANIMOUSLY Department Report: Alexia Donahue-Wold: • Items 45-49, Blackwell Park Phase II, are tabled to June 23 meeting Legal Council Report: John Molitor: • New litigation probably filed by end of week, pending approval by City Attorney • Previous litigation still pending in Court of Appeals Public Hearing 1-2. (V)450 1st Ave SE,Fosters Addition Lot 7. The applicant seeks the following development standards variances for a new home. Docket No. 14040015 V ZO CH: 9.04.03.A: 30 ft.Min Front Yd Setback, 12 ft. requested Docket No. 14040016 V ZO CH: 9.04.03.F: 35% Max Lot Coverage,37% requested IThe site is located at 450 1St Ave SE. The site is zoned R-3/Residential and is not within any overlay zones. Filed by Ed Freeman with Weekley Homes of Indiana, LLC. Present for Petitioner: Ed Freeman, Land Acquisition Manager and Michael Luedke,Division President, David Weekley Homes; Pat Chandler,realtor for property owner; and Mark Zukerman,realtor for David Weekley Homes WWW CARMEL.IN GOV Page I of 16 (317)571-2417 Carmel Board of Zoning Appeals May 27,2014 Meeting Ed Freeman • Gave brief history of David Weekley Homes o Founded 1976 in Houston, TX o Currently largest privately owned home building in America • Primarily design, construction, marketing and sales of new single-family homes • Site plan shown for home on Lot 7 • Variance for 12-foot front yard setback along 5th Street; standard is 30 feet • Second variance for maximum lot coverage of 37%; standard is 35% • Site at corners of 1St Avenue SE and 5th Street SE • Not feasible to build home without variances • Also building second single-family home on Lot 8; adjacent to north o Second address will be obtained o Second home does not need any variances Public Opposed: Sally Day, south of parcel • Received certified letter o Stated one single residence o Now hearing two residences • Area high pedestrian traffic • Stop sign for east/west traffic; most cars slide through o Traffic goes into apartments/condos to east o Home closer to street will be hazard to pedestrians and traffic • When her parcel was divided; it was mandated cars must back out of driveway o Straight out of driveway puts her on lot in question o Challenge to see traffic whipping around corner Judy Erner,north of parcel • Understood would only be one home; now will be two homes • Her parcel is 1.5 lots o Separated by side yard from subject parcel with tree and fence • Does not see how two homes would fit on 1.5 lots • Lots of traffic on side street o Payless Liquors and Cancun Restaurant • People even park in her driveway for restaurant o East/West traffic does not stop at stop sign o School traffic going east to elementary and high schools • Would like it to remain residential with one home Rebuttal: Ed Freeman • Actually three lots o Work with Hamilton County to make two lots o City of Carmel determined it is two lots o Did not notify neighbors of second lot which does not need any variances Public Hearing closed Department Report: Page 2 of 16 Carmel Board of Zoning Appeals May 27,2014 Meeting Alexia Donahue-Wold • Variances for new house on corner lot with minimum front yard setback of 12 feet on south side and lot coverage of 37% o Ordinance requires30-foot minimum front yard setback and 35%maximum coverage • Originally platted as two lots o One home built on two lots o Will build two homes on existing two lots • Northern parcel meets all setback requirements • Only southern parcel needs variances o Lot on corner is considered to have two front yards; one on each street • Petitioner would like to build closer to 5th Street • 12 feet meets setback requirement for a side yard (5 feet) • Will be further than 12 feet from street pavement • Property line does not go all the way to pavement o Right-of-way line and existing sidewalk separates home from street • Design of home will compliment character of area • Department recommends additions to home to break up facade o More windows on south facade o Break in material between house and garage • Both lots will be entered from alley o Rear-loaded garages • Department had not received any negative remonstrance o Not aware there were feelings against variances Department recommended positive consideration of both variances Discussion: • Plat was never vacated; still two lots • Only south lot was advertised for variances o Not sure if home could be re-designed to fit o 30-foot on both street frontages limits lot • South facade closer to street; wanted it enhanced/broken up o Long facade with attached garage o Help looks • Lots 7 (53 feet frontage) and 8 (52 feet) are very close in size o House proposed on lot 8 is 2621 square feet and no