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HomeMy WebLinkAboutMinutes BZA 07-28-97 CARMEL/CLAY BOARD OF ZONING APPEALS C,aRMEUCLAY JULY 28, 1997 PL7 COMMISSIC'J/BZA UNOFFICIAL MINUTES The regularly scheduled meeting of the Carmel/Clay Board of Zoning Appeals was brought to order by the President at approximately 7:00 PM in City Court Chambers, Carmel, Indiana. Members present were: Dick Klar, Alan Klineman, Charles Weinkauf, James Quinn. Mark Monroe, Terry Jones, and Steve Engelking were present representing the Department of Community Services; John Molitor, Counsel, was also present. The minutes of the previous meeting were approved as submitted. G. Reports, Announcements and Staff Concerns a). Mark Monroe reported that item 13h. Parkwood Crossing Office Complex was tabled by the petitioner. H. PUBLIC HEARING: NOTE: Items lh. and 2h. were heard together but voted separately. lh. Cellular One Tower(UV-30-97) Petitioner seeks Special Use permit approval to construct a communication tower. The site is located at 750 East 106th Street (just east and north of the intersection of 196th Street and College Avenue). The site is zoned B-2/business. Filed by Jim Buddenbaum of Parr Richey Obremskey & Morton. 2h. Cellular One Tower (A-33-97) Petitioner is appealing the decision of the Director of the Department of Community Services. The Department has determined that the proposed tower is neither a permitted use nor a special use within this zoning district. The site is located at 750 East 106th Street (just east and north of the intersection of 106th Street and College Avenue). The site is zoned B-2/business. Filed by Jim Buddenbaum of Parr Richey Obremskey& Morton. Mr. Buddenbaum on behalf of Westell Indianapolis Company and Jeff Kellerman, project manager for Cellular One, appeared before the Board seeking to build a Cellular Tower at the above mentioned location. It was requested by Mr. Buddenbaum that (UV-30-97) be treated as a Special Use Variance and item 2h. Cellular One Tower(A-33-97) would be absconded. Item 2h. was therefore withdrawn by the petitioner and it was moved to change UV-30-97 to SU-30-97. Mr. Buddenbaum is proposing an 80 foot monopole communication structure for Cellular use. The tower would be built to 80 feet with the ability to build an additional four towers on top of the existing tower for other interested providers. The proposed site would be purchased by Cellular One and not leased. Based on the areas in which they could locate the tower, this area was the most desirable area that fit the community as well as the engineering requirements for cellular one. There were no other towers in the area that could by used by Cellular One. The Sheriff s's department and Fire department are potentially interested in using the tower for their own communications equipment and safety communications. The petitioner stated that the site will require minimal amount of utilities. A telecommunications link and a electric attachment will be needed. The site will be visited by maintenance personnel once a month. A parking area is proposed for the use of the seller on either the front or the back of the property . The petitioner reported that the project includes a landscape plan which includes a 5 foot Arborvitae screen around the perimeter of the tower and four, 2 1/2 inch trees to be located on four corners of the property. Members of the public were invited to speak in favor or opposition to the proposed project; none appeared and the public hearing was closed. James Quinn was concerned of the negative impact the tower may have property values; Jim Buddenbaum responded that there was no evidence of declining property values from the installation of a communications tower and that the benefit would be provided by a needed infrastructure for commercial mobile communications. Alan Klineman was concerned that the findings of fact did not provide adequate evidence. Jim Buddenbaum reiterated the benefit of mobile communications. Alan Klineman was also concerned about the parking area which was proposed but not indicated on the layout and what types of vehicles would be using it. Mr. Buddenbaum responded that the parking would be used for employee parking only and the parking lot layout would conform to DOCS Guidelines. Dick Klar asked to confirm the fence height and the placement of the landscape trees. Mr. Buddenbaum replied the fence would be a 6-foot chain-link fence with two feet of barbed wire on top. The deciduous trees will be fairly close to the fence, however they should have room to grow. Charles Weinkauf was concerned with the findings of fact. In particular the statement that this s:Ibzalminutes11997.ju1 2 special use will have a positive effect on the properties and will not adversely affect surrounding property values. Mr. Buddenbaum again stated that he has never been presented with information stating that decreased property values would result from the building of a cellular tower. Charles also inquired to legal council if the new ordinance have any height limitations of this type. John Molitor responded that for this area a 140 foot