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Home My WebLink AboutBZA 03-27-23 / G`vp,sTNER54, ? P i 4 rCityof C al ______; ,,,,,,DiAtit, Carmel Board of Zoning Appeals Regular Meeting Monday, March 27,2023 Location: Carmel City Hall Council Chambers,2nd Flr., 1 Civic Sq.,Cannel,IN 46032 Members Present: Kent Broach(Alternate),Leo Dierckman(President),Jim Hawkins(Vice),Alan Potasnik, Members Absent: Brad Grabow,Leah York DOCS Staff Present: Angie Conn(Planning Administrator)Joe Shestak(Recording Secretary) Legal Counsel: Sergey Grechukhin,Allison Lynch-Mcgrath Time of Meeting: 6:00 PM Approval of Minutes and Findings of Facts from Previous Meeting: A Motion made by Hawkins and seconded by Potasnik to approve the February 27,2023 BZA meeting minutes,and adopt the Findings of Fact for Docket Nos.PZ-2022-00192 UV;00193 V;00201 V;00203 V:Insurance Office Variances(UV,V). Approved 4-0,absent Grabow,York. Public Hearings: Leo:We only have 4 members present tonight,if we receive a 2-2 vote,the item will be tabled and reheard at next month's scheduled BZA meeting. (SUA,V)Carmel High School Activity Center and South Support Building. The applicant seeks the following special use amendment and development standards variance approvals: 1. Docket No. PZ-2023-00006 SUA UDO Section 2.09&9.09.E Education Special Use expansion requested. 2. Docket No. PZ-2023-00007 V UDO Section 2.08 Maximum 35% lot coverage allowed , 62% requested. 3. Docket No. PZ-2023-00008 V UDO Section 2.10 Maximum 35-ft building height for principal building and 18-ft height for accessory buildings allowed,38'3"and 28'6"requested. 4. Docket No. PZ-2023-00009 V UDO Section 2.10& 5.02.B Minimum 30-ft building setback from Keystone Pkwy allowed, 19'4" requested. 5. Docket No. PZ-2023-00010 V UDO Section 3.28 Minimum 30-ft wide greenbelt required along Keystone Pkwy, 19'4" requested. 6. WITHDRAWN- . 7. Docket No. PZ-2023-00012 V UDO Section 5.39.H 200 sq.ft.Support Building wall sign allowed (based on Spandrel Panel Area),296 sq.ft. requested. 8. Docket No. PZ-2023-00013 V UDO Section 5.39.E.6 Sign located above parapet on Support Building(not in spandrel panel area) requested. The project consists of two building additions(The Greyhound Activity Center north of the Stadium and the South Support Building Addition south of the Stadium)along with associated utility services and drainage modifications The site is located at 2450 E. Smoky Row(the CHS Stadium site). It is zoned R2/Residence and Keystone Parkway Overlay.Filed by Amber Sheller of TLF Inc.,on behalf of Cannel Clay Schools. Petitioner: William Payne,Project Executive Director with Fanning Howey • Presented elevations, renderings, aerial view with proposed locations, site plan • CHS is wanting practice space for band, sporting teams,and protective shelters during incremental weather • These proposed areas are heavily unused for spectators and student activities • The proposed height is a typical request for all of our school redevelopment projects • Just a corner of the activities center is encroaching into the 30-ft sideyard setback and greenbelt area • We have resized our proposed sign from 296 sq. ft.to 271 sq. ft. • We submitted the greyhound sign thinking it would be considered as art and not a sign I BZA Meeting Minutes 3-27-23 Public Comments: None Department Report: Angie Conn: • TAC has reviewed this proposal,and they are finalizing their comments with the Petitioner in ProjectDox • We are asking the Petitioner to turn off the greyhound outlined signage at night since there are residential neighbors adjacent to the north of this building • We believe there's no hardship for the Petitioner to be able to pull down the greyhound sign on the south support building below the parapet. Staff recommends negative consideration of this wall sign size and wall sig location. • Staff recommends positive consideration of the special use amendment, lot coverage,building height,building setback,and greenbelt width variance requests,with the condition of addressing all remaining TAC review comments,and with adoption of the Findings of Fact submitted by the Petitioner. Board Comments: Leo: Staff doesn't want the sign on the north to be there. Is it allowed?Angie Conn: It is an allowed sign,but with them requesting so many variances,the Board has leverage to amend the north side wall sign.Leo: On the south side,you want them to drop down the sign?Angie Conn: Correct,below the parapet. We don't think there's a hardship here with them trying to meet the sign ordinance. Kent: I thought the sign on the south building looked like art.I like how it looks. How is art defined in the Ordinance? Angie Conn: A sign identifies something, so it can be text or a logo. The greyhound identifies CHS.Art would be a painted mural or something more abstract. Alan: Can the Petitioner