HomeMy WebLinkAboutBZA 01-25-21City of Carmel
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Board of Zoning Appeals Minutes 1-25-21
Carmel Board of Zoning Appeals
Regular Meeting Minutes
Monday, January 25, 2021
Location: Virtually via Zoom
Members Present: Alan Potasnik - President
Kent Broach
Brad Grabow
James Hawkins – Vice President
Leo Dierckman
Staff Present: Angie Conn
Joe Shestak
Legal Counsel: Paul Reis
Jon Oberlander
Time of Meeting: 6:00 PM
Communications, Bills, and Expenditures:
Declaration of Quorum, Swearing-in of Members, and Officer Elections
1. Swearing-in of New Members - None
2. Election of President – A Motion by Dierckman and seconded by Hawkins to elect Potasnik. Approved 5-0.
3. Election of Vice President – A Motion by Dierckman and seconded by Grabow to elect Hawkins. Approved 5-0.
Approval of Minutes of Previous Meeting:
A Motion made by Hawkins and seconded by Dierckman to approve the minutes from November 23, 2020 BZA Meeting.
Approved 5-0.
Communications, Bills, and Expenditures:
1. New BZA Legal Counsel Introduction – Paul Reis. Mr. Reis: I’m glad to be here. Jon Oberlander of Carmel City
Legal Department will also be working with me as the BZA legal counsel.
Reports, Announcements, Legal Counsel Report, and Department Concerns: Angie Conn
1. Request to suspend BZA Rules of Procedure for Griggs In-Home Daycare regarding legal ad timing.
A Motion made by Broach and seconded by Dierckman to suspend the Rules of Procedure. Approve 5-0.
2. Request to suspend BZA Rules of Procedure for the G.O.A.T. regarding legal ad timing.
A Motion made by Grabow and seconded by Dierckman to suspend the BZA Rules of Procedure for the G.O.A.T.
UV, V petitions regarding their legal ad timing. Denied 4-0. Broach recused. The Petitioner will need to publish an
updated/correct legal ad for the February 22, 2021 BZA public hearing.
Public Hearings:
TABLED TO MAR. 22 - (SE) Kedanis Short Term Residential Rental (Appeal).
The applicant seeks the following special exception approval for a STRR unit:
1. Docket No. PZ-2020-00120 SE UDO Section 2.09 Permitted Uses, Residential Special Exception.
The site is located at 131 Beechmont Dr. (Lot 72 in Harrowgate Subdivision.) It is zoned R2/Residence. Filed by
Karen (Lukovic) Kedanis, owner.
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Board of Zoning Appeals Minutes 1-25-21
TABLED TO FEB. 22 - (A) Appeal, 130 1st Ave NW Demolition Request.
The applicant seeks to appeal the Director’s denial of a demolition request:
2. Docket No. PZ-2020-00169 A UDO Section 3.61.B No Character Building, or any part of it, may
be demolished in the Old Town Overlay District without the consent of the Director of Community
Services. The site is located at 130 1st Ave NW. It is zoned R4/Residence and Old Town Overlay, Character
Subarea. Filed by John Hefton of Old Town Design Group.
(UV) Griggs In -Home Daycare.
The applicant seeks the following use variance approval:
3. Docket No. PZ -2020-00187 UV UDO Section 2.11 Permitted Uses, Use Variance requested for a
Day Care / Day Nursery. The site is located at 10416 Cornell Ave. (Lot 54 Home Place Subdivision.) It is
zoned R3/Residence. Filed by Ms. Peyton Griggs, owner.
Petitioner: Peyton Griggs:
• I am the owner of Playful Minds Daycare and we are trying to relocate this in-home daycare and my family’s
residence at the subject site – 10416 Cornell Ave
• I’ve operated this daycare for 3 years in the Indianapolis area
• Maximum of 12 children, and 2 employees, counting myself
• We have received positive feedback from our neighbors
• There’s plenty of room in the driveway for parents to park during drop-off and pick-up
• We have planned for smooth and quick drop-off and pick-up
• We have advised all parents that Cornell Ave is a one-way street and to use the driveway for parking
• We had discussions with the adjacent neighbor to the south and they said we can use their driveway if needed.
