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HomeMy WebLinkAboutBZA Minutes 07-25-88 CPRMEL BOARD OF ZONING APPEALS MINUTES - JULY 25, 1988 239 The regular meeting of the Carmel Board of Zoning Appeals was called to order by the chairman, Gi1h rt Kett, at 7:05 P.M. , July 25, 1988 at the City Meeting Hall. The meeting opened with the Pledge of Allegiance. Roll was called and members present were: Gilbert Kett, Ila Badger, Tom Irvin and Hal Thompson. Jeff Davis was absent. Staff members in attendance were: Wes Bucher, Chuck Kiphart, David Cunningham, Rick Brandau, Gordon Byers and Buddy McCart for Dorthy Neisler. There were no additions or corrections to the minutes of the June 27, 1988 meeting and Mrs. Badger moved that they be approved as submitted. Seconded by Mr. Thompson. Motion darried. I. OLD BUSINESS li. 7:00 P.M. , Public Bearing on Docket No. S 55-88 a Special Use Application for Indianapolis Water Company and a parcel of land located at 11825 River Road, Carmel. Applicant is proposing to construct a water treatment and storage plant. Parcel is zoned S-l. Filed by S.S.Lyons, Senior Vice President of Engineering for Indianapolis Water Company. Mr. Kett read two letters into the record, one from Merle C. Stafford, 11908 River Road, Carmel stating approval of the request and one from James Daugherty, Utilities Manager, expressing concerns that must be addressed and assurances that must be made by the Indianapolis Water Co. to the City of Carmel prior to final plan approval. These letters are a part of the official minutes and attached to the Master Copy. Bob Miller, 8221 Sargent Raod, Indianapolis was present stating that Water Company officials who are to participate in the hearing would not be present until 8:00 P.M. This item was postponed until after 8:00 P.M. G. PUBLIC HEARINGS lg. 7:00 P.M. , Public Hearing on Docket No. V 54-88 a Developmental Standards Variance Application for A.B. Young Co. , Inc. located at 9655 Bauer Drive, Indianapolis, IN. Petitioner is requesting a variance from Section 14.1 of the Carmel/Clay Zoning Ordinance, which requires 37 parking spaces for a general office building of 11,200 square feet. Petitioner is requesting to permit 30 parking spaces in lieu of 37. Parcel is zoned B-3. Filed by E. Davis Coots for A.B.Young Co. , Inc. The public hearing opened at 7:15 P.M. with Mr. Coots making the presentation. Mr. Coots related that there was concern regarding a drainage wale and that he met with Mr. Kiphart on July 8 and the swale has now been installed. There are 11 in house employees in the building on a day by day basis, with a total of 22 employees, more than 3/4 of the building is for warehouse storage. Mr. Coots said they therefore requested that parking requirements be reduced to the 30 spaces that have been installed. Staff recommendations were read as follows: Staff recommends approval pending: 1) Petition commits to relocating the handicapped ramp within two months and that a $3,000 bond or letter of credit be submitted to Department of Community Development to insure that this be done immediately. 2) Due to drainage problems possible on this and surrounding site, the petitioner commits to maintaining the existing swale and provides erosion control. Mr. Coots stated that there is no problem with conforming with these two requests by staff. No remonstrators were present. 240 CARMEL BOARD OF ZONING APPEALS MINUTES - JULY 25, 1988 PAGE 2 The public hearing closed at 7:21 P.M. Mrs. Badger questioned the $3,000 bond letter of credit. Mr. Coots said they request that this not be required. August 25, 1988 is the date set for the drainage and ramp completion. Mrs. Badger moved that Docket No. V 54-88 be approved as presented this evening and that the two staff reccau endations (relocating the handicapped ramp and maintain the existing swale and provide erosion control) be met by September 1, 1988. Seconded by Mr. Irvin. Findings of fact were completed by members. Motion carried 4 to 0. Mr. Coots informed the Board of Zoning Appeals that agenda Item 12g. has been tabled. 2g. 7:00 P.M. , Public Hearing on Docket No. SUA 56-88 a Special Use Amendment Application for Donald M. & Stephen M. Cochran and their property located at 1118 S. Range Line Road, Carmel. Petitioners are requesting to amend their previously approved special use to change the following: 1) Poured in place full depth curbs to pre-cast 6" nail down curbs at the rear of the property and from pre-cast 6" nail down curbs to no curbing at front of the property. 