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HomeMy WebLinkAboutBoard of Zoning Meeting Minutes 3-22-93 BOARD OF ZONING March 22, 1993 The meeting was called to order with the Pledge of Allegiance at 7:00 PM by Richard Klar, President, at the City Council Chambers. Dick Kiar introduced Bill Ensign to the Board and audience as the newest member of the Board of Zoning. The Board members present were: Ron Carter, William Clem; and Bill Ensign. A quorum was declared. Also present was Rick Brandau of Staff. The minutes of the February 22, 1993 meeting had not been distributed as yet; William Clem moved to postpone approval until the April meeting, seconded by Ron Carter, motion unanimously approved. 1g. Docket No. V-10-93, Developmental Standards Variance Application for Bill D. and Betty Flohr and their current residential property located at 827 Rohrer Road, Carmel. The petitioners are requesting a variance from sections 7.3.1, 7.4.2, and 23.01 of the Carmel/Clay Zoning Ordinance to allow an accessory building to be constructed within a front yard and within 75 feet of the front lot line, to encroach the required 35 foot front yard by 27 feet, and lastly, a variance from the entire U.S. 31 Overlay zone requirements. The parcel is zoned R-1. Filed by Bill D. and Betty Flohr. Bill D. and Betty Flohr, 827 Rohrer Road, Carmel, presented the following for the Board's review. Through use of the overhead, Mr. Flohr showed the site, their building plans, and explained problems encountered under the current ordinance in trying to make improvements to their property. In 1972, the State of Indiana acquired additional right of way for expansion of U.S.31. There were three homes that were purchased and removed for this project. A local service access drive was constructed between the south right of way line and the Flohrs property line and granted to Hamilton County. The Flohrs plan to build a two-car garage on the premises to the north of the existing home. At the time a permit was applied for, it was denied by the Dept. of Community Development because of the fact that the Flohrs would be building in the front yard and it was not possible to meet the setback requirements under the Ordinance. Mr. Flohr distributed a book showing application forms, site location, neighboring properties and surrounding zoning, the their proposed addition. The Flohrs plan to construct a new drive off the access road and a driveway permit has been secured by Hamilton County Highway Department. This permit was also shown in the booklet Mr. Flohr distributed. After discussion with the Dept. of Community Development, the Flohrs 1 decided to seek a variance for the construction of the garage. The garage will be 20X24 to house two cars, and the exterior will match the existing residence. Additional landscaping is planned around the foundation of the garage addition. The proposed site has considerable landscaping on all three sides which serves as a buffer. The drainage plan was approved by the County Highway. At the request of the County Highway, the Flohrs agreed to install a 15" culvert under the drive. A variance is being requested from the U.S.31 Overlay requirements; for the garage to be built in the front yard; and to reduce the front yard setback as required in R-1 zones from 35 feet to 8 feet. The Flohrs have agreed that the variance request will be for their residence only and will not apply to future, other zoning. Public Hearing Closed at 7:17. William Clem moved to approve V-10-93 Developmental Standards Variance Application, seconded by Ron Carter, unanimously approved. 2g. Docket No. SU-i 1-93 Special Use Application for George Sweet and his future residence located at 1100 West 131st Street, Carmel. The petitioner is requesting special use approval to construct a 30,000 square foot reflection pond on his single family residential parcel consisting of 6.18 acres. The parcel is zoned S-1, filed by George Sweet. George Sweet, 200 E Burning Tree Lane, Carmel, appeared before the Board and presented the following: The existing home on the property will be razed prior to occupancy of the Sweet home. The Sweets are requesting permission to build a reflecting pond behind the proposed home. The area is sloping from east to west toward a creek which borders the west line of the Sweet parcel. The pond would be constructed by removing dirt at the pond location and constructing some "gentle mounding" around the pond. The property will be raised around the proposed residence which will utilize some of the dirt from the pond. IDEM rule #5 in regard to erosion control will be followed. Point of understanding: Mr. Sweet stated that the minutes from the Technical Advisory Committee reflect that the Sweets would not be digging a well to fill the lake. At the time the existing residence is torn down, the present well will be capped. The site is not served by public water. A new well has been dug for the Sweet residence as well as the neighboring Estes residence. The Sweet residence will utilize a geothermal furnace which will exhaust during heating and cooling times into the pond. The Sweets will be dedicating the right of way to the front of the property but will not be installing sidewalks until other sidewalks in the area are completed. Sherry Maksymczak, 940 West 131st Street, Carmel stated concern regarding the filling of the pond, since the area is not served by City water, and the type of agricultural maintenance intended around the pond. Dick Klar read a letter to the Board from Bonna McCuiston, 13300 Six Point Road, Carmel, 2 expressing approval if the pond is intended to be filled and maintained by runoff water. Ms. McCuiston expressed concern should the pond be supplied through a well because of the effect on the surrounding water table. Public Hearing Closed at 7:27. Mr. Sweet responded to the concerns raised. The sump pump water to be used to fill the