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HomeMy WebLinkAboutNMMP 08020019 & 27 VCITYFCARMELJIESBRAICtVLORLETTERofGRANTMarch252008PaulReisBoseMcKirmeyEvansLLP301PennsylvaniaParkvaySuite300IndianapolisIN46280ReNorthMeridianMedicalPavilionsignage0802001908020027VDearMrReisAtthemeetingheldMondayMarch242008theCarmelAdvisoryBoardofZoningAppealstookthefollowingactionregardingtheDevelopmentalStandardsVariancesVfiledbyyouforthepropertylocatedat12188NMeridianStreetAPPROVEDDocketNos0802001908020027VDevelopmentStandardsVariancesforsignheightandnumberofsignswiththeConditionthemaximumsignheightiseight8feetwithfour4tenantpanelsPleasebeadvisedthatperSection2j0707SignPermitsoftheZoningOrdinancethesignapprovedpursuanttotheaforementionedDevelopmentStandardsVariancemustbeestablishedwithinone1yearTheexpirationdateoftheapprovalisMarch242009WhenapplyingforapplicationsforanypermitregardingthedecisioncontainedwithinthisapprovalpleaseincludeacopyofthisletterwithyourapplicationmaterialsinordertoassisttheDepartmentsreviewIflcanbeolanyfurtherassistancepleasedonothesitatetocontactmeat3175712417Sincerely1r7I1jil11rA11LllLVJircJYn01RachelBoonePlanningZoningAdministratorDepartmentofCommunityServicesDEPARTMENTOFCOMMUNITYSERVICESONECIVICSQUARECARMELIN46032PHONE3175712417FAX3175712426MICHAELPHOLLlBAUGHDIRECTOR UCITYOFCARMELClAYTOWNSHIWlj0HAMILTONCOUNTYINDIANAtRECEIVEDAMENDEDAPPLICATIONFORBOARDOFZONINGAPPEALACifIONEBI9200BDEVELOPMENTSTANDARDSVARIANCEREQUESTDOCSFEESingleFamilyPrimaryResidence27500forthefirstvarianceplus8500foreachadditlQIJectipJoftheordinancebeingvariedAllOther109000forthefirstvarianceplus51500foreachadditionalsectionoftheordinancebeingvariedORseeHearingOfficerFeesDOCKETNO1ApplicantAddress08020019V08020027VDATERECEIVEDNorthMeridianMedicalPartnersOneLLC401PennsylvaniaParkwayIndianapolisIN462802ProjectNameNorthMeridianMedicalPavilionEngineerArchitectAttorneyPaulGReisPhone3175753005DavidCampbellPhonePhone31768453693ApplicantsStatusChecktheappropriateresponseXaTheapplicantsnameisonthedeedtothepropertybTheapplicantisthecontractpurchaserofthepropertycOther4IfItem3cischeckedpleasecompletethefollowingOwnerofthepropertyinvolvedOwnersaddressPhone5RecordofOwnershipDeedBookNoJlnstrumentNo200500015422007019772Page6CommonaddressofthepropertyinvolvedLegaldescriptionSeeattachedTaxMapParcelNo170935000600111170935000600200Purchasedate28054100712188NMeridianStreet7StateexplanationofrequestedDevelopmentStandardsVarianceStatewhatyouwanttodoandcitethesectionnumbersoftheCarmelClayZoningOrdinancethatappliesandorcreatestheneedforthisrequestVarianceofS25070210dtoincreasetheheightofaGroundSignto12feetandvarianceofS25070210btoallowforanIdentificationGroundSigntobeorientedtowardIllinoisStreet8StatereasonssupportinglheDevelopmentStandardsVarianceAdditionallycompletetheattachedquestionsheetentitledFindingsofFactDevelopmentSlandardsVarianceTheproposedmonumenlgroundsignwillprovidenecessaryidentificationtopatientsandvisitorstotheNorthMeridianMedicalPavilionwheretheirhealthcareprovidersarelocatedwithminimaleffecttotheadjacentresidentialdevelopment91011PresentzoningofthepropertygiveexactclassificationB6SizeoflotparcelinquestionPresentuseoftheproperty30256046acresMedicalOfficeBuildings11007521 U12Describetheproposeduseoftheproperty13IsthepropertyOwneroccupiedRenteroccupiedXOtherUMedicalOfficeBuildings14ArethereanyrestrictionslawscovenantsvariancesspecialusesorappealsfiledinconnectionwiththispropertythatwouldrelateoraffectitsuseforthespecificpurposeofthisapplicationIfyesgivedateanddocketnumberdecisionrenderedandpertinentexplanationYesDocketNo04100030DPADLSDocketNo04100031Z15HasworkforwhichthisapplicationisbeingfiledalreadystartedIfanswerisyesgivedetailsNoBuildingPermitNumberBuilder16IfproposedappealisgrantedwhenwilltheworkcommenceWorkwillcommencefollowingamodificationofthecommitmentsmadetothePlanCommissionreferencedinparagraph14above17IftheproposedvarianceisgrantedwhowilloperateandorusetheproposedimprovementforwhichthisapplicationhasbeenfiledOwnerandoranentityassociatedwithLauthPropertyGroupNOTELEGALNOTICEshallbepublishedintheIndianapolisStaraMANDATORYtwentyfive25dayspriortothepublichearingdateThecertifiedProofofPublicationaffidavitforthenewspapermustbeavailableforinspectionthenightofthehearingLEGALNOTICEtoalladjoiningandabuttingpropertyownersisalsoMANDATORYtwomethodsofnoticearerecommended1CERTIFIEDMAILRETURNRECEIPTREQUESTEDsenttoadjoiningpropertyownersThewhitereceiptshouldbestampedbythePostOfficeatleasttwentyfive25dayspriortothepublichearingdate2HANDDELIVEREDtoadjoiningandabuttingpropertyownersAreceiptsignedbytheadjoiningandabuttingpropertyowneracknowledgingthetwentyfive25daynoticeshouldbekeptforverificationthatthenoticewascompletedREALIZETHEBURDENOFPROOFFORALLNOTICESISTHERESPONSIBILITYOFTHEAPPLICANTAGAINTHISTASKMUSTBECOMPLETEDATLEASTTWENTYFIVE25DAYSPRIORTOPUBLICHEARINGDATETheapplicantunderstandsthatdocketnumberswillnotbeassiqneduntilallsupportinginformationhasbeensubmittedtotheDepartmentofCommunityServicesPage2of5 uuCARMELCLAYBOARDOFZONINGAPPEALSCARMELINDIANADocketNo08020019VPetitionerNorthMeridianMedicalPartnersOneLLCRequestVarianceof25070210dMaximumHeiqhtofGroundSiqnMulitTenantMultiLevelBuildinqFINDINGSOFFACTDEVELOPMENTSTANDARDSVARIANCE1TheapprovalofthisvariancewillnotbeinjurioustothepublichealthsafetymoralsandgeneralwelfareofthecommunitybecausetheproposedmonumentgroundsignwillprovidenecessaryidentificationtopatientsandvisitorstotheNorthMeridianMedicalPavilionbuildingsandthesignhasbeendesignedandlocatedonthesitewithanorthtosouthorientationtominimizeanyeffectontheadjacentresidentialdevelopmenttothewestandacrossIllinoisStreet2TheuseandvalueoftheareaadjacenttothepropertyincludedinthevariancewillnotbeaffectedinasubstantiallyadversemannerbecausethedesignandthelocationofthesignhasbeenmadetominimizeanyeffectontheadjacentareaandisconsistentwiththegroundsignageusedintheUS31Corridortoidentifytenantsinmedicalofficebuildings3ThestrictapplicationofthetermsoftheZoningOrdinancetothepropertywillresultinpracticaldifficultiesintheuseofthepropertybecauseitisessentialthatthepatientsandvisitorstothemedicalofficebuildingsbeabletolocatethebuildingswheretheirhealthcareprovidersarelocatedandwallsignagefacingIIinoisStreetandtheresidentialdevelopmenttothewestisnotencouragedDECISIONITISTHEREFOREthedecisionoftheCarmelClayBoardofZoningAppealsthatDevelopmentStandardsVarianceDocketNO08020019VisgrantedsubjecttoanyconditionsstatedintheminutesofthisBoardwhichareincorporatedhereinbyreferenceandmadeaparthereofAdoptedthisdayof2008CHAIRPERSONCarmelClayBoardofZoningAppealsSECRETARYCarmelClayBoardofZoningAppealsConditionsoftheBoardarelistedonthebackPetitionerorhisrepresentativetosign uuCARMElCLAYADVISORYBOARDOFZONINGAPPEALSCARMELINDIANADocketNo08020027VPetitionerNorthMeridianMedicalPartnersOneLLCRequestVarianceof25070210bNumberTypeofSinqsMultiTenantMultiLevelBuildinqFINDINGSOFFACTDEVELOPMENTSTANDARDSVARIANCE1TheapprovalofthisvariancewillnotbeinjurioustothepublichealthsafetymoralsandgeneralwelfareofthecommunitybecauseTheproposedadditionalmonumentgroundsignwillprovidenecessaryidentificationtopatientsandvisitorstotheNorthMeridianMedicalPavilionbuildingsfromIllinoisStreetamajorthoroughfareadjacenttotheproperty2TheuseandvalueoftheareaadjacenttothepropertyincludedinthevariancewillnotbeaffectedinasubstantiallyadversemannerbecauseThedesignandlocationofthesignhasbeenmadetominimizeanyeffectontheadjacentareaandeliminatestheneedforwallsignagethatwouldfacetheresidentialdevelopmentstothewest3ThestrictapplicationofthetermsoftheZoningOrdinancetothepropertywillresultinpracticaldifficultiesintheuseofthepropertybecauseWithoutthisadditionalgroundsignpatientsandvisitorswouldbedeprivedofessentialandappropriateidentificationofthehealthcareproviderslocatedintheNorthMeridianMedicalPavilionbuildingsDECISIONITISTHEREFOREthedecisionoftheCarmelClayBoardofZoningAppealsthatDevelopmentStandardsVarianceDocketNoisgrantedsubjecttoanyconditionsstatedintheminutesofthisBoardwhichareincorporatedhereinbyreferenceandmadeaparthereofAdoptedthisdayof2008CHAIRPERSONCarmelClayBoardofZoningAppealsSECRETARYCarmelClayBoardofZoningAppealsiConditionsoftheBoardarelistedonthebackPetitionerorhisrepresentativetosignPage5of5 