HomeMy WebLinkAboutMinutes BZA 07-28-08
City of Carmel
Carmel Boai'd of Zoning Appeals
Regular Meeting
Monday, July 28, 2008
The regularly scheduled meeting of the Carmel Board of Zoning Appeals met at 6:00 PM on Monday,
July 28, 2008, in the COllllcil Chambers of City Hall, Carmel, Indiana. The meeting opened with the
Ple?ge of Allegiance.
Members in attendance were K~nt Broach, Leo Dierckman, James Hawkins, Earlene Plavchak and
Madeleine Torres, thereby establishing a quorum. Christine Barton-Holmes and Mike Hollibaugh
represented the Department of Community Services. John Molitor, Legal Counsel, was also present.
Mrs. Torres moved to approve the minutes afthe June 23, 2008 meeting as submitted. The motion was
seconded by Mr. Dierckman and APPROVED 5-0.
Mrs. Plavchak moved to approve the minutes of the July 17, 2DOS Special Meeting as submitted,. The
motion was seconded by Mrs. Torres and APPROVED 3-0 (Plavchak, Torres, Hawkins present
July 17, 2008).
Mr. Hollibaugh reported that occasionally the Board was asked to resolve an issue brought by the
Department of Community Services. An issue has been percolating over the summer for a Use
Variance .that was granted in the 1990's. Over time it has grown quite a bit outside the bOlllldaries of
what the Board approved, to the extent the Department would like to explore the possibilities of having
tbe Use Variance revoked. They had asked Mr. Molitor for guidance. Either way, they may file to
amend their Use Variance, but he felt the issue would be on next month's agenda.
Mr. Molitor stated the Use Variance was granted in August 1993, so pre-dates him and the Board
members. The property is on Circle Drive, offDS 31 and south of Clay Terrace. The Use Variance was
granted for them to utilize their outdoor pool for private swimming lessons. The issues are with respect
to their use of the property: He wouLd Like the Board to give him authority to send them a letter asking
them to respond on or before the next Board meeting. The StaffwiLl brihg the information thatmay
lead the Board to revoke the Use Variance or grant enforcement action against them on behalf of the
Board in terms of the conditions of the approval. The Staff will prepare a full report with all the
information surrounding this particular use, on or before the nextmeeting.
Mrs. PLavchak asked what the Use Variance was for and what was allowed in the Variance.
Mr. Molitor stated the Use Variance was to allow the owners of the backyard swimming pool to use it
as a business to conduct private swimming lessons. As he is given to understand, the use has extended
somewhat beyond what the Board contemplated in 1993. The Board will be given all the background
and details at the next meeting, unless it is worked out informally before that time.
Mr. Hawkins moved to allow Mr. Molitor to advise the Petitioner via letter that they will be heard at
the next meeting, August 25,2008. The motion was seconded by Mrs. Torres and APPROVED 5-0.
Cannel Board of Zoning Appeals
July 28, 2008
Mr. Molitor continued the Leg~l Report. Pursuant to the Board's approval ofthe application for Martin
Marietta at .the Special Meeting, the Findings of Fact were prepared, and reviewed, approved and
signed by Mr. Hawkins. They are filed in the record. There will be one more Development Standards
Variance which may come before the Board in the next couple of months regarding the Martin
Marietta sand and gravel operation on the Mueller North .property. That will involve the three Board
members who were present at the Special Meeting, plus the two Alternates.
H. Public Hearing:
lh. Monon & Main, Unit 4C.
The applicant seeks the following development standards variance approval:
Docket No. 08060006 V Section 2.13.B of PUDZ-462-04 2-car garage requirement
The site is located northeast of Third Ave NW and Main St., and IS zoned PUD/Planned Unit Development.
Filed by Terry and Beth Henderson, owners.
Present for the Petitioner: Terry Henderson. He has a small communications firm. He has been in
business for almost eleven years. He does corporate communications across the US and some globally.
