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HomeMy WebLinkAbout00001510■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we: can return the card to you. ■ Attach th' rd to the back of the mailpiece, or on the nt if space permits. Article Addressed to: Richard Sanders 11033 Haverstick Road Carmel, IN 46033 00001510 lyd A. S�na �1tureAgent � �/j /� X t Y I I�L�/ /iA *4 O U lot Addre B. Received by ( Printed Name) 1 9- 110te of grel D. Is delivery address different from item 1 r ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7007 0710 0004 7511 4853 + (IYansfer from service label) � IPS Form 3811, February 2004 Domestic Return Receipt 1o2sss-o2-M-154o l UNITED STATES POSTAL SERVICE 37 gri %Ipe- E-i P t 8j F o. i I C G-10 • Sender: Please print your name, address, Building & Code Services City of Carmel 0R.Gr_ivic Square Carmel, IN 46M ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if snare narmits i 1. ARIC18 raaressea io: i Thomas and Lynn Harris 131 F' A. ❑ Agent ❑ Addressee I B. Rec&ed by (Printed Name) D. Is delivery address different from item '17 ❑ Yes If YES, enter delivery address below: ❑ No �rst Avenue NW 3. Service Type Carmel, IN 46032 ❑ Certified Mail ❑ Express Mail 0�001 10 LD ❑ Registered [3 Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7007 0710 0004 7521 0555 im Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • Building &.Cade Services City of Care One Civic Square Cannel, IN 46032 C• It DEPARTMENT OF COMMUNITY SERVICES Division of Building and Code Services VIA CERTIFIED MAIL March 26, 2008 Richard Sanders 11033 Haverstick Road Carmel, Indiana 46033 RE: BZA VARIANCE/ USE VIOLATION Dear Sir: This letter is being provided to inform you that it has recently been brought to the City's attention that the property at 140 First Street NW, a property listed under your ownership, may be in violation of the Use Variance (UV-165-01) that was granted by the Carmel Board of Zoning Appeals. The approved meeting minutes from the Carmel Board of Zoning Appeals meeting (see enclosed), held on January 28, 2002, state: "Leo Dierckman moved for approval of Simeon Hawkins' Addition, Lot 15 (part) Docket No. UV-165-01, conditioned upon the following: 1) restriction of a 2-chair facility salon, no residential use permitted but residential character and existing structure of the building is to be maintained, 2) the second parcel No. 16 09-25-12- 0 1 -034-000 is to be included and used for parking and all employees must park in '•� the provided lot on premises, and 3) planting the Redbud and Dogwood trees as suggested by the Urban Forester. The petitioner must return to the Board for necessary variances in respect to parking, landscaping, and signage, within r 60 days. The motion was seconded by Chuck Weinkauf and APPROVED 5-0 WITH CONDITIONS." This property was granted Use Variance approval by the Carmel Board of Zoning Appeals on January 28, 2002, subject to some conditions, which, specifically, included that residential uses would not be permitted. Please discontinue the residential use of this property by April 30, 2008. Failure to comply will result in further enforcement action which could result in an appearance in Carmel City Court and the assessment of fines. If you have any questions or comments regarding this matter, please feel free to contact me at (317) 571-2476. Thank you for your cooperation. Respectfully, Ct l L'lL�lR6-U%2Q - Laura Rouse-DeVore Code Enforcement Inspector Department of Community Services Cc: File: 0000 1510 Enclosure Leo Dierckman moved for approval of SUA-162-01, conditioned upon the approval of Docket No. 162-01 ADLS Amend currently before the Plan Commission. The motion was seconded by Earlene Plavchak and APPROVED 5-0 with conditions as noted. 