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HomeMy WebLinkAboutDepartment Report 05-29-181 CARMEL BOARD OF ZONING APPEALS – HEARING OFFICER DEPARTMENT REPORT TUESDAY, MAY 29, 2018 (V) Chuy’s on Michigan Rd. The applicant seeks development standards variance approval for an outdoor dining patio area: 1. Docket No. 18040007 V UDO Section 3.96.B 15-ft rear yard setback required, 10-ft proposed. The site is located at 10325 N. Michigan Rd., the former Applebee’s site. It is zoned B3/Business and US 421 – Michigan Road Corridor Overlay District. Filed by Scott Johnson of Parkway Construction. General Info & Analysis: The Petitioner is going to repurpose the former Applebee’s restaurant building/site and turn it into another restaurant. The Petitioner seeks approval to construct an outdoor dining patio canopy/area on to the east side of the existing building, where a small triangular area of it (approximately 82.62 square feet), will encroach approximately 5-ft into the 15-ft rear yard building setback. The rest of the greenspace will be maintained as grass and landscaping/plantings. The patio seating area will be surrounded by a low 2’9” wall, made of smooth faced doubled sided concrete masonry units/blocks. Please see the Petitioner’s informational packet for more detail on the variance requests. Surrounding the site are the Super Target parking lot and store to the east, Fifth Third Bank to the south, a multi-tenant retail building to the north, and Terry Pools to the west (across the street). The site received Plan Commission Committee design approvals on March 6, 2018 for the exterior changes proposed to the building and to the site, under Docket No. 18020017 ADLS Amend. The Planning Dept. supports this variance request. Petitioner’s Findings of Fact: Please refer to the petitioner’s Findings of Facts included in their info packet. Recommendation: After all comments and concerns are addressed, the Dept. of Community Services recommends positive consideration of Docket Nos. 18040007 V. 2 CARMEL BOARD OF ZONING APPEALS – HEARING OFFICER DEPARTMENT REPORT TUESDAY, MAY 29, 2018 (V) Tom Wood Jaguar Land Rover Volvo Signage. The applicant seeks development standards variance approval for signage: 2. Docket No. 18040008 V UDO Section 5.39.H.2 Max. 5 signs allowed to face south (by prior variances), 3 additional wall signs to face south proposed. The site is located at 4620 E. 96th St. and is zoned B3/Business. Filed by Kevin Buchheit of Krieg Devault, on behalf of Wood Automotive Group. General Info & Analysis: As part of a renovation project, the Petitioner seeks approval to add additional wall signs to the south building façade. In 2003 and 2011, the site gained variance approvals for signage (docket numbers V-41-03 to V-43-03 and 11070001 V to 11070002 V). Now, they seek an additional approval to add three (3) additional wall signs to the south façade. (The 4th sign is a proposed non-illuminated window decal sign, and it is considered exempt per the sign ordinance.) Please see the Petitioner’s informational packet for more detail on the variance requests. Five signs are allowed to face south per previous variances, and three additional small signs are being requested to face south (for the “Service”, “Drive-in Service”, and “Indianapolis” signs). There is also currently one sign that faces east. Any additional signage would need a variance, since they will be larger than 3 sq. ft. in size, hence making them not exempt signage. The sizes of the main identification signs are modest, with only the name of the dealer and the logo. These additional signs will be nonintrusive in size and design, and they will fit into the scale and portion of the building façade. The site received Plan Commission design approvals in April 2018 for the exterior changes proposed to the building and to the site, under Docket No. 18020009 ADLS Amend. Located to the west is a small office complex, and to the north is a large retention pond and office building. To the south are two other Tom Wood car dealer buildings. The building is located approximately 982 feet north of 96th Street, behind the other two Tom Wood car dealer buildings. (For comparison, a football field is around 360 feet long – so, that distance is close to 3 football field lengths.) The Planning Dept. supports this variance request. Petitioner’s Findings of Fact: Please refer to the petitioner’s Findings of Facts included in their info packet. Recommendation: After all comments and concerns are addressed, the Dept. of Community Services recommends positive consideration of Docket No. 18040008 V. 3 CARMEL BOARD OF ZONING APPEALS – HEARING OFFICER DEPARTMENT REPORT TUESDAY, MAY 29, 2018 TABLED TO JUNE 25 - (V) Honda Express Service. The applicant seeks development standards variance approvals for signage and lighting: 3. Docket No. 18040010 V UDO Section 5.03.B.4 Max. 0.3 foot-candles at property lines, Avg. 8 foot- candles proposed. 4. Docket No. 18040011 V UDO Section 5.39.E.8 Ground sign must be at least 5-ft out of street right of way, existing ground sign in street right of way proposed. 5. Docket No. 18040012 V UDO Section 5.19.F.1 North/East Perimeter Bufferyard Landscaping: 163 plantings required, 59 proposed. 6. Docket No. 18040013 V UDO Section 5.19.F.4 Parking Lot Landscaping: 42 plantings required, 35 proposed. The site is located at 4146 E. 96th Street (the former Harley Davidson site). It is zoned B3/Business. Filed by Allen Dresselhouse of Penske Automotive Group. This item is tabled to the June 25, 2018 BZA Hearing Officer meeting. 