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HomeMy WebLinkAboutMinutes BZA 08-28-89 97 . 'Ii. t" CARMEL BOARD OF ZONING APPEALS MINUTES - AUGUST 28, 1989 1 ~... :.... The regular meeting of the Ca~el Board of Zoning Appeals was brought to order by Ila Badger, Vice President, on August 28, 1989 at the City Meeting Hall at 7:05 P.M.. The meeting was opened with the Pledge of Allegiance. The members present were: Ila Badger, Vice President, James Miller, and Jeff Davis. Gilbert Kett and Hal Thompson were absent. The staff members present were: Rick Brandau, Dave Cunningham, Terry Jones and Dorthy Neisler. Mr. Jeff Davis moved to approve the July 24, 1989 minutes as submitted. Mr. Miller seconded. Approved 3-0. G. PUBLIC HEARING: These items were tabled at the June and July meeting per the petitioner's request. 19. 7:00 P.M., Public Hearing on Docket Nos. SV 48-89 and SV 49-89 Developmental Standards Sign Variance Applications for Blockbuster Video located at 536 E. Carmel Dr., Carmel. Petitioner is requesting variances from sections 25.7.04-1(c)iii and 25.7.04-1(c)vi. to allow signage that exceeds the maximum allowable sign area and does not comply with the unified center requirements set by the Carmel/Clay Sign Ordinance. Parcel is zoned B-8. Filed by Douglas B. Floyd, Attorney for Blockbuster Video. THIS ITEM HAS BEEN WITHDRAWN Items 2g. and 3g. were tabled by the board per the petitioner's request, at the July meeting. 2g. 7:00 P.M., Public Hearing on Docket No. SV 52-89 a Developmental Standards Sign Variance Application for Allen Travel Service, Inc. located at 11711 N. Pennsylvania Ave., Suite 113, Carmel. Petitioner is requesting to vary from section 25.7.04-1(f).viii of the Carmel/Clay Zoning/Sign Ordinance to allow an illuminated window sign. Parcel is zoned B-2. Filed by Michael L. Walker of Allen Travel Service, Inc. THIS ITEM HAS BEEN WITHDRAWN. ,..... y?; CARMEL BOARD OF ZONING APPEALS MINUTES - AUGUST 28, 1989 2 ~ 3g. 7:00 P.M., Public Hearing on Docket No. SU 55-89 a Special Use Application for the Porter Paint Co. and J their proposed new business location at 10111 N. Michigan Rd. Petitioner is requesting special use approval to remodel an existing 9736 square foot structure. Parcel is zoned B-3 and within U.S. 421 Overlay zone. Filed By E. Davis Coots, Attorney for the Porter Paint Co. The public hearing was opened at 7:12 P.M. Ms. Sheila Marshall, Attorney, 255 E. Carmel Drive, Carmel, made the presentation, a copy which is on file at the Carmel Department of Community Development. Mr. Gene Helm from Porter Paints was present. A letter from the Hamilton County Health Department was presented; a request is to seek approval of the existing septic system making sure it is adequate to serve the facility located at 10111 Michigan Rd. (formally the North American Roofing Co.), (which is a part of the official minutes and attached to the Master Copy). An elevation and a site plan was displayed. The petitioner has agreed to rename the easement to an U & D Easement and extended to the R!W, is preparing a perimeter U & D easement. Also, need a cross easement for the entrance of that property, Marathon Oil and Porter Paint (formerly North American Roofing) since both use the same entrance. However, there was no legal easement prepared by either of them. And so, the petitoner will prepare a cross easement, a recordable agreement for the installation of sidewalks. They will put that in a form that can be recorded by the City along with the non-opposition annexation, the petitioner covenant that it will not be greater than a 1:10 slope ratio. A letter has been received from Hamilton County Health Dept. with respect to the adequacy o~ the septic system. There were no comments from the public at this time. I I -..l The public hearing was closed at 7:18 P.M. Mr. Davis moved to approve Docket No. SU 55-89 as presented Mr. Miller seconded. Approved 3-0. 