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HomeMy WebLinkAboutMinutes BZA 06-24-1985 -- , ClRMEL BOARD. OF ZONING APPEALS MINUTES - JUNE 24, 1985- 167 i"'"-"'-' i:' The regular meeting of the Board of Zoning Appeals was called to order by the chairman, Warren Saunders, at 7:02 P.M. June 24, 1985 at the City Meeting Hall. The meeting opened with the Pledge of Allegiance , Roll was called and all members were present as follows: Warren Saunders, Jeanne Book (arrived 7:25h Bill McFadden, Ila Badger (arrived 7:30) and .' . Richard Dowell. . Staff members in attendance were: Kurt Woerner, Gordon Byers and Rosalind McCart. There were no additions or corrections to the minutes of the May 29. 1985 meeting and Mr. McFadden moved that they be approved as submitted. Seconded by Dr. Dowell. Motion carried. Mr. Woerner related that agenda item 1h had not been properly noticed. Rev. Saunders read the options from the Rules of Procedure: 1) suspend the rules and table or 2) leave alone and the petitioner will have to reapply. Mr. ~cFadden moved to suspend the .rules and table for 30 days. Motion lost for lack of a second. Dr. Dowell moved to dismiss for lack of prosecution. Seconded by Mr. McFadden. Motion carried 3to o. H. Public Hearin~s 1h. 7:00 P.M., Public Hearing on Docket No. S 16-85. Special. Use Appli- cation 'for Woodchase at Keystone Apartments. Project consists of 292 units on 33.91 acres on the north side of 96th St. and west of Lake- shore Dr. in B-3 zoning. Tabled in May at petitioner'S request. Filed by Doug Church for WOcidsage Development,. This item was dismissed for lack of prosecution. 2h. 7:00 P.M., Public Hearing on Docket No. S 21-85, Special Use Appli- cation for a 5 acre pond to be located on 49.18 acres located at 4509 W. 131st Street in S-l zoning. Filed by Gary and Nancy Hutton. The public hearing opened at 7:12 with Nancy Hutton making the presentation for a 5 acre pond for the purpose of preserving natural resources, wild life and for family enjoyment. Gene Ross, E. 500 South, Zionsville, stated that the natural drain through the land will help control erosion as well as serve as a sanctuary for wild life. Mr. Woerner gave the Technical Advisory Committee report which recommended approval as presented. . . A letter from E. V. Schaffer, M.D., stating support of the project. was read by the secretary and is a part of the official minutes and attached to the master copy. The public hearing closed at 7:15. Dr. Dowell moved that Docket No. S 21-85 be approved. Seconded by Mr. McFadden. Findings of fact were completed by members. The motion carried 3 to O. 3h. 7:00 P.M., Public Hearing on Docket No. V 22-85. Renewable Variance Application to allow for placement of mobile home on 40 acres located at 655 W.14lst Street in S-l zoning. Filed by George Hall. The public hearing opened at 7:18 with Mr. Hall making the presentation for ~the placement of a mobile home as a part time residence to help assist his mother and to help in the upkeep of the family property. Leon Hall. Orchard Park, S. Dr.. spoke in support of the request. Sam Ritter, 13457 Six Points Rd., related that this is an area developed \- - 1 g~L BOAIU> OF ZONING APPEALS MINUTES - JUNE 24, 1985 ~nto nice homes and he hates to see a trailer come into this area. Ritter said he feels that it would be wrong to allow it. J. Warren Harvey, 13531 Six Points Rd., stated opposition to trailers there. A letter from Charles.-,-L.'Middleton, stating opposition to the petition; was read and is a part of the official minutes and attached to the master copy. _ Fred Graham, adjacent property owner, stated that the petitioners live back off of the road and that he has no objection to the placement of the trailer there. Mr. Graham said he feels they deserve better than to be told they cannot put a mobile home there in order to help their mother. Staff recommends approval on an annual basis. The public hearing closed at 7:30. Mrs. Book moved that V 22-85 be allowed for a period of one year. Seconded by Dr. Dowell. Findings of fact were completed by members. The motion carried 5 to O. 4h. 7:00 P.M., Public Hearing on Docket No. V 23-85, Developmental Variance Application to allow for omission of curbs in certain of parking lot at proposed building at 435-449 Gradle Drive in zoning. Filed by Wm. Sollenberger. The public hearing