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HomeMy WebLinkAboutMinutes BZA 06-23-1986 r., 'j, 'CA!llIEL BOARD OF ZONING APPEALS MINUTES - ~ 207 .' ....J The regular meeting of the Carmel Board of Zoning Appeals was called to order by the chairman, Warren Saunders, at 1.02 P,.M., June 23,1986 at the City Meeting Hall. The meeting opened wi'th the Pledge of Allegiance. Roll was called and members present were. Warren Saunders, Ila Badger, 1 Bill McFadden and Richard Dowell. Jeanne Book was absent. Staff members in attendance were: Chuck Kiphart, Pat Hollingsworth, Gordon .. Byers and Rosalind McCart. There were no additions or corrections to the minutes of the May 28, 1986 meeting and Mrs. Badger moved that they be apprpved as submitted. Seconded by Dr. Dowell. 'Motion carried. . Mayor .Reiman was present to address the Board regarding the O'Malia Bakery sign petition and requested that Warren Saunders and Ila Badger, who are the mayor's appointments and who voted against this matter in May, reconsider this petition favorably. I. Old Business Ii. Board to consider Docket No. BA 3-78/86 for Carmel Day School for fence replacement. Tabled one. (1) month at May 28, 1986 BZA meeting. Filed by Maxine Cotton, Owner/Director Carmel Day School. Mr. Kiphart related that he was in error to put this matter on the agenda and asked that the Board dismiss the petition, from the agenda. Mrs. Badger. so, moved. ' Seconded by Dr. Dowell.. Motion carried. . 2i. . "'. , . II ,. -.... . II " 'e " . equest for mo J.lehome security office for American Aggregates at 108 1 N. River Road.in S-l zoning. r- Filed by Wende Harmon. f. Donald Perkins, River Rd., made the presentation for renewal of a residence trailer for security purposes. Mr.. Perkins lives "in the trailer and stated that the variance will be necessary as long as mining operations continue. Mr. McFadden recommended that this variance run with the petitioner so they will not have to come in every year. '; Mrs. Hollingsworth said there are no complaints in the file and that staff recommends that the variance run for as 10 as needed. Mr. McFadden moved that . I :;: .:.' " . ,~"'~. ~.. ;\ . .. ~ 's:. ,( . Secon e yMrs. Badger. . Findings of fact were completed by members. Motion carried 4 to O. 3i. Board to consider Docket No. V 16-86, Sign Variance (Sec.. 2.5.1'.04-1. ,~.. f. viii) for O'Malia Bakery 10cated at 200 S. Range Line Rd. in B-1 '. uzonlng.. Propo.sed:llluminated windowsignageis to advertise additional products for sale 'at bakery. Fil,ed py David O'Malia. . Fetltion received 'a tie vote (non-decision) at the May 28, 1986 BZA meeting. Danny O'Malia, President of O'Malia Foods, made, the presentation for .3 small illuminated signs to be .in the windows .of their bakery (1 small sign I.:,' in three differ~nt panes). A rendering was shown for. hot donuts, hot coffee and ice cream. i The signs will be turned off when the business is closed and the -hot- on " the donut sign will be on only when the donuts are fresh from :the oven. . ! David O'Malia, 1200.5 Brookshire Pkwy., general counsel for O'Malia FOQds, called attention to the purpose of the Carmel Sign Ordinance and stated they feel the signage is needed because the , building iS,over 11.5 ft. back from , "~ 200MEL BOARD OF ZONING APPEALS MINUTES - JUNE 23, 1986 Page '2' . Rang~ Line Road, and they feel this is a unique facility. Photos were passed to Board members. Ted Johnso;' , 317 Concord Ln., spoke in favor of the petition and made an appeal for this request for Old Town Carmel. ' Bill Paramore, ;Briarwood Trail, made favorable comments regarding this [, request for additional signage for a unique situation and asked that this . peti tion be approved .', Jean Atkins, llSl W. l16th St., spoke L~ favor of revising the "old town" and supporting this p~ti tion. Mrs. Atkins said ,she feels these signs are not offensive. ' James Wilson, 111 Maple Crest Dr., and JUdy Silverman, lS07 E. l16th St., spoke in support of this request. " " Frank Fleming, 331 Park Ave., said he feels this signage is needed because of their set back relating that this is a competitive thing and signage is needed for identification. Bill Armstrong, realtor, spoke of set back problems stat~,he feels, if tastefully done, this request is not offensive and is necessary for competi- tion. Mrs. Badger spoke of the issue ton.i.ght to be that the Sign Ordinance' does not allow lighted