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HomeMy WebLinkAboutMinutes BZA 01-23-89 CARREL BOARD OF ZONING APPEALS MINUTES - JANUARY 23 , 1989 Page 4l Mr. Davis moved to approved Docket No. UV 1-89 as presented with the following conditions : 1) That the Land Use Variance is personal to the applicant and shall not be transferred or assigned nor run with the real estate; 2) That the Land Use Variance shall not be increased nor changed from the use approved in the application; 3) Signage shall not be changed nor altered from the signage approved in the application; 4 ) That the applicant shall, at all times, have a valid license approved by the appropriate entity in the State of Indiana for the use approved. Mr. Thompson seconded. Findings of fact were completed by all board members . Approved 5-0. Mrs . Badger recommended that the beauty shops should be listed under Home Use Approval. Mr. Davis stated yes it should be recommended to the Plan Commission to make necessary changes to ordinance one chair beauty shops as a Home Use. 4i. 7 : 00 P.M. , Public Hearing on Docket No. V 2-89 a Developmental Standards Variance Application for Arista Builders and their property located at 5028 St . Charles Place, Carmel . Petitioner is requesting a variance from Section 6 . 4 . 2 of the Carmel/Clay Zoning Ordinance to allow a 25 foot front yard in lieu of the normally required 35 foot setback. Parcel is zoned S-2 . Filed by James J. Nelson for Robert Betbadal, Vice President of Arista Builders, Inc. 5i. 7 : 00 P.M. , Public Hearing on Docket No. V 3-89 a Developmental Standards Variance Application for Arista Builders and their property located at 5038 St . Charles Place, Carmel . Petitioner is requesting a variance from Section 6 .4 . 2 of the Carmel/Clay Zoning Ordinance to allow a 25 foot front yard in lieu of the normally required 35 foot setback. Parcel is zoned S-2 . Filed by James J. Nelson for Robert Betbadal, Vice President of Arista Builders, Inc. Mr. James Nelson, 3663 Brumley Way, requested that Docket No. V 2-89 and Docket No. V 3-89 be heard simultaneously. Mr. Nelson made presentation, a copy which is on file at the Carmel Department of Community Development . Mr. Robert Betbadal, Vice President of Arista Builders, Inc. was present . There were no comments from the public. The public hearing closed at 9 : 12 P.M. Mr. Davis questioned if the homes on either side of this property was occupied and if anyone buying on either side would be aware that these homes were out of line? Mr. Nelson stated that the homes on either side were not occupied and anyone buying would be aware of this situation. Mrs . Badger questioned the staff if they do check the homes before the Permits are issued? Mr. Brandau stated that they do check the homes and in this case they aid conform with ordinance and did meet the set back requirement, the prints were accurate, basically the placement of the right-of-way line is where the mistake was . There was further discussion regarding this matter. L, Z CARMEL BOARD OF ZONING APPEALS MINUTES - JANUARY 23, 1989 Pace 6 Mr. Irvin moved that Docket No. V 2-89 and Docket No. V 3-89 be approved as submitted. Mr. Davis seconded. Findings of fact were completed by all board members . Approved 5-0. 6i. 7 : 00 P.M. , Public Hearing on Docket Application for Jack G. Sourwine and Nhis o. sproperty located atU 4-89 a Special e1700 West 116th Street, Carmel . Petitioner is requesting special use approval to construct three (3 ) artificial ponds on a 40 acre tract. Parcel is zoned S-1 . Filed by Jack G. Sourwine. The public hearing opened at 9 : 20 P.M. Mr. Jim Sourwine, 7682 Copper Court, made presentation, a copy which is on file at Carmel Department of Community Development . Mr. and Mrs. Jack Sourwine, homeowners, were present . An aerial view was shown. There were no comments from the public. The public hearing was closed at 9 : 25 P.M. Mr. Davis questioned if this is for future residence? And, also what is the total acreage? Mr. Sourwine stated that it was for 3 residences, which would be the owner, one for my brother and one for myself and there is a total of 40 acres . Mr. Irvin questioned to what the size of the ponds were? Mr. Sourwine stated that one is 125 ' x 150 ' , one is 75 ' x 50 ' and the other one is 150 ' x 180 ' . • Mr. Byers questioned if the petitioner could see fit to put in the motion could include that the City of Carmel and Clay Township be held harmless on site and off site . Mr. Thompson moved to approved Docket No. SU 5-89 as presented with the granting of the Special Use Application that the petitioner does not hold the City of Carmel accountable for any liability that might result from injury to persons or property both on site as well as off site and per TAC approval . Mr. Davis seconded. Findings of fact were completed by all board members . Approved 5-0. 71 . 7 : 00 P.M. , Public Hearing on Docket No. SU 4-89 a Special Use Application for Christian Science Society and their proposed located at 11590 Haverstick Road, Carmel . Petitioners are requesting special use approval to convert and modify an existing residence. Project involves the construction of a 1585 square foot addition and approximately 13,405 square feet of parking and sidewalk area. Parcel is zoned S-2. Filed by David Kerr of Kaiser Realty on behalf of Christian Science Society, Carmel. THIS ITEM HAS BEEN TABLED AT THE TECHNICAL ADVISORY COMMITTEE. 8i. 7: 00 P.M. , Public Hearing on Docket No. SV 6-89 a Developmental Standards Sign Variance for GTE a tenant in the Meridian Mark One building located at 11611 North Meridian St . , Carmel . Petitioner