HomeMy WebLinkAboutMinutes BZA 10-22-07 Hearing Officer
(j
City of Carmel
Carmel Board of Zoning Appeals
Hearing Officer
.Monday, October 22, 2007
The Ineeting was held at 5: 15PM in the Caucus Rooms of City Hall, Carinel, Indiana on Monday,
October 22, 2007. The meeting opened with the Pledge of Allegiance. The designated Hearing Officer
was Earlene Plavchak.
ChIistine Barton-Hohlles, Rachel Boone, and Ad11elme Keeling attended the meeting on behalf of the
Department of Community Services. John Molitor, legal counsel was also in attendance.
Announcements: Docket No. 07090005 V, Bannon Chickens has been Tabled to November 26,2007 due
to faulty public notice.
D. Public Hearing:
Note: Items 1D through 4Dwere heard together.
u
1 D. Conde Partel
The applicant seeks the following development standards variance approval:
Docket No. 07100006 V Section 5.04.02 (A) Minimum Lot Requirement
Th.e site is located at 1840 West 131 sl Street and is zoned S1/Residential
Filed by the Department of Community Services.
20. Tom Parcel
The applicant seeks the following development standards variance approval:
Docket No. 07100007 V Section 5.04.02 (A) Minimum Lot Requirement
The site is located at 1836 West 131 st Street and is zoned S1/Residential
Filed by the Department of Community Services.
3D. Wolf Parcel
The applicant seeks the following development standards variance approval:
Docket No. 07100008 V Section 5.04.02 (A) Minimum Lot Requirement
The site is located at 1818 West 13151 Street and is zohed S1/Residential
Filed by the Department of Community Services.
40. Corby Parcel
The applicant seeks the following development standards variance approval:
Docket No. 07100011 V Section 5.04.02 (A) Minimum Lot Requirement
The site is located at 1828 West 131 sl Street and is zoned S 1 /Residential
Filed by the Department of CommLlnity Services.
u
Adrienne Keeling represented the Department of Community Services on items ID through 4D as well as
the individual property owners. These four parcels abut one another along 131 sl Street. The reason for
the Variance is a road-widening project that the City of Carmel is proposing; therefore the City is in the
process of acquiring right-of-way.
The issue is that the parcels are zoned S-l Residence and under S-l, lots without community water and
sanitary sewer are required to be one acre or more in size. These four parcels are currently served by well
Carmel Board of Zoning Appeals
Hcaring Otlicer Meeting
October 22, 2007
U and septic system. With the additional right-of-way needed for roadway improvements ranging from .07
to .05, the City is proposing thatthe variances would be granted, since the undue hardship is through no
fat-lit of the property owner but rather the City.
Members of the public were invited to speak in favor or opposition to the petitions; questions would also
be answered at this time.
In response to questions, Adrienne Keeling noted that the Variance in each case will run with the land.
Department Report, Christine Barton-Holmes: Due to the City's need to widen the road, the Department
is recommending a positive consideration at this time.
Earlene Plavchak asked about the location of the homes in relation to the proposed right-of-way.
Adrienne Keeling's response: The right-of-way is approximately 50 feet inward from the current property
line-the setback line is intact and not affected. lfthe Clinent owners were to ever sell, they would not
need a variance regarding setback lines.
As Heari ng Officer for the Board of Zoning Appeals, Earlene Plavchak APPROVED Docket Nos.
07100006 V, 07100007 V, 07100008 V; and 07100011 V.
u
50. Maksymczak Parcel
The applicant seeks the following development standards variance approval:
Docket No. 07100009 V Section 3.07 Definitions Minimum acrea!]e for a farm.
The site is located at 940 West 131 sl Street and is zoned S 1 /Residential
Filed by the Department of Community Services.
Adrienne Keeling, Department of Community Services represented the petitioner. This particular request is also
due to the 131 sl Street roadway improvements. Currently, the subject parcel is less than five (5) acres in size and
the Carmel Zoning Ordinance does require five acres for a farm. However, the farm has been in existence
approximately 20 years with the current owner and approximately 20 years with the prior owner. A farm is a
permitted use in the 8-1 Zone with minimum acreage requirements oftive acres. The road widening further
reduces the size of Mr. Maksymczak's property.