uvNotesColorsshownarerepresentativeonlyandarenotintendedforpurposesofexactmatcl1lng80OverallWidthHHNorthMeridianIMedicalPavilionI12188AB70CabinetWidthI7YzTyP1rIL1258loTypLTenantTwoTtThreiIF@lr@ITiQI6TypITenantOneIIij1JUDUDW@1f@@ITIIU1JU1JW@1f@ITD@ITD12SkirtIPage1of1Option1ATOPIDSECTIONROUTEDALUMINUMFACEWITHDUALCOLORBLACKWHITECOPYTENANTSECTIONSTRANSLUCENTWHITEACRYLICFACESWITHVINYLCOPYCOLORSTBDBYTENANTQ0rC12Cc0uJQiil0C0ECt1l1tlC0COII0Q00ClISTALEYSIGNSINCPOBox515IndianapolisIN46206Tel3176374567Fax3172210123wwwstalcysignscomThisrenderingiseStaleySignsInesubmittedforuseinconnectionwiththestatedprojectDisplayDistributionorDuplicationwithoutpriorwrittenconsentIsstrictlyprohlbnedCustomerNorthMeridianMedicalPavilionProjectExteriorDoubleFacedMonumentSignwITenantPanelsDrawn011222008ByVARoemerRevisionlOl12312OO8NamePage1of11AOptionScalel0 uCityofCarmelCarmelBoardofZoningAppealsRegularMeetingMondayMarch242008TheregularlyscheduledmeetingoftheCarmelBoardofZoningAppealsmetat600PMonMondayMarch242008intheCouncilChambersofCityHallCarmelIndianaTheIneetingopenedwiththePledgeofAllegianceMembersinattendancewereKentBroachLeoDierckmanJamesHawkinsEarlenePlavchakandMadeleineTorrestherebyestablishingaquorumChristineBartonHolmesRachelBooneandMikeHollibaughrepresentedtheDepartmentofCommunityServicesJohnMolitorLegalCounselwasalsopresentMrDierckmanmovedtoapprovetheminutesoftheFebruary252008meetingassubmittedThemotionwassecondedbyMrHawkinsandAPPROVED50uMrsBartonHolmesgavetheDepartmentReportItems67hUnitedStatesTennisAssociationItems1314hNorthviewChristianLifeChurchItemsl527HShidelerDermatologyandItems1920hPrairieTraceSoftballComplexhaverequestedtobeTabledtotheApril282008meetingItems12hNorthMeridianMedicalPavilionisrequestingawaiverforPublicNoticeThenoticetotheadjacentpropertyownerswassentinthepropertimeframehoweverthesignwasposted4dayslateandthenoticeintheIndianapolisStarwasonedaylateTheydidmeetthe10dayStaterequirementforalltheirpublicnoticesMrDierckmanmovedtowaivethe25daypublicnoticeforItems12hNorthMeridianMedicalPavilionThemotionwassecondedbyMrHawkinsandAPPROVED50MrMolitorgavetheLegalReportThereisanoutlineofatentativesettlementagreementforthependinglitigationwithMartinMariettaHewashopefultoscheduleanExecutiveSessionwiththeBoardmemberswhoareinvolvedinthecaseinordertodiscussitinadvanceoftheApril28BZAmeetingStaffandrepresentativesofMartinMariettahadtentativelyagreedthatthemattershouldbeheardbytheBoardonApril28AsofyethehadnotreceivedadefinitiveagreementtocirculatetotheBoardmembersWhenhereceivesthathewouldliketoscheduleanExecutiveSessionassoonaspossibletoreviewthesettlementagreementandthestatusofthecasebeforetheApril28meetingMrHawkinsaskedifMartinMariettawouldberequiredtorenoticeMrMolitorconfirmedtheywouldneedtorenoticethepetitionUHPublicHearingI2bNorthMeridianMedicalPavilionSignageTheapplicantseksthefollowingdevelopmentstandardsvarianceapprovalPage1of18 Carmel Board of Zoning Appeals Regular Meeting March 24 2008 Docket No 07080011 V SedloR 25 07 02 10 Number of sigHS faeing RO Bldg LADeeketNe07080012VSedleR25070210NumherofSigHSfaeiBgROBldgB Docket No 08020019 V Section 25 07 02 10 Sign height Docket No 08020027 V Section 25 07 02 10 Number of signs The site is located at 12188 N Meridian St and is zoned B 6 Filed by Paul Reis of Bose McKinney Evans LLP for North Meridian Medical Pavilion WITHDRAWN WITHDRAWN o Mr Broach recused himself Present for the Petitioner Paul Reis Bose McKinney Evans Dave Campbell Property Manager for Lauth Property Group and Andy Klineman Legal Counsel for Lauth A site plan of the North Meridian Medical complex was shown The second building is nearing completion This parcel is between US 31 and Illinois Street The first variance is to increase the height of the ground sign from the permitted 6 feet to 12 feet The second is to allow additional tenant identification In 2004 prior to the construction of Illinois Street Lauth obtained a variance to allow two identification signs on the US 31 fac ade of each building However with the construction of Illinois Street people are using Illinois Street to access the site Therefore because of the health care providers that will be located in the buildings it is imperative