4g. 7:00 P.M., Public Hearing on Docket No. SU 56-89 a Special Use Application for Goodwill Industries of Central Indiana, Inc. and st. Peter United Church of 99 ;_:- /'; ',. CARMEL BOARD OF ZONING APPEALS MINUTES- AUGUST 28, 1989 3 Christ, located at 3106 East Carmel Drive, Carmel. Petitioners are requesting special use approval to construct a free standing pre-manufactured structure for the collection of used merchandise. Parcel is zoned R-1. Filed by George E. Galyean of Goodwill Industries of Central Indiana, Inc.. THIS ITEM HAS BEEN TABLED PER THE REQUEST OF THE PETITIONER UNTIL THE SEPTEMBER 25, 1989 REGULAR MEETING. ITEMS 5g. AND 6g.MAY BE HEARD TOGETHER. 5g. 7:00 P.M., Public Hearing on Docket No. SU 57-89 a Special Use Application for Indiana Lumberman's Insurance Agency, Inc. d/b/a Fessler Insurance, located at 1036 South Range Line Road, Carmel. Petitioner is requesting special use approval to remodel the existing structure and construct an addition containing approximately 3200 square feet (proposed require a variance, see next agenda item). Parcel is zoned B-3. Filed by James J. Nelson, Attorney for Indiana Lumberman's Insurance Agency, Inc. d/b/a Fessler Insurance. 6g. 7:00 P.M., Public Hearing on Docket No. V 58-59 a Developmental Standards Variance Application for Indiana Lumberman's Insurance Agency, Inc. d/b/a Fessler Insurance, located at 1036 South Range Line Road, Carmel. Petitioner is requesting a variance from sections 14.3.3 and 14.3.5 of the Carmel/Clay Zoning Ordinance to allow a reduction in the minimum side yard and minimum rear yard setback from 30 feet to 20 foot and 10 foot respectively. Parcel is zoned B-3. Filed by James J. Nelson, Attorney for Indiana Lumberman's Insurance Agency, Inc. d/b/a Fessler Insurance. The public hearing opened at 7:19 P.M. Mr. Jim Nelson, 3663 Brumley Way, Carmel, IN, made the presentation, a copy which is on file at the Carmel Department of Community Development. Mr. Mike Monday, President of Fessler Insurance and Mr. Chris White of Paul I. Cripe, Inc. were present. Booklets were passed out to all board members. An aerial photograph, a site plan, and an artists rendering were presented. - tUO CARMEL BOARD OF ZONING APPEALS MINUTES - AUGUST 28, 1989 4 A letter was submitted from Marketing Services of Indiana,. Inc. stating they have no objections to the plan as proposed (it is a JI part of the official minutes and attached to the Master Copy). There were no comments from the public at this time. The public hearing was closed at 7:34 P.M. Mr. Miller questioned if the additional sewer and water availability from the BPW had been applied for? Mr. Nelson stated that we are scheduled for the Board of Works to apply for more capacity. Mr.. Davis questioned if the parking spaces were adequate? Mr. Nelson stated that he feels the parking spaces are adequate and it does meet the requirements. Mr. Miller moved to approve Docket No. V 58-89 as presented. Mr. Davis seconded. Approved 3-0. Mr. Davis moved to approve Docket No. SU 57-89 as presented. Mr. Miller seconded. Approved 3-0. 7g. 7:00 P.M., Public Hearing on Docket No. UV 59-89 a Use Variance Application for Jerry E. & Paige N. McClure and their property located at 410 North Range Line Road, Carmel. Petitioners are requesting a use variance to allow the establishment of a retail flower and gift business within an area zone for professional offices. Parcel is zoned B-5. Filed by Paige N. McClure. The public hearing was opened at 7:38 P.M. Mrs. Paige McClure and Mr. Jerry McClure, 410 N. Range Line Road, made the presentation, a copy which is on file at the Carmel . Department of Community Development. Ms. Irene Olander, (representing her mother, Hazel Pfister) 411 1st Ave.N.W.,Carmel, stated her concern about the amount of parking, the days the business would be in use, the additional traffic and the hours of business. Mr. McClure explained the all parking will be off 4th Street, there will be 5 parking spaces. The hours will be Monday through Friday, 7:30 P.M. to 4:30 P.M. and Saturday till Noon. We will only do local advertising. The public hearing was closed at 7:46 P.M. , --' 101 ;'; ~ .. '- CARMEL BOARD OF ZONING APPEALS MINUTES - AUGUST 28, 1989 5 Mr. Miller asked if Mr. McClure would keep his office in the home and if there will be an additional sign for the office if it stays. Mr. McClure stated that the office will remain there and there will not be any signs displayed. Mr. Davis asked if the dumpster was screened. Mrs. McClure stated that it is surrounded by a 6' screen. Mr. Davis moved to approve Docket No. UV 59-89 as presented. Mr. Miller seconded. Approved 3-0. 