variances required o House proposed on lot 7 is 300 square feet larger • Would variances be needed if houses were same size? • 30-foot side setback reduces lot to 23 feet for house Michael Luedke: • 30-foot side yard would make lot very skinny o Corner lot (lot 7) is one-story; lot 8 is two-story • Keep roof line lower on corner • One-story home has larger footprint • Has 12.33 feet setback • With 30-foot setback, only 20 some feet to build in • Might not meet minimum width for home • Setting back 50 feet from corner for visibility at stop sign Page 3 of 16 Carmel Board of Zoning Appeals May 27,2014 Meeting g. Home on lot 8 only 11.85 feet off property line • Would not meet 30-foot setback Discussion continued: • Discrepancy in number of lots (2 or 3) o Hamilton County Assessor's Office shows three lots • Lot 8 consists of lot 8 and a second part of 8 making up lot 8 • Will make lot 8 one lot • Lots will be resolved before building • Old Town has homes built on more than one lot • Parts combined for tax purposes • Plat was never changed • Parcel zoned R-3 o Minimum 5 feet side yard setback with aggregate of 15 feet; 7.5 on each side to meet aggregate • Lot 8 shows two 5-foot setbacks • Will be 5 feet on north and 11 feet on south o Corner lot 7 • North considered side yard • West considered rear yard • 12.33-foot setback for building line off property line appears to align with Payless building on west • City considers this to be two legal lots • Home will be demolished o No curb cut along 5th Street SE o Coming off alley will help traffic o One-story home considerate of neighbors • If square footage reduced, might eliminate variance for 37% lot coverage o Picked house for this lot with back yard area o Front porch with back yards separate from street o Built similar homes in West Clay o Trying to meet intent of City of Carmel • West Clay homes $450,000 and up • These homes will be $500,000 Motion: On a motion made by Leo Dierckman and seconded by Earlene Plavchak: Docket Nos. 14040015 V and 14050016 V,450 1st Avenue SE,Fosters Addition Lot 7, be approved for minimum front yard setback(30 feet required, 12 feet requested) and maximum lot coverage (35% required, 37%requested). MOTION CARRIED UNANIMOUSLY 3-17. (V)Zeller Carmel(Meridian Mark I& II) The applicant seeks the following development standards variances: Docket No. 14020008 V ZO CH: 33.06C.1: US 3130 ft Greenbelt,0 ft requested Docket No. 14020009 V ZO CH: 33.05A.5: 15'Front Bufferyard along 116th St,0 ft requested Docket No. 14020010 V ZO CH: 33.05A.5: 15'Front Bufferyard along Pennsylvania St,0 ft requested Docket No. 14030008 V ZO CH: 27.08: Number of Parking Spaces for Meridian Mark I Building Docket No. 14030009 V ZO CH: 27.08: Number of Parking Spaces for Meridian Mark II Building Docket No. 14040048 V ZO CH: 27.02.03: No Parking in Greenbelt,Parking in Greenbelt along US 31 requested for Meridian Mark I Page 4 of 16 Carmel Board of Zoning Appeals May 27,2014 Meeting Docket No. 14040049 V ZO CH: 27.02.03: No Parking in Greenbelt,Parking in Greenbelt along US 31 requested for Meridian Mark 11 Docket No. 14040050 V ZO CH: 27.02.03: No Parking in Lawn Area,Parking in Lawn Area along Pennsylvania requested for Meridian Mark I Docket No. 14040051 V ZO CH: 27.02.03: No Parking in Lawn Area,Parking in Lawn Area along Pennsylvania requested for Meridian Mark II Docket No. 14040052 V ZO CH: 27.02.03: No Parking in Lawn Area,Parking in Lawn Area along North property line requested for Meridian Mark I Docket No. 14040053 V ZO CH: 33.05.A.5: 5 ft Bufferyard along North Side,0 ft requested along North property line for Meridian Mark I Docket No. 14040054 V ZO CH: 27.02.03: No Parking in Lawn Area,Parking in Lawn Area along North property line requested for Meridian Mark II Docket No. 14040055 V ZO CH: 33.05.A.5: 5 ft.Bufferyard along North Side,0 ft requested along North property line for Meridian Mark II Docket No. 14040056 V ZO CH: 27.02.03: No Parking in Lawn Area,Parking in Lawn Area along South property line requested for Meridian Mark II Docket No. 14040057 V ZO CH: 33.05.A.5: 5 ft.Bufferyard along South Side,0 ft. requested along South property line for Meridian Mark II The site is located at 11611 & 11711 North Meridian Street. The site is zoned B-5 within the US 31 Overlay Zone. Filed by Zeff Weiss with Ice Miller on behalf of the owners. Present for Petitioner: Zeff Weiss and Jason McNiel, Ice Miller and Mark Vollbrecht,Zeller Property Group Zeff Weiss • Properties located north side of 116th Street between US 31 North and Pennsylvania Street • Properties built before US 31 Overlay Zone for right-of-way along US 31 and before some amendments to Carmel Zoning Ordinance • Both buildings existed as a result of grandfathering; pre-existing non-conforming uses • INDOT widening of US 31 has impacted three of the four sides of property • Site location map shown • General impact eliminated some right-of-way along all three streets and some parking • Under existing Zoning Code, parking is not permitted in front of buildings on US 31 • Substantial Greenbelt exists • Result of taking, property becomes non-conforming o Law states if government takes part of property, all damages flow from that and it is not grandfathered • The 15 variances relate to: o Greenbelt o Parkway o Parking along US 31 o Five-foot setback between two properties o Not adequate parking under current Zoning Code • Along US 31: o Asking for parking in Greenbelt o Parking in Greenbelt along US 31 for Meridian Mark II o Reduction in Greenbelt: 6.2 feet to 23.4 feet(30 feet required) • Along Pennsylvania Street: o Parking in bufferyard for Meridian I and II o Setback from bufferyard for Meridian II; 2.1 feet to 20.5 feet (15 feet required) • Around perimeter of property: Page 5 of 16 Carmel Board of Zoning Appeals May 27,2014 Meeting o Parking for Meridian Mark I allows for 710 spaces • Reduction of 24 spaces from requirement o Parking for Meridian Mark II allows for 520 spaces • Reduction to 312 spaces due to change in Ordinance and loss of spaces • Will not be making any improvements to either property o Without improvements by INDOT, it would be non-conforming • Withdrawing variance to install 31 parking spaces in front of Meridian Mark II o Aerial map shown o Spaces to replace some lost to INDOT taking • Ask BZA to adopt the Findings of Fact in packet o Will not be injurious to public health, safety and welfare o No adverse impact to adjoiners for use and value o Strict application would result in practical difficulties because they cannot change what INDOT has done Public Hearing closed Department Report: Alexia Donahue-Wold • Site impacted by US 31 Improvement Project • Existing building will not be able to meet 30-foot Greenbelt requirements of US 31 Overlay or south and east bufferyard requirements due to right-of-way taking • Several other variances not specifically related to US 31 taking;related to existing building conditions that are legally non-conforming o Department considers them grandfathered uses o Petitioner wanted variances to make current building and existing site legally conforming • No changes to building proposed at this time • Would like to see some landscaping maintained along US 31 right-of-way o Especially in areas where they are losing Greenbelt • Any changes to site would be reviewed under current Ordinance • Not in favor of proposed additional parking that was withdrawn Department recommended favorable consideration of the variances. Discussion: • Not sure State of Indiana will make an allowance for greenscape they have removed o Not fair to ask Petitioner to replace/add what State removed • Aerial map showed parking area being taken and not replaced • Petitioner will not have any right to "green up"right-of-way that will belong to State • Variances requested that are not related to the taking by INDOT allow parking in front of building along US 31 o Existed lawfully before US 31 Overly Zone o After Overlay Zone,they are non-conforming • Nothing on the site will be changed at this point Motion: On a motion made by Leo Dierckman and seconded by Alan Potasnik: Docket Nos. 14020008 V-14020010V; 14030008V-14030009 V; and 14040048 V-14040057V,Zeller Carmel Meridian Mark I & II, be approved for Development Standard Variances for: Page 6 of 16 Carmel Board of Zoning Appeals May 27,2014 Meeting Docket No. 14020008 V: US 3130 ft Greenbelt, 6.2 ft to 23.4 ft requested IDocket No. 14020009 V: 15' Front Bufferyard along 116th St, 0 ft requested Docket No. 14020010 V: 15' Front Bufferyard along Pennsylvania St,2.1 ft. to 20.5 ft requested Docket No. 14030008 V: Number of Parking Spaces for Meridian Mark I Bldg, reduction to 710 spaces requested Docket No. 14030009 V: Number of Parking Spaces for Meridian Mark II Bldg, reduction to 520 spaces requested Docket No. 14040048 V: No Parking in Greenbelt, Parking in Greenbelt along US 31 requested for Meridian Mark I Docket No. 14040049 V: No Parking in Greenbelt, Parking in Greenbelt along US 31 requested for Meridian Mark II Docket No. 14040050 V: No Parking in Lawn Area, Parking in Lawn Area along Pennsylvania requested for Meridian Mark I Docket No. 14040051 V: No Parking in Lawn Area, Parking in Lawn Area along Pennsylvania requested for Meridian Mark II Docket No. 14040052 V: No Parking in Lawn Area, Parking in