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HomeMy WebLinkAbout05-28-19 / /.j OF CAR =saiiiCity of C i iR To�l�'(W �NDIANp Carmel Board of Zoning Appeals Regular Meeting Minutes Tuesday, May 28, 2019 Location: Cannel City Hall Chambers Room,2'Floor, 1 Civic Square,Cannel, IN 46032 Members Present: Kent Broach Leo Dierckman Brad Grabow Jim Hawkins Alan Potasnik Staff Present: Angie Conn Mike Hollibaugh Joe Shestak Legal Counsel: John Molitor Time of Meeting: 6:00 PM 111 Approval of Minutes of Previous Meetings: ii • On a Motion made by Jim and seconded by Brad to approve the minutes from the March 25,2019 BZA Meeting Approve 5-0 Reports,Announcements,and Legal Counsel Report:John Molitor • A BZA Executive Session will be held immediately following the conclusion of this BZA meeting • The Indiana State Legislature did not pass any laws that will affect the BZA Public Hearings: Alan Potasnik: Stated the Rules of Procedure for a Public Hearing. Three people raised their hands to speak about this petition. Mr. Potasnik stated each individual will have 5 minutes each to speak. (V) Thorne Commercial Vehicle. The applicant seeks the following development standards variance approval: 1. Docket No. 19040004 V UDO Section 5.27 Commercial vehicles shall be parked/stored in a garage or carport that complies; Truck parked on driveway requested. The site is located at 12022 Pebblebrook Ln. in Northwood Hills,Lot 122. It is zoned SI/Residence. Filed by Todd&Diane Thorne,owners. Petitioner: Andrew Wert,Land Use Professional at Church, Church,Hittle&Antrim Law Firm: • Todd Thorne has owned a Macro Tools franchise for 12 years. 9 of those years,he has resided at this location. • This franchise involves a take home vehicle that is a 29' long box truck • The owner treats this truck as his office • Todd leaves with the truck in the morning and returns home with the truck in the evening • The truck has always been parked outdoors • Violation notice of the parked truck was issued recently by the City of Cannel 1 5-25-19 BZA Meeting Minutes • Northwood subdivision was developed in the 60's with large lots and mature trees • We have received letters of support from the neighbors • Just one of the next door neighbors is against this variance and we believe we have addressed most of their issues • Todd has installed a switch to disarm the truck backup beeping sound • Presented an aerial of the subject property to show where the truck is parked on the driveway • The subject house is setback 95' from the ROW. The truck is parked 110' from the edge of the street. • We have identified places for screening using landscape and fencing • We can place a privacy fence along the adjacent neighbors property,the Williams' who are against this variance • We distributed our list of proposed Commitments to the Board members at tonight's meeting. 1.Variance is for the Petitioner only and will not run with the land. 2.Installation of privacy fencing. 3. Installation of arborvitae plantings.4. Back-up alarm to be switched off in the Northwood subdivision. • Staffs recommended to approve this request with the condition the truck would be enclosed in a carport or garage • Showed photos of carports. Carports are more functional than beauty. We don't think carports would be consistent with the aesthetics of this neighborhood. • To build a garage,the cost would be a minimum of$30,000 for a very basic structure and they can't afford this • Vehicle maintenance on this truck will not occur at this location and is taking to a professional off-site • We truly believe we have a hardship • My clients were not aware of the Ordinance when they bought their home 9 years ago • We ask that Todd can continue to utilize his property the way he has the last 9 years • He plans to retire in the near future and the truck would be gone from the property Public Comments: Terry Huff: I do not live by the Thorne's but I'm related to them. I'm in favor of this variance. They have put a lot of improvements to their home inside and out. Whatever you put on this lot to hide the truck, it will not enhance the view. This neighborhood has a lot of mature trees. I don't understand how the next door neighbors can see the truck as it is parked on the driveway. Mr. Thorne is being a business man trying to conduct his business with this truck. Jeanette Williams, 12340 Pebblebrook Lane: We have lived next door to the subject property for 41 years. The Petitioner has not contacted us to date. If they have,maybe we could have worked something out. This Code Violation of the parked truck became to our attention on March 25 (2018)after we contacted the City of Cannel to report weeks of bright lights shining on the truck,and a second new truck parked on the Petitioner's driveway. The new truck is larger and weighs 26,000 lbs. It is not the sole transportation of the Petitioner and is not parked in a garage. The safety for our grandchildren and other neighborhood children is a major