2) Landscaping has been reduced. 3) Detention has been moved from the parking area to the rear of the property. 4) Drain tile will be reinstalled to conform with the previous plan to match this proposed plans. 5) The parking area installed does not match what was approved nor does it match the proposed plans. 6) Sign has been moved to be in line with the other signs along Range Line Road, it does meet sign ordinance requirements and has permit. petitioner is requesting approval of these plans proposed. Parcel is zoned B-3. Filed by Donald M. & Stephen M. Cochran. Item was tabled until July at the request of petitioner. The public hearing opened at 7:28 P.M. with Don Cochran making the presentation. A documented packet was passed to members. The recommendation of staff will be complied with. Mr. Cochran stated that item number one of the staff recommendations is the issue at hand and they request to amend the curbing requirements due to costs. The public. hearing was closed at 7:34 P.M. The curbing they propose was shown on the plan. The Fire Station in Carmel has this same curbing. Mr. Brandau of staff commented that they have problems with the precast 6" nail down curbs as requested by the petitioner. Mr. Brandau said that if it were used they would like to make sure that it would have some type of standards that would comply to the use of precast curbs. Mr. Brandau cited that, at times of freeze and thaw, these things can be jacked out of the pavement and that they cannot be used in an area that is used for retention or detention in a parking area. Mr. Brandau said if there is run off between the parking area and into a catch basin of any type there will be water going between. Mr. Brandau also said that the strength of the concrete is a concern and that it will hold up the test of tine and asthetics the same as a poured in place curb would. Mr. Thompson moved to approve Docket No. SUA 56-88 as submitted tonight. Mr. Irvin seconded. Ballots were cast and item was approved 4-0. CARMEL BOARD OF ZONING APPEAL MINUTES - JULY 25, 1988 PAGE 3 241 3g. 7:00 P.M. Public Hearing on Docket No. RV 57-88 a Renewable Variance for Lynda Lockerbie and her one chair beauty shop located at her residence at 9612 Guilford Ave. , Indianapolis, IN. The original variance from Sec.3.0 of the Carmel/Clay Zoning Ordinance was granted for two years on June 23, 1986. Property is zoned R-l. Filed by Lynda Lockerbie. The public hearing opened at 7:44 P.M. with Lynda Lockerbie making the presentation for a 2 year variance for a one chair beauty shop in her have to allow her to work and remain at hare. Her husband is disabled. They reside on a dead end street. The public hearing closed at 7:47 P.M. Staff recommends approval per its report. Mr. Irvin moved to approve Docket No. RV 57-88 as presented for a two year period. Mrs. Badger seconded. Findings of fact were completed by members. Motion carried 4-0. I. OLD BUSINESS li. Docket No. S 55-88 continued. The public hearing opened at 7:50 P.M. with Mr. Joe Broyles, Sr. Vice President of Operations, Indianapolis Water Co. making the presentation speaking of their present plants limitations in the ability to supply all the water needs. Mr. Broyles stated that the White River North Plant to be located on E. 116th Street site, can now be built by 1990 to meet these demands. Mr. Miller, principal project engineer, was present. The site plan of the project was presented and explained. A prospective of the site was shown as looking from White River. The plant base will be back 4500 feet frau River Road. The lighting intensity was shown, shielded down cast sodium vapors. Mr. Miller showed the landscape plan. Elevation drawings were shown. Trees will be about 16 ft. tall. The outside surface of the structure will be stone with some bronze metal. A photo was shown. The plant will be manned 24 hours a day with never more than 3 employees there at a time. Donald Anthis, City of Noblesville, 197 W. Washington Street, asked how this project will effect the City of Noblesville and asked that they have dialogue with the Indianapolis Water Co. regarding this matter. Kurt Woerner, Director Corporate Planning for Town of Fishers, 8597 E. 116th Street, stated that they have the same concerns as Noblesville and that the