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HomeMy WebLinkAboutBZA Minutes 01-26-87 CARMEL BOARD OF ZONING APPEALS MINUTES - JANUARY 26, 1987 The regular meeting of the Carmel Board of Zoning Appeals was called to order by Board attorney, Gordon Byers , at 7: 29 P.M. , January 26 , 1987 at the City Meeting Hall. The meeting opened with the Pledge of Allegiance . Mayor Jane Reiman was present and explained the make up of the Board of Zoning Appeals. Mayor Reiman then swore in Ila Badger and Gilbert Kett for 4 year terms to expire December 31 , 1990. John Hensel, Clay Township Trustee , was present to swear in Jeff Davis for a 4 year term to expire December 31 , 1990. Roll was called and members present were: Bill McFadden, Ila Badger, Richard Dowell, Jeff Davis and Gilbert Kett . Staff members present were: Chuck Kiphart , Pat Hollingsworth, Gordon Byers and Rosalind McCart. Election of officers for 1987 followed. Mr. Kett nominated Bill McFadden for chairman. Seconded by Dr. Dowell. Mrs. Badger moved the nominations be closed. Seconded by Dr. Dowell. Mr. McFadden was elected chairman and assumed the chair. Mrs. Badger nominated Dr. Dowell for vice chairman. Seconded by Mr. Kett . Mrs. Badger moved the nominations be closed Seconded by Mr. Kett. Dr. Dowell was elected vice chairman. Mrs. Badger moved that Rosalind McCart continue as secretary. Seconded by Dr. Dowell. Mrs. Badger moved the nominations be closed. Seconded by Dr. Dowell. Mrs . McCart was reelected secretary. There was no objection by Board members to the 1986 Rules of Procedure and they were adopted for 1987 . There were no additions or corrections to the minutes of the November 24, 1986 meeting and Mrs . Badger moved that they be approved as submitted. Seconded by Dr. Dowell. Motion carried. M. Old Business lm. Board to consider Docket No. V 1-84/87 , Renewal Variance Application for one chair beauty shop in home located at 10404 Cornell Ave . in R-3 zoning. Requesting renewal for a 2 year period. . Filed by Martha Lovell. Martha Lovell was present requesting a renewal for the beauty shop in her home for a period of 2 years. Photos of the home were shown. There is a sign attached that complies with the ordinance . Mrs. Badger moved that Docket No. 1-84/87 be granted to Mrs. Lovell for a 2 year period of time. Seconded by Dr. Dowell. Findings of fact were completed by members. Motion carried 5 to 0. 2m. Board to consider Docket No . V 2-86/87 , Renewal Variance Application for one chair beauty shop located in home at 10460 Combs Ave . in R-3 zoning. Requesting renewal for a 2 year period. Filed by Jennifer Cala. Jennifer Cala was present requesting renewal of the beauty shop in her home for a period of 2 years. There were no complaints in the file and staff recommended approval. The sign is in compliance with the ordinance . CARMEL BOARD OF ZONING APPEALS MINUTES - JANUARY 26, 1987 Pa • ,. e 2 g Mr. Kett moved that Docket No. V 2-86/87 be approved. Seconded by Dr. Dowell. Findings of fact were completed by members. Motion carried 5 to 0. 3m. Board to consider Docket No . V 48-80/87 , Renewal Variance Appli- cation for 128 sq. ft. sign for American Aggregates Corp. located at 5300 E. 116th St. in S-1 zoning. Filed by Wende Gorder for American Aggregates; Catherine Williams , acting authorized agent . Mr. Kiphart informed that he has a letter from American Aggregates stat- ing that they wish to change to a permanent variance for as long as they use this sign and that they request to table this item tonight. Item 3m is tabled at the request of the petitioner. 4m. Board to consider Docket No. V 42-86/87 , Developmental Standards Vari- ance for Timothy and Sharon Pettygrove , 3352 Eden Hollow Place , lot 120 , Eden Estates , located in R-1 zoning. Petitioner seeks to install inground swimming pool which will encroach rear yard drainage and utility easement. This petition received a no-decision vote at the November 1986 BZA meeting. Filed by Timothy & Sharon Pettygrove . Gary Faust, pool contractor, made the presentation. Mr. Faust explained that there is a utility easement in the rear and in the front of the property. Mr. Faust said they have an approval by every utility of this request as the utilities are currently all running in front of the property. Letters in this regard from all the utility companies are in the file. The petitioner does conform to Technical Advisory Committee requests. Dr. Dowell moved that Docket No. V 42-86/87 , Developmental Standards Variance for Timothy & Sharon Pettygrove to install inground swimming pool _. which will encroach rear yard drainage and utility easement, be approved. Seconded by Mr. Kett. Findings of fact were completed by members. Motion carried 5 to 0. 5m. Board to consider Docket No. V 44-86/87, Developmental Standards Vari- ance for James B. Carr, D.D. S. , 266 Medical Dr. , Carmel , IN. in B-8 zoning. Petitioner seeks ground sign which will be visible from south; existing wall sign is also visible from south (Sec . 