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Carmel/Clay Advisory Board of Zoning Appeals
Regular Meeting
Monday, July 28, 2003
The regularly scheduled meeting was held at 7:00 PM in the Council Chambers of Carmel City Hall
on July 28, 2003. Those members in attendance: Leo Dierckman, Michael Mohr, Earlene Plavchak,
Pat Rice, and Charles Weinkauf. Department of Community Services Staff in attendance: Planning
Administrators Jon Dobosiewicz and Angie Butler. John Molitor, Legal Counsel was also present.
Vice President Pat Rice called the meeting to order. President Michael Mohr arrived during the roll
call and led the remainder of the meeting.
Mrs. Plavchak moved to approve the minutes from the June 23, 2003 meeting. The motion was
seconded by Mr. Dierckman and APPROVED 5 -0.
Mr. Molitor deferred his report to the end of the meeting.
Mr. Dobosiewicz gave the Department Report. Two items require the Board to suspend the rules.
Public Notices for V -71 -03 item 4h and V -72 -03 item 5h were each two days late.
Mrs. Rice moved to suspend the rules. The motion was seconded by Mrs. Plavchak and
APPROVED 5 -0.
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1 -2h. College Park Baptist Church (SU- 62 -03, V- 69 -03) S U` 4 5—'q0
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SU -62 -03 #03050023 §5.2 church expansion
Petitioner seeks the following Development Standards Variance:
V -69 -03 #03060001 §5.04.1 building height is over allowed by 5.5'
The site is located at 2606 W. 96 Street. The site is zoned S- 1/Residential (Very
Low Intensity).
Filed by Lawrence Kemper of Nelson Frankenberger on behalf of College Park
Baptist Church.
Present for the Petitioner: Larry Kemper, Nelson Frankenberger, 3021 E 98 Street, Carmel, IN.
Joe Rice, College Park Baptist Church, Bob Doster, Schneider Engineering, and Dick Young and
Len Wolfson, Wolfson -Young Architects. Mr. Kemper discussed the history of the real estate and
the church, the current condition of the real estate and the church, the proposed addition to the
church, and the hardship justifying the variance requested. The church was granted Special Use in
1990. In 1996 the Board granted a Development Standard variance for a 25,000 addition, as well
as allowing the addition to exceed the maximum building height allowed by the ordinance at that
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Carmel /Clay Advisory Board of Zoning Appeals
July 28, 2003
Page 2 of 11
time. An aerial photograph was shared. The southern boundary of the real estate is 96 Street. The
eastern boundary is Towne Road. The northern boundary heads west, then north, then west along
three elongated parcels and then south along the western edge of this third elongated parcel to 96
Street. The current location of the church is well setback from both 96 Street and Towne Road.
The current entrances are on 96 Street and Towne Road. There currently exist several structures
on the southwest corner of the real estate. The proposed site plan was shown. The existing
entrances will be moved farther west on 96 Street and farther north on Towne Road. The existing
structures on the southwest corner will be demolished and will be replaced primarily by parking
and landscape areas. The proposed addition will be located on the northwest corner of the existing
facility. The current church contains approximately 73,000 square feet and the addition will
contain approximately 70,000 square feet for narthex, sanctuary, and storage. Exhibits were
shown. The proposed height of the sanctuary is 40 feet 6 inches to accommodate the feeling and
openness of the sanctuary and to allow a second story for seating.
Opposition:
Dwayne O'Neal, attorney with Lewis and Kappes, 1700 One American Square, Indianapolis, IN,
on behalf of North Pointe Bay Condominium Association and the people who live south of 96
Street. They were presented with the plans last Wednesday and are requesting a continuance until
the next meeting so that they had an opportunity to review the petition with regard to the location
of the entrance and additional paving.
