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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 meeting opened with the Pledge of Allegiance. Roll was called and all members 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 :ARMEL BOARD U2 ZONING A ... ,ALS BUTES - , Y 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 E. 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. The public hearing reopened at 7: 10 with Mr. Coots making the presentation stating that the request has been amended to be a two (2) year non-renewable variance. A statement in support of the request from adjoining and abutting property owners (which was submitted and is a part of the official minutes and attached to the master copy) was read by Mr. 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) , stating no problem. (former) Regarding the devaluation of property , Mr. Coots read letters fromApeople 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 business, there were 3.5 cars per day in 1986 and that a review of the records show that 90 are Carmel residents. Mr. Coots said they feel this variance should be granted as long as Mr. Mathews has lived up to the 1984 variance granted. George Wisker, 1827 E. 110th St. , 200 ft. from the Mathews ' driveway, said he cannot see anything but pine trees from his property. Mr. Wisker said he has noticed no increase in traffic at his property or in the area over the 9 years he has lived there and has noticed no increase of noise. As to the economic values in the neighborhood , Mr. ,Jisker said those who have sold their homes have stated no problem . Mr. disker said he feels there is no safety risk factor involved. Lois Stratigakos, 1725 E. 110th St. , adjacent neighbor of the Mathews, read a statement (which was presented to the Board and is a part of the official minutes and attached to the master copy) regarding people ing out of fears of what might be . Mrs. Stratigakos said she feelsrtheond- Mathews should be granted the 2 year non-renewable variance . Pam Favor, 2005 E. 109th St. , said she feels fear has been made an issue in the neighborhood and believes it is important that the Board set this - CARMEL BOARD OF ZONING APPEALS MINUTES - JULY 28 , 1986 pa e g X15straight. Alan 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 of those adjoining and abutting as they are the ones who know if this is a problem in the neighborhood. Doug Church, Noblesville attorney representing those in remonstrance , presented petitions in opposition to this request and a letter from Gerald Tarshes, realtor, regarding property values. These items submitted are a part of the official minutes and attached to the master copy. Mr. Church said he feels Mr. Mathews must prove a hardship to this property, stating that Mr. Mathews should relocate his business in an area properly zoned as it is not appropriate in a single family residential area. 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 different dates , showing various numbers of cars sitting outside the garage. Mr. Wood said they do 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. Larry Heppner, E 109th St. , related that he moved there to avoid com- mercial in residential and stated that this does have and can have a detri- 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- mercial 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 4 to 1 (Mrs. Badger voting NO) . H. Public Hearings lh. 7: 00 P.M. , Public Hearing on Docket No. 24-86, Developmental Standards Variance Application for Trues Dales Subdivision to be located on north 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 mimimum yard, minimum lot width, gross floor area, landscaping requirements, parking require- `216' RMEL bU�:,'i Q2 'LORING LNG i�. iJEAL,:; iviiid' TL_, - JULi 28, 1986 Page 4 rents, lighting requirements. , (Previously submitted as Docket No. V 12-86, March 1986, tabled one (1) month. Withdrawn at April 1986 meeting) . Filed by Weihe Engineering for Max Truesdel. The public hearing opened at 8: 53 with Stuart Huckleberry of Weihe Engineering making the presentation. Background of the project was given. There were 11 lots originally proposed and they have now revised the request to 5 lots on 6 acres. A residential area surrounds and the lot sizes are consistant with those of adjacent tracts. Mr. Huckleberry said the tract is unable to be developed without these variances. Mr. Kiphart stated that this property is currently zoned residential and the Comprehensive Plan calls for residential and staff feels this is a reasonable request from the Overlay Zone. The public hearing closed at 8: 55. Mrs. Badger moved that Docket No. 24-86, Developmental Standards Variance Application for Trues Dales Subdivision, be approved this evening as presented. Seconded by Dr. Dowell. - Findings of fact were completed by members. Motion carried 5 to 0. 