25.7 . 04-1 6i-- Second sign in front yard) . ' This petition received a no-decision vote at the November 1986 BZA meeting. Filed by James B. Carr, D.D. S. Mr. Davis Coots made the presentation reviewing the request. Dr. Carr was present. The petitioner seeks to install a ground sign on the site indicated on the plan presented. The sign is to be constructed of brick identical to that on the building. Mr. Coots said the reason for the sign is that traffic headed to the south needs identification exposure . There are 2 signs on the south elevation. Dr. Carr' s sign and that of a tenant. From the east, alongMedical Dr. , the sign north. will be visible from the Mr. Kiphart stated that staff will always ask that the sign ordinance , as written, be upheld. Mrs. Badger moved that Docket No. V 44- 86/87 , Developmental Standards CARMEL BOARD OF ZONING APPEALS MINUTES - JANUARY 26 , 1987 Yage �239 Variance for James B. Carr, D.D. S. , be approved. Seconded by Mr. Kett. leted by members. Findings of fact were comp Motion carried 3 to 2 (Mr. Davis and Mrs. Badger voting NO) . L. Public Hearings Developmental Stand- 11.. 7 : 00 P.M. , Public Hearing on Docket No. Sho8e, Court , Carmel , IN. 35 eCo for automaticrel , pool Stand- ards Variance for zLoning. Hamaker,oner seeks approval located in R-1 zoning. cover in lieu of fence (Sec. 7 . 3.2) . Filed by Larry Hamaker. The public hearing opened at 8: 20 with Mr. Hamaker making the presentation for an automatic pool cover in lieu of a fence. Thertified plat survey was shown and photos of the pool were presented. No c present and the public hearing closed at 8: 25. Mr remonstrattat were Kiphart stated that the Technical Adviberestablished.recommended that Mr. P ordinance , the 6 ft. high fence , required by Mrs. Badger said that the ordinance regarding fences and pools should be suggested re n. Mrs. Badger vtethi and ask the Commissioit needs to nnetoelooktinto this matter. Hamaker. thatM this Boardgrask be approved for Larry Mrs. Badger moved that Docket No . V 1-87 PP Seconded by Dr. Dowell. members. Findings of fact were completed by Motion carried 5 to 0. Mr. McFadden asked that the Plan Commission look into this matter in the ordinance pertaining to pools and fences. 21. 7 : 00 P.M. , Public Hearing on Docket No . V 3-87 , Developmental Stand- ards Variance for Charlotte Verrg905 Bristol Rd. , Indianapolis , IN 46280 , located in R-1 zoning. Petitioner seeks Variance from Sec . 7 .2 , Day Nursery, Minimum Area, One acre. Lot size is 14,100 sq. ft . Filed by Charlotte Verbarg. Special Use Exception 7 : 00 P.M. , Public Hearing on Docket No. S 2-87 , Sp IN . 46280 tic for Charlotte Verbarg, 905 Bristol Rd. , Indianapolis , , ed in R-1 zoning. Petitioner seeks to operate child day care in her home . Filed by Charlotte Verbarg. Both items 21 and 31 were heard together. The public hearing opened at 8: 30 with Mrs. Verbarg making the present- ation for a day nursery in her home and to vary for lot size. Mrs. Verbarg stated that it is her choice to stay at home for a means of self support . Greg Weeks , 10945 Beechwood Dr. E. made a statement in support . The public hearing closed at 8: 33. Mrs. Verbarg said that Hamilton County Health Dept. allows up to 10 full time children and up to 5 part time . Parking will allow for 8 cars . The back yard is fenced. Mrs. Verbarg said she would like a small sign above the door to the play room. There will be a separate entrance . Mr. Kiphart said staff recommends approval and that the septic system is their only concern. The sewer will be available to Mrs. Verbarg in late fa: Staff recommends that this variance goes with otoCharlotte Verbarg owner ' Mrs. Badger moved that Docket No . V 3-87 only. Seconded by Dr. Dowell. Findings of fact were completed by members. Motion carried for the Variance 5 to 0 • roved with the understand Mrs. Badger moved that Docket No . S 2-87 be approved ---------------- .1.� "1' �uiv lwG APPEALS MINUTES ing that the - JANUARY 26, 1987 maximum capacityPage 4' when Mrs. her mar would be 10 full time fromn e g reaches the maximum number allowed that she ' time and Hamilton County Health Dept. that Seconded by Dr. Dowell. P regarding septic a get approval Findings of fact were completed by approvals. Motion carried 5 to 0. members. 41. 7: 00 P.M. , Public Hearin Stand- ards VarianceMfori0 g on Docket No. V 4-87, arilsCarmIN. Osco Drugs (The Center) , 1 S. Range Line Rd. , located in B-3 zoning. 390 S. R Sign Ordinance , Sec. 25,7 . 04_1 bii: Petitioner seeksaVariance from also Sec. 25.7 . 04-1 Sebvi:. Color and design, and type orange le7, for interior illumination, sign; Filed by A. Manganoamination, 51. for Osco Drugs. 