Indianapolis Water Co. came to their Town Board Meeting and committed to extending a pipe, if necessary, to run from the Fishers waste water treatment plant down stream as a result of the water company project and they commited that letter would be forthcoming to that effect. Mr. Anthis questioned if the standards are going to be more stringent for Noblesville, will it cost their people more. Mr. Anthis requested that the Board make its motion contingent on Noblesville having dialogue with the Indianapolis Water Co. The public hearing closed at 8:25 P.M. Staff recommends that a mutually acceptable agreement be reached between the Indianapolis Water Co. and the City of Carmel. Mrs. Badger moved that Docket No. S 55-88 be approved this evening with the contingency that a mutually acceptable agreement is reached between the Indianapolis Water Co. and the City of Carmel. Seconded by Mr_. Irvin. The Board felt that since Mr. Broyles of the Indianapolis Water Co. made a verbal commitment that they would be willing to meet with the City of Noblesville, that the motion contingency requested by Mr. Anthis was not necessary. Motion carried 4-0. 242 CARMEL BOARD OF ZONING APPEAL MINUTES - JULY 25, 1988 PAGE 4 G. PUBLIC HEARING 4g. 7:00 P.M. , Public Hearing on Docket No. V 58-88 a Developmental Standards Variance Application for William E. & Kathryn S. Linville located at 1420 Lawrence Road, Carmel. Petitioner is requesting a variance from Section 7.4.2 of the Carmel/Clay Ordinance which requires a minimum front yard setback of 35 feet. Petitioner would like to construct a Garage that encroaches Lhe reejuirod nothacks. Property in zoh@d k-1. Filed by William E. & Kathryn S. Linville. The public hearing opened at 8:36 P.M. with Mr. Linville . making the presentation for constructing a two-car garage which will encroach the required setbacks. Mr. Linville related that, when the developer put the road through, they did not leave enough roam for the garage without encroaching the line. Renderings were shown and the landscape plan was presented. Barbara Lauerman, 1432 Cool Creek Drive across the street from the request, and a realtor, stated that it was difficult home to sell because it did not have a garage and was an eye sore. Mrs. Lauerman recommended approval and feels it will improve asthetically. John Zerke, 1423 Cool Creek Dr. , spoke in favor of the project. The public hearing closed at 8:39 P.M. Staff recommends approval. Mr. Irvin moved that Docket No. 58-88 be approved as presented. Seconded by Mr. Thompson. Findings of fact were completed by board members. Motion carried 4-0. 5g. 7:00 P.M. , Public Hearing on Docket No. SU 59-88 a Special Use Application for Carl B. & Ora Lee Terry and their property located at 10220 N. Michigan Road. Petitioner is requesting permission to use an existing commercial structure as a meeting hall for the Trinity Tabernacle Church. The duration of the request is only for that time that Trinity Tabernacle Church has occupancy. Property is zoned I-1. Filed by Mark Bell for Carl B. & Ora Tee Terry. The public hearing opened at 8:41 P.M. with attorney, Jane Merrill, making the presentation. Representatives from the church were present. An aerial photo of the area was shown and the location pointed out. This is a one story former residence that has since been used as an office building. The church presently has 25 members and will hold services twice a week. The surrounding properties are basically commercial or agricultural. The property does not lend itself well for industrial use. The I-1 use does not include churches. Photos of the facility were shown. A colored drawing of the sign was shown and it does meet the ordinance requirements. The public hearing closed at 8:48 P.M. Mr. Brandau of staff clarified that this is a use variance and staff has no regulation on a use variance and it is up to the Board to put the restrictions on it. Mrs. Merrill said the parking will accommodate 25 cars. Staff stated that certain inspections, both local and state, should be made before occupancy,in order to be brought up to code. There will be no structural changes to the exterior of the building. Mr. Thompson recommended that this item he tabled in order for the petitioner to meet with staff to clear up these matters. Mr. Thompson moved that Docket No. SU 59-88 be tabled for 30 days. Seconded by Mr. Irvin. Motion carried 4-0. 