HomeMy WebLinkAboutMinutes BZA 06-28-21 (C4..00.1N.r �A
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Carmel Board of Zoning Appeals
Regular Meeting Minutes
Monday,June 28,2021
Location: Cannel City Hall Council Chambers,2"d Flr., 1 Civic Sq.,Carmel,IN 46032
Mem bers Present: Alan Potasnik—President
James Hawkins—Vice President
Leo Dierckman
Kent Broach
Dennis Lockwood—Alternate
Members Absent: Brad Grabow
DOCS Staff Present: Angie Conn—Planning Administrator,Lisa Motz—DOCS,Mike Hollibaugh—Director of DOCS
Legal Counsel: Paul Reis,Jon Oberlander
Time of Meeting: 6:00 PM
Approval of Minutes of Previous Meeting:
A Motion made by Dierckman and seconded by Hawkins to approve the April 26,2021 BZA meeting minutes.
Approved 4-0,recused Broach.
Communications,Bills,and Expenditures:Angie Conn:Nothing to Report.
IReports,Announcements,Legal Counsel Report,and Department Concerns:Paul Reis:
• Following this meeting,an Executive Session will take place to give an update on the ongoing litigation.
Public Hearings:
(V)The Domain at Bennett Farms Sign Variance.
The applicant seeks the following development standards variance approval:
1. Docket No.PZ-2021-00069 V UDO Section 539.D3 Prohibited Sign,Off Premise Ground Sign
requested in the median of Bennett Pkwy.
The site is located just north of 11150 N.Michigan Rd. It is zoned B3Business and Michigan Rd./US 421 Corridor
Overlay.Filed by Rachael Mcadams of Klosterman Signs on behalf of Dustin Werden with the Connor Group.
Petitioner: Dustin Werden,Connor Group:
• There are two apartment complexes that are referenced in the existing sign. There's a disproportion sizing of the
existing sign,with our info being smaller of the two.We have received feedback from our potential residents that
it is confusing where our property and leasing office is.
• There are development plans for the area where existing sign is currently placed.Once this area is developed,this
will intensify the confusion of potential residents
• We request to move our sign to the median where it's much more visible and the better location and direction of
our property
Public Comments: None
IDepartment Report: Angie Conn
• Staff is not supportive of the location of the sign. The off-premise sign is being proposed in a public street median
• The Domain at Bennett Farms is already advertised on a joint ground sign located near the SW corner of
Michigan Rd. and Bennett Pkwy along with the Reserve at Williams Glen. They are asking to remove their name
from this sign and have their own standalone sign.
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BZA Meeting Minutes 6-28-21
• The Avenue at Bennet Farm, a multi-tenant retail development,will also have a ground sign located along
Michigan Rd.
• There is already an entry sign located at the entrance of the apartment complex, located a little further west on
Bennett Pkwy. Residents that live there do not need an additional ground sign out by Michigan Rd.
• Staff has asked the Petitioner to work with the Reserve at Williams Run apartments owner to relocate the existing
joint ground sign or construct a new sign with both apartment complexes in the street median
• As being proposed, Staff recommends denial of this variance request
Board Comments:
Kent: Even though that parcel is being developed, is the existing joint sign going to stay? Angie Conn: Yes,the sign will
stay.A sign easement is in place, so it has the right to stay there.
Leo: Can Staff explain their perspective of this situation?Angie Conn: Staff believes the Petitioner can amend the
existing sign on the outlot. There's a large panel on the existing sign they can use to advertise their apartment complex.
There are too many ground signs that already or will exist in this area. Leo: Did the Petitioner make any sign
arrangements with the other apartment complex owner?Dustin Werden: The current sign is 70/30 split not in our favor
in terms of square footage. If this variance is approved,we have every intention of vacating our signage on the existing
ground sign, so we won't be duplicating our sign. Leo:For the sign you want to place,the City is saying to allow other
names on the sign,and you don't want to do that?Angie Conn: They do not want to share their sign with others.Leo: I
would like to see them work something out with other apartment complex as Staff suggested.Angie Conn: For Legal
Counsel,can this variance be approved with the condition they do share the sign equally with the Reserve at Williams
Run apartments?Paul Reis: Yes,you can make that condition.
Jim: The Department Report listed five outstanding items.Could this still be approved?Angie Conn: Yes,those
outstanding items can be handled by the Sign Administrator,through the sign permitting process.
Leo: So, Staff would be favorably towards this variance if they would equally share their new sign?Angie Conn: Staff's
preference is to keep the existing ground sign on the outlot,but we do see this as a viable option if they do share the
allowed sq. ft.with the other apartment complex.Alan: If they agree to this,would the new sign be the same size as the
existing sign?Angie: We would have to work this out with our Sign Administrator. The sign could be potentially bigger
since they are sharing an equally amount of space with the other apartment complex.