8g. 7:00 P.M., Public Hearing on Docket No. SU 60-89 a Special Use Application for the American Aggregates Corporation and two parcels located on the west side of North Gray Road between East 106th Street on the north and East 96th street on the south. Petitioner is requesting special use approval to extract sand and gravel from the real estate and to construct thereon an artificial lake or pond. Parcel A is zoned S-1 and S- 2. Parcel B is zoned S-l and S-2. Filed by James J. Nelson, Attorney for the American Aggregates Corporation. The public hearing was opened at 7:53 P.M. Mr. Jim Nelson, 3663 Brumley Way, Carmel, made the presentation, a copy which is on file at the Carmel Department of Community Development. An aerial view, and a site plan were presented. Mr. Mike Harmon of American Aggregate and Mr. Mark Boyce of C.P. Morgan, Inc: were present. Mr. Paul Hannah, 9802 N. Gray Rd, located between 96th and property designated, asked what was going to happen to their property. Will we have to throw in this way or does it make any difference or rezoned? Mrs. Hannah asked how long before the gravel will be removed? Mr. Hannah asked if it is possible for our land to become null and void in making a free land area between one obstruction and another? Mr. Davis said he did not feel that his land would become null and void. That would not happen. Mr. Nelson stated his opinion; that would be a decision that you would have to make, today this is zoned B-3 and yours is zoned S- 1, residential also. Ours will stay residential. Mr. Nelson said it is a long process if you want to sell it for business. Mr. Nelson stated that to him it was unclear how this will be ~ 102 , , '. CARMEL BOARD OF ZONING APPEALS MINUTES - AUGUST 28, 1989 6 ultimately developed. He also suggested they monitor this area very closely. Mr. Nelson said it would take about 18 months for J the gravel to be removed. The public hearing was closed at 8:04 P.M. Mr. Davis questioned why the property is owned by two different business. Do you anticipate Williamson Run expanding into this area in the future? Mr. Nelson said that he did not have any way of knowing that. But, he did not feel this was possible due to the expense of crossing the creek. Mr. Mike Harmon stated their basic concern. If we were to develop this property, certainly into single family homes it would be the neighbor problems that we would encounter and we would run their operation on the east side of Gray Road. For me to say that we have no plans ever here, that is an untrue statement. Certainly we want to take a very cautious look at what we would do on this property. Mr. Miller asked if the staff recommendations had been addressed. Mr. Nelson said they have adopted to and will adhere to the erosion control methods that have been suggested by John South. We do not feel it is appropriate to dedicate the right-of-way at this time since they are not developing the land. A letter of commitment stating: Charles P. Morgan, Judith L. Pope, and American Aggregates Corp. will not construct or permit to be constructed on any real estate owned or leased by them, residential dwellings within 300 feet of Area 1 and Area 2 being mined pursuant to this special use, until the aggregate mining of Area 1 and Area 2 has ceased (which is a part of the official minutes and attached to the Master Copy). i -...i Mr. Rick Brandau said he and Mr. Nelson have discussed the concern we have