He works a lot with corporations such as Dow Chemical andDow Agri.,Sciences, etc. They are
interested in being a part of the Cannel community and especially the Carmel Arts District. They do
not need a huge amount of office space, but they do nel;ld enough space to house approximately three
employees. They have a total ofthirteen employees. They have people in Chicago, S1. Louis and other
parts of Indiana. This will basically serve as <;rnoffice for him and two other people. His wife will be
one of those two people. Essentially they are asking to expand the lower level of the condo into the
garage. It would be finished off for more office space.
. Members ofthe public were invited to speakin favor or opposition to the petition; no one appeared.
The Public Hearing was closed.
Mrs. Barton-Holmes gave the Department Report. This is one of the few uriits in the Manon & Main
Development along Main Street that has not received a variance to be allowed to expand its business
beyond what was penllitted on the first floor. There is a Petition that will be before the City Council on
Monday, August 4, 2008, that would modify the existing Planned Unit Development:(PUD) Zoning
Ordinance to allow businesses to expand to the upper floors and also into the garage for the units along
Main Street only. It would allow commercial uses in the entire unit. There are just a few units left that
have not received some sort of variance in order to be able to expand their businesses. The proposed
business that would go primarily into the garage would have very little impact on the surrounding area
with regard to foot traffic or vehicle traffic. This would certainly be less impact than some of the uses
that are already in Monon & Main. The CRC is looking very seriously at parking and actually has a
proj ect agreement under contract to begin construction of a parking garage later this year or next year.
Parking concerns from loss of the garage would be alleviated in the near future. The Department
recommended positive consideration. .
Mr. Dierckman asked ifthe exterior would remain the same with the garage doors still in place~
Mr. Henderson confirmed the exterior would remain the same.
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Cannel Board of Zoning Appeals
July 28, 2008
Mr. Dierckman moved to approve Docket No. 08060006 V, Monon & Main, Unit 4C. The motion
was seconded by Mrs. Torres.
Mr. Molitor pointed outthat the Department Report had been skipped over in the beginning of the
meeting. Thisparticu1ar Petition would need a suspension of the rules. The Public Notice had been 23
days in lieu of the required- 25 days.
Mrs. Barton-Holmes gave the remainder of the Department Report. She indicated Item 4h, St. Vincent
Heart Center Helipad; Items 3-4i, Monon & Main, Units 3A & 4F; and Items 5-11i, Circle KfShell are
all tabled until August 25, .2008. Items 5-6h, Prairie Trace Softball Complex had been withdrawn with
a request in writing.
Mr. Dierckman moved to Suspend tbe Rules. The motion was seconded by Mr. Hawkins and
APPROVED 5-0.
The motion for Docket No. 08060006 V, Monon & Main, Unit 4C was APPROVED 5-0.
2:-3h. Ditch Rd Horse Stables
The applicant seeks the following special use and development standards approvals;
Docket No. 08060007 SU Appendix A: UseTab:le Horse boarding & lessons in SI District
Docket No. 08060019 V Section 25.01.01(B)(8) Riding arena/stables exceeds square footage of
primary dwelling
The site is located at 13403 Ditch Road and is zoned S llResidential.
Filed by Karen and Kevin Hammetan, owners,
Present for the Petitioner: Karen Hamni.'eran. Her husband was out of state and unable to attend. Also
. present was Leslie Ahluwalia, prospective buyer of the property. Their parcel is six acres on Ditch
Road, located between 131 st'and 136th Street~, on Carmel's west side. It falls within the Residential
Estate Section ofthe Carmel Land Use Plan. It is zoned 8-1 Residential. They had purchased the home
in 2002 when it was still Clay Township. They were particularly.drawn to this location because of the
neighborhood, the five plus acre lots, rural atmosphere and horse properties all around it. .Their intent
was to build a riding stable and maintain horses on the property which Was consistent with the
neighborhood at the time. UnfortunJitely ajob change affected their ability to proceed with the project.
