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HomeMy WebLinkAboutBZA Minutes 11-24-86 CARMEL BOARD OF ZONING APPEALS MINUTES - NOVEMBER 24, 1986 233 The regular meeting of the Carmel Board of Zoning Appeals was called to order by the chairman, Warren Saunders , at 7 : 04 P.M. at the City Meeting Hall. The meeting opened with the Pledge of Allegiance . Roll was called and members present were : Warren Saunders, Ila Badger, and Bill McFadden. Absent were Richard Dowell and Jeanne Book. Staff members in attendance were : Pat Hollingsworth, Gordon Byers and Rosalind McCart. There were no additions or corrections to the minutes of the October 21 , 1986 meeting and Mrs. Badger moved that they be approved as submitted. Seconded by Mr. McFadden. . Motion carried. H. Public Hearings lh. 7: 00 P.M. , Public Hearing on Docket No. V 44-86 , Developmental Stand- ards Variance 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. . 04-1 6i -- Second sign in a front yard) . 7 Filed by James B. Carr, D.D. S. The public hearing opened at 7 : 07 with Davis Coots making the presentation. Dr. Carr was present. The petitioner requests to install a ground sign on his property on Medical Dr. Mr. Coots said Dr. Carr' s building has a double frontage and is entitled to a sign on each frontage. The proposed sign is visible from the south elevation as one comes around the curve . Dr. Carr has a sign the building structure . A tenant also has a sign on the brick in thew building structure on the south elevation. The sign rendering was shown and it has been approved by the Plan Com- mission. Photos were presented to members. This variance request is to install the sign as indicated on the site plan. Mr. Coots stated that this is the only sign the petitioner seeks on that location. Mrs. Badger said the question is whether this is a double frontage lot because this is merely a curve in the street . Mrs . Badger stated that this does not abut more than one street and said she is concerned that the Ordinance is misused in this way. Mr. McFadden asked if the petitioner ;ould be the building. willing to take the sign off Mr. Coots stated that it is an intricai part of the building. Mr. Coots said Mr. Kiphart feels the petitioner can have this sign as long as there is only a nortn face to it. The site plan was presented to members. Mrs. Badger said the vote taken tonight should reflect whether or not we feel that the definition in the Sign Ordinance is a correct definition and whether it needs to be clarified more . Mrs. Badger said she does not feel this constitutes a double frontage lot as the definition reads. The public hearing closed at 7: 19. ' Mrs. Badger informed that the forms presented for Findings of Fact this evening are not the updated forms. Mr. Byers addressed Mrs. Badger' s concerns. Dr. Carr has been at this location for two years. Mr. McFadden moved approval of Docket No. V 44-86, Developmental Standards --Variance for James B. Carr, dentist , for a ground sign which will be visible from the south. Seconded by Mrs . Badger. Findings of fact were completed by members. CARMEL BOARD OF Z TNG APPEALS MINUTES - NOVEMBER 24, 19d6 Page 2 The vote was 2 Against , 1 For (Mr. McFadden voting For) . Mr. Byers will research for the petitioner the outcome of the vote as to whether it was a no vote or a denial and will advise of the next procedure . 2h. 7 : 00 P.M. , Public Hearing on Docket No . V 45-86 , Developmental Stand ards Variance for Sharon K. Baugh, 11125 Moss Dr. , Carmel , IN. , located in R-2 zoning. Petitioner seeks Variance from Sec . 8 .2 , Day Nursery, minimum area 1 acre . Lot size is 15 ,000 sq. ft . Filed by Sharon Baugh. 3h. 7 : 00 P.M. , Public Hearing on Docket No . S 46-86 , Special Exception Application for Sharon K. Baugh, 11125 Moss Dr. , Carmel , IN. , in R-2 zoning. Petitioner seeks to continue to operate day nursery in her home . Filed by Sharon K. Baugh. Both items 2h and 3h were heard together. The public hearing opened at 7 : 27 with Sharon Baugh making the presentation A drawing was shown of the area of the proposal . A variance is needed for the use as a day care nursery and for the lot size Mrs. Hollingsworth said there are no complaints in the file . Mrs. Badger asked how many children are present in one days time. Mrs . Baugh said 8 and that 10 would be the maximum. The public hearing closed at 7 : 30. Mrs. Badger moved that S 46-86 , Special Exception for Sharon Baugh, be approved for a period of one ( 1) year. Seconded by Mr . McFadden. Findings of fact were completed by members. Motion carried 3 to 0 . Mrs . Badger moved that V 45-86 , Developmental Standards Variance for Sharon Baugh , be approved running personal to the applicant . Seconded by Mr. McFadden. Findings of fact were completed by members . Motion carried 3 to 0 . 4h. 7: 00 P.M. , Public Hearing on Docket Fio . V 47-86 , Developmental stand- ards Variance for Carmel We aieyan Church , 761 N . Range Line Rd . , in B-3 zoning. Petitioner seeks to vary required number of parking spaces Filed by Jeff Bottsford , pastor. The public hearing- opened at 7 : 38 with Pastor Bottsford making the present- ation for a permanent variance request because they do not need the extra parking at this time . Pastor Bottsford said they will return in the future if there is any change They have 20 parking spaces at this time. Mrs. Hollingsworth stated that there are no complaints in the file. The public hearing closed at 7 :41. Mr. McFadden moved that V 47-86 , Carmel Weslyan Church for variance for parking spaces , be approved running with Carmel Weslyan Church. Seconded by Mrs . Badger. Mrs. Badger asked that the minutes reflect that , at the Technical Advisory Committee meeting, the petitioner stated that they would be willing to expand the parking lot if it becomes necessary. Findings of fact were completed by members. Motion carried 3 to 0. I. Old Business li. 