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HomeMy WebLinkAboutBZA Minutes 10-27-86 CARM$IL BOARD OF ZONING APPEALS MINUTE - OCTOBER -27 , 1986 227 The regular meeting of the Carmel Board of Zoning Appeals was called to order by the Chairman, Warren Saunders, at 7:00 P.M. October 27 , 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, Richard Dowell, Ila Badger (arrived 7: 02) , Bill McFadden and Jeanne Book (arrived 7 : 25) . Staff members present were: Chuck Kiphart , Pat Hollingsworth, Gordon Byers and Rosalind McCart. There were no additions or corrections to the minutes of the September 22, 1986 meeting and Mr. McFadden moved that they be approved as submitted. Seconded by Dr. Dowell. Motion carried. I. Old Business li. Board to consider Docket No. V 44-8O/86, Renewal Variance for dental laboratory in residence located at 9614 N. College Ave. in S-2 zoning. Filed by Christel Horney for Studio of Dental Ceramics. Martha Wilson, 2222 E. 75th St. , Indianapolis, was present for Christel Horney and made the renewal request. There were no complaints in the file. Staff recommended that the Board renew for one (1) year and that next year the petitioner go for a public hearing procedure. Mrs. Badger moved to approve Docket No. V 44-80/86 for one (1) year. Seconded by Dr. Dowell. Findings of fact were completed by members. . Motion carried 4 to 0. H. Public Hearings lh. 7 : 00 P.M. , Public Hearing on Docket No. S 39-86, Special Exception Application for Peter Rabbit Day Care facility, located 11660 College Ave. (Meridian Technology Center, Phase 4) Carmel, IN. The 2. 3 acre site is zoned B-2 and B-6. Proposed facility is one story (23 ft. high) two phased (Phase I-5918 sq. ft. in `size and Phase II- 5918 sq. ft. ) . Filed by Jon Altman for Stamp-Altman Properties & Browning Investments, Inc . , and Technology Center Associates, Ltd . The public hearing opened at 7 : 11 with Kevin Miller making the presentation, Mr. Altman and Mr. Stamp were present . Rachael Cohen will be the operator of the Day Care facility. Location and the surrounding uses were given. Elevation drawings of the masonry building were shown and the building is compatible with the surrounding office buildings in the area. Mr. Kiphart said this item did go before the Plan Commission on October 21, 1986 for Architectural Design, Lighting and Signage and will go to the Ind- ustrial and Commercial Committee for review on November 11, 1986. Approval by the Board should be contingent on Plan Commission approval of ADLS. Mr. Kiphart related that the Technical Advisory Corunittee did review the matter and the changes recommended have been made and staff recommends approval. The two phases of the development were reviewed. The west half will be com- pleted first to accomodate 120 students. The east half will be constructed at a later date and will be a duplicate of the first building and will also accomodate 120 students. The outside storage will be enclosed in cedar structure 6 ft. high with a cedar gate . The play area will be surrounded by a 6 ft. high cedar fence. Rachael Cohen, 1074.8 Pine Circle , Carmel , IN. , stated that there will be 16 staff members and they do exceed the 'ratio that the state requires. Mr. McFadden questioned that there is to be no sprinkling system, stating that he feels it is necessary for safety. 22S CARMEL BOARD OF ZONING APPEALS 14` TNUTE _. , ,TOBER 27 , 1986 Pagb 2 John Stamp, 8626 N. Pennsylvania, Indiana olis , IN. , said that they do meet all fire codes. The public hearing closed at 7: 22. Mrs. Badger moved that Docket No. S 39-86 be' approved this evening con- tingent on Architectural Design, Lighting and ._,ignage approval by the Carmel Plan Commission. Seconded by Dr. Dowell. ._. Findings of fact were completed by members. Motion carried 4 to 0. (Mrs. Book arrived- 7: 25) t 2h. 7: 00 P.M. , Public Hearing on Docket No. V 40-86, Developmental Stand- ards Variance for St. Peter' s United Church of Christ , 3106 E. Carmel Dr. in R-1 zoning. Petitioner seeks one (1) additional identification sign. Sign Ordinance allows one identification sign (Sec. 25.7 .03-2a- Institutional Uses) . Proposed sign is 30 .sq. ft. , 5 ft. in height. Filed by St. Peter' s United Church of Christ. The public hearing opened at 7: 26 with Cathy Hinkle , Noblesville , making the presentation. Pastor Hinkle was present. The request is for an additional sign on the Keystone Avenue side of the property to identify the church from Keystone Avenue. The sign will be 30 sq. ft. and the area around the sign will he landscaped. A rendering was shown of the single faced sign which meets code. "St. Peters" will be in dark blue lettering on. light blue background and "United Church of Christ" will be in gold lettering on maroon background. A rendering was shown. Mr. Kiphart said that the sign has to be _ ocated 10 ft. back from the Keystone right-of-way line. Mr. Kiphart questioned why this sign cannot be the same as their first sign (wood stained dark) instead of using these new colors. The stained wood sign is compatible with the building. Mrs. Badger said that she agrees with Mir. ':-ipha.rt. • The sign will not be lighted. The petitioner said they feel the stained dark wood sign will not be as visible. The public hearing closed at 7 : 38. Mrs. Badger moved that Docket No . V 40-86 to approved this evening for a 30 sq. ft. sign which will be done in wood with the possibility of some color as worked out with the Dept. of Community Development to be reported back to the Board by Mr. Kiphart. Seconded by Dr. Dowell. Findings of fact were completed by member . Motion carried 5 to 0. 