Lawn Area along North property line requested for Meridian Mark I Docket No. 14040053 V: 5 ft Bufferyard along North Side, 0 ft requested along North property line for Meridian Mark I Docket No. 14040054 V: No Parking in Lawn Area,Parking in Lawn Area along North property line requested for Meridian Mark II Docket No. 14040055 V: 5 ft. Bufferyard along North Side,0 ft requested along North property line for Meridian Mark II Docket No. 14040056 V: No Parking in Lawn Area, Parking in Lawn Area along South property line requested for Meridian Mark II Docket No. 14040057 V: 5 ft. Bufferyard along South Side, 0 ft. requested along South property line for Meridian Mark II MOTION CARRIED UNANIMOUSLY 18-35. (V)Meridian Plaza Property The applicant seeks the following development standards variances: Docket No. 14020011 V ZO CH 23B12.A: No Parking Between US 31 & the Build to Line Docket No. 14020012 V ZO CH 33.06C.1: US 31 30 ft Greenbelt,0 ft requested Docket No. 14020013 V ZO CH 33.05A.5: 15 ft.Front Bufferyard along 103'd St,0 ft requested Docket No. 14030006 V ZO CH 27.08: Number of Parking Spaces for Meridian Plaza II Building Docket No. 14030007 V ZO CH 27.08: Number of Parking Spaces for Meridian Plaza III Building Docket No. 14040035 V ZO CH 27.02.03: No Parking in Greenbelt,Parking in Greenbelt along US 31 requested for Meridian Plaza II Docket No. 14040036 V ZO CH 27.02.03: No Parking in Greenbelt,Parking in Greenbelt along US 31 requested for Meridian Plaza III Docket No. 14040037 V ZO CH 23B.08.C.1: 90 Ft Build To Line along US 31,65.7 ft to 83.1 ft requested for Meridian Plaza II Docket No. 14040038 V ZO CH 27.02.03: No Parking in Required Lawn Area,Parking in Lawn Area requested along 103rd St Docket No. 14040039 V ZO CH 27.02.03: No Parking in Lawn Area,Parking in Lawn Area Requested along Pennsylvania St for Meridian Plaza H Docket No. 14040040 V ZO CH 27.02.03: No Parking in Lawn Area,Parking in Lawn Area requested along Pennsylvania St for Meridian Plaza HI Docket No. 14040041 V ZO CH 33.05.A.5: 15 ft.Bufferyard along Pennsylvania,0 ft. to 9 ft requested along Pennsylvania St for Meridian Plaza H& III Page 7 of 16 Carmel Board of Zoning Appeals May 27,2014 Meeting Docket No. 14040042 V ZO CH 27.02.03: No Parking in Lawn Area,Parking in Lawn Area Requested Along North Property Line for Meridian Plaza II Docket No. 14040043 V ZO CH 33.05.A.5: 5 ft:Bufferyard along North Side,0 ft Requested Along North Property Line for Meridian Plaza H Docket No. 14040044 V ZO CH 27.02.03: No Parking in Lawn Area,Parking In Lawn Area Requested Along South Property Line for Meridian Plaza II Docket No. 14040045 V ZO CH 33.05.A.5: 5 ft.Bufferyard along South Side,0 ft.Requested Along South Property Line for Meridian Plaza H Docket No. 14040046 V ZO CH 27.02.03: No Parking in Lawn Area,Parking in Lawn Area requested along North property line for Meridian Plaza HI Docket No. 14040047 V ZO CH 33.05.A.5: 5 ft.Bufferyard along North Side,0 ft requested along North property line for Meridian Plaza HI The sites are located at 10333 & 10401 North Meridian Street. The sites are zoned B-5 within the US 31 Overlay Zone. Filed by Zeff Weiss with Ice Miller on behalf of the owners. Present for Petitioner: Jason McNiel and Zeff Weiss, Ice Miller Jason McNiel • Site map shown o Located on east side of Meridian Street between 103rd and 106th Streets o Northern building constructed in 1988 o Building 3 constructed in 1986 o Constructed before US 31 Overlay Zone and Zoning Ordinance amendments o Legal non-conforming uses • State has taken property for US 31 project o Long strip along western edge of property o Five retention ponds will be impacted o State taking will bring right-of-way along retaining ponds • Several ponds will be cut into • No changes will be made to property • US 31 variances: o Allow parking in Greenbelt for Meridian Plaza II o Parking in Greenbelt for Meridian Plaza III (southern building) o Reduction in Greenbelt along US 31; varying from 4 feet to 21.4 feet o Reduction in build-to line; varying from 65.7 feet to 83.1 feet for Meridian Plaza II (90 feet required) o Parking allowed between US 31 and build-to line for Meridian Plaza III building • 103rd Street variances: o Reduction in bufferyard line; ranging from 3.7 feet to 8.1 feet (15 feet required) o Parking spaces located in perimeter bufferyard along 103rd Street for Meridian Plaza III • Pennsylvania Street variances: o Parking located in perimeter bufferyard o Reduction in bufferyard along Pennsylvania Street; varying from 0 feet to 9 feet for Meridian Plaza II (15 feet required) o Parking in perimeter bufferyard along Pennsylvania Street for Meridian