explain which signs are being asked for the variance?William Payne: The signs that are not part of our variance are the ones located at the Greyhound Activity Center that is north of the stadium. The sign that is requesting the variance is the greyhound sign located south of the stadium on the Support Building facing south and is about the parapet. We would agree to turn this greyhound sign off after business hours. Jim: I like the look of the greyhound above the parapet. Can Staff explain item# 7 where the Ordinance a maximum 200 sq. ft. sign?The Petitioner stated they decreased their request to 271 sq. ft. and no longer need this variance.Angie Conn: It's based on the imaginary rectangular box you could draw around the sign. It has to be a certain percentage of that width and height. The Petitioner amended what their spandrel panel area is so that changes what the allowed sign can be. Leo: I also like the sign. I would vote from 11pm to 6am for the lights on the north façade to remain on for the greyhound sign. A Motion made by Hawkins and seconded by Broach to approve Docket Nos.PZ-2023-00006 SUA,-00007 V thru- 00010 V;-00012 V; -00013 V; conditioned upon the Petitioner addresses remaining TAC review comments and will turn off the lighted sign on the north facade of Activity Center Building between 11pm and 6am. Approved 4-0,absent Grabow,York. (V)DavAni BBQ Food Truck Variances. The applicant seeks the following development standards variance approvals: 9. Docket No. PZ-2023-00031 V UDO section 5.66.D Food stands shall be removed from the premises when not in operation, request to keep on-site overnight. 10. Docket No. PZ-2023-00037 V UDO section 5.66.H Customer seating areas associated with food stands shall be prohibited,customer seating areas requested. The site is located at 105 W. Cannel Dr.It is zoned I1/Industrial and Rangeline Rd. Overlay Zone.Filed by Andrew Wert of Church Church Hittle&Antrum,on behalf of Armen Abrahamyan,food truck owner. Petitioner: Andrew Wert • With me tonight is the owner of the food truck,Armen Abrahamyan. • This is the first Armenian restaurant in Indiana • We feel this site and location are well suited for this use. There's an existing patio that is ideal for customer seating 2 BZA Meeting Minutes 03-27-23 • The food truck sits behind an existing brick wall along Carmel Drive • Moving the truck every night would be difficult since it is connected to a public water line and would require winterizing the truck every time during the colder months • If approved,we are asking for 2 years. Staff are recommending 18 months, and we are fine with 18 months Public Comments: None Department Report: Angie Conn: • The Petitioner has a Temporary Use Permit for this food stand issue in Sept.2023 with the condition of moving the food stand from this site every night.This has not been done. • It has taken some time for them to come forward with a variance approval for parking overnight • Staff recommends consideration of the two variance requests,with the conditions of an 18-month time limit, providing photo examples of the proposed outdoor seating area,the smaller affixed incidental signage on the food truck is removed,and with the adoption of the proposed Findings of Fact Board Comments: Alan: When does this become a restaurant when it is a food truck/stand?They advertise this as a restaurant on their website.Why are we going to start allowing food trucks and stands?Angie Conn: Food stands are permitted in this district. It is different than a brick-and-mortar restaurant. We don't allow the food truck/trailer to be parked overnight. Customer seating is not allowed.Alan: If the Petitioner agreed to do certain things with the approval of their Temporary Use permit and did not do them,I see the disregard here and don't agree with this proposal. Jim: What signs are allowed and not allowed?Are the ordering signs not allowed?Angie Conn: The identification sign facing Cannel Drive is the only sign that is allowed.All of the menu signage by the ordering window is not allowed.They are allowed a moveable sandwich board sign that can be removed every night.Jim: I agree with Alan's concerns.How are we going to enforce this going forward if they haven't complied to date.Angie Conn: Code Enforcement has been Iworking with the Petitioner, it has just taken this long for them to apply and go through the BZA public hearing process. A Motion made by Broach and seconded by Hawkins to approve Docket Nos.PZ-2023-00031 V and PZ-2023-00037 V with the conditions of an 18-month time limit,signage not allowed per the UDO is removed,and pictures of the outdoor seating is provided and approved by Staff. Denied 3-1,Broach; absent Grabow,York. Meeting Adjourned at 6:32 p.m. 41t - ) _ . Leo Dierckman—President e Shestak—Recording Secretary I BZA Meeting Minutes 03-27-23