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HomeMy WebLinkAbout06-24-19City of Carmel 1 6-24-19 BZA Meeting Minutes Carmel Board of Zoning Appeals Regular Meeting Minutes Monday, June 24, 2019 Location: Carmel City Hall Chambers Room, 2nd Floor, 1 Civic Square, Carmel, IN 46032 Members Present: Alan Potasnik - President Brad Grabow - Vice President Leo Dierckman Susan Westermeier - Alternate Dennis Lockwood - Alternate Members Absent: Kent Broach Jim Hawkins Staff Present: Angie Conn Mike Hollibaugh Joe Shestak Legal Counsel: John Molitor Time of Meeting: 6:00 PM Approval of Minutes of Previous Meetings:  On a Motion made by Brad and seconded by Leo to approve the minutes from the May 28th, 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 Public Hearings: (CA) East 96th Street Auto Park Commitment Amendment. The applicant seeks the following approval: 1. Docket No. 19050005 CA Request to modify existing commitments as it relates to the south half of Block A and to Lot 3, within the East 96th Street Auto Park Subdivision. The site is located at approximately 4600/4620 E. 96th Street. It is zoned B3/Business and SFHA/Special Flood Hazard Area. Filed by Napleton Kia of Carmel and Wood Auto Park, LLC. Petitioner: Jim Shinaver, Attorney for Nelson & Frankenberg, LLC  These original zoning commitments were associated with the BZA SU approval granted in June 2000  With me tonight is Susan DeYoung, Napleton Kia’s Regional Controller  There are two applicants associated with this request. I’m representing Napleton Kia’s request and Paul Reis is here to represent the other applicant, Wood Auto Park, LLC request  Presented an aerial photo from 2000, this photo shows the border of the 40 acres that were subject of the original commitments  Presented a current aerial photo, this photo shows how the 40 acres developed over time 2 6-24-19 BZA Meeting Minutes  Napleton is seeking an amendment of the original commitments to develop a KIA car dealership on this site  The commitment amendment they are seeking still includes the other zoning commitments that were contained in the original 2000 commitments, including the limitations on the hours of operation, regulating outdoor loud speakers, prohibition on testing driving vehicles through Williamson Run subdivision, regulation flag poles, banners, and promotional items, and additional landscape buffer requirements along the north portion of this site.  Napleton filed for applications with the PC for DP/ADLS review, and will be heard at the July 16, PC meeting  It is zoned B-3 which allows car dealerships on this property Paul Reis, Attorney for Krieg Devault  Presented an aerial photo, this wooded triangle parcel is currently open space  The original commitments stated that this area would remain as open space and only used for green space  The Wood Auto Group asked the property owners listed in the commitments if they would be willing to release that restriction from this triangular parcel. These owners said they would release that restriction.  The release of this restriction is only to the effective for the people who are the signatories on the original commitments  We are proposing a separate commitment. The Wood Auto Park will record these commitments.  The commitments will run with the land. They state nothing will happen on this parcel until we get approval from all parties involved  We want to allow the original signatories to agree to release their restrictions against this Jim Shinaver  We have received a support letter from the Williamson Run HOA  This proposed use is consistent with the existing uses within this area Public Comments: None Department Report: Angie Conn  Staff is comfortable with this commitment amendment proposal  The BZA will still have the authority to govern over the triangle parcel  We received a letter of support from the Williamson Run HOA  We recommend positive consideration with the two sets of commitments. We would like both sets of the commitments executed, recorded, and copies provided to Staff within 30 days Board Comments: None A Motion by Brad and seconded by Leo to approve Docket No. 19050005 CA Approved 5-0 (V) 241 1st Ave SE – Thomas Residence. The applicant seeks the following development standards variance approvals for a new house: 2. Docket No. 19050006 V UDO Section 3.64.C.1.b Max. 55-ft house width allowed; 64-ft requested. 3. Docket No. 19050007 V UDO Section 3.64.C.3.d Maximum 90-ft lot width allowed; 132-ft requested. The site is located at 241 First Avenue SE, on Lots 6-7 of John Phelps’ Addition. It is zoned R3/Residence and Old Town Overlay, Character Subarea. Filed by Samuel Swafford of Faegre Baker Daniels, on behalf of Jim Thomas, owner. Petitioner: Jim Thomas:  With me tonight are my wife, and Samuel Swafford  There’s an existing structure at 241 1st Ave SE that home is going to be moved to another location  This existing home has been approved by the BZA Hearing Officer to be moved and placed as a guest home at 5501 E. Main Street  This home is a historic home and is not allowed to be demoed  Our future intention is to combine the two lots into one lot  The new primary structure fits in the 55’ allowed width, but the screen-in porch makes the width 64’ Public Comments: None Department Report:Angie Conn • We appreciate the home owners working with us to build the new house in the same location as the existing house • Even with the greater width of the home, it still looks like one single family home • We recommend positive consideration of both variances Board Comments: Dennis: In an event down the road, if the current or future homeowner decides to build a house on the northern lot, is there going to be room to do that? Or with the lots being combined, does that exclude any future development on that lot? Jim Thomas: It would be our intention to replot the lots into a single, 132' wide lot. We want to keep it as an existing single family home,as it is today. A Motion by Leo and seconded by Sue to approve Docket Nos. 19050006-7 V Approved 5-0 Meeting adjourned at 6:29 p.m. Alan Potas — resident J Shestak—Recording Secretary 3 6-24-19 BZA Meeting Minutes