signs in windows. Danny O'Malia spoke about their difficulty in keeping this grocery store open at this location. Mr. McFadden said there is a need to compromise here. Mr. Kiphart addressed the matter stating that O'Malias have worked with staff and quality work has been done on this site. Mr. Kiphart said staff i has worked with them about minimum signage needed to make t~e business work. I Mr. Kiphart said the Board can consider these things and can grant relief from a specific situation for that one site. They need information of the retail outlet to get out to the public and it would have no adverse effect on the public to grant this signage. Mr. Kiphart related thatthe file is in r order and public notice has been met and the total sign package will be an improvement for that site and the community as a whole and recommended that , the Board vote in favor of this petition. ' Mrs. Badger asked Mr. Byers, Board attorney, if she has interpreted the Ordinance correctly. Mr. Byers said that the petitioner is here seeking a Variance and has presented the facts ~o support the request and is asking for relief from the Sign Ordinance. ' Mr. Byers stated that he does not feel the Sign Ordinance allows this signage and that is why the petitioner is here to present facts to support that he is entitled to this Variance. Mr. Kiphart said this would increase business -to the grocery store as well as help the bakery and stated further that the two are tied together and is an economic consideration. Mrs. Badger requested a recess at 8:3S. The meeting reconvene~ at 8:43 an~'~r. McFadden moved to approve, Docket No. V 16-86, Sign,.Variance for O'Malia Bakery located at 200 S. Range Line Rd., for 3 illuminated window signs to advertise additional products for sale at the bakery. Mrs. Badger asked to amend the motion to include that the lights will be turned off during non-business hours. Mr. McFadden agreed. Seconded by Dr. Dowell. Findings of fact were completed by members. Motion carried 3 For, 1 Against (Rev. Saunders voting NO). [ H. Public Hearin~s lh. 7:00 P.M., Public Hearing on Docket No. V 18-86, Renewable Variance Application to allow for the operation of a one chair beauty shop in the home l05~a,t~d at 9612 Guilford Av~. in R-l ~oniT.)g. Lot size is approximateJ1~r?~ . (Ord. Sec. 9.1 - perm~t'teC1 Uses). FlIed by Lyrl '" b~e. 7' ,.-. P , ~ CARMEL BOARD OF ZONING APPEALS MINUTES - JUNE 23, 1986 Page 3 209 , The public hearing opened at 8150 with Mrs. Lockerbie making the present- ation for a one chair J;?eau~y,.;,shop in her ho~e..,;Mp~. Lockerbie stated that her busband is ill and"she-rieeds to be at home. There will be no more than one or two cars in the driveway at anyone time. Mrs. Hollingsworth said the file is complete and that staff recommends that the Variance be granted. The public hearing closed at 8:52. Mrs. Badger moved that Docket No. V 18-86, Renewable variance Application. at 9612 Guilford Ave., be approved for a period "of two years to Linda Lockerbil Seconded by Dr. Dowell. Findings of fact were completed by members. Motion carried 4 to O. 2h. 7:00 P.M., Public Hearing on Docket No. V 19-86, Sign Variance (Sec. 25.7.04-1, b. iii, vi, 25.7.02 - Definitions: Identification Sign) for Hook's Drugs (currently Super X), 874 S. Range Line Rd., carmel Plaza Shopping Center in B-3 zoning. Variances requested: SIZE: Proposed: 183 sq. ft. . Current: 146.25 sq. ft. - Variance BA 38-80 (Super X sign) Center Sign Package (per variance) 15 sq. ft. allowed Carmel Sign Ordinance: 40 sq. ft. size allowed. COLOR: Proposed - Red and Green Center Sign Packagel brown/bronze background, ivory letters, box type structure LOGO: Proposed: 2 - one at each end - (See Definitions- 25.7.02) Filed by North American Signs. The public hearing opened at 8:53 . Noel Yarder, South Bend, Indiana, North American Sign Co., made the presentation. Bob Schmidt, 3718 Coventry Way, Hook Drug Co. employee, was present. The variance request is for color, logo and size. A color rendering of the proposed sign was m own. This is to replace the present sign and is a little larger but no taller (183 sq. ft.). The petitioner requests the green and red colors because they are Hooks identification colors, and green is the international pharmacy color. The logo is the mortar and pestle and there are 2 on the sign- one at each end. Mr. Yarder said the sign size is needed in order to be readily read