Now they are trying to sell their house after the annexation into the City of Carmel. Prospective buyers
are interested in that same rural atmosphere with horses. Therefore, they have found themseives with a
zoning issue; She shared photos. on the overhead indic'lting their property and the location of the house
on the parcel. The house sits approximately 1000 feet from Ditch Road and is accessed by a gravel
driveway. She indicated the surrounding indoor arenas, riding stables and bams. They are surrounded
by riding stables with existing arenas br outdoor rings and several small farms. A map of the adjoining
properties was provided by the Hamilton County Auditor's office. Their house, an indoor riding arena
to the south of their driveway 'and numerous riding stables were highlighted. They have a contract
buyer who is an avid equestrian, an equine veterinarian and a Grand Prix Dressage rider and instructor.
The sale is contingent upon having approval of such a riding stable with indoor arena, boarding, and
riding lessons on site. She indicated the proposed location of the indoor arena and riding stable on their
survey map. The indoor arena will be 80 x 144 x 16. The riding stable will be 26 x 120 x 10. The
lessons and riding will be recreational. The boarding would not exceed 20 horses. There would be no
competitions held on site. A Development Standards Variance is requested because the proposed riding
arena and stable does exceed the square footage of the horne, which is not unusual due to the nature of
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Carmel Board of Zoning Appeals
July 28, 2008
the use. The combined sq43fe footage of all three structures, the house; the arena, and the stable, are
well within Carmel's 35 percent maximum lot coverage. An aerial view ofthe.proposed project in
relation to the adjacent properties was shown. Pictures ofthe property from various views were shown.
The arena and stable would be in the back northeast comer and surrounded on both sides by open
fields. She also indicated the mature tree barrier along the north and south property lines. The pictures
were also included in the packet the Boarq had received. She felt it was a very private setting. Pictures
were shown of the existing indoor arena and.bam which are immediately south of their property.
Another was shown on Six Points Road th~t is east oftheirproperty. Riding stables, indoor arenas and
bams do exist in their immediate area and thending stables are listed as Recreational Special Use in
the S-l Zoning District. They felt their variances would be in keeping with the neighborhood's
character and would not cause a substantial adverse affect.
Members of the public were invited to speak in favor or opposition to the petition.
Unfavorable:
Bill and Linda Wilhem, 13505 Ditch Road, immediately north of the Hammeran property. Mr.
Wilhelm stated their property also sits approximately 1000 feet off Ditch Road and would be
immediately adjacent to the proposed facilities. They had sent a letter fo~ the record. They were
opposed to the business nature of the variance. They believed 20 horses were too large of a scope for
this property. They had spoken with a number of their neighbors, many of whom are horse enthusiasts,
and have riding stables. They felt the same way. Theyhad also been provided with a letter from
Dr. Ahluwalia which was rebutting their letter.
Mrs. Wilhem stated. that both of the boarding facilities mentioned in Dr. Ahluwalia's letter, Lucky
FannsandReinhart Farms, are riding facilities and stables that have been in existence far longer than
any of the surrounding residential neighborhoods, They were not given the choice of whether they
wanted to live next to 20 horses ifthis facility is built. The other horse faims in. the area have been
there prior to the residential areas that have been built. She did not see their home.on the drawing Mrs.
Hammeran had shown. From the plans she has Seen, the new driveway would be approximately 50 feet
from their home. Their home sits very close to the proposed facilities. She was assUlllingtheywould
put the dumpster near the .gravel driveway. If that is the case, based on the drawing theyhave, the
dumpster would be approximately 75 feet from their back yard, She felt there would be a huge amount
ofmanure fi:om 20 horses to be collected only.once a week. It did not seem to be something they
wanted to deal with so close to their property, Dr. Ahluwalia says there are. no flies or manure issues,
but any of their neighbors who have three pr four berses (leal wltl1 manure and fly issues, Most of their
neighbors have three or maybe four horses. The horse farm on Six Points Road is set back and there
are no other houses that are as close to the situation as their home. She was also concerned about the
commercial lighting. They did not want their back yar4.1it up from the facility next to their property
with people coming and going until 8:30 PM. Also.t4ere would be increased traffic on Ditch Road and
horse trailers corning and going. Dr. Ahluwalia said the boarding facility would have an atmosphere of
elegant equestrian 'actiyitIes and this in turn would have a.positive impact-on property values.