opened at 7:J7 with Mr. Sollenberger making the present~ ation for an office-warehouse plan. Mr. Sollenberger said they would like relief from all the required curbing. They have a detention area for drainage. Areas for curbing were shown. Mr. Woerner gave the Technical Advisory Committee report which recommended approval. Mrs. Badger stated that curbing is required there by Ordinance and gave the various reasons for this curbing requirement. The public hearing closed at 7:45. Dr. Dowell moved that V 23-85 be approved. Seconded by Mr. McFadden. Findings of fact were completed by members. Motion carried 3 For, 2 Against (Mrs. Book and Mrs. Badger voting NO). She 7:00 P.M., Public Hearing on Docket No. V 24-85; Developmental Stand- ards Variance Application for reduction of required rear yard at 26 Wilson Drive in R-2 zoning. Petitioner wishes to construct a green- house to enclose an existing swimming pool. , Filed by Barbara Connolly. The public hearing opened at 7:50 with Anthony Andres, 817 Alwyne Rd., mak- ing the presentation to install an acrylic greenhouse covering over the swim- ming pool for the use of the pool year round. A drawing and a picture of the acrylic covering were shown. The acrylic structure is about 9 ft. in height. Glenn Renner, 9530 Park Ave., who is furnishing the greenhouse covering, was present. Beth Jackson, 715 Emerson, stated her only concern is that they do leave the fence in place for privacy. Mr. Woerner stated that the pool is grandfathered per the 1966 Ordinance. All notices were made to surrounding property owners. The public hearing closed at 7:56. Mrs. Book moved that V 24-85 be granted as requested. Seconded by Mr. McFadden. Findings of fact were completed by members. Motion carr~ed 5 to O. I. Old Business Page ~_ .,.. -c.:_....... Mr. \ Standards areas I-I i ~~EL BOARD OF ZONINGA~PEALSMINUTES - JUNE 24,1985 ,~pagel~g lie Board to consider Docket No. BA 2-68, Renewable Variance request for mobile home security office for American Aggregates at 10851 N. River Road ih S-l zoning. Filed by Wende Gorder. Mr. Don Perkins, N. River Rd., and resident of the trailer, made the ___presentation for renewal of the trailer for security purposes. No complaints were in the file. Mrs. Book moved that BA 2-68 be granted as requested for a period of one year. Seconded by Mr. McFadden. Findings of fact were completed by members. Motion carried 5 to O. J. New Business lj. Board to consider request to replace Fidelity Bank sign at Marsh Mall, 502 E.Carmel Dr. in B-8 zoning with "Union Federal Savings". (A con- dition of variance approval in 1981 requiresBZA approval of any changes. ) Mr. Woerner gave the background of this item referring to the 1981 minutes calling for BZA approval of any changes. They are presently changing banks and that is what is before the Board this evening. Trent Williams made the presentation for the Union Federal Savings sign. Drawings were shown. Mr. Woerner stated that it does comply with the Sign Ordinance when viewed in light of the Variance granted inl98l. . The sign will be internally lighted and will have white individual acrylic letters and it will fill the exact space where the Fidelity Bank sign was on the front of the store. Mr. McFadden moved to approve the Union Federal Savings request to change their sign on the Marsh Mall at 502 E. Carmel Drive. Seconded by Mrs. Book. Mrs. Badger requested that the minutes show that the sign color will be identical to the. existing colors used in the Sign Package for Marsh Mall with an approximate 32 sq. ft. total. The vote was unanimous for approval (5 to 0). Regarding item lh, Woodsage, Mr. Byers sai'd he had reviewed the Rules and Procedure and asked if the Board wished to reconsider its decision to dismiss for lack of prosecution. Mr. Woerner stated that there has been an amendment filed and the revised plans have been submitted. Legal notice was .not sent out by the petitioner for this meeting. Rev. Saunders stated that the Board did exercise its disgression regarding this matter. Mrs. Badger commented regarding the curb situation and her concern for starting aprecident for eliminating curbs in Founder's Park. There being no further business to come before the Board, Mrs. Book moved to adjourn. . Seconded by Dr. Dowell. Meeting adjourned. Chairman Secretary --~-- ---- ._----~---~--_._---~--~~