Plaza III o Reduction in bufferyard along Pennsylvania Street, varying from 0 to 2.4 feet for Meridian Plaza III o Parking along northern property line in bufferyard of Meridian Plaza II o Reduction in bufferyard along northern property line; 0 feet(15 feet required) o Parking along southern line of Meridian Plaza II in perimeter bufferyard Page 8 of 16 Carmel Board of Zoning Appeals May 27,2014 Meeting o Reduction in bufferyard; 0 feet(15 feet required) o Parking in bufferyard along northern property line of Meridian Plaza III o Reduction in bufferyard; 0 feet(15 feet required) • Requesting 396 parking spaces (reduction of 114) for Meridian Plaza II • Requesting 398 parking spaces (reduction of 70) for Meridian Plaza III • No changes made to site o Will not be injurious to public health, safety and welfare • Improvements existed in current condition for many years o Use and value of adjacent area will not be affected • Surrounded by office buildings o Strict application would result in practical difficulties because taking has affected property Public Hearing closed Department Report: Alexia Donahue-Wold • Site impacted by US 31 Improvement Project • Existing buildings will not be able to meet several of the requirements of US 31 Overlay Zone • Additional variances relate to existing legal non-conforming status • No changes proposed to building at this time o Any changes to site would be reviewed against current Ordinance IDepartment recommended favorable consideration of the variances Discussion: • Nothing will be changed at the site • Basically same as prior petition to bring non-conforming use into compliance o Parking between US 31 and build-to line • Adequate parking at this time o Do not see need for additional parking or parking garage unless office space is expanded o State not taking any parking from this project (grandfathered parking) • Buildings originally constructed according to Zoning Ordinance o Became non-conforming as Ordinance changed Motion: On a motion made by Leo Dierckman and seconded by James Hawkins: Docket Nos. 14020011 V-14020013 V; 14030006 V-14030007 V; and 14040035 V-14040047 V, Meridian Plaza Property,be approved for Development Standard Variances for: Docket No. 14020011 V: No Parking Between US 31 & the Build to Line Docket No. 14020012 V: US 3130 ft Greenbelt, 4 ft to 21.4 ft requested Docket No. 14020013 V: 15 ft. Front Bufferyard along 103rd St,3.7 ft to 8.1 ft requested Docket No. 14030006 V: Number of Parking Spaces for Meridian Plaza II Bldg, reduction to 396 spaces requested Docket No. 14030007 V: Number of Parking Spaces for Meridian Plaza III Bldg, reduction to 398 spaces requested Docket No. 14040035 V: No Parking in Greenbelt, Parking in Greenbelt along US 31 requested for Meridian Plaza II Docket No. 14040036 V: No Parking in Greenbelt, Parking in Greenbelt along US 31 requested for Page 9 of 16 Carmel Board of Zoning Appeals May 27,2014 Meeting Meridian Plaza III Docket No. 14040037 V: 90 Ft Build To Line along US 31, 65.7 ft to 83.1 ft requested Meridian Plaza II Docket No. 14040038 V: No Parking in Required Lawn Area,Parking in Lawn Area along 103rd St Docket No. 14040039 V: No Parking in Lawn Area,Parking in Lawn Area Requested along Pennsylvania St for Meridian Plaza II Docket No. 14040040 V: No Parking in Lawn Area, Parking in Lawn Area requested along Pennsylvania St for Meridian Plaza III Docket No. 14040041 V: 15 ft. Bufferyard along Pennsylvania, 0 ft. to 9 ft requested along Pennsylvania St for Meridian Plaza II & III Docket No. 14040042 V: No Parking in Lawn Area, Parking in Lawn Area Requested Along North Property Line for Meridian Plaza II Docket No. 14040043 V: 5 ft. Bufferyard along North Side, 0 ft Requested Along North Property Line for Meridian Plaza II Docket No. 14040044 V: No Parking in Lawn Area, Parking In Lawn Area Requested Along South Property Line for Meridian Plaza II Docket No. 14040045 V: 5 ft. Bufferyard along South Side,0 ft. Requested Along South Property Line for Meridian Plaza II Docket No. 14040046 V: No Parking in Lawn Area, Parking in Lawn Area requested along North property line for Meridian Plaza III Docket No. 14040047 V: 5 ft. Bufferyard along North Side, 0 ft requested along North property line for Meridian Plaza III MOTION CARRIED UNANIMOUSLY 36-44.