Rebuttal:
Mr. Kemper stated the entrance being relocated was at the request of the County Highway
Department. The passing blister will be constructed within the right -of -way and no additional
right -of -way will be acquired from the North Pointe Bay owners. There will still be fourteen feet
of right -of -way between the edge of the pavement of 96 Street and the right -of -way line. In
addition there will be fifty feet between the right -of -way and the nearest building corner.
Jon Dobosiewicz gave the Department Report. He added that with regard to right -of -way
dedication along Towne Road and 96 Street, the Department would ask the Board approve the
request subject to dedication pursuant to the Thoroughfare Plan along both Towne Road and 96
Street. The Department, in conjunction with the Highway Department, requested the petitioner to
make the modification to provide two new points of ingress and egress while closing the existing
cuts which are closer to the intersection of Towne Road and 96 Street. The passing blister is a
typical improvement the Board requires at locations that generate this degree of traffic and will
enhance public safety along the right -of -way.
Mrs. Plavchak asked if notice was made to the neighbors?
Mr. Dobosiewicz replied that notice was made either to the association or individual owners July
2, 2003.
Discussion followed regarding the entrances and right -of -way on 96 Street.
Len Wolfson, Wolfson -Young Architects, 9510 Ross Lane, Indianapolis, IN. An artist rendering
was shown. The materials will match in brick and coloring.
Public in opposition:
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Carmel /Clay Advisory Board of Zoning Appeals
July 28, 2003
Page 3 of 11
Pam Delsorto, 2612 Chase Link Court, North Pointe Bay Condos. She lives on 96 Street and her
home will be 100 feet west of the new entrance and within 200 feet of the existing Condo exit. She
does not feel the passing lane is for the betterment. The speeding traffic will be closer to the homes.
She would like a barrier.
Kathy Baker, 2562 Chase Way Court, North Pointe Bay Condos. She had a petition with 48
signatures that states they are concerned about the passing berm.
Discussion followed regarding the turning lane and highway modifications.
Mr. Kemper stated the County Highway Department requested the new 96 Street entrance be
moved further west so that it would be as far away as possible from the 96 Street and Towne Road
intersection to reduce the traffic impact and stacking problems that currently exist.
Discussion followed regarding tabling the variances until the North Pointe Bay Condos
Association could contact the County Highway Department regarding moving the entrance and
adding the passing blister on 96 Street.
Mr. Dierckman moved to approve, subject to the County Thoroughfare Plan, SU -62 -03 and
V- 69 -03, College Park Baptist Church. The motion was seconded by Mrs. Plavchak and
APPROVED 5 -0.
3h. H &R Block -East 98th Street (V- 70 -03)
Petitioner seeks the following Development Standards V nce:
V -70 -03 #03060002 §25.07.02 -10b se nd wall sign
The site 's located at 3003 E. 98th St #006, and the si is zoned B -3 in the US 431
Overlay.
Filed by Kevin 'hillips of Freeman Sign Co. on /half of H &R Block.
Present for the Petitioner: Kevin P lips, 7078 West 9alen Drive, Avon, IN, Tom Spencer,
Meridian Management, owner of the pro. erty and Kev Dolen H &R Block. An aerial view and
digital photo were shown. H &R Block has c nged i,Ksign criteria to match the office park signs.
The new sign will be placed on the southwest e .tion. The green logo has been deleted. The sign
is approximate thirty feet in the air. There no public safety access to area. It is a low -key
self illuminated sign with black -white Plex' as. Durin. he day it shows up as black and at night it
is low -key grayish color. The sign is 'ndividual chann. letters mounted on a raceway and
self- contained. The letters are 18 inc. s and overall expanse 1 8 feet.
Members of the public were i ■ited to speak in favor of or oppos on to the petition. No one
appeared.
Jon Dobosiewicz gave t e Department Report. This item appeared before the Plan Commission
Special Studies Com tee on May 13, 2003 and received approval as far as design. The petition is
for an additional si.n, both oriented toward Keystone. The Department is recommending
favorable consideration subject to the findings as recommended by the Department as presented.
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