HomeMy WebLinkAboutMinutes BZA 09-25-00 Michael Mohr moved for the approval of V-62-00, V-63-00, and V-64-00, Cherry Tree
Elementary, conditioned upon the 24 month time commitment from the school to
review all school-related signs and that total compliance will occur, either by variance or
by permit, seconded by Earlene Plavchak. APPROVED 4 in favor, none opposed.
4h. Merchants' Pointe (V-83-00)
Petitioner seeks a Developmental Standards Variance of Section 23A.2:Minimum
Front Yard to reduce the SR 431 setback from 120 feet to 55 feet. The site is
located on the southwest corner of East 116th Street and Keystone Avenue. The
site is zoned B-8/business.
Filed by James J. Nelson of Nelson& Frankenberger for The Linder Group.
Jim Nelson, 3663 Brumley Way, Carmel, attorney, appeared before the Board
representing the applicant. Also in attendance was Gary Linder, president of The Linder
Company.
The petitioner is seeking a reduction in the State Road 431, Keystone Avenue setback
from 120 feet to 55 feet for the 14 acre tract of real estate located at the southwest corner
of East 116th Street and Keystone Avenue. The 14 acre parcel is being purchased by The
Linder Company, developer of Merchants Square, from Woodland Country Club. The
subject real estate was re-zoned to B-8/Business district in June, 2000.
The B-8 classification and the commitments made at the time of rezone provide for the
use of the real estate to be known as Merchants Pointe and to consist of a mixed-use
development containing a blend of office, restaurant, retail and service uses allocated
among 7 individual buildings. Only the land nearest the corner would be utilized for a
mixed use development; the remainder of the Woodland real estate would be retained for
golf course use and a long-term commitment was made to that effect.
During the rezone process, a site plan was approved that divides the real estate into 7
building sites. The development plan contains several attributes of public interest: One,
Merchants Pointe is dedicating along the north property line, sufficient right-of-way for
the 116th Street project. Adjacent to Keystone Avenue, the B-8/Business district
classification provides for a landscape or tree preservation buffer of not less than 30 feet.
The petitioner's landscape buffer is 30 feet nearest 116`s Street; however, proceeding
southward along Keystone Avenue, it widens to approximately 80 feet. The petitioner is
also providing for a perimeter buffer along the west and the south property lines between
the real estate and what will be Woodland's new golf course.
The variance being requested is from the 431 Overlay Zone--that the 120 foot setback
line be reduced to 55 feet. The practical difficulty is that the development plan providing
for 7 buildings could not be completed in the form presented. The two buildings located
nearest Keystone Avenue would be precluded as a result of the 120 foot setback line.
The practical difficulty is brought about by site conditions, both planned and required.
From the beginning, the petitioner was challenged to keep the parcel of real estate as
small as possible, retaining as much of the Woodland land as possible for the golf course.
s:\BoardofZoningAppeals\Minutes\b7a9000Sept 3
Also, the building area has been greatly reduced by the perimeter buffer, the tree
preservation easement and the right-of-way. Lastly, it is impossible with the required 7
buildings to move two building farther westward and yet still maintain the separation that
is desirable among all 7 buildings.
Jim Nelson gave a brief history of the Overlay Zone and the review ability of the Plan
Commission of the 120 feet on each side of the right-of-way of Keystone. Within the
Overlay Zone, the minimum front yard or the distance between the right-of-way and any
building is also 120 feet. The jurisdictional limit of the Plan Commission's ADLS review
is 120 feet and the setback is also 120 feet. With a strict application, nothing is permitted
to be built within the 120 feet, yet it is the Plan Commission that is charged with
reviewing all things that are built within the 120 feet. On many occasions, this situation
has been viewed as a mistake in the Ordinance and an oversight. As a result, many
variances have been granted, permitting buildings to encroach within the 120 foot area.
The planning concepts do change over time. Today, the trend seems to be to encourage
buildings to be closer to the right-of-way and not farther away from the right-of-way.