(V)Meridian Plaza I The applicant seeks the following development standards variances for an existing office building: Docket No. 14040006 V ZO CH 23B.08.01.C(1): 90 ft.Build To Line Along US 31,87.6 ft requested for a portion Docket No. 14040007 V ZO CH 27.02.03: No Parking in Greenbelt,Parking in 30 ft. Greenbelt requested Docket No. 14040008 V ZO CH 27.02.03: No Parking in Bufferyards,Parking in Bufferyard requested along 106th St Docket No. 14040009 V ZO CH 27.08: Min 273 Parking Spaces,243 spaces requested Docket No. 14040010 V ZO CH 33.05.A(5): 15 Ft Min Bufferyard Along 106th Street,0 ft. requested Docket No. 14040011 V ZO CH 33.06.C(1): Min 30ft Greenbelt along US 31,0 to 4.9 ft. requested Docket No. 14040012 V ZO CH 33.05.A(5): Min 15 ft.Bufferyard along Pennsylvania,5.3 to 14 ft. requested Docket No. 14040013 V ZO CH 33.05.A(5): Min 5 ft.Bufferyard along South,0 ft. requested Docket No. 14040058 V ZO CH 23B.12.A: No Parking Between Us 31 &the Build To Line The site is located at 10585 North Meridian Street. The site is zoned B-5 within the US 31 Overlay Zone. Filed by Zeff Weiss and Jason McNiel with Ice Miller on behalf of the owners, Bastion Development. Present for Petitioner: Jason McNiel and Zeff Weiss, Ice Miller Jason McNiel • Property north of Meridian Plaza II and III • State taking along US 31 has affected property, including 30-34 parking spaces • No changes will be made to property o Want to bring property into compliance with Zoning Ordinance • Three-story office building constructed in 1987 o Before US 31 Overlay Zone and several amendments to the Zoning Ordinance • Asking for same reduction in Greenbelt o Allow parking in Greenbelt Page 10 of 16 Carmel Board of Zoning Appeals May 27,2014 Meeting o Site map shown o Reduction in Bufferyard along 106th Street o Parking in buffer along Pennsylvania • Asking for parking variance to reduce parking requirements by 30 spaces to 243 spaces • Will not be injurious to public health, safety, morals and general welfare because building has not changed • Use and value of adjacent area will not be affected o Bordered by office space and use will not change • Practical difficulty because the taking was not something they ask for o It affected parking and frontage along US 31 • Variances will allow property to continue operating as it has been Public Hearing closed Department Report: Alexia Donahue-Wold • Site affected by US 31 Improvement Project • Existing building will not be able to meet several requirements of Overlay Zone o 90-foot build-to line o 30-foot Greenbelt • Additional variances do not relate to US 31 project, but address existing site and building conditions that are legally non-conforming • No changes are proposed to the building at this time • Variances will bring property into compliance Department recommended favorable consideration of all variances Motion: On a motion made by Leo Dierckman and seconded by James Hawkins: Docket Nos. 14040006 V-14040013 V and 14040058 V, Meridian Plaza I, be approved for Development Standard Variances for: Docket No. 14040006 V: 90 ft. Build To Line Along US 31, 87.6 ft requested for a portion Docket No. 14040007 V: No Parking in Greenbelt, Parking in 30 ft. Greenbelt requested Docket No. 14040008 V: No Parking in Bufferyards, Parking in Bufferyard requested along 106th St Docket No. 14040009 V: Min 273 Parking Spaces, 243 spaces requested Docket No. 14040010 V: 15 Ft Min Bufferyard Along 106th Street,0 ft. requested Docket No. 14040011 V: Min 30ft Greenbelt along US 31, 0 to 4.9 ft. requested Docket No. 14040012 V: Min 15 ft. Bufferyard along Pennsylvania, 5.3 to 14 ft. requested Docket No. 14040013 V: Min 5 ft. Bufferyard along South, 0 ft. requested Docket No. 14040058 V: No Parking Between US 31 & the Build To Line MOTION CARRIED UNANIMOUSLY IComments: Mr. Molitor • These actions vindicated the City's planning efforts over the last 3 decades. o Additional bufferyards and parking requirements in anticipation that the State of Indiana might improve US 31 o State not required to take or demolish any part of the buildings Page 11 of 16 Carmel Board of Zoning Appeals May 27,2014 Meeting o Planning efforts worked o Buildings will be able to continue to function 45-49. (V)Blackwell Park Phase H. TABLED to June 23,2014 The applicant seeks the following development standards variances for a new subdivision: Docket No. 14040017 V ZO CH: 8.01.02: Max Density 3.91ots/acre,4.33 lots/acre requested Docket No. 14040018 V ZO CH: 8.04.02: Min Lot Size 10,000 sq.ft,6,600 sq.ft. requested Docket No. 14040019 V ZO CH: 8.04.03.A: 35 ft.Min Front Yd. Setback,20 ft. requested Docket No. 14040020 V ZO CH: 8.04.03.E: Min Lot Width 80 ft.,55 ft. requested Docket No. 14040021 V ZO CH: 8.04.03.F: 35% Max Lot Coverage,45% requested The site is located at 510-531 Burnett Court in Cannel,just north of 5th Street NE and east of 2nd Ave NE. The property is zoned R-2/Residential and is not located in an overlay zone. Filed by Andrew Greenwood of Old Town Development, LLC. 