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HomeMy WebLinkAboutMinutes BZA 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 Page 2 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 instal 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 sout 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 sout needs identification exposure. There are 2 signs on the south elevation. Dr. Carr's sign and that of a tenant. From the east, along Medical Dr. , the sign will be visible from the north. 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 Page 3239 Variance for James B. Carr, D.D. S. , be approved. Seconded by Mr. Kett. Findings of fact were completed by members. Motion carried 3 to 2 (Mr. Davis and Mrs. Badger voting NO) . L. Public Hearings 11. 7 : 00 P.M. , Public Hearing on Docket No. V 1-87 , Developmental Stand- ards Variance for Larry Hamaker, 35 Twin Shore Court , Carmel , IN. located in R-1 zoning. Petitioner seeks approval for automatic pool 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 presentatioj for an automatic pool cover in lieu of a fence. The certified plat survey was shown and photos of the pool were presented No remonstrators were present and the public hearing closed at 8: 25. Mr. Kiphart stated that the Technical Advisory Committee recommended that the 6 ft. high fence , required by ordinance , be established. Mrs. Badger said that the ordinance regarding fences and pools should be reviewed and that perhaps it needs to be rewritten. Mrs. Badger suggested that this Board ask the Plan Commission to look into this matter. Mrs. Badger moved that Docket No. V 1-87 be approved for Larry Hamaker. Seconded by Dr. Dowell. Findings of fact were completed by members. 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 Verbarg, 905 Bristol Rd. , Indianapolis, IP 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. 31. 7 : 00 P.M. , Public Hearing on Docket No. S 2-87 , Special Use Exception for Charlotte Verbarg, 905 Bristol Rd. , Indianapolis , IN. , 46280 locat 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. Mrd'. 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 fall Staff recommends that this variance goes with is owner only. Mrs. Badger moved that Docket No. V 3-87 be granted to Charlotte Verbarg only. Seconded by Dr. Dowell. Findings of fact were completed by members. Motion carried for the Variance 5 to 0. • Mrs. Badger moved that Docket No. S 2-87 be approved with the understand- 2 19ARMEL BOARD OF ZONING APPEALS MINUTES - JANUARY 26, 1987 Page 4 ing that the maximum capacity would be 10 full time and 5 part time and thal when Mrs. Verbarg reaches the maximum number allowed that she get approval from the Hamilton County Health Dept. regarding septic approvals. Seconded by Dr. Dowell. Findings of fact were completed by members. Motion carried 5 to 0. 41. 7: 00 P.M. , Public Hearing on Docket No. V 4-87 , Developmental Stand- ards Variance for Osco Drugs (The Center) , 1390 S. Range Line Rd. , Carmel, IN. located in B-3 zoning. Petitioner seeks Variance from Sign Ordinance , Sec. 25.7 .04-1 bii: Number and type for second sign; also Sec. 25.7 . 04-1 bvi: Color and design, for interior illumination, orange letters. Filed by A. Mangano for Osco Drugs. 51. 7: 00 P.M. , Public Hearing on Docket No. S 5-87 , Special Use Exceptior for Osco Drugs, 1390 S. Range Line Rd. , Carmel, IN. located in B-3 zoning. Petitioner seeks to amend sign package in Unified Center. Filed by A. Mangano for Osco Drugs. Both items 41 and 51 were heard together. The public hearing opened at 8:42 with Alex Mangano , manager of the Design Dept. of Osco Drugs, making the presentation. Terry Doyle of Doyle Sign Company was present. The site plan and elevation drawing were shown. Mr. Mangano stated that they request 2 signs because there is visibility off of 2 streets (Range Line Rd. and 116th St. ) and they have the right to have 2 signs. Photos were presented and the signage shown. Letters in opposition from Clyde Winkler, 605 Claymont Estates Dr. , Ballwin, MO. 63011 (property owner of land abutting Osco Drug building) , and from Hook Drug Store , 1421 S. Range Line Rd. , Thomas R. Cunningham, V. Pres. , store operations , were read by Mrs. McCart and are a part of the official minutes and attached to the master copy. Mrs. Badger moved that Docket No. V 4-87 , in regard to Part A, (Sign Ordinance , Sec. 25.7 .04-1 bii: Number and type for second sign) , be approved as presented this evening and is to run only with Osco Drugs. This pertains to the second sign only- the one requested for 116th Street. Seconded by Dr. Dowell. Findings of fact -were completed by members for Part A of Docket No. V 4- Motion failed 5 to 0. Regarding Part B, Mr. Mangano stated the size of the sign to be 75 sq. ft Mr,s.. Badger moved that Docket No. 4-87 , pertaining to Part B, Sign Ordin- ance Sec . 25.7 . 04-1 bvi: Color and design of the sign facing Range Line Rd. , which is no larger than 75 sq. ft. , be approved for orange letters and in- terior illumination and is to run with Osco Drugs only. Seconded by Dr. Dowell. Findings of fact were completed by members for Part B of Docket No. V 4-8 Motion carried 4 to 1 (Dr. Dowell voting NO) . Mrs. Badger moved that Docket No. S 5-87 be approved to amend in so far a color for the main sign and the type of lighting and that it be approved for Osco Drugs only. Seconded by Mr. Davis. Findings of fact were 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 , Special Use Except- ion for John Kirk Enterprises , 12345 N. Meridian St. , Carmel, IN. located in B-3 zoning. Petitioner seeks to construct block building for storage of boats. Filed by 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/IF 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