concern because of the backing up procedure done by the Petitioner and UPS deliveries. The Petitioner's pictures are misleading by showing their older, smaller truck. One neighbor stated in a letter that there are other commercial trucks parked in the neighborhood. We did not find any other large trucks parked in a driveway in our neighborhood. We have concerns on any landscaping or fencing in attempts for screening and where would they be placed due to the low elevation between our properties. Our enjoyment has been greatly affected by looking at this billboard(truck)for the last 9 years. We want our property value to be protected. Erika Woods, 12012 Pebblebrook Lane: I live next door. It seems like there are personality conflicts between these two neighbors.The Thorne's have improved the property. This truck has never bothered me. I believe there should be humanity involved. It's Todd's livelihood and he has to make a living. It's so sad they can't come to an agreement. Rebuttal to Public Comments: Andrew Wert • The bright lights shinning on the truck was a malfunctioning motion detector, and that has been fixed • All the backing up on the driveway occurs on the Petitioner's property • Partial view of the truck will be screened by the fence and plantings • Todd is the only employee and will only own one commercial truck Department Report: Angie Conn • The Ordinance requires the truck to be less than%of ton. The subject truck is about 13 tons. • The Ordinance requires it to be the sole vehicle and to be parked in a garage • Code Enforcement received a complaint from a neighbor • Usually complaints like this are resolved by the owner moving the truck to another location 2 5-25-19 BZA Minutes • We have concerns with the side and shared property lines. Privacy fences can only be 6'tall. • We have concerns of this heavier truck with the wear and tear on the neighborhood streets • The Home Occupation Regulations state one can't alter or change the residential character of their house • Staff supports this Variance request but the truck needs to be enclosed in a structure • In their proposed commitments,is it constitutional to have this Variance run with the land or to the Petitioner only? John Molitor: Their proposed commitment#1 is not allowed in Indiana. The case law states the Variance cannot be limited to the Petitioner, and it has to run with the land. The Board can grant the Variance for a term of years. If the home owner is expected to retire at some point in time,you can ask how many years is that. Board Comments: Leo: How long is the Petitioner plan to be working in this line of business? Todd Thorne: Approximately 8 years. Kent: What are the materials of the proposed fence? Todd Thorne: It will be a wooden fence on the William's side of the property. It can only be 6' tall. Jim: What's the purpose of the plantings? Todd Thorne: We would plant these closer to the driveway to provide the additional height needed to screen the truck from the neighbor. Jim: Have you sold the other truck? Todd Thorne: The other truck is in storage and it's for sale. It will not come back to my property. Jim: One truck is enough,but two trucks is a problem. Todd: Thorne: The other truck is older,and I was trying to keep my business going by using the new truck. Brad: Can you have your truck to be parked aligned to the building line of your home? Todd Thorne: Yes,I can park it toward the front and side of the garage. The Williams wouldn't be able to see it from their backyard. Brad: Are you willing to make that a commitment of this Variance? Todd Thorne: Yes,I can commit to that. IAlan: Do you have any other physical address of business? Todd Thorne: This is my only address. Alan: Is your home your business? Todd Thorne: I don't conduct any business in my home. I just park my truck there. Alan: Can you park it elsewhere? Todd: I do not have anywhere else to park it. It would require me to drive my other car to get it. Alan: Is this considered a Home Occupation? Angie: No,this falls under the Commercial Vehicle Standards in the UDO. A hair salon would be considered a Home Occupation. It's where the person conducts the business inside their house,with different clients coming to the house every day. Leo: What's the weight of the truck? Todd Thorne: 26,000 lbs. is shown on the license plate. Leo: Do you know the manufacturer's weight? Todd Thorne: I do not. Brad: The gross vehicle weight is the weight capacity of the truck and the not the actual weight of the truck. Alan: What's the length of the truck? Todd Thorne: 29'6"in length,and 10'4"in height. On a Motion made by Leo and seconded by Jim to approve Docket No. 19040004 V with the proposed Commitments as listed,and an 8 year term. Denied 3-2,Grabow,Hawkins John Molitor: I would ask the Board to delegate the negative Findings of Fact to me. Alan: So moved. Meeting adjourned at 6:38 p.m. 34/i2 Alan Potasni —President J hestak—Recording Secretary 3 5-25-19 BZA Minutes