A Motion made by Dierckman and seconded by Hawkins to Approve PZ-2021-00069 V with the Conditions:
1. The Reserve at William's Glen is equally represented on the new sign (and the existing shared ground sign
is removed),and
2. The Planning&Zoning Dept.(DOCS)must approve the final sign design (before a sign permit is issued).
Approved 5-0.
(V)Don Rigo Mexican Restaurant at Legacy Variances.
The applicant seeks the following development standards variance approvals:
2. Docket No.PZ-2021-00100 V PUD Section 16& UDO Section 5.39.H.2.b 2 wall signs allowed,3
requested.
3. Docket No.PZ-2021-00105 V PUD Exhibit 10 Maximum 15' building setback allowed,30'
requested.
4. Docket No.PZ-2021-00106 V UDO Section 5.28.0 77 parking spaces required,70 requested.
The site is located at 7299 E. 146th St. It is zoned Legacy PUD/Planned Unit Development(Z-501-07).Filed by
William T.Niemier,attorney for Don Rigo Properties,LLC.
Petitioner: Bill Niemier,attorney:
• With me tonight are the Don Rigo owners,Alfredo Menendez,and Raphael Gonzalez
• Presented the south and west elevations and orientation of the building off of 146`h Street. Our building is oriented
to the west,with the entrance facing the west. The north faces 146th St.,and south faces Hopewell Pkwy.
• We are requesting to building wall signs on the north,west,and south elevations
• The reason we are requesting the 3`d sign(on west)is to identify the main entrance to our customers
• Staff suggested to put decals on the entrance windows. These windows don't lend themselves to advertising.
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BZA Meeting Minutes 6-28-21
• If not approved as proposed,we would propose a compromise to have the lettering on the signage to be reduced to
from 35"to 24"
• We are requesting a 30' setback,where 15' is required.There's an existing 30' utility easement located all along
Hopewell Pkwy. If not allowed,we would be putting the building directly on the utility easement.
• We are requesting 70 parking spaces,where 77 spaces are required. We have reciprocal parking rights with the
adjoining property.
• If approved,construction could approximately begin by August 18t,2021
• Thank you to the Staff for all their help to make this project better than it started.
Public Comments: None
Department Report: Angie Conn:
• Staff is in support of the building setback and parking variances,but still recommend negative recommendation
for the 3rd sign on the west elevation
• Instead of a wall sign on the west elevation,the Petitioner should consider instead utilizing exempt window
signage or if the wall sign can be brought down to 3 sq. ft.(1'tall letters)it could be considered an exempt sign
Board Comments:
Alan: If the 3rd wall sign is 3 sq. ft.or less,then it is exempt from the ordinance and it could be placed.Angie Conn: Yes.
Dennis: What will the signage look like on the North Elevation? Bill Niemier:Presented the north elevation
Leo: I would propose to table this matter until this is heard by the Plan Commission Commercial Committee.I don't agree
with the placement of the parking lot,and placement of the signs. The Plan Commission needs to hash out these details.
Angie Conn: Planning Staff directed the Petitioner to orientate the building layout towards Hopewell Pkwy,with parking
in the rear,along 146th Street. The idea was to create a more walkable approach along Hopewell Pkwy for the Legacy
residents. Leo: I just hate to see this much parking along 146th Street. Angie Conn: The future building directly adjacent
Ito the east will also be oriented(pulled forward)towards Hopewell Pkwy.
A Motion by Dierckman to table PZ-2021-00100 V,00105 V,and 00106 V until next month's meeting. There was no
second of the motion, the motion is denied.
Jim: In order to have a sign on the front door entrance,can you re-orientate the building to the south or north?Bill
Niemier: In order to be consistent to the adjacent developments,we realigned our buildings closer to Hopewell Pkwy.
Alan: Are the signs on the north and south elevations identical?Bill Niemier: Presented elevations, yes,they will have
the Don Rigo in red,and Mexican Cuisine in green. The variance is just for a Don Rigo sign on the west elevation.
Jim: I would like to make a motion for approval of all three variances.Kent: I would like to amend the motion with the
condition the wall sign letterings would not exceed 2'.How does Staff feel about this compromise?Angie Conn: Staff
still recommends denial of the 3rd sign.Kent: If the lettering was 1',then it would be exempt?Angie Conn:A total of 3
sq. ft. sign,for example a 1'x 3' sign would be exempt.A sign with 1' lettering would look small on the given space.
A Motion by Hawkins and seconded by Broach to approve PZ-2021-00100 V,PZ-2021-00105 V and PZ-2021-00106
V,with the condition of 24"in height of the lettering for the 3'd sign.
• PZ-2021-00100 Denied 2-3,Dierckman,Lockwood,Potasnik.
• PZ-2021-00105 Approved 4-1,Dierckman.
• PZ-2021-00106 Approved 4-1,Dierckman.
IMeeting 'o r ed at 7:00 p.m.
712-e—L------- kj 16&- InA-50-4-
Alan Po ik-President Lisa Motz-Recording Secre
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BZA Meeting Minutes 6-28-21