2h. 7: 00 P.M. Public Hearing on Docket No. V 25-86, Developmental Standards Variance for pool encroachment into side yard line. Minimum side yard requirement per Section 7 .4 is ten (10) ft. Pool is installed within three ( 3) ft. of lot line on lot 51 Cool Creek North, Section 10, 784 Ironwood Dr. located in R-1 zoning. Filed by Davis Coots for William and Jane Fecht. The public hearing opened at 8:58 with Mr. Coots making the presentation. The Fechts own the residence on Ironwood and at the conclusion of the pool installation, and fencing was being installed, the violation was found. A drawing was presented to members. At the N. 1I. corner the deck is 3- ft. from the property line and at the N.E. corner the deck is 6- ft. from the property line . The appropriate notices have been sent out and no objection has been received. Photos were presented for the file to show that drainage is not effected by the fence or pool. Mr. Kiphart said that 2 inspections are required and neither was done by Faust Pool or they would have caught the error sooner. Mr. Kiphart stated that staff does recommend approval of this variance. Mr. McFadden expressed concern for this type of thing happening by con- tractors and questioned what can be done to keep this from reoccurring. Mr. Kiphart said the Dept. of Community Development will fine Faust Pool $25.00 for each of the inspections not done. Mr. Byers said that, if Mr. Kiphart has the authority to require that the contractor who has violated our ordinances bond his project before he comes back (this would deal with other projects and not this specific one) that would be a way of handling the problem. Mr. Kiphart said the Dept. of Community Development will watch very closely what Mr. Faust brings in. The public hearing closed at 9: 20. Mrs. Book moved that Docket No. V 25-86, Developmental Standards Variance for pool encroachment into side yard line , be granted. Seconded by Dr. Dowell. Findings of fact were completed by members. Motion carried 5 to 0. 3h. 7: 00 P.M. , Public Hearing on Docket No. S 26-86, Special Use for Bridlehourne Subdivision consisting of 65 lots on 164.5 acres zoned S-1 . CARMEL BOARD OF ZONING APPEALS MINUTES - JULY 28, 1986 Project is located on Shelbo Page S 217 St. in .me Rd. approx. 1300 ft. north of 106th Y 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 Americ Indpls. , IN. , making the presentation. site development plan waspr Square , The location drawing was shown and the ed and explained. present- The horse facilities will be on the north. The bridal path and jogging areas were in system pointed out around the perimeter. There will be a pumpcommunity water su l ps ffor the southern lake for a centralized The stables were Y yatem. arena. pointed out for 14 horses and will be in back of the 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 proposal have been resolved anstaffdrecomm recthat all ommendstheUse and V as it is submitted. problemsical with this Mr. Cordingley stated that they request approval Variance except the Variance for height of thestable. of all items tonight The public hearing closed at 9:55. Mrs. Badger moved that Docket No. S 26-86, Special Use for Bridlebou Subdivision, be approved for horse stable, riding arena, and a private system for use bythe residents of the subdivision as me Seconded by Ms. Book. p to water presented this evening. The petitioner will return if a Variance is needed for or the height of the Findings of fact were completed by members. Motion carried 5 to 0. 4h. 7: 00 P.M. , Public Hearing on Docket No. V 27 ,for operation of a one room, 2 chair, beauty-sshopUse in thel bance eautto y-s located at 10549 'westfield Blvd. in a 5-2 zone. (Ord. Sec. 6.1 - Permitted Uses) . Filed by Charles Wittum, Jr. The public hearing opened at 10: 00 with Mr. dittum making the presentation. A drawing was shown of the home and the garage area is petitioned off into a shop. ion. The parking area is 90 ft. x 30 ft. for about A diagram of the beauty shop was S cars. Mr. Wittum stated he requests thisrvariancce because he wants his wife stay home with their baby and the extra income is needed becauseto to school. in No objections have come in he is going The public hearing closed atn110: 1pff recommends granting this variance. Mrs. Badger moved that Docket No. V 27-86, operation. f a room,th2 Use Variance to allow for otof d Blvd. , be chair, beauty shop in the residence located at 1054period of 2 years. approved running with Mr. Charles Wittum for a 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 g Chairman — a Chaecre tart' h.