50. (CA) Tom Wood Day Drive,Parking Lot Lighting The applicant seeks to amend a commitment, made in 2012 as a part of the Use Variance for a parking lot, to allow parking lot lighting: Docket No. 14040022 CA: (CA)Tom Wood Day Drive,Parking Lot Lighting The site is located at 9624 Day Drive. It is zoned S-2/Residence. Filed by Paul Reis of Krieg DeVault for Tom Wood, Inc. Present for Petitioner: Paul Reis, Krieg DeVault and John Wood, V.P. Tom Wood Management Paul Reis • Site plan shown o Surface parking lot and neighboring parcels indicated • Received variance in November 2012 to allow surface parking lot o Petitioner did not believe any lighting would be necessary o After developed realized it was not appropriate • Insurance and risk-management o Commitment stated "as long as real estate was being used as a surface parking lot for storage of motor vehicles, no lights would be installed on the real estate unless specifically approved." • This variance is a modification to allow lighting o Mr. Lockwood is only Board member that did not hear original petition in 2012 • Site map shown o Phase 2 to north is existing residence o Phase 1 to south o Current plan is not to remove residential building; may become residence again o Only develop south portion with additional landscape buffer and detention pond for stormwater drainage o Discussed lighting with Angie Conn and Alexia Donahue-Wold • To not affect residents to north • LED fixtures were chosen(shown in packet) • Fixtures rated`BUG" (Back light, Up light& Glare) • Selected fixtures have zero rating • All lighting focused with dampers to front • No up or back lighting or glare • Fixtures certified under Dark Sky Initiative o Deals with light trespass, glare and pollution Page 12 of 16 Carmel Board of Zoning Appeals May 27, 2014 Meeting o Particularly for lighting next to residential neighborhoods • 15-foot poles to decrease number of lighting fixtures necessary to provide adequate lighting into site Public Hearing closed Department Report: Alexia Donahue-Wold • 2 remonstrance letters were distributed • Use Variance approved for parking lot in 2012 • This variance for parking lot lighting for security purposes • Proposed lighting will have as little impact on surrounding properties as possible o Poles limited to height of 15 feet o Lighting levels at property line will be zero foot candles • Ordinance permits .1 foot candles at residential lot lines and .3 foot candles at non- residential lot lines o Proposed LED down lighting so light element will be flush with fixture and shielded from direct view o Buffering will be provided in required bufferyards for neighbors to north and south property lines of 15 feet and 10 feet respectively; per original Use Variance • Some lights appear to be angled at 20 degree tilt; light source may be visible IDepartment recommended positive consideration. Discussion with Board: • Petitioner had not received copies of remonstrance letters o Advisio letter had many excellent points • Appears to be parking of vehicles on grass o Should table matter until Petitioner has opportunity to review letter and respond Mr. Reis: • Use has been approved o Understands remonstrator does not like the use • Only matter before Board is to permit lights; amend commitment • Petitioner has tried to make this as suitable as possible o Need for lighting was discussed at 2012 hearing • Not parking vehicles on grass until parking lot is installed • Drainage approved by Engineering Department • Landscaping approved by Daren Mindham, Urban Forester • Intend to retain current residence for additional buffering o Additional landscaping installed if residence removed • Respectfully ask petition not be tabled and lighting be approved • Can follow-up about the 20 degree tilt o Photometric plan indicates zero rating and zero BUG rating o Intend for all light to go away from residences and on south also o Should be no migration off site Discussion continued: • Remonstrance shows pictures of cars parked on grass as if it were a parking lot . • Issues raised in letter should be discussed with remonstrator Page 13 of 16 Carmel Board of Zoning Appeals May 27,2014 Meeting o Commercial use in residential area o Lighting is big issue in residential area • Remonstrators concerned about way road is being treated o Originally no parking along road o No activity other than storage and recovery of cars Mr. Reis: • Road maintenance agreement was never agreed upon o Neighbors refused to sign o Petitioner made commitment to maintain and repair road • He was not aware of these issues; parking and flooding o Did not feel Department or Mr. Wood had not seen these pictures • Parking conditions caused by tenant; will be looked into Discussion continued: • Road maintenance agreement needs to be looked into • Location of cars and parking were discussed in original petition • Original commitments not being kept • If tabled, other issues can be dealt with Action: Petitioner requested to TABLE Docket No. 14040022 CA,Tom Wood Day Drive, Park Lot Lighting until the June 23, 2014 meeting. 