In response to questions from Ms. Plavchak, Adrienne Keeling noted that the road widening will further reduce
the size ofMr. Maksymczak's property, the end result will be 1.9 acres. The Variance will run with the land
and the property could be sold as a farm again.
If someone wanted to sub-divide this property into two lots, it would fall under the Subdivision Requirements
and the variance would have no effect on whether or not is could bc divided mto two, one-acre lots.
Earlene Plavchak noted that right now, if the property owner wanted to pursue it, he could have two, one-acre
lots on the site. As a result of granting the variance due to the roadway improVements, the property owner could
no longer sub-divide his property. Allowing this petition may limit the property owner's future potential use of
the property unless he is allowed to sub-divide in the future.
u
Earlene Plavchak directed comments to the property owner, Mr. Maksymczak, who said he had not thought
about future transfer or sale of the property. Earlene asked about putting a rider with the variance to the effect
that if this owner (Mr. Maksymczak) would like to sell the property, a condition would be that he would be
allowed to divide each lot at less than one acre.
Page 20f6
Cannel Board of Zoning Appeals
Hearing Officer Meeting
October 22, 2007
u
Clarification--John Molitor, Legal Counsel: The situation is correctly analyzed; there would be a need for an
additional variance in the future-at an additional expense. At this time, theBZA cannot grant a variance that
has not yet been applied for.
Adrielme keeling said she was not sure that the lot width as it currently stands would support two lots-lot
width is 120 feet-it would be close.
Earlene said she had no problem approving the Variance as it stands this evening; however, her main concern
was limiting the property mvner's future sale of the ground.
Members of the public were invited to speak in favor of, or oppositiOli to this petition; none appeared and the
public hearing was closed.
Department Comments, Christine Barton-Holmes: At this time, the Department is recommending positive
consideration.
Docket No. 07100009 V, Maksymczak Parcel was APPROVED by Earlene Plavchak, Hearing Officer for the
Carmel Board of Zoning Appeals.
60. Fidelity on Meridian - Signage
The applicant seeks the following development standards variance approval:
Docket No. 07100010 V Section 25.07.02-10 5 wall signs oriented east
The site is located at 11450 N. Meridian St. and is zoned B-6/Light commercial and office uses near areas
zoned or utilized for residential purposes.
Filed by Charlie Frankenberger of Nelson and Frankenberger.
u
Charlie Frankenberger, attorney, Nelson and Frankenberger was in allendance as well as John Robinson and
Usa Bohn.
The site located at 11450 North Meridian Street within the Fidelity Plaza was previOusly occupied by the Sunrise
Cafe. Approval was received in 2005 to redevelop the site as an up-scale office/retail building. As a part of that
approval, sign variances were granted allowing a total of 210 square feet of signs, 130 square feet allocated
among four signs was permitted on the east elevation; the remaining 80 sqUare feet, also allocated among four
signs was permitted on the west elevation.
The petitioner is requesting that one of the 20 square"foot signs be taken from the west elevation and re"locate it
to the east elevation. Upon completion, there will be three signs totaling 60 square feet and five signs totaling
150 square feet. The number of signs will not increase, the square footage does ndt increase, the signs will
remain consistent with existing. The signs are backlit-halo-lit signs so that the background of the signs are
illuminated, not the lellers themselves.
John Robinson said that if someone wanted to put another sign on the west side-more square footage than
originally approved, additional square footage would have to be formally requested. If this petition is
approved-of the three tenant spaces facing west, one is yet to be leased-it is on the west side and cannot be
split.