tower was allowed. James Quinn asked if the Cellular system was a line of site system. Jeff Kellerman stated that the cellular system is similar to radio which emits it waves radially rather than point to point as does a satellite. Alan Klineman noted that the tower ordinance section 25.13.1 requires written commitments be submitted to the board. Mr. Buddenbaum responded that he had written commitments in the form of a letter, however not in the form of recordable commitments as requested in the ordinance. Mark Monroe reported that the petitioner has been through Technical Advisory Committee and has complied with all ordinance requirements, except for one. There is a proposed accessory building that is in violation with a setback requirement. The building would need to be moved at least five feet from any lot line. Pending the correction of the setbeck requirement and the filing the written commitments, the department recommends approval as submitted. Alan Klineman suggested the wording of part two of the findings of fact to read as; "The special use will have a cost benefit effect to the community and no evidence was presented that the special use will adversely affect the property values. The site is located in a heavily commercialized area " Mr. Buddenbaum agreed to the revision. Approval is conditional upon the submittal of the written commitments for review, the amendment of the findings of fact and the collaboration with the DOCS staff for the establishment of the parking lot. Alan Klineman moved for the approval of Docket No. SU-30-97, CELLULAR ONE TOWER, seconded by Dick Klar. The vote was three in favor, one opposed (James Quinn), MOTION APPROVED. 3h. Prairie View Subdivision (V-45-97) Petitioner seeks a variance of Section 33.4.05 of the CarmeUClay Zoning Ordinance to reduce the required minimum aggregate side yard setback from 20 feet to 15 feet for the lots contained in the Moffitt Farm at Prairie View and Chapman's Claim at Prairie View Subdivisions. The site is located at the northwest and southeast corners of 131 st Street and River Road. The site is zoned S-1/residence and is a Residential Open Space Subdivision. Filed by James Nelson of Nelson and Frankenburger on behalf of Brenwick Development. s:l bza wunutes'199 7.u! 3 4h. Prairie View Subdivision (V46-97) Petitioner seeks a variance of Section 33.4.05 of the Carmel/Clay Zoning Ordinance to reduce the required side yard setback from 10 feet to 7.5 feet for the lots contained in the Moffitt Farm at Prairie View and Chapman's Claim at Prairie View Subdivisions. The site is located at the northeast and southeast corners of 131 st Street and River Road. The site is zoned S-1/residence and is a Residential Open Space Subdivision. Filed by James Nelson of Nelson and Frankenburger on behalf of Brenwick Development. Jim Nelson, 3663 Brumley Way, Carmel, appeared before the Board, representing the applicant BDC Cardinal Associates an affiliate of Brenwick Development Company. Also present were Ken Alexander and David Warshower, 12722 Hamilton Crossing Blvd, Carmel, Vice-president of Brenwick Development. Approval is being requested of the two variances stated at the subject site, northwest and southwest corners of 131 st St and River Road. Of the already approved PrairieView subdivision, the petitioners are requesting a variance for a change in the side-yard setback requirements. They are asking to reduce the side-yard aggregate from 20 feet to 15 feet. They are also asking to reduce the required side yard setback from 10 feet to 7.5 feet. The reason for these proposed changes are allow for larger homes on the current lot sizes. The petitioner conceded that the setbacks that were proposed, could have been achieved if they had completed an R-1 rezone for the subdivision, however one of the primary goals was to preserve the S-1 zoning and to preserve the character of the area which is in accordance with the Comprehensive Plan. It is the belief of the petitioner that if they had proceeded with a R-1 rezone, it would not have been received favorably with the Plan Commission members. Another possible option was for the developer to create larger lots that would allow for the larger homes. These larger lots would in turn, cause the reduction of the open spaces. The goal was to have smaller lots and to take the land that is otherwise in a lot (in conventional subdivisions) and use it for an established open space area. David Warshower stated that there was a great demand for the larger homes on the existing lot sizes and that Brenwick was responding to these needs. Waterstone is an example of an existing neighborhood that has the setbacks that are being requested for the Prairie View subdivision. Members of the public were invented to speak in favor or opposition to the proposed project; none appeared and the public hearing was closed. Mark Monroe reported that the Department's main concern with the variance applications is that they are essentially avoiding the Plan Commission platting process. The Department recommends denial of the variances and instead, have the Plan Commission review the plat