15h. Simeon Hawkins' Addition, Lot 15 (part) (UV-165-01) Petitioner seeks a Use Variance of Section 10.1. Permitted Uses in order to establish a two -chair beauty shop in an existing residential structure. The property is located at 140 First Street Northwest. The property is zoned R-4/Residence. Filed by Richard Sanders. Present for Petitioner: Richard Sanders, 11033 Haverstick Road, Carmel, owner of property located at 140 First Street NW., and Salon Operator Donna Rissler, Bryn Mawr, Noblesville. Remonstrance: Howard Box, 130 First Street NW, requests clarification and qualification. Concerns: Zoning variance should be restricted to beauty salon use and two chair capacity salon. Concern is for stability of area and community growth. Vicki Collier, 131 Second Avenue NW, echoes Howard Box's comments. Also would like restrictions on capacity of salon. Opposed: None Department Recommendation: Negative Consideration. Parking does not and cannot meet standards for commercial use; landscaping does not meet standards, rights -of -way for both First Street NW and Second Avenue NW are deficient from standards of City. First Street has a 30 foot existing right-of-way; Second Avenue has a 15 foot right -of -way —the commercial standard is 60 feet of right-of-way. The property is not suitable for conversion to commercial use, since it cannot meet the standards for commercial use as set by the Community. A number of developmental standards variances would need to be approved by the Board in order to develop this property in the manner suggested. Also, the Petitioner has written Findings of Fact from perspective of tenants and hardship they may suffer. The standard for a Use Variance is that the need arises from a natural condition peculiar to the subject property --in fact, there is no condition of property to support conversion to commercial use. The public hearing was then closed. There was much discussion regarding the parking situation, a major issue. Parking on street is not a solution; with the 15 foot and 30 foot rights -of -way, this would pose a serious problem. In response to questions from the Board, Mr. Sanders said the upstairs will not be used for anything except possible storage. S: \Boardo fZoningAppeals�L'Minutes\2002\feb Page at Pat Rice asked if the petitioner had considered the Department's recommendations. Mr. Sanders responded in the affirmative, but disagreed with the Department's assessment of the parking situation. There is a parking lot across the street that could be used for additional parking. Ms. Rice was concerned about the lack of a landscape plan and a definitive parking plan —the lot across the street may not always be available. Mr. Sanders said he had met with the Urban Forester and he is willing to commit to planting a Redbud Tree and a Dogwood Tree. There is a proposed access ramp to the north and Mr. Sanders is willing to commit in writing to build the ramp if the Variance is granted. Mr. Weinkauf said with a two -chair facility, there would be four cars on the premises --two clients in chairs, two waiting —and the operators would need parking space for two carsA total of 6 cars, and 6 spaces needed. Mr. Sanders would like to use the existing curb cut off of First Street NW for additional cars rather than follow the City's recommendation of creating a curb cut off Second Avenue NW and taking down trees to install a parking lot and removing the current parking area. Donna Rissler, Salon Operator, addressed the Board and stated there is adequate parking available; people park parallel to the Monon and utilize the trail, the cafe on the corner, etc. Ms. Rissler proposed to park her car there all day and have the parking area available for clients. Pat Rice said the parking is an issue, and she would not be agreeable to having the petitioner park on the street all day. Earlene Plavchak asked about signage. Laurence Lillig responded the type of sign shown is prohibited in this area. The Sign Ordinance allows the type of sign shown in the Old Town District, but this property falls outside what the Sign Ordinance defines as Old Town. The illustrated sign in the packets is not in conformance. Leo Dierckman asked if the petitioner were willing to commit parcel No. 16 09-25-12-01-034- 000 as a part of the Variance to be used for additional parking. Mr. Sanders responded in the affirmative. Leo Dierckman moved for