to have adequate and appropriate signage Originally they had proposed to have additional wall signs on the Illinois Street fac ade However following extensive discussions with the Department and the residents of the neighborhood directly to the west they amended their request to allow for one ground sign with tenant identification in lieu of the wall signs that would have faced directly to the west The current wall signage was also shown The 10catioi1 and orientation of the lJnewproposedgroundsignwerechosentominimizetheimpactontheresidentialareastothewestas well as to maximize the readability for the patients and visitors The sign will face north and south The edge of the sign will face the residential areas to the west Pictures of the location were shown along Illinois with the brick wall berm and trees and the grade of the road A rendering of the proposed sign was shown The sign was designed to maximize readability of the tenant names It is internally illuminated They do not anticipate any light migration into the residential areas The sign face area is 75 square feet Although the sign structure is taller the sign face is within the allowable 75 square feet They felt the sign design was consistent with and complimentary to the buildings as well as the other developments in the US 31 Overlay They do not feel there will be any adverse affect on the surrounding area An aerial photograph indicating the various property owners was shown There is no residence closer than 640 feet to the sign The parcel directly west of the sign is under construction Mr Small s residence has significant tree buffering and there is a tree buffer along the undeveloped parcel The other residences primarily view to the southeast so they would not be looking directly at the sign Members of the public were invited to speak in favor or opposition to the petition Unfavorable Edward Leer 12267 Creekwood Lane He indicated his property on the aerial photograph He is the farthest away from the sign area Because the other homeowners could not attend he was their UI repres entative He represented Kevin Pahud and Tom Spahn as well as Greg Small He had an email from Mr Small There has not been a lot of positive history for this project The biggest thing the homeowners have asked for is privacy and security They had initially asked for a fence and a higher berm with a lot more trees The berm is much smaller now and the trees are very sparse in some areas He can see the parking lot from his house A lot of the trees are deciduous so there is no blockage in the wintertime When they signed off on it it was to have a higher berm and more trees Page 2 of 18 u u u Carmel Board of Zoning Appeals Regular Meeting March 24 2008 and there was to be no signage on this side They are now asking for signage He felt if they wanted the signage they should increase the berm and the trees Rebuttal Mr Reis hoped that powers of attorney had been filed for Mr Leer to represent the other residents Other than that Mr Leer was speaking for himself He believed there was a letter submitted by Mr Small for the record With regard to the construction of the road the berm and the trees that was performed by the City of Carmel in connection with the Illinois Street project Lauth does not own the property They would need to go to the City for any changes to be made They have never had control of that property As far as the sign it is very important for the healthcare providers within the buildings The access to these buildings from a small frontage road is not ideal Most of the people are now using Illinois Street to access the site Therefore the tenants feel identification is critical They also believe that the use of the ground sign is a much better way to provide the necessary identification He did not believe the use of the ground sign would have any affect on the adjacent neighborhood The buildings are there and visible but that is a fact of the development along the US 31 Overlay Zone Dave Campbell Property Manager for the location Given the demographics of the population coming to the existing