pond will not be sewage but ground water lifted from the basement--it should be relatively pure. It is not anticipated that any chemicals will be added to the water to maintain it. Mr. Sweet stated that in effect, a wetland would be created. Mr. Ensign asked how long it would take to fill the pond; Mr. Sweet responded probably about 4 to 6 months with runoff. Mr. Carter asked about the Staff report which said there will be sufficient surface water and downspout and sump pump discharge to support the water level of the proposed pond, and that a well will not and never will be used to supplement the pond as referred to in the TAC minutes. Rick Brandau stated that it was a clear misunderstanding on the part of the TAC committee. Mr. Sweet explained that there will be an open loop into the pond; that water will be taken from the well, run through a furnace, and discharged into the pond when heating and cooling. An accurate statement would be that a well will not be dug to fill the pond. Once the pond is filled by natural means, it will be kept full by heating and cooling, but there will be water from the well, through the furnace transfer section and then into the pond through an open loop system. William Clem asked about the size of the proposed mounds. Mr. Sweet responded that the mounds will be gently sculpted and that a good part of the dirt removed from the pond will be used to form the downhill slope of the pond itself. Mr. Carter was also concerned about the proposed mounds, that they might be unsightly and a traffic hazard. Mr. Carter calculated approximately 7,000 cubic yards of dirt coming from the pond area and would like the mound area to be more definitive in nature, especially in the absence of a "mound ordinance." Mr. Sweet appealed to the Board on the basis of a non-existing mounds ordinance and his discernible method of performance in the community, and asked that the Board vote on the proposal tonight. Dick Klar asked which way drainage flowed from the pond. Mr. Sweet responded that the pond will have an overflow pipe which will flow into the creek (the Auman ditch), and that the drainage has been approved by the Hamilton County Surveyor in its entirety. 3 Rick Brandau stated that the DOCD also had concerns regarding the mounds and had expressed them to the petitioner. The response at that time was that the petitioner didn't know how big the mounds were going to be because they had not excavated the area and the spoils of the area were going to be used; how much of the spoils were useable depended on how much went into the mounds. The exact size of the mounds is not known, but the petitioner has assured us that they will be "gentle and sloping." The Board may choose to "firm up" the current situation in regard to the mounds. It was the Department's understanding at TAC meeting that Mr. Sweet intended to use the well for geothermal but that the inlet and outlet both would be in the pond; that was the Department's error. However, there is a State law that applies if Mr. Sweet's pond adversely affects the adjacent property owners. Mr. Carter stated that the amount of dirt coming out of a pond needed to be questioned as to where it is placed, particularly in the absence of a mounds ordinance. William Clem moved to approve Docket SU-11-93 Special Use Application, seconded by Ron Carter, motion unanimously approved. 3g. Docket NO. SU-12-93 Special Use Application for the Waterstone Land Co., LP and their residential subdivision, Waterstone, located on the northeast corner of East 116th Street and Gray Road, Carmel. The petitioners are requesting special use approval to construct a private recreational facility. The facilities planned will consist of tennis courts, pond, swimming pools, pool bath house, playground area, beach house, and volleyball court. The parcel is zoned S-1, filed by the Waterstone Land Co., LP. Mr. George Sweet appeared before the Board and presented the following: A special use is being requested to construct a private recreational facility to serve the Waterstone area which is located south of 126th Street, East of Gray Road, and north of 116th Street on approximately 280 acres on the east side of Carmel. George Sweet showed the location of the proposed recreational facility, and the walkway system to approach the facilities through an interior street and across the backs of lots. Dave Sexton showed a rendering of the clubhouse/recreational facilities which would have a walk-out level in the back. The initial phase will have pools and two tennis courts. Public Hearing closed at 8:53. William Clem asked about security on the premises to keep out "uninvited guests." Mr. Sweet replied that the facility would be private, for the Waterstone residents only, and similar projects have not created a problem. Also, the recreational facility is in the center of the project and not the perimeter, and a little more difficult to get to. If attempts to rezone are successful, Waterstone would extend further to the east with the acquisition of the Davis parcel, and the clubhouse facility would serve approximately 53 more acres. William Clem moved to approve SU-12-93 Special Use Application for the Waterstone Land Co., L.P., seconded by Ron Carter, motion unanimously approved. End of Public Hearings. 4 Here followed an informal discussion led by Gordon Byers regarding "after-the-fact" variances. A question had been asked by a member of the Council regarding construction which had been completed illegally, and how the Board would treat the request for an after-the-fact variance. Whether or not a violation occurs should be left at the staff level, and it would be handled on a case-by-case basis. The problem is viewed by Staff as one of timing and lack of progress on a situation. Attempts will be made by Staff to resolve the situation. Meeting adjourned at 9:20 PM. Richard J. Klar, President Ramona Hancock, Secretary 5