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Carmel Board of Zoning Appeals
Hearing Officer
Tuesday, May 28, 2019 Meeting Minutes
Location: Carmel City Hall Caucus Rooms,2nd Floor, I Civic Square,Carmel,IN 46032
Hearing Officer: Mr.Alan Potasnik
Staff Present: Angie Conn,Planning Administrator
Joe Shestak,Administrative Assistant
Legal Counsel: John Molitor
Time: 5:00 p.m.
Public Hearings
(V) WestClay Fine Wine& Spirits Signage.
The applicant seeks the following development standards variance approval:
1. Docket No. 19040003 V PUD Ordinance Z-465-04,Section 18.3 Requesting a 43 sq.ft.wall sign to
face east,not towards a street frontage.The site is located at 12995 Petigru Drive, in the Village of WestClay
Uptown. It is zoned PUD/Planned Unit Development. Filed by Doug Staley Jr.of Staley Signs,Inc.on behalf of
Norma&John Reeder,owners.
Petitioner: Doug Staley Jr.:
• The location of the sign is on the west elevation of the building
• The sign is 43 sq. ft.,with flat cut out aluminum letters that are black in color
• The sign will match the signage on the east elevation of the building
• We are seeking this variance because this sign is not on a street frontage
• The west elevation is really a true front as it faces the parking lot,and the entrance to the parking lot
• The west elevation has the best visibility from 131st Street&Towne Road roundabout
• The owners are willing to trade the sign that is allowed on the south elevation
• They want to put a smaller secondary signage on the south elevation at a later date
Public Comments: None
Department Report: Angie Conn:
• They want to take what's allowed on the south side and put it on the east side
• We support the condition as stated that they can come back at a later date and put a smaller secondary signage on
the south elevation. Norma Reeder: I might do an awning type of sign for the secondary signage.
• This building sits on a corner lot so it can be seen from two street frontages- Petigru Drive&Harleston Street
• The Petitioner was notified recently that the roof top equipment will need to be screened
IBoard Comments: Alan Potasnik:
• When will the screening of the roof-top materials be done? Norma Reeder: By the end of June 2019
• Are they near exceeding the limit of the sq. ft. of the signage? Angie Conn: The VOWC is a unique development
and has their own PUD and is different than the City's Sign Ordinances. Doug Staley,Jr.: They are allowed 45
sq.ft.on the west elevation. The east elevation,if a street frontage would be allowed 45 sq. ft. and we are at 43'.
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BZA Hearing Officer Minutes 5-28-19
Approved 1-0,with Conditions: The tenant may utilize secondary signage on the South building elevation as described
• in the Village of WestClay PUD Ordinance section 18.3.B,E, F,G,and H through the standard sign permit application
process, and screening of the roof top mounted mechanical units must be done by June 30,2019.
(V)Giannini Pool.
The applicant seeks the following development standards variance approvals:
2. Docket No. 19040012 V UDO Section 5.02.C.7 Min.swimming pool setbacks of easement width plus 3'
at rear and min. 10'side required; 15' rear and 7'7"side requested.
3. Docket No. 19040013 V UDO Section 2.04 Max.35% (50%) lot cover allowed; 54% requested.
The site is located at 5961 Heaton Pass, in Chapman's Claim at Prairie View Subdivision, Section 2A,Lot 87. It
is zoned S 1-Residence/ROSO I. Filed by Marge Mikels of Pools of Fun,on behalf of Gery&April Giannini,
owners.
Petitioner: Dotty Canfield,Pools of Fun:
• We are requesting to build a 14'x24' pool
• The concrete at the back of the pool will be encroaching on the rear easement by 1'
• The pool's length will match up to the side of the home,which is encroaching 7'7"into the sideyard
• The Giannini's are removing their existing deck,and building more decking. They are keeping the existing
landscaping and trees. There's a real tight space where the pool can be placed.
Public Comments:
Kyle LoCascio,5959 Heaton Pass: We live right next door. I'm fine with their variance requests.
Department Report: Angie Conn:
• This subdivision is zoned ROSO I. It was platted under Residential Open Space Ordinance where the lots were
platted to be smaller so the overall neighborhood can have some platted open space.
• Their lot coverage has a grandfathered status of 50%and they are seeking 4%more=54%total
• The Engineering&Planning Depts.are fine with these variance approvals as long as they get their Consent to
Encroach approval from the Board of Public Works. Staff would like this as a condition of their approval.
Board Comments: Alan Potasnik:
• Are you on the agenda with the Board of Public Works? Dotty Canfield: We are not.
• Are you aware of the requirement of the Consent to Encroach(to the easement)? Dotty Canfield. We are not.
• This approval will be subject to you getting approval at the Board of Public Works. Get together with the
Department and see what exactly it is you need to file. Angie Conn: I can send the Petitioner the form.
Approved 1-0,with the Condition of the Petitioner seeking to Consent to Encroach approval from the BPW.
(V)Keller Pool.
The applicant seeks the following development standards variance approvals:
4. Docket No. 19040014 V UDO Section 2.10 Max.35% lot cover allowed,49% requested.
5. Docket No. 19040015 V UDO Section 5.02.C.7 10' min.side pool/equipment setback required,8'
requested.The site is located at 906 Auman Dr. W.,on Lot 14 of Auman's Addition. It is zoned R2/Residence.
Filed by Daniel Majestic of Perma Pools,on behalf of Michael and Kimberly Keller,owners.
Petitioner: Daniel Majestic,Perma Pools:
• We want to utilized more of the Keller's yard to accommodate an in-ground pool and pool deck
• The overall drainage will be improved
• We can direct the service runoff water to the back/southern portion of the property
• The pool equipment is the quietest in the industry
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BZA Hearing Officer Minutes 5-28-19