Unfortunately, she felt the opposite would be true. She felt not too many people would want to live
next ~o a property that has 20 horses being stabled and commercial business being conducted.
Mr. Wilhe'Im stated tbey enjoyed the Hammerans as neighbors and they welcomed the. Ahluwalias as
neighbors, but as recreational horse-people and not business-horse people.
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Carmel Board of Zoning Appeals
July 28, 2008
Io Bojrab, representing the'Homeowners Association of the Estates of West Clay. They are the area to
the west of Ditch Road and it was not shown on any ofthe aerial diagrams/photos. WheIl they were
annexed, they were annexed as single family properties that were meant for residential use. Their
primary opposition IS there is only one way in and out of the property, a narrow driveway which comes
onto Ditch Road. They are opposed to the business. They are not ()ppos~d to horses. In addition, once it
is approved for business, knowing that she is a veterinarian, they felt it opened the area up to major
traffic. They had just found out about this project last week and she did not have the details until this
morning. She was pressed, but did have a letter for the file. She is only one of the directors for the 25
homesites. If the Board is considering this variance, 'they would like to have the time to obtain a third
party/counsel to represent them.
Rebuttal:
Mrs. Hammeran stated the Estates of West Clay was one ofthe adjoining properties and notice was
given in the required time as with all the neighbors. She indicated the entrance to Estates of West Clay
on the map which was developed about four years ago. The Wilhelrirproperty is to the north. She
indicated it on the map. The buyers are trying to place the facility on the far corner of the property so it
is not directly against their house.
Dr. Ahluwalia, one of the proposed contract buyers for the property. The sale is definitely based upon
being able to have a boarding facility and riding arena on the property. She did receive a copy of Mr.
and Mrs. Wilhelm's letter and she wanted to address their concerns. There will not be 20 horses out at
onetime. There will still be green space and green pastures with a low number of horses out at one
time. They will not be grazing 24 hours. She tried to use the examples of Lucky Fanus and .Reinhart
Fa.pTIs, not for age, but to show well-managed farms with 40 plus/minus horses boarding at an,y point
with only ten acres of land. This IS within a usable consistency for the land that is available. This will
be her family's residence. They do not want. to have manme odors and flies. They will have a dumpster
in the driveway that will be obscured and not offensive to their neighbors or clients. She had an
estimation of her hours of operation. If they are open until 8:00 PM, the lights could be on until 8:30
PM for safety purposes, giving clients time to pack up to go home. In the summer there is plenty of
daylight until9:0b PM. The plans for the driveway are stiB in thy works for gravel or asphalt. She
hoped members ofthe Estates of West Clay community are equestrian people that will enjoy the use of
her faciiity. Regarding the traffic from.horse trailers, she had visited the farms in the area. Reinhart
Farms had zero horse trailers and another farm had five trailers; one of which belonged to the owner.
She would determine the number of trailers as space allowed. Traffic would be kept to a minlmum
because they will not be offering competitions or group lessons.
The Public Hearing was closed.