Public Comments: None
Department Report: Angie Conn:
• The Petitioner is requesting a UV because they cannot meet one standard of the home occupation standards of
the UDO, which requires a maximum of 15% of the floor area can be used for the home occupation
• The Technical Advisory Committee (TAC) did review this petition
• We ask the Petitioner to plant one shade tree in the front yard as a recommendation from the City Forester
• Staff recommends positive consideration of the UV request with the condition the Petitioner plants one tree
Board Comments:
Alan: Did the petitioner recently move to the subject site? Peyton Griggs: Yes. Alan: Does the Petitioner currently
use the subject site for a daycare? Peyton Griggs: No. Alan: How many children are currently enrolled in the
daycare? Peyton Griggs: Currently we have 10 children, including my son, and we are looking to have 2 more
children enrolled at our new location. Alan: Is there a U-turn for the parents to use for drop-off and pickup? Will the
parents have to backout of your driveway to leave the premises? Does stacking in the driveway occur? Peyton
Griggs: Parents do have backout of the driveway, just like anyone else who is leaving their home on Cornell Ave. We
stagger our drop-off and pick-up schedules. No stacking of the cars will occur. We have not experienced any
congestion at our current daycare site since we have scheduled our drop-offs and pick-ups. Alan: Is there a fence in
the backyard? Peyton Griggs: The children are only allowed to play in the backyard, and it is fenced in. We have not
received any noise complaints at our current location.
Jim: Do you own the house? Is this your primary residence? Peyton Griggs: Yes, we own the house on Cornell Ave.
It will be our primary house once we get the approval from the BZA.
A Motion by Hawkins and seconded by Dierckman to approve PZ-2020-00187 UV with the Condition that the
Petitioner plants one shade tree in the front yard.
Approved 5-0.
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Board of Zoning Appeals Minutes 1-25-21
WITHDRAWN - (SU) Shrout Family Chiropractic Office.
The applicant seeks the following special use approval:
4. Docket No. PZ -2020-00196 SU UDO Section 2.03: Permitted Uses, Office Special Use (Clinic or
Medical Health Center). The site is located at 5501 E. Main Street, east of Mark Badger Fields and west of
Northview Christian Church. It is zoned S1/Residence. Filed by Melissa and Derek Shrout.
(UV) Rita’s Ice and Custard.
The applicant seeks the following use variance approval:
5. Docket No. PZ -2020-00222 UV UDO Section 2.35: Permitted Uses, Use Variance requested for
Restaurant with Walk Up window. The site is located at 110 W. Main Street Suite #127, in Sophia Square. It is
zoned C2/Mixed Use. Filed by Steve Wilkos, owner.
Petitioner: Steve Wilkos:
• We are looking to start a new business in Sophia Square
• Requesting for a pickup window and this will allow us to keep our employees and customers safe
• We will have a cold box by the window so third-party delivery services can access it
• The trend for customers is to have less contact and a fast pickup option
• No food will be served on site, just custard and Italian ice
Public Comments:
Joe Shestak, BZA Admin: One letter of support was submitted by the landlord of the subject property. The letter of
support can be viewed in Laserfiche.
Department Report: Angie Conn:
• A walk-up window is currently not permitted in our Ordinance for the C2/Mixed Use zoning district
• Staff recommends approval of this UV request
Board Comments:
Brad: What is the width of the sidewalk that is located in front of your business? Steve Wilkos: I do not have that
information right now, but I can provide that to you later. Staff presented a street view of the subject site. Brad: My
concern is that people will line up at this window and block the oncoming pedestrian traffic. I would ask you to have
customers line up parallel to the building and commit to have some sort of rope or barrier. Steve Wilkos: There’s a
good amount space along the building. I will commit to providing some sort of barrier and having the line of
customers line up along the building.