Department Comments, Rachel Boone: As stated by the petitioner, one sign is moving from the west elevation
to the east elevation on Meridian Street. The addition of a 20 square-foot sign on the Meridian Street side will
not negatively impact the building. There is a sign package for the building as stated. The majority of the
tenants have 30 square-foot signs; one 35 square-foot sign, and the additional 20 square-foot sign. The signs
are gold, backlit, with the same color and style of lighting. The same lettering is not required.
u
A letter of apposition was received from SePRO, tenant in the adjacent building stating that the building is retail
in appearance rather than office-like/commercial. The Department still feels that the additional signs will not
negatively impact the corridor. The Department is recommending positive consideration of this petition.
Page 3 0[6
Cannel Board of Zoning Appeals
Hearing Officer Meeting
October 22, 2007
U John Robinson stated that they are zoned for retail.
Chari ie Frankenberger stated that 15% retail is allowed. When the original variance was approved, the
petitioner was encouraged to increase the percentage of retail. '
Earlene commented that the petitioner is taking out a restaurant; it would be nice to have an alternative.
Docket No. 07100010 V, Fidelity on Meridian Signage was APPROVED by Earlene Plavchak, Hearing Officer
for the Carmel Board of Zoning Appeals.
7-8D. Smart Center Indianapolis - Signage
The applicant seeks the following development standards variance approval:
Docket No. 07090007 V Section 25.07.02-09 Two wall signstacing Right-at-way
Docket No. 07090009 V Section 25.07.02-09 Two ground $igns tacing Right-of-way
The site is located at 3900 E. 96th St. and is zoned B-3lWide variety of commercial and office uses in transitional
locations.
Filed by Jim Shinaver of Nelson and Frankenberger.
Jim Shinaver, attorney, Nelson and Frankenberger attended the meeting for the petitioner as well as Paul
Pettenaro, Smart Car, 3900 East 96th Street, Indianapolis 46240, and Mark Tworek, Baxter & SET, Engineering.
u
Two variances are being requested-both sign related-for the property located at the northwest corner of Lake
Shore Drive and 96th Street. Previously the property was occupied by numerous tenants with multiple signage.
Paul Pettenaro's company now owns this building; the building will nbw be occupied by two tenants: one tenant
is the Smart Center of Indianapolis, (Smart Car) and World Wide Motors, used car sales.
The Ordinance permits one sign facing one particular right-of-way, adjacent to 96th Street; the petitioner is
proposing two wall signs; one sign would be the main one for C-Smart Car; the ather is for the Smart Center
Indianapolis sign-subject to the Variance. There would also be two ground signs: one is the primary
ground sign that identifies the business; the other ground sign is the subject of the second variance and is more
a directional sign for Smart Car/Service Center/Used Car Center for Mercedes Benz.
Department Comments, Rachel Boone: The additional wall sign measures approximately 15 square feet;
combined with the already permitted C-Smart sign computes to 42 square feet, less than the 60 square feet
allowed for that far;:ade. The addition of ''The Smart Center Indianapolis" would not negatively impact the site. It
is necessary for the petitioner due to franchising rights to have the "Smart Center Indianapolis" sign.
The directional sign is 13 square feet, the maximum allowed is 20 square feet. Because this is a multi-tenant
building, the petitioner is allowed two signs per tenant. The directional sign will serve as the sign for the second
tenant-the wall sign and ground sign will be allowed. The Department has no issues for the two additional
signs for this site.
Docket Nos. 07090007 V and 07090009 V were APPROVED by Earlene Plavchak, Hearing Officer for the
Carmel Board of Zoning Appeals.
90. House Investments Office Building - Signage
The applicant seeks the following development standards variance approval:
Docket No. 07090004 V Section 25.07.02-09 Two wall signs not tacing Right-at-way
The site is located at 10250 N. Illinois St. and is zoned 81/Light commercial and office use.
Filed by George Dury of Dury Investment Group.
u
Jim Shinaver, attorney, Nelson and Frankenberger, attended the meeting on behalf of the petitioner. George
Dury, Dury Investment Group was also in attendance.
A variance is being requested for two wall signs not facing a public right-of-way. The building is located at
10250 North Illinois Street, formerly Thomson Consumer Electronics, and is zoned B-1. The building, site
design and landscaping was approved by the Plan Commission.