building as well as the one to be finished shortly it is really imperative that patients driving north or south be able to find the building Since they are not able to put signage on the exterior there is nothing that calls or directs their attention to the building The current ground signage can be difficult to see because of the undulations of the road From the pictures he was surprised that Mr Leer said he could see the sign He had driven through Mr Leer s subdivision as well as the subdivision to the south Spring Lake Estates for the purpose of looking at their views He was not able to see because of the brick wall that had been installed along Spring Lake Estates He felt the pictures showing the berm and trees were very representative of what would be seen from Mr Small s lot as well as the lot to the south He felt what Lauth Property was asking for was very important to getting patients to the property This sign would be a very good compromise since they are not permitted wall signage The Public Hearing was closed Miss Boone gave the Department Report The Department has worked very hard with the applicant for a compromise The original request was for four 4 wall signs facing Illinois Street two 115 square foot signs on each building This 12 foot ground sign which is less than 75 square feet is a considerable compromise The Department supported the ground sign However they felt it was a little too tall The Department had suggested 8 to 10 feet tall with the four tenant names as originally requested instead of the six tenants now requested The variance for the number of signs is required because the applicant had previously requested a variance in 2004 to relocate the signage that would have been allowed for Illinois Street to face US 31 instead The Department recommended positive consideration after all concerns have been addressed Mr Molitor thought the Findings of Fact included in the Department Report had the not s reversed Number 1 should say The approval of this variance will not be injurious to the public health safety morals and general welfare of the community Number 2 should say The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse mallller Number 3 should say The strict application of the terms of the Zoning Ordinance to the property will vesult in practical difficulties in the use of the property Page 3 of 18 Carmel Board of Zoning Appeals Regular Meeting March 24 2008 Mr Dierckrnan asked Mr Reis about his comment regarding power of attorney for the neighbors Mr lJLeerhadtalkedwithhisneighborsthatcouldnotmakeittothemeetingandbeenaskedtostatetheir opinions He did not think they had ever had power of attorney before for any neighbor that was trying to be a good neighbor Mr Reis stated Mr Leer stated he was speaking as a representative of the neighborhood but it is not an organized group and he is not the President of the homeowners association From a legal standpoint someone should have a piece of paper stating he was speaking on their behalf He would defer to Mr Molitor It is one thing for one person to come in and say he is representing five or six people But absent some type of authority he would think they were speaking for themselves not necessarily anyone else Mr Dierckrnan asked if the letter the Board had received from Mr Small should be read into the record His moved to table this item until Mr Small could attend He was uncomfortable because Mr Reis was trying to legalize the process when Mr Leer was trying to be a good neighbor Mr Reis had no problem with Mr Small s letter Mr Dierckman stated they had waived the rule for public notice to hear this item at this meeting Now there is concern about the legality of one neighbor helping another neighbor Waiving the rules might be hurting the public Mrs Torres asked if Mr Leer had an email or something from Mr Small D Mr Leer read the email from Greg Small dated Monday March 24 at 12 23 pm to Kevin Pahud Tom Spahn and Ed Leer Copy attached to minutes Excerpts The most impact would be on Tom Spahn and Kevin Pahud The argument could be the prior agreement did not