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HomeMy WebLinkAboutBZA Minutes 07-28-86 ,CARMEL BOARD OF ZONING APPEALS MINUTES - JULY 28, 1986 213 The regular meeting of the Carmel Board of Zoning Appeals was called to order by the chairman, Warren Saunders, at 7 :00 P.M. , July 28, 1986 at the City Meeting Hall. The meetingopened with the Pledge of Allegiance. Roll was called and all memers were present as follows: Warren Saunders, Jeanne Book, Bill McFadden, Ila Badger and Richard Dowell. Staff members present were: Chuck Kiphart, Pat Hollingsworth, Gordon Byers, and Rosalind McCart. The minutes of the June 23, 1986 meeting were amended as follows, as re- quested by the secretary, Rosalind McCart. Strike from the proposed minutes , page 1 , the 'paragraph immediately preceding "I. Old Business" and add there the following language: Mayor Reiman was present to address the Board relating that she feels item li on the agenda this evening, filed by Maxine Cotton, should not have been sent to the BZA. Mayor Reiman said that Mr. Kiphart will directly address this matter and that she would hope that it be allowed to go back to the Dept. of Community Development. Mayor Reiman addressed the O'Malia Bakery Sign Variance , item 3i on the agenda, speaking of the Board' s role and of the Rules and Procedures. Mayor Reiman spoke of conflict of interest and asked Board attorney, Gordon Byers, to give members direction when needed in this regard and to look into who the alternate should be in such a case. Mr. Byers is to send this information to Mayor Reiman' s office. Mayor Reiman reminded the Board that the Sign Ordinance offers relief from the ordinance for the Old Town Carmel District and that O'Malia Bakery is located within that district. Mayor Reiman read the functions of the Board of Zoning Appeals and said she hopes that each petition is addressed by the members of this Board on a case by case basis. "I hope Ila Badger and Warren Saunders will give full attention to the O'Malia Sign Ordinance petition this evening and I thank you for listening to me. " Warren Saunders asked that the June 23, 1986 minutes be amended as follows and is to be inserted immediately following the amendment proposed by the secretary: Warren Saunders, chairman of the Board, responded to Mayor Reiman' s presentation as follows: "You stated that this board is quadi-judicial. This means that it is independent. Once appointed, it is independent. And your coming here tonight and lecturing this group is an affront to its independence and integrity. You do not do us a service. " Mrs. Badger moved that the minutes of the June 23, 1986 meeting be approv- ed as amended. Seconded by Mr. McFadden. Motion carried. Rev. Saunders announced that there is to be a special meeting of the Plan Commission on August 26, 1986 at the City Meeting Hall at which time Dr. David Allor, Planning Professor at the University of Cincinnati, will speak. Board members are invited to attend. I. Old Business li. Board to consider Docket No. 22-85/86, Renewable Variance request for placement of mobile home on 40 acres located at 655 W. 141st St. , Clay Twp. in S-1 zoning. Site is 40 acres. Filed by George Hall. Mr. Hall made the presentation stating the request is necessary in order to look after his mother and maintain the property. There were no complaints in the file. Dr. Dowell moved that Docket No. 22-85/86, Renewable Variance request for 214rmEL B OAHL UI IV ZOii J APPEALS k i.AUTES - JULY _J , 1986 Page 2 placement of mobile home on 40 acres, be approved. Seconded by Mrs. Badger. Findings of fact were completed by members. Motion carried 5 to 0. 2i. Public Hearing on Docket No. V 23-86, Use Variance for Commercial Use at 1760 L. 110th St. , Lot 2, ';Woodland Golf Subdivision, Clay Twp. (auto repair shop) within a residentially zoned district, S-2. Site is approx. 