documents. James Quinn and Charles Weinkauf asked for clarification for the reason of the Department's s:lbzalminutes11997.ju! 4 denial. Mark Monroe replied that although there were no specific arguments with the findings of fact provided by the petitioner, the standard replatting process was being avoided. The alternative procedure would be a replat or amended plat procedure that is reviewed and approved by the Plan Commission. This process would essentially redraw the lot lines to make the lots bigger and would therefore allow for bigger homes. Dick Klar questioned the need for five extra feet and how essential would that five feet be to a housing structure. David Warshower replied that the extra footage would be used (in most cases) for side and rear yard garages. James Quinn also raised the issue that indirectly the petitioner is increasing the density of the subdivision by increasing the house size on the existing lots. Alan Klineman moved for approval of Docket No. V-45-97 and V-53-97, Prairie View Subdivision, seconded by James Quinn. The vote was three in favor, one opposed (Dick Klar), MOTION APPROVED. A five minute recess was called. 5h. Heartland Child Development Center (SU-48-97) Petitioner seeks Special Use approval to construct a 22.000 square-foot day care center on 3.12 acres. The site is located within the Fidelity Office Plaza at the southwest corner of 116th Street and U.S. 31. The site is zoned S-2/residential and B-6/business and is located partially within the U.S. 31 Overlay Zone. Filed by Brian Lyday of Heartland Child Development Center. 6h. Heartland Child Development Center(V-49-97) Petitioner seeks a variance of Section 23B.7 of the CarmeUClay Zoning Ordinance to reduce the minimum lot size required from 5 acre to 3.12 acres. The site is located within the Fidelity Office Plaza at the southwest corner of 116th Street and U.S. 31. The site is zoned S-2/residential and b-6 business and is located partially within the U.S. 31 Overlay Zone. Filed by Brian Lyday of Heartland Child Development Center. 7h. Heartland Child Development Center (V-50-97) Petitioner seeks a variance of Section 27.5 of the CarmeUClay Zoning Ordinance to defer the installment of 12 parking spaces. The site is located within the Fidelity Office Plaza at the southwest corner of 116th Street and U.S. 31. The site is zoned S-2/residential and B- 6/ business and is located partially within the U.S. 31 Overlay Zone. Filed by Brian Lyday of Heartland Child Development Center. 8h. Heartland Child Development Center (V-51-97) Petitioner seeks a variance of Section 6.4.1 of the Carmel/Clay Zoning Ordinance to s:Ibza'kminutesV 997 jul 5 increase the allowable height of the building to incorporate a cupola. The site is located within the Fidelity Office Plaza at the southwest corner of 116th Street and U.S. 31. The site is zoned S-2/residential and B-6/business and is located within the U.S. 31 Overlay Zone. Filed by Brian Lyday of Heartland Child Development Center. Brian Lyday, 132 Sycamore Road, Carmel, President of and representing Tambourine Capital Group LLC regarding its request to develop a childcare facility at 11540 N. Meridian Street located within the commercial development of Fidelity Plaza on the southwest corner of U.S. 31 and 116th St. The petitioner is requesting a special use approval with three developmental standards variances. Together with Heartland Child Development they have created plans for the construction of a 22,000 sq. ft. child care facility to be called Heartland Hall. Heartland Hall will care for 233 children between the ages of 6 weeks and 6 years. The Plan Commission unanimously approved the development plans, including Architectural, Design, Landscape, Signage plans on March 19, 1996. On March 25, 1996 the Board of Zoning Appeals unanimously approved the special use and the related variances. Because of unforeseen circumstances construction did not start as anticipated. The Board of Zoning Appeals rulings are only valid for a one year time period and the construction for Heartland Hall did not begin before that deadline. Therefore the petitioner is required the seek reapproval from this board. Parking has been provided along the north, east and front side of the building. The ordinance requires 74 spaces. Sixty-two spaces have been provided and are believed to be more than adequate to serve the needs. The additional 12 spaces are requested to be deferred and that the additional area be used as green space or open space. There are an additional two outdoor play areas that will include the preservation of existing trees as well as the addition of landscape material. The lighting plan calls for 8 pole mounted lamp fixtures that would be 25 feet in height and consistent with existing lighting fixtures within the Fidelity Office Park. The architectural design is residential in nature. Because of the included cupola, the added height necessitates the request for a variance to increase the height of the building to allow for the cupola. Members of the public were invited to speak in favor or opposition to the proposed variances; none appeared and