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April 18, 2000
Department Report
To: Board of Zoning Appeals Members
From: Department of Community Services
Re: projects scheduled to be heard April 24, 2000
H. Public Hearings:
lh. Rod Busters, Inc. (UV-2-00)
Petitioner seeks approval of a Use Variance of Section 5.1: Permitted Uses in order to
establish a business office in an existing residential structure on 1.04± acres. The site is
located at 11104 Towne Road. The site is zoned S-1/residence.
This item was originally scheduled for public hearing at the February 28, 2000,
meeting. The petitioner's counsel requested in a letter dated February 22nd that this item
be continued to the March 27th Board meeting due to faulty notice. In a letter dated March
23`1, the petitioner's counsel requested a further continuance to the April 24th meeting.
The petitioner's counsel has now requested a third continuance of one to two months. Per
Article 17I, Section 10 of the Board's Rules of Procedure, the Board may consider
dismissing this petition for lack of prosecution.
There is no condition peculiar to the property that makes this variance necessary;
the strict application of the Zoning Ordinance in this location does not constitute an
unnecessary hardship (evidenced by the fact that there is an existing conforming residential
structure located on the property); and the petition interferes with the goals of the
Carmel/Clay Comprehensive Plan, which identifies this area for low density residential use.
Therefore, the Department recommends negative consideration of this petition.
2h. Emerald Crest at Hazel Dell Summit Amenity Area (SU-13-00)
Petitioner seeks Special Use approval per Section 5.2: Permitted Special Uses in order to
establish a private recreational facility. The site is located northwest of East 1315t Street
and Hazel Dell Parkway. The site is zoned S-1/residence.
The Department recommends favorable consideration with the condition that the
Secondary Plat for this property be approved before construction commences.
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ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417
DEPARTMENT REPORT
Board of Zoning Appeals
April 24, 2000
status to the April 24, 2000, meeting in a letter dated March 23`d
As of this writing, the Developmental Standards Variance petition for the floor
area of the apartments in this structure has not been filed. The Department will report at
the meeting whether this has been accomplished by that date.
The Department suggests that the Board consider tabling this petition to the June
26, 2000, meeting — the next agenda on which the floor area petition could be placed.
This would allow the petitioner time to either 1) file the Developmental Standards
Variance application by the May 12th deadline: or 2) come into compliance with respect to
the minimum floor area of the apartments. It is the Department's position that the
question of the barbershop should not be addressed until such time as the question of
space allocation for the apartments has been resolved.
2i. University High School of Indiana (SU-8-00)
Petition seeks approval of a Special Use under Section 5.2: Permitted Special Uses in
order to establish a School of General Secondary Education on 86.75± acres. The site is
located southwest of the intersection of West 116t Street and Towne Road. The site is
zoned S-1/residence.
The Department recommends that this petition be considered in conjunction with
Item 3i. (V-12-00).
A meeting between concerned adjoiners and the petitioners was held April 17,
2000, in the Caucus Rooms of City Hall. Among the topics discussed were lightine,
access, drainage, the location of spectator sports facilities, the composition of the
bufferyards, and the ability of the neighbors to continue to voice concern as the project
develops. The petitioner has agreed to consider revisions to the site plan that would move
certain facilities farther from the property lines and to commit to a public hearing process
for the ADLS petitions. Provided that the revised Commitments for this petition have
been received by the hearing date and a revised Landscape Plan submitted, the Department
recommends favorable consideration of both petitions.
3i. Universty High School of Indiana (V-12-00)
Petitioner seeks approval of a Developmental Standards Variance of Section 5.4.1 in order
to construct a 45-foot tall classroom/gymnasium building. The site is located southwest of
the intersection of West 116th Street and Towne Road. The site is zoned S-1/residence.
The Department recommends that this petition be considered in conjunction with
Item 2i. (SU-8-00).
Provided that the revised Commitments for this petition have been received by the
hearing date, the Department recommends favorable consideration of both petitions.
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DEPARTMENT REPORT
Board of Zoning Appeals
April 24, 2000
3h. Briar Creek, Section 2, Lot 148 (V-16-00)
Petitioner seeks approval of a Developmental Standards Variance of Section 6.4.3:
Minimum Side Yards to reduce the setback from 10 feet to 1.5 feet in order construct an
attached garage on an existing residential structure on 0.910f acre. The site is located at
10284 Lakeshore Drive East. The site is zoned S-2/residence.
The Department recommends favorable consideration.
4h. Parkwood Crossing, Building 5 (RealMed) (V-18-00)
Petitioner seeks approval of a Developmental Standards Variance of Section 25.7.02-
10(b) in order to establish a second tenant identification sign on the north façade. The site
is located at 501 East 96`h Street. The site is zoned B-6/business.
This petition also requires ADLS Amendment approval from the Plan Commission,
and is on the May 9, 2000, Special Study Committee agenda. The Department
recommends favorable consideration.
Old Business:
li. Robinson Barber Shop (UV-61-99)
Petitioner seeks approval of a Use Variance of Section 16.1: Permitted Uses in order to
establish a barbershop in an existing residential structure previously used as a sign shop.
The site is located at 751 North Range Line Road. The site is zoned B-5/business.
The Board tabled this petition at the October 25, 1999, meeting in order to allow
time for research into this zoning history of the multi-tenant residential use within the
structure to be done. The research conducted by the Department revealed that this was, in
fact, a violation. On October 27, 1999, the petitioner filed a Special Use petition (SU-92-
99) for the multi-family use currently located at this address. The petitioner then
requested that Docket No. UV-61-99 be tabled from the November 22, 1999, BZA
agenda to the January 24, 2000, agenda in order for the two petitions at this address to be
heard on the same night.
The approval of Docket No. SU-92-99 at the January 24, 2000. meeting
necessitated the filing of a Developmental Standards Variance of Section 16.4.8:
Minimum ground floor area for the apartments. Following the approval of Docket No.
SU-92-99, the petitioner's counsel requested that Docket No. UV-61-99 be tabled to the
February 28th meeting in order to allow time for the floor area requirement to be
addressed. The petitioner's counsel later requested in a letter dated February 22, 2000,
that this item be tabled indefinitely, and further requested the continuation of the tabled
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ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417