3 acres in size. Petitioner, Dan Mathews, has operated auto repair shop at this site for several years. On April 23, 1984 Carmel Board of Zoning Appeals approved a .Temporary Use Variance (V 21-84) for auto repair shop for Dan Mathews for a two (2) year period ending on May 1 , 1986 at this site. Petition received a tie vote (2-2) - (Non-Decision) at the June 23, 1986 meeting. Filed by Davis Coots for Dan Mathews. T e stathngpthatcthearequertohan°been at ame�dedwith tor�be aCoots two making the presentation variance. (2) year non-renewable A statement in support of the request from adjoining and abutting property owners (which was submitted and is a to the master co to of the official minutes and attached py) was read by lt'Ir. Coots. Another petition in support from 51 property owners of the immediate area was submitted for the record and is attached to the official minutes. In regard to safety, a statement from the school bus driver for that area, Billy Lee 'Walker, Jr. , was read by Mr. Coots (and was submitted for the record and is a part of the official minutes) , statingno Regarding the devaluation of property , Coots etterproblsm. (former) P P ty , Mr. read letters fromtipeople of the area who stated that they had had no problem with selling their homes there. These letters are a part of the official minutes and attached to the master copy. Mr. Coots stated that the variance is to vary residential zone require- ments in order for Mr. Mathews to allow the operation of a garage on his 3 acres of ground for his use only and is not transferable to anyone who wants to buy his ground. Mr. Coots read a letter from Morris Davis , real estate appraiser, stating that he feels this garage does not detrimentally effect property values in this neighborhood. Letters were presented for the record from adjacent property owners stat- ing no opposition to this renewal. Photos of the property were shown and submitted for the file. Regarding undesirables and traffic frequesting the Mathews' business, Mr. Coots said .that , based on facts of what traffic was generated by the there were 3.5 cars per day in 1986 and that a review ofthe records show that 90L are Carmel residents. Mr. Coots said they feel this variance c hou Mathews has lived up to the 1984 variance grantedbe granted as long as Mr. George '.Iisker, 1827 B. 110th St. , 200 ft. from the Mathews' he cannot see anything but pine trees from hi, drivewaa, said has noticed no increase in traffic at his � property. Mr. frisker said he p area 9 years he has lived there and has noticed nopincreaseloftnoise. Asover tothe the economic values in the neighborhood , r.Ir. ,Yisker said those who have sold their homes have stated no problem . Mr. Wisker said he feels safety risk factor involved. there is no Lois Strang alios, 1725 E. 110th St. read a statement (which waspresented ' adjacent neighbor of the Mathews, official minutes and attachetothema�tere °ard and is a part of the iinrc out of fears of what might be. copy) regarding people respond- nthowt ofea be granted Mrs. Stratigakos said she feels the PameFavor,s2be5 ttheht2 year nen-renewable variance . in the neighborhood and believes it isaid simportanthe feels fthatearhthebBoardase an issue d set this ,,CARMEL BOARD OF ZONING APPEALS MINUTES - JULY 28 , 1986 Page t C strAlantAl Mancuso , 1829 E. 110th St. , 2 houses from the Mathews, said that Mr. Mathews is moving in 2 years and he sees no problem. Vickie Parker, 10850 Hamilton Ln. , stated she feels it is important for the Board to listen to the views those adadjoe ining and abutting as they are a the ones who know if this is problem rofl Doug Church, Noblesville attorney representing those in remonstrance , r om Ger presented petitions in opposition to thisrequestsae dtemlet eritrod Gerald Tarshes , realtor, regarding propertyy. part of the officialmfe�lssTflrndNIathewsed mu�t proveo aathardship to this Mr. Church said he property, stating that Mr. Ivlathessldnralsinglehfamblylresidentialarea area. properly zoned as it is not appropriate Mr. Church said they feel that the 2 year request is too long and urge the Board to uphold the legislative determination of the proper use of land. Mr. Church stated that hardship has not been shown. Kenneth Wood, 2025 E. �� 110th St. , made a presentation for the opposition . in the area. Pictures were presented, taken at differ e t���oodes, showingdo various numbers of cars sitting outside the garage. not want strangers coming into the neighborhood and want the variance term- inated and