approval of Simeon Hawkins' Addition, Lot 15 (part) Docket No. UV-165-01, conditioned upon the following: 1) restriction of a 2-chair facility salon, no residential use permitted but residential character and existing structure of the building is to be maintained, 2) the second parcel No. 16 09-25-12-01-034-000 is to be included and used for parking and all employees must park in the provided lot on premises, and 3) planting the Redbud and Dogwood trees as suggested by the Urban Forester. The petitioner must return to the Board for necessary variances in respect to parking, landscaping, and signage, within 60 days. The motion was seconded by Chuck Weinkauf and APPROVED 5-0 WITH CONDITIONS. I. Old Business: S:\BoardofZoningAppeals\Minutes\2002\feb Page Hamilton Co., IN - Online Reports Page 1 of 1 Parcel Information Report 1. report type 2. property search 3. view reports Reset new search general parcel info. J spring tax statement tax payments property card fall tax statement Disclaimer: The information available through this program is current as of 11/812007. This program allows you to view and print certain public records. Each report reflects information as of a specific date; so the informatio different reports may not match. All information has been derived from public records that are constantly undergoing change and is not warranted for accuracy. It may not reflect the current information pertaining to the property of interest. Parcel No: 16-09-25-12-01-031.000 Property Address: 140 First St Nw Carmel, IN 46032 Deeded Owner: Sanders, Richard Owner Address: 11033 Haverstick Rd Carmel, IN 46033 Legal Description: SIMEON HAWKINS 82.5 X 66 A 02/22/89 FROM VANNATTA MTG 8903507 7/28/99 deed to Carmel for Monon Trail 14.82 ft fee simple 9944665 7/28/99 grant of right of way to Carmel 9944666. 12/24/03 2003-126946 declaratory judgment for Hamilton County in CSX Railroad 29-D03-9308-CP-404. Declares that CSX Railroad had easement interest only in this parcel. Section/Township/Range: 25/ 18/03 Subdivision Name: SIMEON HAWKINS Block: Deeded Acres: 0 Political Township: Clay Lot Number(s): P15 Most Recent Recorded Date: 2/23/2005 (Recorded Date might be due to a variety of changes; such as annexation, right-of-way, split, or deed.) This application is developed and maintained by the Information System Services Department. If you have any questions or comments, please contact i © 2005 Hamilton Co. 311.8101 4 CT Website Suggestions or Issues I Conditions of Use I Privacy Policy I Si a Map I Technical Help I HOME © 2006, Hamilton County, Indiana - all rights reserved. http://www.co.hamilton.in.us/apps/reports/rptparcelinfo.asp?sparcelno=16092512010310... 11 /14/2007 October 30, 2007 Thomas and 'Lynn Harris 131 First Avenue NW Carmel, IN 46032 U.S. Postal Service TM CERTIFIED MAILT. RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information: visit our website at www.usps.coma 0-IFF"CIAL ru Lri Postage $ I Certified Fee Z2- 0 Ratum Fee IE:3 (Endorsement Roq.'red) M Restricted Delivery Fee (Endorsern Required} 0 J- Total Post o 9 M T, Thomas and Lynn Harris r- 131 First Avenue NW .,;S t, A. W t� Carmel, IN 46032 r ,S,.,,, 0000 151 OLD Respectfully, Postmark Here Laura Rouse-DeVore Code Enforcement Inspector Department of Community Services Cc: File: 00001'510 VIA CERTIFIM MAIL you that our department has recently received some ie NW in the City of Carmel, a property listed under ,hat the site, which Is currently zoned IB-3, was being wppendix A, Schedule of Uses, of the Carmel/ Clay s not a permitted use in this zoning district. )nal notification of the regulations pertaining to the y zoned B-3. Should the site continue to be used as iforcement action may be necessary including court -nts regarding this matter, please feel free to contact r your cooperation. M ONE CIVIC SQUARE CAMEL, INDIANA 46032 317/571-2417 CA R y��! I City of Cannel i „ I " 0 1 s DEPARTMENT OF COMMUNITY SERVICES I � ARN Division of Building and Code Services VIA CERTIFIED MAIL October 30, 2007 Thomas and Lynn Harris 131 First Avenue NW Carmel, IN 46032 