the public hearing was closed. Mark Monroe reported on behalf of the Department. He confirmed that this project had indeed already been approved by both Plan Commission and the Board of Zoning Appeals and there had been no changes in the plan. However one facet of the project has changed and that is the City's s:Ibzalmrnutesl1997 ju! 6 proposal to extend Illinois Street from 106th St. to Smokey Row Rd. There is the possibility that the Illinois Street project could interfere with the petitioner's site. It is not the City's intention to interfere or hold up this project. The Illinois Street project can be accommodated with this project being located where it is today. The Department therefore recommends approval as submitted. Dick Klar moved for the approval of Docket No. (SU-48-97), Heartland Child Development Center, Special Use approval to construct a 22,000 square-foot day care center on 3.12 acres., seconded by Alan Klineman. The vote was four in favor, none opposed, MOTION APPROVED. Dick Klar moved for the approval of Docket No. (V-49-97), Heartland Child Development Center, Variance to reduce the minimum lot size required from 5 acres to 3.12 acres, seconded by Alan Klineman. The vote was four in favor, none opposed, MOTION APPROVED. Dick Klar moved for the approval of Docket No. (V-50-97), Heartland Child Development Center, Variance to defer installment of 12 parking spaces, seconded by Alan Klineman. The vote was four in favor, none opposed, MOTION APPROVED. Dick Klar moved for the approval of Docket No. (V-51-97), Heartland Child Development Center, Variance to increase the allowable height of the building to incorporate a cupola, seconded by Alan Klineman. The vote was four in favor, none opposed, MOTION APPROVED. 9h. King of Glory Church (SU-52-97) Petitioner seeks Special Use approval to construct a 12,000 square foot addition to the existing church. The site is located at the southwest corner of 106th Street and U.S. 431. The site is zoned S-2/residence and is located partially within the U.S. 431 Overlay Zone. Filed by Wes Bucher of the King of Glory Church. 10h. King of Glory Church (V-53-97) Petitioner seeks a Developmental Standards Variance of Section 6.4.1 of the Carmel/Clay Zoning Ordinance to increase the allowable height of the building from 25 feet to 35 feet. The site is located at the southwest corner of 106th Street and U.S. 431. The site is zoned S-2/residence and is located partially within the U.S. 431 Overlay Zone. Filed by Wes Bucher of the King of Glory Church. 11h. King of Glory Church (V-54-97) Petitioner seeks a Developmental Standards Variance of Section 27.3.2 of the Carmel/Clay Zoning Ordinance to increase the allowable height of the church spire from 25 feet to 60 feet. The site is located at the southwest corner of 106th Street and U.S. 431. The site is zoned S-2/residence and is located partially within the U.S. 431 Overlay Zone. s:I bzatminutes 11997 ju! 7 Filed by Wes Bucher of the King of Glory Church. 12h. King Of Glory Church (V-55-97) Petitioner seeks a Developmental Standards Variance of Section 27.3.2 of the Carmel/Clay Zoning Ordinance to eliminate the requirements for curbs around the new parking lot area. The site is located at the southwest corner of 106th Street and U.S. 431. The site is zoned S-2/residence and is located partially within the U.S. 431 Overlay Zone. Filed by Wes Bucher of the King of Glory Church. Wes Bucher, 17 Sleepy Hollow Ln., Carmel, appeared before the Board representing the Cannel Lutheran Church regarding its request for three variances. The church is located at the southwest corner of 106th Street and U.S. 431. The petitioner is requesting variance to increase the allowable height of the church spire from 25 to 60 feet, a variance to increase the allowable height of the building from 25 to 35 feet, and varience to eliminate the requirement for curbs around the new parking lot area. The new facility will expand to the south and east of the existing structure with parking expanding mainly to the east. The additions will include a new administration area, a music ministry area as well as the addition of a second floor for more classrooms and a multipurpose family life center. The petitioner explained, in viewing other local churches in the Cannel area, that church spires are generally very tall. In fact, there were only a few churches that did not have large spires. This of course, demonstrating the addition of a 60 foot church spire would not be excessive. Mark Monroe reported that the department recommends approval of the Special Use and the Varience for the height of the church addition pending resolution of the proposed landscape plan and all Technical Advisory Committee issues. The Department recommends denial of the variences relating to the height of the church spire and the curbs. The proposed height of 60 feet for the church spire is excessive for this area and the curbs should be installed as the ordinance requires. The petitioner responded that the drainage for the parking lot is sufficient and curbs are not necessary. A detailed site drainage analysis and calculations have been completed. The drainage pattern will remain unchanged. Alan Klineman moved for approval of Docket No. V-52-97, King of Glory Church, seconded by James Quinn. The vote was four in favor, none opposed, MOTION APPROVED. Dick Klar moved for approval of Docket No. V-53-97 and V-54-97, King of Glory Church, seconded by Alan Klineman. The vote was four in favor, none opposed, MOTION APPROVED. s:\bzalminutes\1997 jul 8 Dick Klar moved for approval of Docket No. V-55-97, King of Glory Church, seconded by James Quinn. The vote was four in favor, none opposed, MOTION APPROVED. 