51-52. (V) Greyhound Commons/Lowes,Ground Signs. The applicant seeks the following development standards variances for 2 new ground signs: Docket No. 14040030 V PIJD Z-344, Sec. 11.3.C.1: 1 Ground Sign Permitted,3 total requested Docket No. 14040031 V ZO CH: 25.07.01-06.h: Sign Prohibited in Right-of-Way The site is located at 14480 Lowes Way. It is zoned PUD. Filed by Paul Reis with Krieg DeVault, LLP on behalf of Kite Greyhound,LLC. Present for Petitioner: Paul Reis,Krieg DeVault and Joy Skidmore, Project Manager Kite Realty Group • Retail center located at 146th Street and Lowes Way o Adjacent to US 31 and Keystone Parkway o Site map shown • Since center developed, many changes made in area o 146th Street widened with new bridge over US 31 • Elevated road considerably • Retail center appears to be in a hole • Visibility of center reduced significantly • Detrimental impact on center and ability to attract customers • Two additional ground signs crucial to success of center o One to re-rent former Fox & Hound Restaurant and two additional sites o Site plan of proposed signs • First sign on off ramp of US 31 going up to 146th Street • Ramp from Keystone Parkway goes to west of that area • Focuses on northbound US 31 traffic • Second sign at intersection of 146th Street and Lowes Way • Located in right-of-way of 146th Street and Lowes Way • Grade change would make sign significantly taller Page 14 of 16 Carmel Board of Zoning Appeals May 27,2014 Meeting o One to two feet grade difference • Met with County Highway Director, Jim Neal o Receptive to sign being in right-of-way o Subject to approval by Hamilton County Board of Commissioners • Commissioner Altman tentatively in favor • Sign in accordance with PUD o Will need another variance for additional one to two feet sign height • Addition of these two signs will enhance the public health, safety and welfare by providing more effective signage for center and improve access and visibility o Additional signs will not have any effect on use or value of adjacent area o Located on major thoroughfares and away for residential areas o Strict application of PUD will hamper ability of owner to develop center Public Hearing closed Department Report: Alexia Donahue-Wold • One sign permitted per PUD for this development o Current Ordinance would allow additional ground signs because they have three frontages • One sign in right-of-way due to existing site conditions o Not good location on property for sign near 146th Street • Steep incline ■ Need to be much taller to be visible from street o Set back far enough to not obstruct vision clearance o Will need approval from County • Signs meet other requirements of PUD o May need variance in future for height • Signs designed to match existing signs Department recommended favorable consideration of variances Discussion: • Would variance be needed if"Greyhound Commons" eliminated from sign? o Most people do not refer to locations by name of real estate development o Five spots for tenant names Ms. Skidmore: • "Greyhound Commons" listed on directional signs around Carmel o On ground sign so people will know location of"Greyhound Commons" o Only sign on 146th Street will be too tall o One on Keystone exit ramp correct height o Petitioner will check PUD for height specifications/leeway Discussion continued: • Not sure the Meridian sign location is same as one proposed a few years ago o This is ideal location after Keystone has been rebuilt o Center is very visible when traveling north • Existing sign permitted o New signs trying to match this sign Page 15 of 16 Carmel Board of Zoning Appeals May 27,2014 Meeting Motion: On a motion made by James Hawkins and seconded by Earlene Plavchak: Docket Nos. 14040030 V and 14040031 V, Greyhound Commons/Lowes, Ground Signs,be approved for 2 new ground signs (1 permitted, 3 total requested) and sign prohibited in right-of-way. MOTION CARRIED 4-1 (Potasnik negative) Adjournment: Motion: On a motion made by Leo Dierckman and seconded by Earlene Plavchak: The Meeting be adjourned. MOTION CARRIED UNANAIMOUSLY The meeting adjourned at 7:55 p.m. Approved this 231rd day of J 20/ esident—James Hawkins Secretary—Connie ngle Filename:S/BZA/Minutes/2014/Minutes BZA 05-27-14 Page 16 of 16