This is evident in the most recent revision to the U.S. 31 Overlay Zone where there are
not only maximum setbacks but minimum setbacks.
Based upon past application, the 120 foot setback is viewed as excessive and in this
instance, simply not possible to accommodate the development plan that was presented
and reviewed if a strict application of the 120 foot setback is required. A 55 foot setback
would be more consistent with the setback of existing buildings along Keystone Avenue
and more consistent with current planning principles. The petitioner is still able to
provide the substantial buffer that is required along Keystone Avenue and not only meet
the ordinance of 30 feet but to increase it to 80 feet nearer the south property line.
Members of the public were invited to speak in favor of this petition; no one appeared.
Members of the public were invited to speak in opposition to this petition; the following
appeared:
Joe Donellen, 206 Woodland Lane, Carmel, asked if a hotel was planned on any of the
lots.
Rebuttal: Jim Nelson said the nearest building will be 55 feet from the right-of-way of
Keystone Avenue.
Department Report: Steve Engelking stated that the petitioner has discussed practical
difficulties with the Department and the Department agrees that practical difficulties do
exist, given the design of the site that was reviewed and approved by the Plan
Commission. The Department is recommending favorable consideration.
The public hearing was then closed.
s:\BoardofZoningAppeals\Minutes\bza2000Sept 4
Pat Rice said she understood the need for the request; however, it was her recollection
that when the plan was presented to the Plan Commission, the plan stated 5 to 7
buildings. Pat Rice asked for clarification of the plan.
Jim Nelson stated that the petitioner has committed to seven (7) buildings.
Leo Dierckman moved for the approval of V-83-00, Merchants' Pointe, seconded by
Earlene Plavchak. APPROVED 4 in favor, none opposed.
7h. Lakes at Hazel Dell Subdivision, Section 1, Common Area 3 (SUA-88-00)
Petitioner seeks to amend the lifeguarding commitment made as part of the
Board's approval (Docket No. SU-37-99, approved August 23, 1999) of the
amenity area. The site is located at 12474 Dellfield Boulevard West. The site is
zoned S-1/Residence.
Filed by Joseph M. Scimia of Baker& Daniels for Zaring Homes of Indiana.
Joseph Scimia, attorney, 600 East 96th Street, appeared before the Board representing
Zaring Homes of Indiana. The petitioner is requesting a Special Use Amendment to
delete the commitment requiring a lifeguard to be present at all times that the pool at the
Lakes at Hazel Dell Clubhouse is open, pursuant to conditions that were imposed as part
of SU-37-99 that approved the actual swimming pool as a special use.
The Lakes at Hazel Dell development is located south of 126th Street on the east and west
side of Hazel Dell Drive. This particular subdivision consists of 280 homes within four
communities of its boundaries. There are currently between 45 and 50 homes that have
been sold, under construction, or currently occupied. The Special Use previously
obtained authorized a 75X25 foot swimming pool and is one of the common amenities
provided to the homeowners in the Lakes at Hazel Dell.
The petitioner's request is based on the cost associated with running a full time program
for lifeguards at this point in the development of the community; at present it is cost
prohibitive. The petitioner has also had difficulty in obtaining certified lifeguards to
work at the pool. Mr. Scimia distributed copies of the State and Local Ordinances which
regulate swimming pools under the jurisdiction of the State Department of Health and the
County Department of Health. The swimming pools such as the size at the Lakes at
Hazel Dell are exempt from the requirement under State and Local law to have a
lifeguard present during their operating hours. In fact, the Ordinances adopted by the
State and the County provide that local entities may provide stricter requirements by the
adoption of an Ordinance requiring a lifeguard to be present at times when they would
not otherwise be required.
The petitioner is requesting that if a lifeguard is required during operating hours, it should
be required by Ordinance applicable to all people and all subdivisions located within the
City of Carmel. It would also be a legislative act taken by elected officials. The
petitioner is requesting that the imposition of the requirement be applied equally to
everyone. At present, Lakes at Hazel Dell is only one of two communities required to
s:\BoardofZoningAppeals\Minutes\bza2000Sept 5