4 CARMEL BOARD OF ZONING APPEALS – HEARING OFFICER DEPARTMENT REPORT TUESDAY, MAY 29, 2018 (V) Eden Park, Sec. 6, Lot 133, Fence Height. The applicant seeks development standards variance approval for a fence in the front yard: 7. Docket No. 18050001 V UDO Section 5.09.B Maximum 42-inch fence with at least 25% visibility required in the front yard, 6-ft tall solid fence proposed. The site is located at 1028 High Drive. It is zoned R2/Residential. Filed by Ashley Klein, owner. General Info &Analysis: The Petitioner would like to make some improvements to the lot, and that includes removing the existing, old 9- ft tall lattice fence on the property and replacing it with a 6-ft tall solid wood privacy fence. The Petitioner seeks approval to erect a fence in the front yard that is taller than what is required by the ordinance, as well as more opaque than what is required by the ordinance. Please see the Petitioner’s informational packet for more detail on the variance request. The Unified Development Ordinance lists out the requirements for fences in front yards (see excerpt below). UDO Section 5.09.B: B. Fences in Front Yards. The following shall apply to all residentially zoned lots or tracts, except those larger than three (3) acres: 1. Maximum Height: Fences located within any required Front Yard shall not exceed 42 inches in height. 2. Fence Type: Fences located in Front Yards are not intended for privacy. At least 25% of its area shall be open to allow visibility through the fence. Such open spaces shall be reasonably dispersed throughout the entire area of the fence, except where solid stone or brick walls are permitted. Examples include wrought iron or picket fences. 3. Front Setback: Fences and walls may be constructed on the Front Lot Line but shall be set back at least one foot from any sidewalk or multi-use path. 4. Corner Lots: The requirements of this section shall apply to yards along both streets. The subject lot is a corner lot that has three (3) street frontages, so it has three front yards. Also, the subdivision plat shows that a 25-ft setback is platted along the west frontage, along Eden Way Place. The subdivision plat also shows a 25-ft setback along Eden Way, along the north. And, the plat shows a 35-ft setback is shown/ platted along the northeast, along High Drive. The Petitioner will correct the current existing fence setback violation along Eden Way Place (west frontage) and bring it into compliance with the new fence and its placement. The vision clearance areas at the street intersections will be accommodated for, as well. The Planning Dept. supports the variance request. Petitioner’s Findings of Fact: Please refer to the petitioner’s Findings of Facts included in their info packet. Recommendation: After all comments and concerns are addressed, the Dept. of Community Services recommends positive consideration of Docket Nos. 18050001 V. 5 CARMEL BOARD OF ZONING APPEALS – HEARING OFFICER DEPARTMENT REPORT TUESDAY, MAY 29, 2018 (V) Mohawk Crossing, Sec. 3, Lot 58, Pool Setback. The applicant seeks development standards variance approval for a swimming pool: 8. Docket No. 18050002 V UDO Section 5.02.C.7 Easement + 3-ft setback required for pool (18’ rear yard setback), 8.5’ proposed. The site is located at 13095 Harrison Dr. It is zoned S1/Residential. Filed by Heidi Shurts, on behalf of Dennis Brackenridge, owner. General Info & Analysis: This subject site lot is a corner lot that has two street frontages, and two front yards. The Petitioner would like to make improvements to their east/back yard by installing a fire pit, hardscaping, landscaping, and an in- ground pool. The rear yard is around 40-ft deep. And, 15-ft wide drainage and utility easements run along the north and east sides of the lot. The pool is proposed to be setback 8.5 feet from the east property line, when it needs to be at least 18-ft from the east property line (the 15-ft easement width plus 3 feet.) This is a variance request of 9.5 feet. This is the only variance needed. Please see the Petitioner’s informational packet for more detail on the variance requests. Please note that the Board of Public Works & Safety (BPW) has already approved a Consent to Encroach petition. A French drain and dry creek bed design features will aid in drainage for the site. The Planning Dept. supports this variance request. Petitioner’s Findings of Fact: Please refer to the petitioner’s Findings of Facts included in their info packet. Recommendation: After all comments and concerns are addressed, the Dept. of Community Services recommends positive consideration of Docket No. 18050002 V. 6 CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT TUESDAY, MAY 29, 2018 1. TABLED TO JUNE 25 - (A) Lucas Estate Appeal: Docket No. 17120006 A. The applicant seeks to appeal the 11/09/2017 Determination Letter written by the Carmel Department of Community Services’ Director. The site is located at 1143 W. 116th Street. The site is zoned S1/ Residence and partially lies within the West 116th Street Overlay Zone and the Floodplain Zone. Filed by Timothy Ochs of Ice Miller LLP, on behalf of The Lucas Living Trust. This item is Tabled to the June 25, 2018 Regular BZA meeting. 7 CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT TUESDAY, MAY 29, 2018 TABLED TO JUNE 25 - (V) 2070 W. 106th St. Privacy Wall. The applicant seeks development standards variance approval for a brick wall in the front yard: 2. Docket No. 18040009 V UDO Section 5.09.B Maximum 42-inch fence with at least 25% visibility required in the front yard, 6-ft tall solid wall proposed. The site is located at 2070 W. 106th Street. It is zoned S1/Residential. Filed by Joe Logan with Timothy Homes, LLC, on behalf of Hari & Saranya Nagireddy, owners. This item is Tabled to the June 25, 2018 Regular BZA meeting.