Page 4 of6
u
Carmel Board of Zoning Appeals
Hearing Officer Meeting
October 22, 2007
At this time, the petitioner is requesting a variance far the positioning of the wall signs. The wall signs would be
placed above the two entrances; the signs are not illuminated. The ordinance would require the signs to face
the right-of-way; however, the entrance to the tenant spaces is on the opposite side of the building and the wall
signs do not face the right-of-way, hence the request for the variance. The size of the signs is within the size
requirement of the Ordinance.
Department Comment, Rachel Boone: This item was overlooked on last month~sAgenda. Because the
entrance is to the tenant spaces and they are allowed two signs, and they are within the square footage
requirement. The signs are non-illuminated and the Department is recommending positive consideration, simply
because the orientation of the building does not allow the signage to face the street.
Docket No. 07090004 V was APPROVED by Earlene Plavchak, Hearing Officer for the Carmel Board of Zoning
Appeals.
10D. Dunbar Accessory Structure CONTINUED UNTIL NOVEMBER 26
The applicant seeks--the following dovolopment stmdards variance approval:
Docket No. 07100013 V Section 25.01.~.B.3.a.i J\ccessory structure located in front of
Muse
Tho site is located at 1700 '.IVest---+-oolh Stroat 3nd is zohed ~1/8ingle Family residential.
Pileg by Don::!ld ::!nd K:Jthleen Dunb::!r, owners.
T. Old Business
u
11. Bannon Chickens
The applicant seeks the following development standards variance apPJoval:
Docket No. 07090005 V Section 3.07 Definitions Farm animals kept on 1.3 acres
The site is located at 225 John Street and is zoned R 1/Residential.
Filed by Martina Bannon, owner.
21. Sunrise ROW
Th'e applicant seeks the following development standards variance approval:
Docket No. 07090008 V Section 2.09 ROW dedication Dedication of ROW along Old
Meridian St
The site is located at the northeast corner of Old Merid ian Street and US 31 and is zoned B6/Business within
the US 31 Overlay
Filed by Mark T. Manroe of Bingham McHale for Sunrise af Carmel.
Mark Monroe,314 Longwood Street, Carmel, attended the meeting on behalf of Sunrise of Carmel.
The Sunrise site is located on the east side of US 31 at the intersection of Old Meridian Street, just
south of Max & Enna's Restaurant, Hampton Inn Hotel, and the Hamilton Crossing Center.
The Sunrise facility is a multi-story, senior living Center that was approved by the Plan Commission in
the summer of2007. The petitioner was actually approved for a variance in December, 2007 for
parking. During the building pennit process, it was recommended that the petitioner apply for this
variance for right-of-way standards along Old Meridian.
u
In consultations with the City Engineering Dept., it was indicated that the City no longer needed the
additional right-of-way along Meridian Street, mainly because the existiilg right-of-way for Old
Meridian is so extensive-it was a State Highway at one time and it is wider than most City streets. It
was also indicated that there may not be a future interchange at US 31 and Old Meridian; more than
likely, there might be a turn-around, cul-de-sac, at the end of the street that would provide access to
office buildings to the south as well as the senior living facility. The City suggested that the
Page 5 of6
Cannel Board of Zoning Appeals
Hearing Officer Meeting
October 22, 2007
u
petitioner forego giving up additional right-of-way and seek the variance. The City has already taken
right-of-way for the Pennsylvania/Old Meridian up-grade and the round about.
Department Comments, Rachel Boone: The Thoroughfare Plan requires dedication of right-of-way
when new projects are constructed. However, the improvement oftrus road was already under way and
there is no need for additional dedication of right-of-way. Most importantly, the Department of
Engineering has no issues with this variance and sees no reason for further dedication ofright-'of-way.
Docket No. 07090005 V was APPROVED by Earlene Plavchak, Hearing Officer for the Carmel
Board of Zoning Appeals.
There was no further business to come before the Hearing Officer and the meeting was adjourned at
6:20 PM.
-.- ~---.....
amona Hancock, Secretary pro tern
_/
u
u
Page 6 0[6