3h. 7: 00 P.M. , Public Hearing on Docket No. V 41-86, Developmental Stand- ards Variance for George Gnatovich, 4972 Limberlost Trace , lot 122, Mohawk Crossing, Sec. 4, located in S-1 zoning. Swimming pool deck encroaches a 10 ft. side yard line . Filed by George Gnatovich. The public hearing opened at 7:42 with Jac Hittle , attorney, Conner St. , Noblesville, IN. , making the presentation. Mr. Gnatovich and Al Quitney, pool contractor, . were present. An enlargement of the permit issued to the builder was shown. The problem is that the site set back was 7 ft. The and then determined that this was in violation of the codeol was constructed Mr. Hittle related that a neighbor has ;lbst.Jnt .H-'1 objection to some drainage problems. Mr. Hittle stated that the draina Te nrobL_. have been addressed and that CARMF, L BOARD OF ZONING APPEALS - OCTOBER 27 , 1986 Page 3 229 things are much better than before and that some of the objections are minor and no problem on Mr. Gnatovich. Ed Ferguson, 138 Cool Creek Dr. , stated he feels the pool to be an en- hancement to the neighborhood. Jim Bryan, 41?9 Riley Muse , said he -feels it is of the utmost quality and recommends approval. -- -- Bob Wolf, attorney, 1000 Market Square Bldg. , Indianapolis , IN. , and Mr. and Mrs. Jim Malley, 4960 Limberlost Trace , Carmel , IN.- , were present in opposition. Mr. Wolf questioned have the petitioners ;: t the zoning law requirements and why are we hearing about this after they have undertaken this project. Mr. Wolf presented materials including a letter dated October 2, 1986 from Mr. Kiphart. Violations were cited by Mr. Malley. • Mr. Malley said no one else was present on his behalf. Mr. Hittle made remarks in rebuttle , stat;'iiv that there was an error that was caught after which the petitioner came in for. a Variance. Mr. Hittle ex- plained the sequence of events. Photos were presented to show that there are no drainage problems even in a heavy rain. Mr. Malley spoke of the type of pool being out in. At the edge of the line is a deck and the pool pump sits about ft. from the property line . Mr. Palley stated the ' day by day sequence of events of the pool develop- ment and spoke of the ordinance violations. Mrs. Joan Malley, 4960 Limberlost Trace , said 'they have no support from the neighbors, but related that no one else needs to be concerned. Mrs. Malley said their property and Mr. Gnatovich' s property are lower than the others. Mrs. Malley questioned who is responsible in this matter. Mr. Hittle said that Mr. Gnatovich did not remove the drainage pipe as Mr. Malley said he had done. The side wall of the pool to the property line is 7 ft. Mr. Kiphart made a presentation of the situation showing photos taken to- day. .Ir. Kiphart stated that the information presented to the Dept. of Com- munity Development for a permit was not complete . A house location, site plan and swimming pool location was all that presented. Mr. Kiphart said there was a verbal agreement that all would be set back 10 ft. from the property line. Mr. Kiphart said that the Technical Adviory Committee has looked at this too. Mr. Kiphart said he felt that a drainage swale between the 2 lots was sufficient to handle the drainage problem. A stop work order for the deck was issued , but Mr. Kiphart was told that it had been installed already. Mr. Kiphart asked the Board to consider craInage in this matter and whether or not to allow an encroachment of a side yald line is the Board's decision to make based on all the information presented to the Board. Mr. McFadden questioned why this matter got this far and stated disap- pointment with the Dept. of Community Development for allowing this situation to go this long without a stop work order. is:r. McFadden said it should have been stopped before it got started. Mrs. Hollingsworth said she did not feel she issued the permit in error, but that nothing was done in writing. Mrs. Hollingsworth said she told Mr. Quitney, the pool contractor, of the 10 ft . requirement from the side yard. Mr. Kiphart responded regarding why they had not issued a stop work order sooner, stating that they tried to use some common sense. They try to work with the residents and builders at this time of year and they have to take people' s word sometimes too. Mr. McFadden said he feels a stop work order should have been issued. Mr. McFadden stated that pool builders in general are doing what they want to in Carmel and think they can get away with it. 230R1VILL BOARD OF ZONING APPEALS MINUTES - OC'.i?D E.i~R. 27 , 1986Pale 4 Mr. Kiphart said some are and some are not. a. Mr. Kiphart related that the pool 'structu., e itself is not in violation and the back of the pool is not in violation. . There is nothing specifically in the ordinance that says one cannot raise the back yard of ones property as long as it does not interfere with the drainage. If the deck drains in, it should not interfere with neighbor' s drainage . ..