6q. 7:00 P.M. , Public Hearing on Docket No. V 60-88 a Developmental. Standards Variance Application for Richard Curry and his home located 10558 Brecken Ridge Drive, Carmel. CA.?.PSL BOARD OF ZONING APPEAL MINUTES - JULY 25, 1988 PAGE 5 243 Petitioner is requesting a variance from the recorded subdivision plat of Blue Creek Woods Estates that requiring a 30 foot front yard setback. The petitioners home encroaches this setback by 4.5 feet. Property is zoned S-2. Filed by Joseph J. Bennett for Richard,Curry. Mr. Curry was present and requested that this item be tabled. 7g. 7:00 P.M. , Public Hearing on Docket No. V 61-88 a Developmental Standards Variance Application for Northview Christian Life Church and their property located at 4710 E. 131st Street, Carmel. Petitioner is requesting an extension of a previously approved variance. On January 29, 1986 a two year variance was approved from Sections 27.4.1 and 27.4.2 at the Carmel/Clay Zoning Ordinance requiring paved off-street parking and curbing surrounding the parking lot. Parcel is zoned S-1. Filed by Douglas B. Floyd for Northview Christian Life Church. Bill Wendling was present and requested item to be tabled due to defective notice. 8g. 7:00 P.M. , Public Hearing on Docket No. SV 62-88 a Sign Variance Application for Realty Specialists, Inc. located at 11595 North Meridian Street, Suite 110, Carmel. Petitioner is requesting a variance from Section 25.7.04-1(c) of the Carmel/Clay Sign Ordinance which only allows one identification sign per property frontage. Petitioner is requesting a second tenant identification sign on the west elevations of the One Penn Mark Plaza Building. Parcel is zoned B-6. Filed by Jim Nelson for Realty Specialists, Inc. The public hearing opened at 9:02 P.M. with Mr. Nelson making the presentation. Tom Lazarra, Realty Specialists, Inc. and Kevin Miller of Browning Investments were present. Realty Specialists Co. engages in residential and commercial property. They have 3 road frontages. They request an identification sign on the west facia of One Penn Mark Plaza. A picture was shown and the sign location pointed out. The letters will be ivory and internally illuminated. The sign will be 4' high by 10'7" in length. A T & T also has a sign on this same facia. The public hearing closed at 9:10 P.M. This signage request will be the same color as the A T & T sign. Mr. Brandau stated that staff recommends denial (per report) due to the following: 1) does not adhere to the previously approved sign package. 2) staff feels that this variance from the sign ordinance would set a precedence for multi-sign facias and with the existing and upcoming projects. This could be a serious detriment to the intent and objectives of the Carmel/Clay Sign Ordinance. Mtr. Thompson moved that Docket No. SV 62-88 be approved with the requirement that no more signs be approved the west facia of the building. Seconded by Mrs. Badger. Findings of fact were completed by board members. Motion carried 3 for, 1 abstaining (Mr. Kett) . 9g. 7:00 P.M. , Public Hearing on Docket No. V 63-88 a Developmental Standards Variance application for Carroll Weisiger III & Mary Weisiger and their residence located at 12937 Andover Drive, Carmel. Petitioners are requesting a variance from Section 5.3.2 of the Carmel/Clay Zoning Ordinance requiring a 6' fence surrounding a pool. Applicants are requesting to install an automatic pool in lieu of the fence. Parcel is zoned S-1 and is .77 acres in size. Filed by Jim Nelson for Carroll Weisiger III & Mary Weisiger. 244 CARMEL BOARD OF ZONING APPEAL MINUTES - JULY 25, 1988 PAGE 6 The public hearing opened at 9:23 P.M. with Mr. Nelson making the presentation. Informational packets were presented to board members. Mr. Weisiger is constructing a new home in Wedgewood, lot 18, containing a little over 3 1/4 acre, and they plan a private swimming pool with an automatic pool cover in lieu of a 6' high fence required by ordinance. The site and landscape plan was presented. The public hearing closed at 9:29 P.M. Staff recommends denial. Mr. Brandau stated that the proposed ordinance change will require at least a 75' set back from all property lines and staff does not feel that automatic pool covers provide the adequate safety precautions that the fences do. Mr. Weisiger's pool would be 22' from the west property line. Mrs. Badger requested that the motion include additional landscaping on the west property line. Mr. Irvin moved that Docket No. V 63-88 be approved and Mrs. Badger moved that it be subject to a landscape plan for the west property line to be presented to the Department of Community Development by Mr. Weisiger and that it is to be installed upon the completion of the home to the west. Seconded by Mr. Thompson. Findings of fact were completed by board members. Motion carried 4-0. 