cop*i RE: POSSIBLE ZONING ORDINANCE VIOLATION Dear Sir or Madam: This letter is being provided to inform you that our department has recently received some concerns regarding 141 First Avenue NW in the City of Carmel, a property listed under your ownership. The concern cited that the site, which is currently zoned B-3, was being occupied as a residence. As per Appendix A, Schedule of Uses, of the Carmel/ Clay Zoning Ordinance, a residential use is not a permitted use in this zoning district. This letter shall serve as informational notification of the regulations pertaining to the permitted types of uses for a property zoned B-3. Should the site continue to be used as a residence in the future, further enforcement action may be necessary including court appearances and fines. If you have any questions or comments regarding this matter, please feel free to contact me at (317) 571-2476. Thank you for your cooperation. Respectfully, oj,,�R(0 Laura Rouse-DeVore Code Enforcement Inspector Department of Community Services Cc: File:00001510 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417 Hamilton Co., IN - Online Reports Page 1 of 1 Parcel Information Report 1. reporttype 2. property search 3. view reports Reset new search general parcel in spring tax statement tax payments property card fall tax statement Disclaimer: The information available through this program is current as of 30/4/2007. This program allows you to view and print certain public records. Each report reflects information as of a specific date; so the informatio different reports may not match. All information has been derived from public records that are constantly undergoing change and is not warranted for 4 accuracy. It may not reflect the current information pertaining to the property of interest. Parcel No: 16-09-25-12-02-032.000 Property Address: 141 First Ave Nw Carmel, IN 46032 Deeded Owner: Harris, Thomas A & Lynn 3 Owner Address: 131 First Ave Nw Carmel, IN 46032 Legal Description: HENRY ROBERTS 66.0 X 157.5 A 275-399 FR HINSHAW 12/14/77 301-417 FR STUMM 11/27/96 FR BOOTH 9650051 Section/Township/Range: 25/ 18/03 Subdivision Name: HENRY ROBERTS Block: Deeded Acres: 0 Political Township: Clay Lot Number(s): 3 Most Recent Recorded Date: Not Available. (Recorded Date might be due to a variety of changes; such as annexation, right-of-way, split, or deed.) This application is developed and maintained by the Information System Services Department. If you have any questions or comments, please contact I © 2005 Hamilton Co. U v1'o) O►'�' u�r Solar, Website Suggestions or Issues I Conditions of Use I Privacy Policy I Site Map I Technical Hem I HOME ' 3 © 2006, Hamilton County, Indiana - all rights reserved. http://www.co.hamitton.in.us/apps/reportslrptparcelinfo.asp?sparcelno=16092512O20320... 10/12/2007 Roads Zoning Interstate US Highway State Road Major Roads Minor Roads Subdivision Roads New Subdivision Roads Private Road or Drive Parcels: April 2006 Corporate Boundary Mapl R-4 SCALE 1 : 1,822 100 0 100 200 300 FEET B-3 R-4 B-5 B-5 B-1 B-1 http://g is2.cityofcarm el. neVm apg uidelmap/map/carm el. mwf Friday, October 12, 2007 9:23 AM 04 it qtl i � 4 ity of C BOARD OF ZONING APPEALS January 28, 2002 The regularly scheduled meeting commenced at 7:10 PM in the Council Chambers of City Hall, Carmel, Indiana. Members present: Leo Dierckman; Michael Mohr; Earlene Plavchak; Pat Rice; and Charles Weinkauf, thereby establishing a quorum. Department of Community Services Staff in attendance: Director Michael Hollibaugh; Laurence Lillig; Jeff Kendall, Building Commissioner. The minutes of the November 2001 meeting were approved as submitted. John Molitor reported on the Executive Session this evening in which pending litigation items were discussed. The litigation on the Cell Tower in the northwest part of the township will go to mediation and John Molitor recommended the Board authorize Director Michael Hollibaugh to represent the Board at the mediation session in early April. Pat Rice moved to allow Director Michael Hollibaugh to represent the Board of