13h. Parkwood Crossing Office Complex, Buildings 4,5 and Parking Garages (V-56-97) TABLED BY PETITIONER 14h. Sycamore Farms Recreation Center (SU-57-97) Petitioner seeks Special Use approval to construct a pool and bathhouse for the Sycamore Farms Subdivision. The site is located at the southwest corner of 116th Street and Gray Road. The site is zoned S-1/residence. (the Petitioner will also be appearing before the Plan Commission to replat the subdivision). 15h. Sycamore Farms Recreation Center(V-58-97) Petitioner seeks approval of a Developmental Standards Variance of Section 5.4.6 of the CarmeUClay Zoning Ordinance to reduce the required lot width for the proposed recreation center from 200 feet to 35 feet. The site is located at the southwest corner of 116th Street and Gray Road. The site is zoned S-1/residence. (The petitioner will also be appearing before the Plan Commission to replat the subdivision.) Filed by Mark Boyce of C.P. Morgan Company. Mark Boyce of C.P Morgan, appeared before the Board requesting special use approval to construct a pool and bathhouse for Sycamore Farms subdivision. The petitioner also seeks varience to reduce the required lot width for the proposed recreation center from 200 feet to 35 feet. The proposed pool will be of great benefit to the homeowners. It will provide recreational opportunities of the residents living in Sycamore Farms. It will enhance resale value for residents and will provide a valuable infrastructure within the community. The pool will be located within the open space area created for the subdivision. Due to the layout, placing the pool on a lot area, was deemed less feasible than placing the pool in the open space. Mark Monroe on behalf of the Department recommends denial of the Special Use and the Varience. The recreation center is an appropriate use within the subdivision, but it should be located in an area that does not interfere with adjacent housing and has adequate frontage on a public street. Alan Klineman suggested the addition of a sidewalk. The only access to the pool is a road and it would be safer for the children to use the sidewalk. It was also suggested that a wading pool be implemented considering very young children using the pool. s:Ibza;minutesV 997.ju1 9 There was much discussion over the reasoning for the Department's position. Dick Klar moved for the approval of Docket No. SU-57-97, Sycamore Farms Recreation Center, conditioned on an access road being widened and a sidewalk being installed, seconded by James Quinn. The vote was four in favor, none opposed, MOTION APPROVED. 16h. L & W Construction Office (SU-59-97) Petitioner seeks Special Use approval to construct a 6,000 Square-foot office building. The site is located at 1132 South Range Line Road (just south of the existing City Hall and parking lot.) The site is zoned B-3/business. (The petitioner will also be appearing before the Plan Commission to replat the subdivision.) Filed by John Wisel of L & W Construction. The Department suggested that the project be tabled until the August meeting which would allow the petitioner to address many of technical concerns. TABLED BY Dili PETITIONER 17h. Twin Lakes Golf Course (SU-60-97) Petitioner seeks Special Use approval to reconstruct part of the golf course, construct a new maintenance building, and tho construct a chipping green. The site is located at the northeast corner of 96th Street and Shelborne Road. The site is zoned R-1 residence. Filed by Ken Brown of the Twin Lakes Golf Course. Dave Coots, 255 E. Cannel Dr., Cannel, Ken Brown, John Westerfield and Chris White of Davis Homes all representing Twin Lakes Golf Course appeared before the Board requesting approval of a special use application to permit the relocation of a driving range and the construction of the practice green and chipping area. Original approval in 1995 included the establishment of the driving range, which is currently to the north of the course and it is now proposed to be moved to the middle of the course. Consequently, four of the existing holes will need to be reconfigured. A lake is also proposed to be build into the configuration. The proposal also includes the construction of a new maintenance building. The old maintenance barn, which is currently located on the area that will be the future driving range, will be demolished an the new building will be built to the west of the existing club house. In addition, a portion of what was going to be the driving range will be reconfigured to create a practice facility for chipping and