Mrs. Barton-Holmes gave the Department Report.. This is an area of Carmel that is characterized by
small fanps, horse farms, riding arenas and stables. The proposed I;lSte would be similar to existing uses
in the area. With regards to the size of the building, the Ordinance does limit accessory structures to
less than the size of the primary dwelling; Because of nature of the proposed use and the size of the
anim~ls to be kept there, th~ buildings 'do exceed the square footage of the primary dwelling. This is
fairly characteristic of the surrounding area. With regards to the impact, the Petitioner has stated they
will not have competitions at the site which will help limit potential traffic. The site is six acres which.
is comparable in size to other lots in the area. The size of the site should help minimize the visual
impact ofthe proposed use on the surrounding properties. With regards to screening, the Department
would urge the Petitioner to include additional screening measures for the dumpster; such as some sort
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Carmel Board of Zoning Appeals
July 28, 2008
of fencing and/or landscaping to help screen the dumpster from their property and adjoining properties.
That would help mitigate the visual impact and any potential smell. Providing the facility is well-
managed and the nature of the riding is recreational and instructional in nature with no competitions,
the impact on the area should be quite limited. Lessons limited to one or two people at a time would
only generate a car or two. The Department recommended positive consideration;
Mr. Dierckman asked ifthey wanted to honor the remonstrator's request for a delay until they get legal
representation.
Mr. Molitor stated nothing showed the notice was inadequate. The request fora, continuance should
have been made before the Hearing was conducted. If the Board believes it would be beneficial to
carryover the discussion so there could be interaction between the Petitioner and the neighbors, the
Board may wish to continue this Petition for another month. He did not believe the Board had any
obligation to agree to a continuance.
Mrs. Torres did not intt:;rpretthe comment that way. She thought they wanted legalrepresentation if the
Board decided in favor of the Petition.
Mrs. Bojrab had spoken with several members in their development. Mr: Jim Sourwine, a commercial
developer, lives in development. He felt ,they should have a third party involved because if the Board
grants the variance, there should be a lot of stipulations about barriers, numbers, etc. They are not
opposed to horses, there are lots of horses around. They are opposed to the size and the business
portion. Ifthe variance is granted, then they should have a third party making sure all the "t's" are
crossed on behalfof the homeowners. Their homeowners association meets every two months. The
notice had gone to their property manager and the association was given the notice, the past
Wednesday. When she started working on it, she did not get more information until she talked with the
Wilhelm's who were out oftown over the weekend. Her idea was to get representation before the
variance was granted.
Mr. Molitor concurred if the group wants to have legal representation in order to negotiate a set of
comrilitrnents with the Petitioner that is one thing. He did not think the Board could be in a position of
taking a vote and then putting off for another month figuring out the commitments. 'If the Board is
prepared to take a vote at this meeting, they can figure out the commitments now. If the Board believes
it would be beneficial to have some additional input or interaction between the Petitioner and the
neighbors, then they could consider a continuance.
Mr. Dierckman felt it was too intense ofa use for the size ofthe property. Given that it is an in-filled
use verses one that was an existing use and other people moved in around tbem, hewould rather take
the month and let someone do some negotiations; It is not so much the horse boarding and lessons; but
rather the size and scale ofthings that he was concerned about. He thought it should be limited to a
number of horses that was more manageable forthe'size and the area. Then he did not feel the horse
boarding and lessons would be an issue because there would not be enough horses to create that much
volUIIl,e of traffic. Only five horses would probably not need the second variance for size, but only the
Special Use for horse boarding and lessons. He had a problem with the total scale of this in-fill use
versus a pre-condition.
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Carmel Board of Zoning Appeals
July 28, 2008
Mrs. Torr~s agreed. She feltit would be helpful to have the number of boarders, size ofeach barn and
the riding, etc. at each of the horse farms in the area. One of the bams is not a horse barn, but just a
recreational barn. Twenty horses were more than the others in this square block.
Mrs. Plavchak wanted to know who cleaned out the stables, how often was that done and how often
was the refuse hauled away. Would the refuse be hauled away or would it become fertilizer? She
tended to agree that twenty horses would be a lot. There would be a lot of waste material and she
wanted an explanation of how it would be.dealt with.
