HomeMy WebLinkAboutMinutes BZA 04-22-96 CARMEL/CLAY BOARD OF ZONING APPEALS
APRIL 22, 1966
The meeting was called to order by the President in Council Chambers, One Civic Square,
Carmel, Indiana, at approximately 7:00 PM with the Pledge of Allegiance.
Members present were as follows: Mary Ann Burke; Richard J. Klar; Alan Klineman; Earlene
Plavchak; and Charles W. Weinkau£
A quorum was declared.
Also present were Mark Monroe and Terry Jones representing the Department of Community
Services, and John Molitor, Outside Counsel for the City of Carmel.
Dick Klar moved for approval of the minutes of the previous meeting, seconded by Mary Ann
Burke. All in favor, MOTION APPROVED.
H. PUBLIC HEARING:
lh. Foster Estates Clubhouse (SU-28-96)
Petitioner seeks Special Use approval to construct a bathhouse and pool within the Foster
Estates Subdivision. The site is located at the southeast corner of Maralice Drive and
Stacey Street. The site is zoned R-1/Residential.
Filed by Quadrant Development Company.
Jim White, general manager of Quadrant Development Company, 445 Gradle Drive, Carmel,
appeared before the Board representing the applicant. Mr. White stated that the facility will
include not only the bathhouse and pool but a clubhouse as well. There are currently two new
sections under development, Section 6A and 7. The clubhouse facility will be developed on three
lots in Section 7 of Foster Estates, bounded by section 7 on three sides, a power line easement to
the south, and Smokey Ridge to the south of the easement.
Initially, there will be green space where the tennis courts will be installed at a later date. The
clubhouse facility is of a residential style to blend with the architectural style of homes in Foster
Estates. Outside lighting meets the ordinance, and the landscaping concerns have been addressed.
The property is not located in a flood plain; the special use is consistent with the character and
permitted land use of the zoning district and the Comprehensive Plan; the use is physically suitable
for the land in question; the use is not injurious nor will it adversely affect the adjacent land or
property values; the special use will not adversely affect vehicular traffic flow or the adequate
availability of water, sewage or storm facility, or police or fire protection. The project has been
reviewed by the Technical Advisory Committee and all concerns have been addressed.
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Members of the public were invited to speak in favor or opposition to the proposed project; none
appeared and the public hearing was closed.
Mark Monroe of the Department confirmed that the property does not lie within a flood plain
district. The Department recommends approval as submitted.
Alan Klineman asked for clarification of the public notice and whether or not a tennis court
facility was included in the notice. Mark confirmed that the notice for public hearing advertised a
special use application to construct a community facility which includes clubhouse, swimming
pool, and tennis courts. The petitioner confirmed the property owners who were noticed.
Mr. White reiterated that the tennis courts will not be built initially as a part of the recreational
facility, and there are no plans to light the courts; however, approval is being requested so that
the homeowners may install the tennis courts at a future date without having to come before the
Board of Zoning Appeals.
Charles Weinkauf moved for the approval of Foster Estates Clubhouse (SU-28-96), seconded
by Dick Klar.
There was further discussion regarding the lighting of the tennis courts, and fencing. There is no
fence around the project, but there is a fence around the pool for restricted access.
Dick Klar amended Mr. Weinkaufs motion to provide that any future, additional lighting would
have to be approved by the Board of Zoning Appeals and the Department of Community
Development, seconded by Mary Ann Burke. The vote was five in favor, none opposed,
MOTION APPROVED AS AMENDED.
2h. Speedway/Starvin Marvin Gas Station (SU-29-96)
Petitioner seeks Special Use approval to construct a gas station within the B-3/Business
district. The site is located at 10005 North Michigan Road at the site of the existing
Checker Gas Station. The site is zoned B-3/Business. (The petitioner will also be
appearing before the Carmel/Clay Plan Commission for Development Plan and
Architectural Design, Landscaping, Lighting, and Signage approval.)
Filed by Marathon Oil Company.