from the road. Mrs. Badger called attention to the fact that Hooks merged and bought out Kroger Company and Super X and that they could use the same size signage as Super X there now. Mr. Schmidt stated that they want the larger sign. Mr. Kiphart related that the p~titioner is here for an increase in sign size and variance for color. Board members questioned the need for an increase in sign size. Staff feels it is a reasonable request and recommends approval. The public hearing closed at 9121. Mr. McFadden moved to approve Docket No. V 19-86 for Hooks Drugs, 874 S. Range Line Rd., for a 183 sq. ft. sign size, red and green in color and with two (2) logos. Seconded by Dr. Dowell. Findings of fact were completed by members. The vote was 2 For, 2 Against (Mrs. Badger and Rev. Saunders voting NO). No decision was rendered and the petitioner may return next month. Mr. McFadden moved to have a special meeting within 7 days for reconsider- ing this matter. Seconded by Dr. Dowell. , ~ I j I . -J ";; 2cl4MEL BOARD OF ZONING APPEALS MINUTES - JUNE 23, 1986 Page 4 I I 'I The vote was 2 For, 2 Against. (Mrs. Badger and Rev. Saunders voting NO). The petitioner asked if the petition could be split into 3 separate .re- quests this evening. Mr. Byers stated that the Board can allow this. Mr. Byers said that if' [ there is a substantial change then a new hearing will be required. Mrs. Badger moved to reconsider Docket No. V 19-86 because of new in- . formation brought forward this evening. Seconded by Dr. Dowell. Motion carried. The petitioner stated that they would go with the 146.25. sq. ft. of' sign- age and requested that the Board allow the color ch~es to red and green and the two logos. . The 146.25 sq. ft. of signage requested is already there and is allowed. Mrs. Badger moved that Docket No. V 19-86 for red and-green sign color as displayed this evening be granted to HOoks Drugs, Carmel Plaza Shopping Center. Seconded by Dr. Dowell. Motion carried ~to o. . Mrs. Badger moved that Docket No. 19-86, to allow 2 identical logos, be approved as presented this evening. Seconded by.Dr. Dowell. Motion carried 3 For, 1 Against (Mrs. Badger voting NO). 3h. 7100 P.M., Public Hearing on Docket No. V 20-86, Requirement Variance Application for Robert L. Lauth, Jr. to allow construotion of a free standing garage with living quarters in front yard of lot 8 and part of lot 7 in Williams Creek Farms zoned S-2. Filed by Robert L. Lauth, Jr. Mr. Lauth was pre sent. r The public hearing opened at 9137 with Mr. Davis Coots making the presen1i-( ation.for the construction of a $100,000 structure with an 'additional $40,000 in landscaping. . . ' The file is complete and all notices were sent. The public hearing closed at 9:45. staff recommended approval. Mrs. Badger moved that Docket No. V 20-86, Requirement Variance for Robert L. Lauth, Jr., be approved as presented this evening. . - . Seconded by Mr. McFadden. Findings of fact were completed by members. Motion carried 4 to o. 4h. Public Hearing on Docket No~ V 21-86, Requirement Variance for're- duction in lot width measured at building setback line from required 120 ft. width (Sec. S.4.6) to 117 ft., 10 inches, for lot 3 B, Wood- field Subdivision, Section 2. . Filed by Robert C. Langston for Langston qonstruction Co. The public hearing - opened at 9149 "wi th Stuart Huckleberry of Weihe Engin- eering making the presentation. The request is due to a surveyor's error. , The public hearing closed at 9150. ~he file is complete and staff recommends approval. Dr. Dowell moved that Docket No. V 21-86 be approved. Seconded by Mrs. Badger. Findings of fact were completed by members. [ ,Motion carried 4 to 0.. _ She Public Hearing on Docket No. S 22-86, Special Use Application for Carmel Lutheran Church (3300 sq. ft. class room addition to exist~ church facility). The existing church was constructed- 197~/1979 ~h- out BZA Special Use review and approval. Project is' located at 4800 7",U- , . "~ ? . ~ 4,j ~ . · CARMEL BOARD OF ZONING. APPEALS MINUTES - JUNE 23, 1986 Page 5 211 E. IJlstSt., Carmel,.;IN., N.E. corner..o!.,lJlst St. and Gray Rd. Site is 10 acres in size and zoned residential, S~l. -Filed by Charles T. Kosberg for Carmel Lutheran Church. ( .The public hearing opened at 9a 58 with Mr. Kosberg making the presentation for the addition of an educational wing for 6 Sunday School Classrooms. : Architect, Mark Preng, Indianapolis, made a