Zoning Appeals in the mediation of the Cell Tower litigation. This motion was seconded by Earlene Plavchak and APPROVED 5-0. John Molitor also reported on pending State legislature intended to clarify notice requirements for lawsuits filed on behalf of remonstrators when the remonstrators are the aggrieved party after a Board decision. Senate Bill 341 is authored by Senator Murray Clark who represents part of the township. The legislation also states that it is not necessary to name remonstrators when the petitioner is filing a lawsuit. Department Report, Laurence Lillig. The following items are tabled for this evening: lh through 9h, Lakes at Hazeldell; item 10h, WTF Sprint Spectrum, A-97-01; Northwood Hills Section 1, Lot 6, Docket SU-161-01; Old Business Item li., Lakes at Hazeldell Subdivision Section 1, Common Area 3. At this time, there was open discussion regarding Docket No. SU-161-01 Northwood Hills, Section 1, Lot 6, Special Use petition that was Tabled due to improper Publication of Notice. The petition expired in November 2001. Michael Mohr made motion to give formal notice to the Eastons, either by John Molitor or the City Attorney, that their property must be brought into compliance by midnight February 25 or Special Use filed for hearing at the February 25th meeting. The motion was seconded by Leo Dierckman and APPROVED 5 in favor, 0 opposed. S:\BoardofZoningAppeals\Min-utes\2002jan Election of Officers: Michael Mohr was elected President by Unanimous Consent. Pat Rice was elected Vice President by Unanimous Consent. H. Public Hearing: 3h-5h. These Items Currently Tabled: Lakes at Hazel Dell, Section 1, Lot 16 (UV-133-00; V-156-00; V-157-00) Petitioner seeks a Use Variance of Section 5.1: Permitted Uses in order to establish a temporary model home/sales office. Petitioner also seeks Developmental Standards Variances of Sections 25.7.02-7(c): Maximum Sign Area; and 25.7.01-7(d): Maximum Sign Height. The site is zoned S- I /Residence —Low Density. Filed by Joseph M. Scimia of Baker & Daniels for Zaring Homes of Indiana. 6h. This Item Currently Tabled: Lakes at Hazel Dell, Section 1, Lot 17 (UV-134-00) Petitioner seeks a Use Variance of Section 5.1: Permitted Uses in order to establish a temporary model home/sales office. The site is zoned S-1/Residence — Low Density. Filed by Joseph M. Scimia of Baker & Daniels for Zaring Homes of Indiana. 7h-IOh. These Items Currently Tabled: Lakes at Hazel Dell, Section 1, Lot 237 (UV-135-00; V-153-00; V-154-00; V-155-00) Petitioner seeks a Use Variance of Section 5.1: Permitted Uses in order to establish a temporary model home/sales office. Petitioner also seeks Developmental Standards Variances of Sections 25.7.02-7(b): Number and Type of Signs; 25.7.02-7(c): Maximum Sign Area; and 25.7.02-7(d): Maximum Sign Height. The site is zoned S-1/Residence — Low Density. Filed by Joseph M. Scimia of Baker & Daniels for Zaring Homes of Indiana. 1 lh. This Item Currently Tabled: Lakes at Hazel Dell, Section 1, Lot 238 (UV-136-00) Petitioner seeks a Use Variance of Section 5.1: Permitted Uses in order to establish temporary model home/sales office. The site is zoned S-1/Residence — Low Density. Filed by Joseph M. Scimia of Baker & Daniels for Zaring Homes of Indiana. 12h. Concord Village, Section 4, Lot 125 (V-112-01) Petitioner seeks a Developmental Standards Variance of Section 8.4.3(A): Minimum Front Yard in order to encroach 3' 6" into the 35-foot R-2/Residence Minimum Front Yard (yielding a 31' 6" front setback). The site is located at 412 Lexington Boulevard. The site is zoned R-2/Residence. Filed by Gary Vickrey for Walter M. & Tamara B. Keck. S:\BoardofZoningAppeals\Minutes\2002\feb Page Walter Keck, 412 Lexington Boulevard, Carmel appeared before the Board requesting a Variance to allow a front porch to encroach 3' 6" into the minimum front yard setback. Tara Ashley Keck, daughter, was also in attendance. Members of the public were invited to speak in favor or opposition to the petition; no one appeared and the public hearing was closed. Chuck Weinkauf moved for approval of Docket No. V-112-01. The motion was seconded by Leo Dierckman and APPROVED 5-0. 