allow for signage This was not in the spirit that was represented to the neighbors Lauth needed the neighbors consent for the rezone from residential to commercial The current berm is only six feet and without a solid screen along Illinois they will be able to see the sign from their back yards He asked the sign height be reduced from twelve to eight feet or provide a solid screen along all of Illinois with a six foot wood fence or two rows of spruce trees The developer could come back with a landscape plan to be adopted into the minutes Mr Molitor stated the rules do not strictly require the renlonstrators enter an appearance on behalf of neighborhood groups He felt the statements spoke for themselves The remonstrators did not ask for a further continuance It would be up to the Board to vote for a continuance when someone else mayor may not be able to attend Mrs Plavchak asked who was actually responsible for the berm Miss Boone stated the City was responsible for the berm It may have been changed with the construction of Illinois Street lJMrsPlavchakfelttheimpressionhasbeenthatLauthdidnotliveuptotheiroriginalcommitmentto provide adequate buffering and landscaping However they may have and it was taken down with the construction of Illinois Street Can Lauth plant trees on property it does not own Regarding the sign realistically if someone is driving north or south on Illinois and looking for their doctor s office they Page 4 of 18 u u u Carmel Board of Zoning Appeals Regular Meeting March 24 2008 would see the big letters with the name of the building and probably the top two tenants Realistically they would not be able to read tenants five and six Hopefully if someone has an appointment with their doctor they would be given the building number Then they could look at the board on the inside of the building to find their doctor Mr Dierckman pointed out the applicant had obtained a variance in 2004 to relocate the signs allowed for Illinois Street to face US 31 Mr Reis stated they could only have one sign on each building facing US 31 because they could only have signage on one public street The variance in 2004 was to allow two tenant identification signs on each building along US 31 Mr Dierckman still felt it should be tabled but there was not a second to his motion He felt the extra feet did create a visibility issue He thought eight feet or less would be adequate for signage Everybody knew when the 2004 variance came through that Illinois Street would be put in So the variance would forego the right for Illinois Street signage Now there is a variance to ask for more signage He did not have a problem with the name of the development but individual signage for each tenant was pushing the envelope Anything larger than eight feet was damaging to the neighbors There was no compelling reason for this variance after a variance was already granted to eliminate the signage on Illinois Street Mr Reis asked for clarification for the eight feet Was the recommendation for eight feet overall or eight feet for the sign face Mr Dierckman felt the top with the name and address of the buildings was most compelling Miss Boone believed the top with the name and address appeared to be about two feet Mr Hawkins agreed with Mr Dierckman He felt twelve feet exceeded his comfort level As Mrs Plavchak stated the name of the fifth tenant would be a challenge to read as people drove by and tried to absorb all of the sign Andy Klineman with Lauth Property Group On of the reasons they talked about the twelve feet was the dips in the road He felt they could agree to ten feet With the dip in the road they lose the bottom part of the sign The people who come to these buildings do not com e on a regular basis for early morning surgery or to see a doctor Therefore they felt with the dip in the road the twelve feet sign was more appropriate Mrs Torres asked how this signage was consistent with the US 31 corridor Miss Boone stated that signs located within fifty 50 feet of the right of way can be a maximum of six feet tall In the US 31 overlay a larger sign is permitted