presentation showing and ex- plaining tho project, which is part of a growth plan for the church. The parking area will hold 112 cars. Elevation drawings were 'shown. . All public notices were sent out. . Parking requirements ,are. met and there will be no outside trash containers and no fencing. The pUblic hearing closed at 9a59. Mr. Kiphart gave the staff and TAC reports and stated that the file 1s complete and he recommends approval. Dr. Dowell moved that Docket NO. S 22-86, Special Use for Carmel Lutheran Church, be approved. Seconded by Mr. McFadden. Findings of fact were. completed by members. Motion carried 4 to O. 6h. Public Hearing on Docket No. V 23-86, Renewal of 2 year Use Variance for commercial use at 1760 E. llOth St., Lot 2 Woodland Golf Subdivision, Clay Twp.(auto repair shop) within a residentially zoned district, S-2. Site is approx. 3 acres in size. Petitioner, Dan Mathews, has operated auto repair shop in this site for several years. On April 23, 1984, Carmel Board of Zoning Appeals approved a Temporary Use variance (V 21-84) for auto repair shop for Dan Mathews for a two (2) year r-. period ending on May I, 1986 at this same site. Filed by E. Davis Coots for D~ Mathews. The public hearing opened at 10a05 with Mr. Coots making the presentation. Mr. and Mrs~ Mathews were present. Lora Stratacockus, 1725 E. llOth St., said she has lived across from the Mathews for 7 years ,and has no complaints or problems with Mr. Mathews business there. (Mrs. Stratacockus had to leave early and was allowed to speak early). The location was presented on an aerial map. The petitioner seeks to continue the operation of his auto repair business at his home. Photos were shown of the building and of the property surrounding. George Faber, 2005 E. 106th St., spoke in support, stating he feels they are properly screened and that there were no complaints about Mr. Mathews business there in 1985 when he was president of Jordan Woods Homeowners Assn. Mr. Faber said he feels the variance should be renewed. George Vister, 1827 E. 110th St., spoke in support, stating he feels this business is not objectionable and that it ~s properly screened. Don Nixon, 10905 Jordan Rd., spoke in support of the petition. Diana Binos, E. lloth st., made supportive comments. Alan Mancuso, E. 110th St.. spoke in favor and said he feels the business there is' an asset. Steve Brown, attorney, Noblesville, IN., representing Woodland remonstrators, requested that this business cease at this location, and that S-2 zoning be re- stored to this property. Mr. Brown presented a petition in opposition for the record. (, Larry Hatfield, 2023 E. 109th St., stated that there is no need tor com- mercial in a single family residential neighborhood and that there are other ..areas available for this use. Mr. Hatfield said that this is precedent setting and not proper for the area. Kenneth Wood, 2025 E.IIOth St., spoke of concern for security and for school children getting on and off the bus with people of unlmown.character 21~RMEL BOARD OF ZONING APPEALS MINUTES - JUNE 23, 1986 .(' \1 or 1 .. '- -11" .... Page 6 going to and from this property. Howard Thompson, 2040 E. 109th St., spoke in opposition stating that this use is contrary to the intent of the Zoning Ordinance and would subject home owners there to decreased property values and an increase in traffic. f Warren Conley, 1904 E. 110th st., stated that the quality of life in the area has been effected because of this business. Mr. Coots made supportive comments. Mr. Kiphart gave the Technical Advisory Committee report stating that there are no drainage problems now and no technical concerns at this time. Mrs. Badger said that this is a direct violation to the Zoning Ordinance and the Board must take a good look at this matter when neighbors are opposing. Following further questioning by Board members, the public hearing closed at 11:12. Mr. McFadden moved to approve Docket No. V 23-86 for a 2 year Temporary Use Variance for Dan Mathews to run with Dan Mathews. Seconded by Dr. Dowell. Findings of fact were completed by members. The vote was 2 For, 2 Against (Mrs. Badger and Dr. Dowell voting NO). No decision was rendered and the petitioner may return in one month. Mr. Coots requested that this item be placed on tne agenda for the July BZA meeting. There being no further business to come before the Board, the meeting adjourned. Chairman Secretary