13h. Northwood Hills, Section 1, Lot 6 (SU-161-01) Petitioner seeks approval of a Special Use to continue a commercial kennel use originally Approved with Conditions for a period of eighteen (18) months on May 22, 2000, as Docket No. SU-19-00. The site is located at 6320 Northwood Drive. The site is zoned S- 1/Residence — Low Density. Filed by Gerald & Evelyn J. Easton. See Discussion Notes on page 1. 14h. Dan Young (Penske) Chevrolet (SUA-162-01) Petitioner seeks approval to amend the Special Use Amendment approval granted June 25, 2001, as Docket No. SUA-71-01. The site is located at 3120 East 96`h Street. The site is zoned B-3/Business located partially within the SR 431/Keystone Avenue Overlay Zone. Filed by Charles D. Frankenberger of Nelson & Frankenberger for Dan Young Chevrolet. Present for Petitioner: Charlie Frankenberger, 4983 St. Charles Place, Carmel, attorney; and Chuck Kotterman, architect, representing Penske Chevrolet, formerly Dan Young. Request is for a Special Use; petitioner will be appearing at Plan Commission committee February 5. Previously approved: 19,500 square foot extension of the east end of the north building closest to Keystone Office Park, and secondly, the reduction of the south building was also approved. Since the approvals, the petitioner decided to eliminate the 19,500 square foot extension on the east side of the north building. The petitioner will be installing a 7,750 square foot addition on the west side of the north building; and 3,000 square feet will be added to the north end of the south building. Members of the public were invited to speak in favor or opposition to the petition; no one appeared and the public hearing was closed. The previous approval (SUA-71-01 was approved with the condition the petitioner dedicate a 75 foot one-half right-of-way along 96`h Street and this has been accomplished. Regarding the current matter, SUA-162-01, the Department is recommending approval conditioned upon satisfactory resolution of Docket No. 162-01 ADLS Amendment before the Plan Commission. S:\BoardofZoningAppeals\Minutes\2002\feb Page Leo Dierckman moved for approval of SUA-162-01, conditioned upon the approval of Docket No. 162-01 ADLS Amend currently before the Plan Commission. The motion was seconded by Earlene Plavchak and APPROVED 5-0 with conditions as noted. 15h. Simeon Hawkins' Addition, Lot 15 (part) (UV-165-01) Petitioner seeks a Use Variance of Section 10.1: Permitted Uses in order to establish a two -chair beauty shop in an existing residential structure. The property is located at 140 First Street Northwest. The property is zoned R-4/Residence. Filed by Richard Sanders. Present for Petitioner: Richard Sanders, 11033 Haverstick Road, Carmel, owner of property located at 140 First Street NW., and Salon Operator Donna Rissler, Bryn Mawr, Noblesville. Remonstrance: Howard Box, 130 First Street NW, requests clarification and qualification. Concerns: Zoning variance should be restricted to beauty salon use and two chair capacity salon. Concern is for stability of area and community growth. Vicki Collier, 131 Second Avenue NW, echoes Howard Box's comments. Also would like restrictions on capacity of salon. Opposed: None Department Recommendation: Negative Consideration. Parking does not and cannot meet standards for commercial use; landscaping does not meet standards, rights -of -way for both First Street NW and Second Avenue NW are deficient from standards of City. First Street has a 30 foot existing right-of-way; Second Avenue has a 15 foot right -of -way —the commercial standard is 60 feet of right-of-way. The property is not suitable for conversion to commercial use, since it cannot meet the standards for commercial use as set by the Community. A number of developmental standards variances would need to be approved by the Board in order to develop this property in the manner suggested. Also, the Petitioner has written Findings of Fact from perspective of tenants and hardship they may suffer. The