Ed Kelly of Marathon Oil Company, 5000 West 86th Street, Indianapolis, appeared before the
Board representing the applicant. Approval is being sought to construct a "Starvin Marvin" gas
station in place of the existing Checker Gas Station at 10005 North Michigan Road.
Mr. Kelly displayed a survey of the parcel and existing structure, ingress/egress. The surrounding
uses are B-3/Business to the south, (Porter Paints) B-2/Business farther south, (Lumber Yard) to
the east and north is B-3 ground, currently vacant, opposite Michigan Road is Mayflower and
C&E Rental, zoned I-1.
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The petitioner is proposing a 2888 square foot building which will be a Speedway Convenience
Store and six fueling dispensers with an overhead canopy. The building will be 23 feet high; from
the ground to the top of the canopy measures 21 feet with a 16 1/2 foot clearance. The building
will be of gray, split-face block patterned after the Marathon Station at 116th Street and
Rangeline Road. The roof is blue shingle with a blue accent stripe; the canopy will be gray with a
red stripe. The two existing approaches will be utilized; the southern approach is shared with
Porter Paints and there is a cross easement agreement to that extent. By way of letter, the Indiana
Department of Transportation has formally approved the use of the two existing approaches. All
parking within the lot will be paved and curbed as required. There are no variances required. The
right-of-way line from the center of Michigan Road to the subject property line is 50 feet. The
applicant is in compliance with the Overlay Zone requirements regarding the 30 foot greenbelt
requirement; 8 foot sideyards and 10 foot rear yard setback.
The lighting plan is point one foot candle at all property lines. The landscape plan has been
reviewed by the Department of Community Services and has been approved. The mechanical
equipment will be on ground and screened by a six foot, wooden shadow-box fence. There will
be a trash enclosure north of the building with same construction material as the building. There
are 16 required parking spaces, 23 have been provided. Zoning for the B-3/Business does require
a three acre parcel and the current site is a two acre parcel; the lot was recorded at the Auditor's
office before the ordinance took effect and no variance is needed. Site drainage surface flows to a
drainage swale to the east. There is an existing water and gas meter at the right-of-way which
will be utilized.
Signage: there is one, 40 square foot, ground mounted sign with changeable copy for gasoline
prices. Mr. Kelly distributed copies of the language required by State law (no smoking, turn off
your motor, etc.) The petitioner is proposing to use two signs in lieu of a three square foot sign
at each fuel dispense. The State of Indiana does not have any size requirements on these signs,
only that they be conspicuously posted. Marathon Corporate headquarters in Ohio does have
limitations on the size of the letters on the signs--four inch letters for self-service, two inch letters
for the "stop engine, no smoking" sign.
Traffic circulation for oil tankers requires no turn around, and there is no cross traffic on the site.
A traffic survey was conducted at the request of the Department, and the engineer felt that the
actual number of additional trips created no negative effect to the existing roadway. Concerning
the two approaches with existing passing blister and right turn lanes, no improvements were
recommended.
Members of the public were invited to speak in favor or opposition to the proposed project; none
appeared and the public hearing was closed.
Mark Monroe of the Department stated that the petitioner will be appearing before the Plan
Commission, probably in May, for DP/ADLS approval. The landscape plan has been revised and
does meet the Ordinance requirements as well as the Department's recommendations as far as
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species and plant types. In regard to the signage for the pumps, the Department has no
information on file from the petitioner which shows that there is any Federal law of State of
Indiana law that would pre-empt the local sign ordinance. At this point, the Department is
recommending that the pump signage as presented be within the local Sign Ordinance requirement
which is three square feet or less. The nine foot square signage presented by the petitioner does
not comply with Carmel's Sign Ordinance. There have been a few changes to the site plan, and
with those changes, the Department is recommending approval of the project.
Point of clarification: The Board is voting on Special Use approval only, not signage.
Dick Klar moved for the approval of Speedway/Starvin Marvin Gas Station (SU-29-96),
seconded by Alan Klineman. The vote was five in favor, none opposed, MOTION
APPROVED.
There being no further business to come before the Board, the meeting was adjourned at 7:55
PM.
Ramona Hancock, Secretary Earlene Plavchak, President
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