putting green, The other portion of the original driving range will be reconfigured into the development by Davis homes. All of the homes located south of the new maintenance facility and the practice green have been s:Ibzalminutes\1997 jul 10 contacted. All homeowners have approved the reconfiguration, provided that landscaping and mounding be included in the project as well as preserve the existing trees and shrubs. Members of the public were invited to speak in favor of the proposed project; the following appeared: Joe Moore, 3344 Beech Place, Carmel stated that he was in favor of the proposed changes and his only concern was that an additional fence be included for extra protection to the homeowners. Members of the public were invited to speak in opposition to the proposed project; none appeared and the public hearing was closed. Mark Monroe responded on behalf of the Department of Community Services. He recommended approval as submitted. He also noted that if a fence it to be constructed on the mound surrounding the chipping green, the fence would be required to follow height restrictions contained in the fence ordinance. The ordinance allows for a maximum height of six feet which includes the mound in its height. Alan Klineman asked to add to the record the letter from Mark Enoch. Mr. Enoch expressed his concern regarding the reduction of his water pressure whenever the golf course was using their sprinkler system. The petitioner commented that the Department of Natural Resources conducted a 19 hour test to measure the use versus aquifer depth and the conclusion was that the golf course was not making a significant impact on Mr. Enoch's water supply. James Quinn moved to approve Docket No. SU-60-97. Twin Lakes Golf Course, seconded by Dick Klar. The vote was approved four in favor, none opposed, MOTION APPROVED. 18h. Huntington Bank(V-61-97) Petitioner seeks approval of a Developmental Standards Variance of Section 25.7.02- 10 of the Carmel/Clay Zoning Ordinance to install an additional sign on the building used as an automatic teller machine. The site is located at the southeast corner of 106th Street and U.S. 31. The site is zoned B-5/business and is located within the U.S. 31 Overlay Zone. Filed by John Gavin of the Artglo Company. John Gavin, 2651 Johnstown Rd., Columbus, Ohio, of the Artglo Company appeared before the board, representing Huntington Banks. Also in attendance was John J. Dee, Executive Vice- president of Huntington Banks. The proposed sign will be located on a 10x10x10 foot structure at U.S. 31 and 106th Street in the north-east corner of the property. Currently, there exists a non-illuminated canopy on the west side of the structure. It does not s:Ibzalminutes11997 jut 11 provide any type of security or identification. The petitioner's objective is to place all of the information that a person would need to use the bank machine, as well as include the bank logo all in one place. By definition, the ATM Machine is considered an accessory machine and is allowed only three square feet of sign. The petitioner is requesting variance for a larger 5x51/2 foot sign which would include identification on a header, a downlight for security, an illuminated side panel and the ATM unit. Members were invited to speak in favor or opposition to the proposed project; none appeared and the public hearing was closed. Mark Monroe reported that it would be more appropriate for the petitioner to reduce the sign to 3 square feet and would therefore would not need a variance or a permit from the Department. Mr. Gavin commented that although it indeed would be possible to fit all of the pertinent information onto the to 3x3 foot sign, however, the smaller sign would not be visible from either 106th Street or Keystone Avenue. The larger sign would be of a size to identify the ATM and the bank. Charles Weinkauf questioned that if there was already an identifying sign on the bank building, why is it necessary to have a sign on the bank machine. John Dee commented that there were two issues involved. One to identify that the structure is an ATM machine and two is security by providing light to the structure. Alan Klineman asked for clarification regarding the security issue and also wanted clarification on exactly what part of the ATM machine is considered signage. The petitioner stated that increased lighting would help deter potential criminals. Mark Monroe stated that the Huntington Bank identification at the top and is also the identification on the side which tell which types of cards that can be used at the machine. When there areas are backlit, the size of the sign is essentially increased because it becomes more visible. Because the signage is located on an accessory building the requirements are different that if the signage were located on the actual building. Mark Monroe stated that in order to comply with the sign ordinance, the petitioner would need to either shrink the card panel, not backlight the header that reads Huntington Bank or with backlight, reduce the header to 3 square feet. Alan Klineman moved to approve Docket No. V-61-97, Huntington Banks, conditioned upon the petitioner shrinking the header portion of the sign and approval by the Department, seconded by James Quinn, APPROVED 4-0. li. Days Inn (V-38-97) Petitioner seeks a variance of Section 23C.7 of the CarmellClay Zoning Ordinance to reduce the required lot size from 3 acres to 2 acres. The site is located at 9797 North s:lbzalminutes11997 jul 12 Michigan Road. The site is zoned B-6/business and is located within the U.S. 421 Overlay Zone. (The petitioner will also be appearing before the Plan Commission for Architectural Design, Lighting, Landscaping and Signage review). Filed by Vimal Patel. 