Mr. Broach felt the continuance for 30 days would be useful. He was mclined to vote in favor, but
generally the Petitions have commitments for how long the lights will be oil, how many horses, exact
location of the dumpster, new landscaping for screening, etc. Rather than have the Board draft those,
the Petitioner usually has those items sorted out for commitments' that would run with the land and be
enforceable. Those should be sorted out by working with the neighbors and the Staff. None of the
Board members were equestrians, so more explanation was needed.
Mr. Hawkins asked the Petitioner and prospective buyer if there was a time constraint.
Mrs. Hanuneran stated this was'under contract and a contingency sale. The contract is written so that it
expires 30 days from this hearing. That would put an undue hardship on them. The potential buyers
have not ,gone to their architect/designer for the barn because they are not the owners. They do
understand there will be a building process with permits once the variances were granted. That was
why the detail for commitments was not presented at this l1earing. In order to go to that step, they
needed to know the Special Use would be granted. '
Dr. Ahluwalia stated the manure from twenty horses would go into a dumpster and they would have
weekly pickup from one of the refuse companies. It is not bio-hazardous waste. Boarding means an
owner takes their horse to a facility which provides the feed, some amount oftumout exercise, and
cleaning ofthe stall once or twice daily. That is pretty standard protocol. The dumpster would be set
hack in some way that. is vislially obscured. Her family would be living there and would not want the
dumpster to be obtrusive. Regarqing the number of horses, they will be k~pt in th~ stable and ridden.
They will not all be outside at the same time. The grass will be green to be munched on. She was a
quaiifier/cont~mder for the 2004 Olympics. She was very familiar with the performance aspect of the
horses and maintaining them in such a Way that would be good for twenty horses 011 six acres, She
would like the Board to look at facilities of like size versus the' amount of acreage to see how well it
can be maintained with that volume of horses.
Mr. Hawkins asked if she was open to discussing this with the neighbors.
Dr. Ahluwalia confirmed she would discuss the project with them to alleviate some oftheir concerns.
Mr, Hawkins felt thirty days would be helpful to outline some details and co:inmitments for number of
horse~, lighting, hours, cars, screening, etc. It would make the Board more comfortable. He would like
to table the Petition to the next meeting.
Mr. Molitor stated the Petitioner could request a continuance or the Board could make a motion to
table the Petition. -
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Cannel Board of Zoning Appeals
July 28, 2008
Mr. Dierckman inoved to table for 30 days Docket Nos. 08060007 SU and 08060019 V, Ditch Rd
Horse Stables. The motion was seconded by Mrs. Plavchak and ApPROVED 5-0.
Mr. Molitor stated the Staff would work with the Petitioner and the Remonstrators to establish the
Commitments.
4h. St. Vincent Heart Center Helipad TABLED UNTIL AUGUST 25
The uppliea,nt seeks the following use variance approval:
Daeket No. OgO('i{)()08 UY ......-ppeBdix .....: Use TaBle Helipad iaB{)!US 31 O';eday Distriet
The site is located at 10330 North Meridiim s.treet and is zoned B6/Business, within.the Us. 3] Overlay
Distriet.
Filed by Robert!\. Hicks and Paul E. Clendenen-10rSt. Vincent Heart Center.
5-6h. Prairie Trace Softball Complex WITHDRAWN
The applieant seeks the follo'lf..ng speeiall:lse and development standards varianee:
Dack.etNo. Og02:IHJ33 SU,~. Seetias 21.03 Ex-paBsia8ofsehoalllses
Docket No. 08020034 V SectioB 25.7.025 Additional isstimtionwsign tBller"thllB permitted.
The site is located at 11200 North Ri-Ier Road and is"zoned 8 1.
Filed by William Payne of FanningIHo\'iey l\ssociates, Ine. for Carmel Clay Schools.
I. Old"Business
1-2i. Monon & Main, Unit 3D.