if the building is further back from the right of way for the road But for this location it cannot be taller than six feet This is not a retail corridor with most tenants having signage but an office corridor with one or two tenants per building Mrs Torres felt that six feet was high enough At the St Vincent campus on 86th Street half of the buildings do not even have a sign They just have a number for the building These buildings on Illinois Street are pretty substantial and easy to find Page 5 of 18 Carmel Board of Zoning Appeals Regular Meeting March 24 2008 Mr Hawkins asked if the Petitioner wanted to reconsider the sign height If not perhaps this should be lJtabledandallowtheneighborspropernoticetoprovideinput Mr Reis stated they would agree to eight feet The notice to the neighbors was sent within the required time by certified mail When they were told at the February meeting to re notice the meeting the deadline for the Indianapolis Star had passed and they missed it by a day They also had to order a public notice sign In answer to Mrs Plavchak all the landscaping that Lauth was required to put in for the development has been installed That was not affected by the road construction The road was designed and put in by the City They would have to go to the City to ask to work on the landscaping and berm It would be an encroachment Mr Reis amended the variance Docket No 08020019 V for maximum height of the ground sign from 12 feet to 8 feet and the number of tenants would be four Mr Dierckman moved to approve Docket Nos 08020019 V and 08020027 V North Meridian Medical Pavilion Signa ge as amended The motion was seconded by Mrs Plavchak and both were APPROVED 4 0 Mr Broach rejoined the Board 3h Furry Family Veterinary Office Use Variance The applicant seeks the following use variance approval Docket No 07120006 UV Appendix A Use Table The site is located at 3309 East 146th Street and is zoned R l Filed by Mary Marcotte owner Office uses in residential district Present for the Petitioner Dr Mary Marcotte She would like to operate a small veterinary office In 2003 and 2004 her requests were denied when this was her primary residence In 2004 she opened a veterinary clinic in Noblesville Since 2003 there have been dramatic changes along 146th Street A lot of commercial has been established along the corridor To the west is the Clay Terrace multi million dollar outdoor mall followed by a strip mall with Fresh Market Cardinal Fitness and soon LA Fitness a bank multiple restaurants and several businesses To the east are Salsbery Brothers Landscaping and the strip mall at 146th Street and Gray Road with Walgreen s and Huntington Bank on the north and Vine Branch Tree Service on the south Further east on the comer of 146th Street and Hazel Dell is Fifth Third Bank and Riverview Medical Pavilion on the south side Carmel side and across the street is Noble West with Kroger and a strip center There is now an exit from 1 69 onto 146th Street to the east and an exit from Keystone Avenue to the west All these changes have dramatically increased the traffic along 146th Street According to the Highway Department the traffic has increased from 17 000 cars per day in 2004 to 30 000 cars per day in 2006 She could only estimate it would be greater than 30 000 cars per day in 2008 The property to the west is owned by a church with plans to build their sanctuary Immediately across the street is over 40 acres that has been rezoned commercial with tentative plans for a gas station strip mall and fast food restaurants These changes to the surrounding properties have made this an impractical location for a single family home Currently the noise pollution from the dump trucks and cement trucks make the front bedroom and the living roonl virtually unusable They cannot have a conversation or watch TV in either of these rooms One of the most important factors when they decided to move was the issue of safety Although it is zoned as a residence theroce is no way to provide a safety barrier for pets due to the proximity of the County right Page 6 of 18 u lJ