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HomeMy WebLinkAboutMinutes BZA 10-27-08 u u L City of Carmel MINUTES Carmel Board of Zoning Appeals Regular Meeting Monday, October 27,2008 6:00 PM Council Chambers Present: James Hawkins (President) Leo Dierckman Earlene Plavchak Madeleine Torres Connie Tingley (Recording Secretary) Absent: Kent Broach Staff members in attendance: Mike Hollibaugh, DOCS Director Rachel Boone, Planning Administrator Angie Conn, Planning Administrator Legal Counsel: John Molitor Previous Minutes On amotion made by Madeleine Torres and seconded by James Hawkins: The Minutes for the meeting dated September 22, 2008 were approved as circulated. MOTION CARRIED UNANIMOUSLY Department Report: Rachel Boone Tabled to November 24,2008: Esrael Kennel, Docket No. 08080009 UV Towne Rd Communications Tower, Docket Nos. 08080011 SE & 08080014 V Tabled to December 15, 2008: Circle K/Shell, Docket Nos. 08030019 V through 08030025 V Legal Report: Moved to end of agenda. Public Hearing: 1-5h. West Carmel Shoppes (US 421) - Signage The applicant seeks the following development standards valiance approval: Docket No. 08090003 V Ch. 25.07.02-09 b) Number of signs Docket No. 08090004 V Ch. 25.07.02R09 b) Sign not facing a public ROW (no~) Docket No. 08090005 V Ch. 25.07.02-09 b) Sign not facing a public ROW (south) Docket No. 08090006 V Ch.25.07.02-'09 b) Not all tenants represented on sign (north) Docket No. 08090007 V Ch. 25.07.02-09 b) Not all tenants represented on sign (south) The site is located at 4335 W. 106lh St. It is zoned B-3, Wide variety of commercial and office uses in transitional locations. Filed by Don Miller of A Sign By Design. Page 1 00 Cannel Board of Zoning Appeals October 27, 2008 PresentJor Petitioner: Don Miller c Requesting two signs not facing US 421 public right-of-way . Signs would be at each end of the strip center facing out towards oncoming traffic . Site map shown ., View of this center is blocked by businesses on outlots along US 421 o One sign would face outward to .1 o6th street o One sign would face outward to private..drive G Sign renderings shown . Internally illuminated and landscaped u Public Hearing Closed Department Report: Rachel Boone e Proposed signs fit Sign Ordinance criterja for size and height (33 square feet, less tban 6 feet tall) . One-sided to face oncoming traffic . More than ten tenant panels would be difficult to read . Center feels hardship from not enough visibility . County would not allow sign in 106th Street right-of-way . Off premise sign not permitted along US 421 Department recommended positive consideration o Motion: On a motion made by James Hawkins and seconded by Leo Dierckman: Docket Nos. 08090003 V through 08090007 V, West Carmel Shoppes (US 421) - Signage be approved. MOTION CARRIED UNANIMOUSLY 6h. Lakeview Healtb Care Center The applicant seeks the following use variance approval: Docket No. 08090010 UV AppendiX A: Use Table Parking.lot on residentially-zoned property The site is located at 2907 East 136th 8t and is zoned R2/medium-density residential. Filed by Charles Frankenberger of Nelson & Frankenberger for Gibatilt, Inc. Present for Petitioner: Charlie Frankenberger, Nelson & Frankenberger, Jim Sinclair and Fran Jenkins, Gibault, Inc., Steve Dehne, property. owner, and Jon Dobosiewicz, Nelson & Frankenberger . Gibault is contract purchaser of 3 acres . Aerial map shown o Part is occupied by the Lakeview Health Care Center . Gibault is not-far-profit founded in 1921 by the Knights of Columbus as a home for wayward boys . Over time it has evolved to meet the needs of all ages · Gibaultwill acquire and continue the operation of Lakeview Health Care Center U G Building has slight enCroachment into R-2 since 1985 ADLS G Exlsting parking locatedinR-2as an accessory use since 1985 . . Parking lot serving a business not allowed in R-2, under current zoning Page 2 of7 u c L Cannel Board of Zoning Appeals October 27,2008 · Building ei:icroachmentand parking inR-2 were discovered during Gibault's due diligence o Error in corresponding 1985 meets & bonds legal description failed to close the gap in the parcel " This is clean-up and affirmation of 1985 approval III Certain B-2 uses have been prohibited & attached to Findings of Fact Public Bearing Closed Department Report: Rachel Boone · This is a correction to complete the purchase of the property . This will close the gap on the legal description III This will allow the parking lot use to continue II Nothing wi11change - uses will remain the 'Same ID Petitioner committed to limiting uses on the parcel Department recommended positive consideration Discussion: . Impacton any future road development e 6 acres in entire parcel o Part will be taken for road development - not any part pertaining to this petition Motion: On a motion made by James Hawkins and seconded by Madeleme Torres: Docket No. 08090010 UV, L~keview Health Care Center be approved with. the Condition stated in the Findings of Facts. MOTION CARRIED UNANIMOUSLY 7h. Quail Glen