2i. Days Inn (V-39-97) Petitioner seeks a variance of Section 23C.8.2 of the Carmel/Clay Zoning Ordinance to reduce the required side yard setback from 120 feet (three times the building height) to 75 feet. The site is located at 9797 North Michigan Road. The site is zoned B-6/business and is located within the U.S. 421 Overlay Zone. (The petitioner will also be appearing before the Plan Commission for Architectural Design, Lighting, Landscaping, and Signage review). Filed by Vimal Patel. 3i. Days Inn (V-40-97) Petitioner seeks a variance of Section 23C.10.2 of the Carmel/Clay Zoning Ordinance to reduce the required side landscape yard from 30 feet to 10 feet. The site is located at 9797 North Michigan Road. The site is zoned B-6/business and is located within the U.S.421 Overlay Zone. (The petitioner will also be appearing before the Plan Commission for Architectural Design, Lighting, Landscaping, and Signage review). Filed by Vimal Patel. Doug Floyd, attorney, appeared before the Board on behalf of the petitioner. Approval is being requested of the three variances stated at the subject site, 9797 North Michigan Road. The property is just over 2 acres and lies within the U.S. 421 Overlay Zone. The property was originally a part of the North Augusta subdivision however in 1996 it was rezoned B-6/business. The applicant commits that the B-6 property be used as only for hotel use and uses accessory to a hotel. The applicant commits that the building shall not exceed three stories in height and that the mean height shall not exceed 40 feet. The applicant commits that a shadow box fence of 8 feet in height shall be constructed along the north, south and east property lines of the real estate. The applicant commits to the construction of acceleration and deceleration lanes adjacent to the proposed from State road 421. The U.S. 421 overlay zone requires a minimum lot size of 3 acres. The petitioner is requesting variance to reduce the required lot size to 2 acres. Development in the other businesses along U.S. 421 occurs in developments that are less than 3 acres. The proposed project use will conform to the overall use proposed in the Comprehensive Plan. Landscaping: the landscape buffer for a commercial business adjacent to a residential property, requires a 30 foot buffer. Because the property owner of the adjacent residential property has stated his intent to make his land commercial in the future, the petitioner is requesting variance to reduce the bufferyard to 10 feet. The landscape buffer required for a commercial business adjacent s:'.bzalninutes\1997.ju1 13 to another commercial business is only 10 feet. This is the third revision of Architectural Design that is going to the Plan Commission. The petitioner stated that all former drainage issues have been resolved. Members of the public were invited to speak in favor of the proposed project; none appeared. Members of the public were invited to speak in opposition to the proposed project; the following appeared: James Wesley White, property owner east of the proposed project, is concerned with drainage problems that might occur with the new building. Mr. Floyd assured Mr. White that all water will be received by the petitioner's development. The petitioner will be building a vault under the property that will receive and retain all water from both the petitioner's property as well as the adjoining properties in North Augusta subdivision. The retained water can then be pumped out into the U.S. 421 drainage system. Mark Monroe reported that the project was originally tabled at this body because the petitioner could not show that they met the minimum lot size requirements. There are three minimum lot size requirements and the petitioner has met all but one. If V-39-97 and V-40-97 are both approved by the board the third criteria will have been met. This essentially renders item li. irrelevant (depending upon the board vote). The department recommends approval of the project. Alan Klineman moved for the approval of Docket No. V-39-97, DAYS INN, seconded by Dick Klar. The vote was four in favor, none opposed, MOTION APPROVED. Dick Klar moved for the approval of Docket No. V-40-97, DAYS INN, seconded by Alan Klineman. The vote was four in favor, none opposed, MOTION APPROVED. The voting of V-38-97 was deemed unnecessary. There being no further business to come before the Board, the meeting was adjourned at 12:35 PM. Charles Weinkauf, President Melissa Spiker, Acting Secretary s:Ibzalminutesl1997.ju1 14