the business moved to another location. Howard K. Thompson, 24 E. 109th St . , passed photos of the neighborhood and spoke of a considerable amount of commercial traffic coming into the neighborhood generated by this business. to Larry Heppner, E 109th St. , related that hemoved ethere cto avoidacom-ri- mercial in residential and stated that this does mental effect on the neighborhood and can effect negatively the property values . Mr. Heppner said he feels there is no justifiable need for a com- merci1 venture in a residential neighborhood. Ken Thomas , 1813 E. 109th St. , stated he feels this business is not appropriate in a residential neighborhood. Mr. Coots made supportive statements for the petition. Mr. Church commented that there are to be no cars stored outside and the photos presented substantiate that there are . Mr. Church stated that the petitioner must prove that the 1984 variance has been followed. Mrs. Badger questioned if the variance is not renewable in two years by reapplying. Mr . Coots and Mr. Church said that the petitioner could reapply. Mrs. Badger read to the public the five criteria that the Board votes on in their finding of fact. Mr. Mathews related that he has a relocation site picked out at 106th and College Ave. The public hearing closed at 8:45. Mrs. Book moved that Docket No. V 23-86, Use Variance for Commercial Use at 1760 E. 110th St. , lot 2, Woodland Golf Subdivision, Clay Twp. , for auto repair shop within a residentially zoned district , S-2, be renewed for two (2) years , non-renewable , as requested. Seconded by Mr. McFadden. Findings of fact were completed by members . Motion carried Lj to 1 (Mrs. Badger voting NO) . H. Public Hearings lh. 7: 00 P.M. , Public Hearing on Docket No. 24-86, Developmental Standar Variance Application for Trues Dales Subdivision to be located on no: side of Smokey Row Rd. approx. 2000 ft. east of U. S. 31 in R-1 zone. Property . is partially impacted by U.S. 31 Overlay Zone . Petitioner seeks to vary requirements of U. S. 31 Overlay Zone to allow for re- duction of minimum lot size; minimum front yard, minimum side yard, minimum rear yard , minimum aggregate of side yard, minimum lot width mimimurn gross floor area, landscaping requirements, parking require- r.�.v _ ...i �V1V 1jl � APPEALS EALS r.-JAUTEs - JUj 28, 1986 inents lighting Page 4.'-'-- I .� `-- V 12-86, g reciuirements. March 1986, tabled one (�'revl°usly submitted as meeting) . ) (1) month, Docket No. Withdrawn Filed by Weihe Engineering at April 1986 The public hearing for Max Truesdel, Engineering making opened at 8: Background of the presentation. with Stuart Huckleberry of Weihe P Y have There were r A residentialnd they now revised the11 lots originally surroundson tracts. unds and the lot sizes are 6 acres. Mr. Huckleberry said theconsistant with variances, tract isthose Mr. Kiphart unable to be developed without the Comprehensive stated that these prehen�lve Plan this property is reasonablehCmprequestnfrom calls for reside currentlyazonedfresidentialtand The public the Overlayresidential and staff feels t The hearing closed Zone. his is a Badger moved that Docket No. Application for Trues DalesNO. 24-86, Seconded by Dr. Dowell. Subdivision Developmental Standards Variance Findingsbe approved this evening as Motion of fact were completed by members. presented 2h. 7:00 P.M. Vari��nce for pool Hearing on Docket No. requirement encroachment into V 25-86, Developmentaler Standards ; lin7.o is ten Minimum side Ironwood Dr. located in R-n lot 51 Cool Creek Nortol h, installed withind by Davis Coot l zoning. h, Section 10, ? 