standard for a Use Variance is that the need arises from a natural condition peculiar to the subject property --in fact, there is no condition of property to support conversion to commercial use. The public hearing was then closed. There was much discussion regarding the parking situation, a major issue. Parking on street is not a solution; with the 15 foot and 30 foot rights -of -way, this would pose a serious problem. In response to questions from the Board, Mr. Sanders said the upstairs will not be used for anything except possible storage. S:\BoardofZoningAppeals\Minutes\2002\feb Page Pat Rice asked if the petitioner had considered the Department's recommendations. Mr. Sanders responded in the affirmative, but disagreed with the Department's assessment of the parking situation. There is a parking lot across the street that could be used for additional parking. Ms. Rice was concerned about the lack of a landscape plan and a definitive parking plan —the lot across the street may not always be available. Mr. Sanders said he had met with the Urban Forester and he is willing to commit to planting a Redbud Tree and a Dogwood Tree. There is a proposed access ramp to the north and Mr. Sanders is willing to commit in writing to build the ramp if the Variance is granted. Mr. Weinkauf said with a two -chair facility, there would be four cars on the premises --two clients in chairs, two waiting —and the operators would need parking space for two cars —A total of 6 cars, and 6 spaces needed. Mr. Sanders would like to use the existing curb cut off of First Street NW for additional cars rather than follow the City's recommendation of creating a curb cut off Second Avenue NW and taking down trees to install a parking lot and removing the current parking area. Donna Rissler, Salon Operator, addressed the Board and stated there is adequate parking available; people park parallel to the Motion and utilize the trail, the cafe on the corner, etc. Ms. Rissler proposed to park her car there all day and have the parking area available for clients. Pat Rice said the parking is an issue, and she would not be agreeable to having the petitioner park on the street all day. Earlene Plavchak asked about signage. Laurence Lillig responded the type of sign shown is prohibited in this area. The Sign Ordinance allows the type of sign shown in the Old Town District, but this property falls outside what the Sign Ordinance defines as Old Town. The illustrated sign in the packets is not in conformance. Leo Dierckman asked if the petitioner were willing to commit parcel No. 16 09-25-12-01-034- 000 as a part of the Variance to be used for additional parking. Mr. Sanders responded in the affirmative. Leo Dierckman moved for approval of Simeon Hawkins' Addition, Lot 15 (part) Docket No. UV-165-01, conditioned upon the following: 1) restriction of a 2-chair facility salon, no residential use permitted but residential character and existing structure of the building is to be maintained, 2) the second parcel No. 16 09-25-12-01-034-000 is to be included and used for parking and all employees must park in the provided lot on premises, and 3) planting the Redbud and Dogwood trees as suggested by the Urban Forester. The petitioner must return to the Board for necessary variances in respect to parking, landscaping, and signage, within 60 days. The motion was seconded by Chuck Weinkauf and APPROVED 5-0 WITH CONDITIONS. I. Old Business: S:\BoardofZoningAppeals\Minutes\2002\feb Page li. Lakes at Hazel Dell Subdivision, Section 1, Common Area 3 (SUA-88-00) Petitioner seeks to amend the lifeguarding commitment made as part of the Board's approval (Docket No. SU-37-99; approved August 23, 1999) of the amenity area. The site is located at 12474 Dellfield Boulevard West. The site is zoned S-1/residence. Filed by Joseph M. Scimia of Baker & Daniels for Zaring Homes of Indiana. TABLED There being no further business to come before the Board, the meeting was adjourned at 9:05 PM. Michael Mohr, President Ramona Hancock, Secretary S:\Boardof7-oningAppeals\Minutes\2002\feb Page