The applicant seeks the following development standards variance approval:
Docket No. 08030016 V Section 15.26 of POO Z-462-0.4 non-residential uses on 2nd & 3rd floors
Docket No. 08030028 V Section 2.13.B ofPUDZ-462-04 2-car garage requirement
The site is located northeast of Third Ave NW and Main St., and is zoned PUDIFlanned Unit Development.
Filed by Mr. and Mrs. Ardalan for Soori Gallery.
The Petiti6n~rwas not present. .I\1rs. Barton-Ilohnes reported they had discussed tabling or
withdrawing the Petition in light ofthepending Ordinance before the City Council. That could be
'approved and take affect before the nextBZA Hearing.
Mr~ Dierckman moved to table Dockets Nos. 08030016 V and 08030028 V, Monon & Main,
Unit 3D for 30 days. The motion was seconded by Mr. Hawkins and APPROVED 5-0.
3-4i. Monon & Main, Units 3A, & 4E. TABLED UNTIL AUGUST 25
The applicant seeks the fello'Ning aevelopmem standards variance approyal:
Docket Nos. Qg030014-15 V Section 15.26afPUD Z462lH BOR residcBtialasesen lutl--&-Jffl-41aef:s
Dack-et Nos. 080300Ui 27 V SeetieR 2.13.& of PUD Z 462 04 2 ear garage requirement
The sites are located northeast of Third /'Lye NW and Main St., and are zoned PUDIPlimned'Unit Development.
Filed by MT. and l\frs. ~\rdalan for goon Gallery. "
5-11i. Circle K/Shell TABLED UNTIL AUGUST 25
The applieaflt"seeks the following deT.<elopment standi:lrds v-ari&REle apprm'als:
Deeket Ne. 08930019"'.' SeetieR 23F.95.01B Build to line greater thaR 10'
Dock-etNa. 08030020 V SeetioR 23K07.02 Deight Hilder 26'
Daeket No. 08030021 V SeetieR 23.F.07.oi ORe eceu.piable Ileal'
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Carmel Board of Zoning Appeals
July 28, 2008
Doek-et'No. 08030022 V SeetieR 23F.08.IH Floor Area Ratio minimu.m g.S
Dod.ct No. 08030023 V SeedoR 23F.06.G2 Froetage miBimum 7G%
Doeket No. 08030021 V SeeBon 2JF.lS.02 ParkiBg located iBfroBt aflmildiog
Docket No. 08030025 V SeedeR 23F.ll.03 LaHdseapiog & sereening
The site is located at 1230 South Rangeline Road and is zoned B3/Business, ',yithin the Carmel DrivelRangeline
Road Overlay.
Filed by Donald Fisher of Insight Engineering for Mac's Con'lenience Stores, LLC.
J. New Business
Mr. Molitor suggested a change for the BZA Rules of Procedure. He had suggestions from Board
members about all voting by the Board needing to be done by written ballots. In his opinion it would
be acceptable to amend the Rules of Procedure to allow for a show of hands in such cases where the
Board concludes that ballots are unnecessary or inappropriate. Particularly in cases with no contention,
when the Chair can see that the Board is likely to vote unanimously in favor of the Petition, it does not
seem necessary for each Board member to fill out a ballot. He suggested they change Article 8,
Section 2 of the Rules to read as follows: . .
"Voting shall be by written ballots or by a show of hands in such a case as the Chair concludes
that ballots are unnecessary or inappropriate."
Mr. Hawkins moved to amend the BZA Rules of Procedure, Article 8, Section 2 as stated by Mr.
Molitor to allow a vote by a show of hands. The motion was seconded by Mr. Dierckman and
APPROVED 5-0 (by a show of hands).
Mr. Molitor will prepare a new set ofBZA Rules of Procedure for next month's meeting.
K. Adjournment
Mrs. Plavchak moved to adjourn. The motion was seconded by Mr. Dierckman and APPROVED 5-0.
The meeting adjourned at 7:00 PM.
~~d~~;tj}
James R. Hawkins. President
/,/'7 l,.
~.
Connie Tingley, Secret
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