Ct Patio The applicant seeks the following development standards variance approval: Docket No. 08090023 V Section 7.04.03F Lot coverage over 35% The site is located at 1604 Quail Glen Ct andis zoned R1I5ingle-Family Residential. Filed by Tim and Mary Ellen Clifford, owners. Present for Petitioner: Mary Ellen and Tom Clifford o Rear yard backs up toan~y behind .Centre Mall III They want to extend patio into the rear yard II Aaron Hoover measured th~ depth of sewer and direction of pipes . Pipes faced the Centre Mall .. Aaron Hoover stated there would be no problems with drainage . Unlikely they would need to dig in the rear yard Ii) They need to avoid obstructing the manhole " Homeowners Association Architectural Committee gave approval e Each neighbor was fine with the project . Existing yard is steep slope . Patio would make the yard useable . Three privacy panels will piovideprivacy from alley . Panels would block noise from alley Page 3 of7 Carmel Board of Zoning Appeals October 27,2008 . Panels would provide safety o Dept of Engineering reports confirm this inspection U o Homeowners Association report confirms patio would not be on commQn area and not close to . property line . Public Comments: Favorable Marti Stigers, 1554 Olen Manor C;ourt, Fairgreen Trace Subdivision o Past wor;k has been tasteful and well-designed ' G They have enhanced the value of the it home and the neighborhood . Mr. Doar only neighbor visually impacted and he has sent email of support"& approval . Email from Assistant City Engin~er states:the improvement appears to have no negative impact on adjacent properties or water run-off . Mrs. Clifford ,is a member of the Architectural Committee, but did not participate in the approval process for this project e This is not a zero lot line community as stated in an anonymous letter Department Report: Rachel Boone . The patio and panels will block the Petitioner's view from the shopping center behind their yard . Patio is not permitted by Homeowners Association o The fence height for the panels isJimited to 6 feet o A permit to encroach into the utility easement will be needed before the Stop Work order can be lifted It Dept of Engineering confirmed it would not have a negativeirripact on drainage or storm water run off . Lot coverage will be 45% which is 10% more than permitted . Improvements would not be visible from the righf-of-way o Department recommended positive consideration Motion: On a motion made by James Hawkins and seconded by Madeleine Torres: Docket Nos. 08090023 V, Quail Glen Court Patio be approved. l\10TION CARRIED UNANIMOUSLY 8h. Esrael Kennel TABLED UNTIL NOVEMBER 24 The applicant seeks the following use variance approval: Docket No. 08080009 uv Appendix A: Use Table More than three animals on residential property The site is located at 806 Alwyne Road and is zoned R2/medium-density residential. Filed by Trevor & Ann Esrael, owners. 9-10h. Towne Rd Communications Tower TABLED UNTIL NOVEMBER 24 The applicant seeks the following development standards variance and special exception approvals: Docket No. 08080011 SE Section 25.13 CommillJications tower in residential district D Docket No. 08080014 V Section 25.13(B) Setback less than 100' per tower height from property line. The site is Jocated at 11104 Towne Road and is zoned Sl/Low-density residential. Filed by Brian Ramirez for American Tower Corporation. Page 4 of7 u u Carmel Board of Zoning Appeals October 27,2008 11-23b. . St. Vincent Sports Performance Center The applicant seeks the following development standards variance approvals: . Docket No. 08070002 V Cb.23.B.09J) Sloped roof exceeding 100' without change in plane. Docket No. 08070003 V Ch. 23.B.8.05.B.l.a Increase in maximum first floor gross floor area over 40% Docket No. 08070004 V Ch.27.03.02 Elimination of~traight concrete curbs on parking islands Docket No. 08070005 V Ch. 23.B.12.a Parking between US 31 & 90' build-to line Docket No. 08090013 V Ch. 25.07.02-10 c) Increase inwaU sign area - east Docket No. 08090014 VCh. 25.07.02-10 c) Increase in wall sign area - west Docket No. 08090015 V Ch. 25.07.02-10 b) Total number of signs Docket No. 08090020 V Ch. 25.07.02-10 b) Two signs facing one right of way Docket No. 08090021 V Ch..25.07.02-10 b) Ground sign height Docket No. 08090022 V Ch. 25;07.02-10 b) Ground sign located in the right of way Docket No. 08090024 V Ch. 25.07.02-10 b) Wall sign not facing a right of way - east Docket No. 08090025 V Ch. 25.07.02-10 b) Wall sign not faciIigaright of way - west Docket No. 08090026 V Ch. 26.04.02 Reduction in perimeter yard buffering The site is located at 13400 North Meridian. St and is zoned S2/Single-Family Residential in the US 31 Overlay. Filed by Paul Reis of Bose McKinney & Evans LLP for BremnerDuke Healthcare Real Estate. Leo Dierckman stated he did not need to recuse himself from this S1. Vincent petition. He had only needed to recuse himself from the last specific St. Vincent petition. Present for Petitioner: Paul Reis, Bose McKinney & Evans, Pat Shea, Bremner