7: 00 P.M. , public Hearing for Osco Drugs,b13 90 on Docket No. S 5-87 , toninS . Range Line Rd. , - 7 ► Special. located Use ince-3 g• Petitioner seeks to amend sign Carmel, IN.Unified Center. Filed by A. Mangano package for Osco Drugs. in Center. Both items 41 and 51 were Des ThThe public hearingheard together. eign l. of Orpened at 8: 42 with Alex Mangano, manager of Terry Doyle of Doyle Si ' making the presentation. g the The site plan and elevation Company wiin was present. Mr. Mangano stated that theyg were shown.. off of 2 request 2 signs because there havef2 2i (Range Line Rd. and 116th St. ) and theyis visibility Photos were have the right to hoin opposition and the signage shown. Letters from Clyde Winkler, 605 and Ballwin,from MO. 63011 (property owner of land Claymont Estates gbuilding) ,Dr. , Drug Store , 1421 S. i abuttingRd. Thomas Drug , V. Pres. , store operations Range Line Rd. , official minutes and operations, were read master CO R. Cunningham, Y Mrs. McCart and are a Mrs. moved that Docket No . copy. part of the rBadger 2 V 4-87 , in regard to Ordinance ,presentedSec.th25. 7 .s 41 bii: Number and typePart A, (Sign evening and is to run only with for scooDr sign) , be pertainsprved to the second sign only- the one requested for 116th Street.. This Secondea by Dr. Dowell. h Street. Findings of fact were completed by members for Part A of Docket No. V 4-87. Motion failed 5 to 0, Regarding Part B, Mr. Mangano stated the size of the sign Mrs. Badger moved that Docket No. 4-87 , Ordin- ance Sec. 2 _ bvi: Pertaining to Part tB o bSi n , ft. whicc 2 Color and design of the signSign eRd , in- teriorhisl no largernthanaod 75is sq. ft. , , be approved for orangecng Range Line il. , Seconded bytDrugs only. letters and Findings ofact Dwere lcompleted b Motion carried 4 to 1 by memberstfor Part B of Docket No. V 4-87. Mrs. Badger moved that (Dr.Docket No. voting NO) • color for thegmain sigs ad the t 5-87 be a Osco Drugs only. type of lighting approved to amend in so far as Seconded byg and that it be approved for Findings of fact Dwere •completed by members for Docket No . S 5-87. Motion carried 5 to 0, 61. 7: 00 P.M. , public Hearing on Docket No. S 6-87 ,ion for John Kirk Enterprises, 12 4. locatednin B- Sdian pecial Carmel,se Except- ion 3 zoning. Petitioner seeks Mto1construct blocIl for storage of boats . Filed by building Terry Brookie for John Kirk Enterprises. _ The public hearing opened at 9: 26 with Terry Brookie, attorney, making the CARMEL BOARD OF ZONING APPEALS MINUTES - JANUARY 26, 1987 Page X41 presentation. Tom Kirk was present. The petitioner seeks to construct a masonry block building (44' x 52' 8" and approximately 18 ft . in height) for the storage of equipment and occa- sionally boats . A drawing of the building was shown. The building will have no water or heat. Parking (8 spaces) will be due east. There are 2 bays on the north elevation that are not closed. The east elevation will have no windows or doors. • There will be no retail traffic. Barb Conrad of Weihe Engineering was present. There were no remonstrators and the public hearing closed at 9: 29. Dr. Dowell moved that Docket No . S 6-87, for John Kirk Enterprises , be approved. Seconded by Mr. McFadden. Findings of fact were completed by members. Motion carried 5 to 0 . 71. 7 : 00 P.M. , Public Hearing on Docket No. V 7-87 , Developmental Stand- ards Variance for Perry Meek, 1731 W. 106th St. , Clay Twp. located in S-1 zoning. Petitioner seeks 2 variances: (1) oversized garage and (2) located in front yard. Filed by Sheila Marshall for Perry & Nancy Meek. The public hearing opened at 9: 32 with Davis Coots making the present- ation. Mr. Meek was present. The petitioner owns approximately 60 acres that have been subdivided into Coppergate Subdivision that was approved by the Plan Commission. The plat was shown for this request- the lot with the old home on it. Currently the petitioner enters his property from 106th St . By reason of the layout of Coppergate their drive to 106th St . is being closed and their drive will enter from an interior road in the subdivision, Coppergate Dr. , to a circular drive in front of their home . They seek to build a garage immmediately to the S.E. of their home , 75 ft. back from the right-of-way of Coppergate Dr. and 40 ft . back from the west boundary line of their property. A drawing was shown of the proposed 3 car garage . (1,008 sq. ft . ) The public hearing closed at 9: 40. Mrs . Hollingsworth reported that the Technical Advisory Committee found no problems. Regarding the oversized garage , approval for the 1 ,008 sq. ft. is to run with the land and Mrs. Badger so moved. Seconded by Mr. Kett. Findings of fact were completed by members. Motion carried 5 to 0 for Part A, Oversized garage. Regarding Part B, location of garage in front yard, Dr. Dowell moved approval. Seconded by Mrs . Badger. 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