-.i Al Quitney, Court and Terrace Pools, said he has never had a problem and that he does not have a problem with this pool . : Mir. Quitney stated that he thought this was being done correctly and that he was unaware if he made an error. Mr. Quitney said he does not make a practice of not complying and if Mrs. Hollingsworth did tell him he did not ; et it. Mr. Quitney said the drop off is 2 ft. Mrs. Book questioned the TAC recommended drainage swale and asked who is responsible. Mr. Kiphart said he feels it should be joint by the 2 property owners or by the pool contractor. Mr. Kiphart said he will talk with lir. �ret in this regard, stating that he thinks, but is not sure , that the developer is responsible for proper drainage. for a possible 3 year period. - Mr. Kiphart related that the intention to raise by 2 ft. is on the plan. Dave Rickard issued the stop work order. Mrs. Badger stated that no permits should be issued unless information is complete . Mrs. Badger said the Dept. of Community i veloprnent is to protect the city and its citizens and is to work with the ordln_inces. Board members questioned Mr. Hittle. Mr. McFadden asked if they would be willing to remove the deck. Mr. Hittle said no they do not wish to _(1 that is the reason for the Variance . Mr. Hittle said the height of the fenco _ d ft. Mrs. Badger said that that exceed, the l _citations of 6 ft. Mr. Byers related the Board' s options in handling this matter: 1) A 45 day period in which parties can be directd Co :neet and resolve the issues , 2) close the hearing and continue the mattu.L•, and 3) can ask counsels of both ' sides to meet and report back to see if thc: i_auues can be resolved. Mr. Byers said Mr. Kiphart' s office caul() :;-cop work on the entire project until 45 days. A two (2) minute recess was called by ::r . iFadden, Following recess the public hear i n; :r.., c: osed (9: 37) • Mr. McFadden explained the motion he wa:; about to make and then moved to ' table for 30 days with the instructions that the attorneys and Mr. Steve Wilson, George Sweet , and the Dept. of Com::;e:_Lty Development sit down and work out all the problems that are before a; . Then bring the report back to the Board in November for disposition of -L i:; matter. In the meantime , all - - work, on the project is to cease. Seconded by Mrs. Badger. Mr. McFadden amended to the fact that worrL will be allowed to continue to secure the pool for the safety of the children in the area (fill in pool, cover of pool, and the fence , as long ., the petitioner realizes that the fence may have to be removed. Mrs. Badger accepted the amendments. Motion carried 5 to 0. 4h. 7: 00 P.M. , Public Hearing on Docket No. V 42-86, Developmental Stand- ards Variance for Timothy and Sharon aottygrove, 3352 Eden Hollow Place , lot 120 , Eden Estates , locuto n R-1 zoning. Petitioner seeki to install inground swimming pool v'u ii will encroach rear yard drainage and utility easement. Filed by Gary Faust for T_imo-L-}rr & ;.;? ,ar on Pettygrove. CARMh L BOARD OF ZONING APPEALS MINUTEL; - OCTOBER 2y , 1986 Page tl Mr. Faust , pool contractor, was present representing and explained the request. ng the Petty grove s, Mr. Faust said drainage would not be a de riment to any of the neighbor The property drains into a drainage ditch. s. The petitioners were not present this evening and no one was present a contractual interest. P t with Mrs. Badger moved to table for ono month until the present, petitioners can be Seconded by Dr. Dowell. Motion carried 5 to 0. 5h• 7: 00 P.M. , Public Hearing on Docket Ivo. S 3-86, Special Exception Application for Bauer Drive East Partners Bauer Dr. , Bauer Commercial i'arl, .-arra _� hip• Site is located on to construct 15,373zoned B-3. Petitioner proposes sq. ft. office all(' storage warehouse to be known as to n Webb building. Piled by David Murdock for Bauer Driv_;;East Partnership. The public hearing opened at 9:55 with ;; vjd Murdock, developer, IN. , making the presentation for the off ice--,;;rehouse facilitCarmel, Mrs. Holli ngsworth related that Line -1°1.1e is in order. y• Mr. Murdock did not have materials to r • rendering of the building and no sigma, , 1 ` ert this evening (no colored The plans werepresented € e ='F'�F ` .cings to show) . and explained. The public hearing closed at 10: 13. Dr. Dowell moved. that Docket No. 43- 6 Seconded by Mr. McFadden. ' approved as presented. Findings of fact were completed by member_;. Motion carried 5 to 0. There was no further business to come ! the Board and Mr. McFadden moved to adjourn. Seconded by Mrs. Badger. Meeting adjourned.