Leo: Do you enter your establishment to place your order and then go to the window to pick it up? Steve Wilkos:
This is not our primary way to serve our customers. They are allowed inside our business and order. The window is
for people placing orders online and through the app, or a third venue such as Uber Eats will pick up their orders at
the window. About 25% of our business will occur through the window. Leo: Is this UV request have a time-limit or
is your request permanent? Steve Wilkos: Permanent. Leo: I do have concerns about having foot traffic jams, and I
don’t think a walk-up window is right for this area of Carmel. I think we need more mobility in this area especially
during the large public events that occur in the downtown area.
A Motion by Grabow and seconded by Broach to approve PZ-2020-00222 UV with the Condition that the
Petitioner will have a crowd control line rope/barrier and stanchions in place when a line forms on the
sidewalk so that pedestrian traffic is not obstructed. Approved 4-1, Dierckman.
TABLED TO FEB. 22 - (UV, DSV) The GOAT Restaurant and Tavern.
The applicant seeks the following use variance and development standards variance approvals:
6. Docket No. PZ -2020-00229 UV UDO Sections 3.56 and 2.09 Permitted Uses, Use Variance
requested for a Restaurant/Tavern/Bar.
7. Docket No. PZ -2020-00230 V UDO Section 3.64.A.1.C Lot Cover Max. 45% (for residential use) and
70% (for all other uses) allowed, 100% requested.
8. Docket No. PZ -2020-00233 V UDO Sections 3.64.A.6 and 5.09 Side/rear yard fence height exceeding
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Board of Zoning Appeals Minutes 1-25-21
6-ft, 8-ft requested.
9. Docket No. PZ -2020-00234 V UDO Section 3.64.A.9.a Parking in front yard not allowed, Parking in
front yard requested.
10. Docket No. PZ -2020-00235 V UDO Section 3.65.A.3.a Little to no grass and landscaping requested.
11. Docket No. PZ -2020-00237 V UDO Section 3.64.A.6 Lighting Type & Height.
12. Docket No. PZ-2020-00238 V UDO Section 1.07.E & F Compliance with the Transportation Plan
required, Reduced street width and no sidewalk requested.
13. Docket No. PZ -2020-00240 V UDO Sections 3.64.A.9.c & 5.30 35 vehicle parking spaces required, 6
provided on site.
14. Docket No. PZ -2020-00242 V UDO Section 5.39.H.5 Ground sign type prohibited on residential structures
converted to commercial use, 2 proposed.
15. Docket No. PZ -2020-00243 V UDO Section 5.39.H.2 2 Signs allowed, 4 total requested.
The site is located at 220 2nd St. SW (former Bub’s Café site). It is zoned R2/Residence and Old Town Overlay,
Character Subarea (Lot 1 in Frank E Hawkins Addition). Filed by Kevin Paul, on behalf of Tomahawk Holdings
LLC.
Old Business:
Leo: Can we discuss a previous case that was heard in front of the BZA, Lucas Estates? We turned down their petition to
host parties and it was never enforced. I don’t want to get the BZA in another situation where we give our decisions and
not have the City enforce them. Lucas Estate is continuing to host weddings and parties. The courts were even involved.
Why is the City not enforcing our BZA decision? We need to come up with ways to ensure the City will enforce our
decisions and I will ask BZA legal counsel to come up with ways in how they will enforce our decisions. We need to
involve the City Police and have them go on record in how they will enforce our decisions. Paul Reis: The City still has
active ligation on this case so we cannot comment on this case right now. I appreciate your comments and I will work
with City Legal in coming up with better ways to enforce the BZA’s decisions. Alan: I appreciate Leo bringing this up.
This situation is very frustrating. The Petitioner’s Attorney for Lucas Estates was very disrespectful to the BZA’s
decisions and diminish all of our requests. If enforceability ever becomes an issue for the BZA, we need to involve all
City departments that will help us enforce our zoning ordinances. Leo: We should have the Petitioner pay for the
monitoring of this enforcement. Jim: Can the BZA establish fines? Paul Reis: I will look into the City Code in
establishing fines.
Meeting adjourned at 6:51 p.m.
______________________________ ______________________________
Alan Potasnik – President Joe Shestak – Recording Secretary