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 3-1 zoning. Swimming pool deck en- croaches a 10 ft. side yard line . This project tabled for 1 month by the Board at the October meeting. Filed by George Gnatovich. vruurlL1., fu hu OF ZONING APPEALS MINUTES - NOVEMBER 24, 1986 Attorneys Jack Hittle and Bob Wolf were present. Page �, .mac 0 Rev. Saunders asked if an agreement had been worked out. Mr. Hittle and Mr. Wolf stated that no agreement has been worked out. Mr. Byers, Board attorney, stated that the only issue before the Board tonight is the Variance from the side ard Mr. Hittle reported on the meeting they diduhave eat theofthe Dept. ofOrdinanceDevelopment staff office , stating that the issues were talked but no agreement was made . about Mr. Hittle commented regarding the question of whether the waythe was constructed was causing a drainage or they agreed to the Technical Advisory Committeefrecommendattthe ionrand ath poolad drain- age problems will be taken care of and theyrequest approvalhe ie Mr. Hittle said the only ligitimate concernwasdrainageof this Variance . Mr. Hittle stated that they feel it would be a substantial hardship to them to have to remove this deck at this time. Mr. Bob Wolf, 151 N. Delaware , attorney representing Mr. & Mrs. Jim Mal presented a copy of the engineer's report to Board members, ley a part of the official minutes and attached to the master copyhis report is There was no objection by the Board to having this new evidence at this time. introduced Mr. Wolf related that he was told by Mr. Hittle that this issue was non- negotiable . Mr. Wolf stated that there was a right way and a wrong way to pursue this matter and why did they not come to the Board of Zoning Appeals in the begin- ning. Mr. Hittle addressed the engineer' s report , stating that they agree gin- this report and agree to all suggestions made . to Mr. Malley spoke regarding the swale and said it would have to be entirely on his property because there is no room on the Gnatovich property for a swale. Mr. Malley stated that he will not agree to have the swale on his property to accomodate Mr. Gnatovich. Mr. Quitney, pool contra have the deck there and explained.said it 'r.o'ul P , ;slbly harm the pool not to Mr. Quitney related that the Mrs. Badger questioned pool is closeda' covered now.q d the fence variance . Mrs. Hollingsworth said the ,_ - -, for the fence height. pe t Toner v,�i be coming in for a variance Mr. Byers stated that whether to or whether not to grant a side yard encroachment is the only thing before t l2ieathj for evening. Board for vvote Mr. McFadden moved to approve Docket No . V 41-36 , Variance for George Gnatovich, for swimmingdeck Developmentnrchmof Standards0f side yard line. pool encroachment of 10 ft. Seconded by Mrs . Badger. Findings of fact were completed by members. Motion failed 3 to 0 . Mr. Byers stated that he will prepare written findings of fact and circulate to all parties. 21. 7: 00 P.M. , Public Hearing on Docket No. V 42-86 , Developmental Std- ards Variance for Timothy and Sharon Pett an o Place , lot 120, Eden Estates , located in R-1zonin3. Petn Hollowner to install inground swimming pool which will encroach reatrtiaddr rain- age and utility easement. This project was tabled for 1 month by Poard at the October meeting. Filed by Gary Faust for Timothy & Sharon Pettygrove. The public hearing opened at 8: 29 with pool contractor, Gary Faust , the presentation, making Mr. Pettygrove was present. A drawing was shown and the proposal was explained. CARMEL BOARD OF ZONING APPEALS MINU'i`_: :_. - NOVEMBER , 1986 Page 4 The variance request if for a swimming pool that encroaches on a rear yard easement . All utilities are in front df the property and located at the street where there is another easement . Drainage was explained and water from the property will go no where other than into the drainage ditch. Letters of approval regarding the utility easements were read by Mrs . Hollingsworth. Location of the drainage easement area was questioned by Mrs. Badger and discussion followed by members and staff. The public hearing closed at 8:45. Mrs. Badger moved that Docket No . V 42-86 , Development Standards Variance which would allow the Pettygroves to build an inground swimming pool which would encroach the rear yard drainage and utility easement , be approved and in addition this Board and petitioner understand that this in no way vacates the present easement . Seconded by Mr . McFadden. Findings of fact were completed by members. The vote was 2 For, 1 Against (Mrs . Badger voting NO) and Mr. Byers will address the outcome of the vote and notify parties and the Board and appropriate findings of fact will be forwarded . There being no further business to come before the Board , Mr. McFadden moved to adjourn. Seconded by Mrs . Badger. Meeting adjourned. Chairman Secre caryr