10g. 7:00 P.M. , Public Hearing on Docket No. RV 64-88 a Renewable Variance Application for Chuck & Sherry Wittum and their residence located at 10549 Westfield Blvd. , Indianapolis. Petitioners are requesting to renew a 2 year variance orginally approved July 28, 1986. Applicants have a one room hair style shop to enable Mrs. Wittum to generate income while taking care of children. Property is zoned S-2. Filed by Chuck & Sherry Wittum. The public hearing opened at 9:45 P.M. with Mr. Wittum requesting a one room, 2 chair beauty shop in the back of their home in order for his wife to work and care for the children. The shop layout plan was shown. The public hearing closed at 9:48 P.M. Staff recoirn-nded approval. Mrs. Badger moved that Docket No. RV 64-88 be approved as presented this evening for a period of two years. Seconded by Mr. Irvin. Findings of fact were completed by members. Notion carried 4 - 0. llg. 7:00 P.M. , Public Hearing on Docket No. SU 65-88 a Special Use Application for Dave Mason Motors, Inc. to be located at 3900 & 3950 East 96th Street, Indianapolis, IN. Petitioner is requesting special use approval to construct and operate an automobile and parts sales, service and repair business. This request is only for the eastern portion of the property, another special use application will be filed before the western portion is improved. Parcel is zoned B-3. Filed by Jim Nelson for Dave Mason Motors, Inc. The public hearing opened at 9:52 P.M. with Mr. Nelson making the presentation for a ' Mitsubishi dealership. Dave Mason, Hal Decord and Chester Parsons of M.T.Inc. were present. An aerial photo was shown and location pointed out. The site development and landscape plan was presented. Primary ingress and egress will be from 96th Street. The building will be 18,346 square feet in size. The trash refuse area will be in the Northeast area of the site and will be totally enclosed and with a gate. Mechanical equiprent will be underground. CARMEL BOARD OF ZONING APPEAL MINUTES - JULY 25, 1988 PAGE 7 245 There will be one wall sign on the front facia facing 96th Street. There will be a parts and service sign on the Marie Drive side. The parking plan and the exterior lighting plans were shown. There will be 2 wall mounted security lights on the east side of the building. An artist's rendering of the facility was presented. The building will be of brick and clear glass. The sign letters will be white on a blue background. The sign will read "Mitsubishi" and mounted on the front facia. This use is compatible with neighboring properties. The public hearing closed at 10:08 P.M. Staff recommended approval. There will be no fencing on the property. Mr. Irvin moved that Docket No. SU 65-88 be approved as submitted. Seconded by Mrs. Badger. Findings of fact were completed by board members. Motion carried 4-0. 12g. 7:00 P.M. , Public Hearing on Docket No. S 66-88 Special Use Application for Basic American Industries, Inc. Parcel in question is located on West 96th Street that property surrounding Twin Lakes Country Club. Petitioner is requesting special use approval to construct a private sewage treatment plant to temporarily serve the Green development until public sewers are available, as required by Section 7.2 of the zoning ordinance. The proposed facility will have a capacity of 61-62,000 Gallon/Day Waste Water Treatment. Parcel is zoned R-1. Filed by E. Davis Coots for Mr. W.C. Chance with Basic American Industries, Inc. This item is tabled due to defective notice. 13g. 7:00 P.M. , Public Hearing on Docket No. SUA 67-88 for Dan Young Chevrolet and Dan Young Honda located at 3210 East 96th Street, Indianapolis. Petitioner is requesting approval of the addition of an architectural lighting to the exterior of the existing and remodeled buildings. Parcel is zoned B-3. Filed by Philip A. Nicely. This item is tabled. There being no further business to come before the Board, the meeting adjourned. Chairman Buddy McCart for Secretary, Dorthy Neisler P