Duke Health Care Real Estate and John Sheidler, Woolpert Engineers Extensive book detailed the variances for this project Site plan shown with existing bUildings and neighborhoods Nearby neighborhood recently rezoned Part of existing surface. parking will be redeveloped into this project Part of the site is in the Old Meridian District and part in the US 31 Overlay, creating two sets of development standards Computer rendering showed the proposed center Sports performance center is large open first floor area creating the roofline without a change in plane Significant architectural details add character to the building Gross floor area in sports performance area dwarfs the medical office building Elimination of curbs will aid the storm water drainage into the parking islands/swales Restricted parking for the professional staff will be close to the building within the build-to line Parking will have limited visibility along US 31 Signs on east and west facades will facilitate visibilIty and proper identification Logo signage will be used Additional ground sign at 131 st Street to accommodate that entrance will match main hospital entraIice signage East and 'west wall signs do not face US 31 East and west wall signs increased from 90 square feet to 100 square feet for visib~lity from over1800 feet Landscape buffer would be discontinued on the southern portion of entrance drive Page 5 of7 . e II) It G GI Q . . . . III I) III e L 0 . c Carmel Board of Zoning Appeals October 27,2008 . Ample landscape buffer on the northern portion will remain . Cross right-of-way may go through southern portion in the future u Public Hearing Ciosed Department Report: Rachel Boone . This building is part of the overall St. Vincent campus ." Will compliment existing buildings G Permitted use in this zoning district . Gym area CI;eates the large roof without change in plane . Parking would be within the 90'-foot build-to line, but 30-foot greenbelt would remain . Decreased bufferyard will not negatively impact the neighbors . Adjacent North Meridian Heights subdivision has been rezoned for commercial uses . lncreased sign area reasonable considering distance from US 31 . Wall signs not facing US 31 will increase visibility Department recommended positive consideration of all variances Motion: Ona motion made by James Hawkins and seconded by Leo Dierckman: Docket Nos. 08070002 V-08070005 V, 08090013 V-08090015 V, 08090020 V~08090026V, St. Vincent Sports Performance Center be approved. MOTION CARRIED UNANIMOUSLY Old Business o 1-7i. Circle K1Shell TABLED Ul'lTIL DECEMBER 15 The applicant seeks the following development standards variance approvals: Docket No. 08030019 V Section 23F.05.01B Build-to line greater than 10' Docket No. 08030020 V Section 23F.07.02 Height under 26' Docket No. 08030021 V Section 23F.07.01 One occupiable floor Docket No. 08030022 V Section 23F.08.01 Floor Area Ratio mininium 0.5 Docket No. 08030023 V Section 23F.06.02 Frontage minimum 70% Docket No. 08030024 V Section 23F.15.02 Parking located in front of building DocketNo. 08030025 V Section 73F.11.03 Landscaping & screening The site is located at 1230 South RangelineRoad and is zoned B3/Business, within the Carmel DrivelRangeline Road Overlay. Filed by Donald Fisher of Insight Engineering for Mac's Convenience Stores, LLC. Legal Report: John Molitor 4) Point of Information: Page 8, Septemher 22,2008 minutes, regarding reduced buffer area between Martin Marietta and Kingswood o Transfer of possessor rights to APOs o Current desire to convey real estate to APOs at this time o Requested determinationfrotll Mike Hollihaugh that it would not affect the Board's approval of the reduced buffer from 300 feet to 150 feet D o Theoretically proper owners wiil be 60 feet closer o City's portion would.be conveyed later . o City will receive the lake portion later and the buffer as well Page 60f7 u u u Cannel Board of Zoning Appeals October 27,2008 . Rule change o Revocation of prior approvals . Public Hearing required · Petition docketed as an "R" Motion: On a motion made by James Hawkins and seconded by Leo Dierckman: This Revocation section be incorporated into the Rules of Procedure. MOTION CARRIED UNANIMOUSLY . Rule change o Move item from Hearing Officer agenda to regular Hearing agenda III According to Ordinance, must be made by the Director at least five days in advance to comply with State Law and minimum five days notice to all interested parties iii Need to change Rules of Procedure to allow Director to move the item the night of the Hearing . Not a problem with State Law II Requires change in Zoning Ordinance through Plan Commission and City Council Motion: On a motion made by Leo Dierckman and seconded by James Hawkins: The Meeting be adjourned. MOTION CARRIED UNANIMOUSLY The meeting adjourned at 7:20 PM. Approved this ;< 1 day of JtI~~ 2008: .~//? /I1z--: P~ident - James R. Hawkins } \ e~r& S C /1. T:~ ecretary - oJIDle (911 ey S:\Board of Zoning Appeals\Minutes\BOard of Zoning Appeals - 2008120081027 Itf Page 7 of7