with the property which is controlled by the petitioner and the property owners on the application. Our other concern is the plans we have on file do show the area being mined closer than 300' to the south property line in a couple of instances. However, it has been assured to us by the petitioners, that was an error in the drawings and that they would have no intentions of getting closer than 300' of the south property line. We would like to have plans that reflect that. Mr. Nelson stated the petitioner does recognize they cannot be closer than 300' to the property line. Mr. Davis explained his concern of the right-of-way. Mr. Nelson stated that Mr. Morgan did not feel the right of way was necessary at this time. There was further discussion on this matter. 1 ();j <..' ..." CARMEL BOARD OF ZONING APPEALS MINUTES - AUGUST 28, 1989 7 .....~ Mr. Davis moved to approve Docket No. SU 60-89 subject to the dedication of a 50' right of way or a recordable commitment. ~ Mr. Miller seconded. Approved 3-0. 9g. 7:00 P.M., Public Hearing on Docket Nos. SV 61-89, SV 62-89, and SV 63-89 Developmental Standards Sign Variance Applications from Griffin Real Estate Fund III and their apartment complex located at 429 Third Avenue NW, Carmel, more commonly known as Stonegate Apartments. Petitioner is requesting variances from section 25.7.02. Definitions of the Carmel/Clay Zoning/Sign Ordinance to allow three (3) internal private traffic directional signs two (2) of which are larger and taller, and all three with the complex name as part of the copy. Parcel is zoned R-4. Filed by W. Tobin McClamroch, Attorney for Griffin Real Estate Fund III d/b/a Stonegate Apartments. THIS ITEM HAS BEEN TABLED PER A DEFECTIVE NOTICE UNTIL THE SEPTEMBER 25, 1989 MEETING. 109. 7:00 P.M., Public Hearing on Docket Nos. V 64-89, V 65- 89 and V 66-89 Developmental Standards Variance Applications for John and Beth Lyons and their property located at 438 Sheffield Court, Carmel. Petitioners are requesting variances from sections 6.3.1, 6.3.2 and 25.2.1 of the Carmel/Clay Zoning Ordinance to allow a reduction from a 75 foot to a 30 foot front yard setback, and to allow a swimming pool and a six (6) foot fence to be located within a required front yard. Parcel is zoned S-2. Filed by John Lyons THIS ITEM HAS BEEN TABLED PER THE REQUEST OF THE PETITIONER UNTIL THE SEPTEMBER 25, 1989 REGULAR MEETING. 11g. 7:00 P.M., Public Hearing of Docket No. V 67-89 a Developmental Standards Variance Application for Jon H. DeHan and his pool located at 11303 st. Andrews Court, Carmel. Petitioner is requesting a variance from section 5.3.2 of the Carmel/Clay Zoning Ordinance to allow an automatic pool cover in lieu of the required six (6) foot fence. Parcel is zoned S-l. Filed by Jon H. DeHan. The public hearing was opened at 8:19 P.M. Mr. Brandauptated there was no Power of Attorney present for the 10Ll -:.0". . ,. CARMEL BOARD OF ZONING APPEALS MINUTES - AUGUST 28, 1989 8 petitioner. Mr. Mort Rolskey, Pro Caretakers, 9801 Augusta Drive, made the presentation, a copy which is on file at the Carmel Department of Community Development. Mrs. Badger questioned what size of lot is this home on? Mr. Rolskey stated it is well over an acre. Mr. Rolskey stated that there is not a landscape plan completed at this time. Mrs. Badger stated that we do need to see a landscape plan in order to vote on this. The petitioner will need to return to the next meeting. , ..- Mr. Davis moved to table Docket No. V 67-89. Mr. Miller seconded. Approved 3-0. This item has been tabled until the next meeting on september 19, 1989. Mrs. Badger read a letter received from E.A. Hilderbrand, stating they were very satisfied with the signs existing in the center at Marsh Plaza which do properly identify the various businesses (which is a part of the official minutes and attached to the Master Copy). Mr. Davis moved to adjourn the meeting. Mr. Miller seconded. Approved. 3-0. Mrs. Badger adjourned the meeting at 9:04 P.M. President Secretary