4 The public s for William and J The Fechtshearing Jane Fecht. C installonwn residencegopened at 8:58 with Mr. , nod thee on Ironwood and at the ng the of the . A drawing was fencing was being installed, the conclusionltwof At the N. W. presented to members. the violation the pool N.E. corner Corner the deck is 1 was found. The the deck is 6 ft. 3- ft. from the appropriate notices from the property property line and at the received. have been Y line. Photos sent out and no objection has been were presented for by the fence or pool, the file to show Mr. Kiphart said that :2that drainage is not effected Faust Pool inspections are re Mr. Kolortthstatedywoould have caught required and neither that staff �' the error sooner. was done by Mr. Kiphart ased does recommend con- tractors Fad questioned concern for this t approvalthing happening this vagi sndKiphart the what can be done to type o f this fr roccuby variance. $25.00Mr. for each saidof t Dept. P from reoccurring. fine Faust o o he inspections Community Development will Mr. said that, if Mret �s not done, Pool contractor ByersBye s violatedat) ifM our Kiphart has the authority backn (this whohas tour project to require that the would beh a way wouldof dealhawith bond his before Kiphart gthe projects and not this specific onehe comes Mr. problem. one)) that closely what Mr.said thest Dept.brings on Community Development will watch very The public hearing ' Mrs. Book moved ta-ctlosed at 9:20. or pool encroachment Docket No. V 25-86 Developmental . Seconded by into side yard line, be standards Variance Findings oD.rctD��r�l�,om granted, Motion carried r Plated by members. � to 3h ' 7: 00 P.T1 . , Pub' arin on Docket Ivo . S 26-86 , Special. Use for ;`1.C��.@�OU7`Yt�' . i.on con sL, ,. Lng 1; of 65 lots on 164.5 acres zoned s-1. CARMEL BOARD OF ZONING APPEALS MINUTES - JULY 28 , 1986 Page 5 217 Project is located on Shelborrle Rd. approx. 1300 ft. north of 106th St. in Clay Twp. Special Exceptions requested for horse stables and riding arena and• private water system for residents of subdivision. Variance for maximum height (Sec . 5.4.1) also requested for stable, game room and office bldg. Filed by Bruce Cordingley for Intent Trust' No. 2. The public hearing opened at 9: 24 with Mr. Cordingley, One American Square , Indpls. , IN. , making the presentation. The location drawing was shown and the site development plan was present- ed and explained. The horse facilities will be on the north. The bridal path and jogging areas were pointed out around the perimeter. There will be a pumping system for the southern lake for a centralized community water supply system. The stables were pointed out for 14 horses and will be in back of the arena. A rendering was shown of the arena. All storage will be inside . Mr. Kiphart related that the Technicaal Advisory Committee and the Plan Commission have approved this plan and that all technical problems with this proposal have been resolved and staff recommends the Special Use and Variance as it is submitted. Mr. Cordingley stated that they request approval of all items tonight except the Variance for height of the stable . The public hearing closed at 9: 55. Mrs. Badger moved that Docket No. S 26-86, Special Use for Bridlebourne Subdivision, be approved for horse stable, riding arena, and a private water system for use by the residents of the subdivision as presented this evening. Seconded by Mrs. Book. The petitioner will return if a Variance is needed for the height of the stable. Findings of fact were completed by members. Motion carried 5 to 0. 4h. 7 : 00 P.M. , Public Hearing on Docket No. V 27-86, Use Variance to allow for operation of a one room, 2 chair, beauty shop in the residence located at 10549 Westfield Blvd. in a S-2 zone. (Ord. Sec. 6.1 - Permitted Uses) . Filed by Charles 'Wittum, Jr. The public hearing opened at 10: 00 with Mr. Wittum making the presentation. A drawing was shown of the home and the garage area is petitioned off into a shop. The parking area is 90 ft. x 30 ft. for about 5 cars. A diagram of the beauty shop was presented. Mr. Wittum stated he requests this variance because he wants his wife to stay home with their baby and the extra income is needed because he is going to school. No objections have come in and staff recommends granting this variance. The public hearing closed at 10: 10. Mrs. Badger moved that Docket No. V 27-86, Use Variance to allow for operation of a one room, 2 chair, beauty shop in the residence located at 10549 'Westfield Blvd. , be approved running with Mr. Charles Wittum for a period of 2 years. Seconded by Mrs. Book. Findings of fact were completed by members. Motion carried 5 to 0. There being no _further business to come before the Board , the meeting adjourned. Chairman Secretary