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MINUTES
Carmel Board of Zoning Appeals
Regular Meeting
Monday, October 26, 2009
6:00 pm
Council Chambers
Present: James Hawkins, President
Kent Broach
Leo Dierckman
Earlene Plavchak
Rick Ripma, Alternate
Connie Tingley, Recording Secretary
Staff members in attendance: Mike Hollibaugh, DOCS Director
Christine Barton- Holmes, Planning Administrator
Legal Counsel: John Molitor
Previous Minutes:
One a motion made by Kent Broach and seconded by James Hawkins:
The minutes for the meeting dated September 28, 2009 were approved as circulated.
MOTION CARRIED UNANIMOUSLY
Department Report: Christine Barton- Holmes
Items 9 -10h, MG Hair Design signage tabled until November 23
Item 11h, Meridian Main tabled until December 21
Item li, 646 Johnson Drive Appeal tabled indefinitely
Legal Report: John Molitor
Recommended Executive Session for next month to discuss pending litigation
Public Hearing:
lh. College Park Modular Classrooms
The applicant seeks the following special use amendment approval:
Docket No. 09090022 SUA Appendix A: Use Table Up to 4 temporary modular classrooms
The site is located at 2606 West 96 Street and is zoned S1 /Single family residential.
Present for Petitioner:
Mitch Peterson, College Park Church Administrator
Growth spurt in attendance and membership
Current facility maxed out
Feasibility study of potential building expansion to north and west of current building
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Carmel Board of Zoning Appeals
October 26, 2009
Need 2 additional modular classrooms to increase Sunday morning space for adult education
Current modulars approved in 2006
o Used for Junior High ministry
New modulars set back with landscape buffering
o Renderings shown
o 30 feet from existing structure
o Picture shown
Favorable:
Christine Altman, attorney representing McElroy property at 2350 W. 96 Street
No objection to 24 -month temporary use of modulars
Rabbi Grossbaum, Lubavitch Congregation
Congregation supports project
Public Hearing closed
Department Report:
Christine Barton- Holmes
Two modular classrooms would match existing modulars
Request would extend use of existing modulars
Construction staging area located at rear of building
Site heavily wooded and set back from road
Landscape screening
Recommend limit to 24 months
Department recommended positive consideration.
Discussion:
Location of modulars 30 feet from existing building
Motion: On a motion made by James Hawkins and seconded by Leo Dierckman:
Docket No. 09090022 SUA, College Park Modular Classrooms be approved for a period of
24 months.
MOTION APPROVED UNANIMOUSLY
2 -7h. Guilford Commons Townhomes
The applicant seeks the following development standards variance approvals:
Docket No. 09090003 V Section 18.04.03 Reduction of minimum side yard
Docket No. 09090005 V Section 18.04.04 Reduction of aggregate side yard
Docket No. 09090006 V Section 18.04.05 Reduction of rear yard
Docket No. 09090007 V Section 18.04.06 Reduction of lot width
Docket No. 09090008 V Section 18.04.07 Reduction of minimum lot size
Docket No. 09090009 V Section 18.04.09 Increase in maximum lot coverage
The site is located at 531 Guilford Road and is zoned B7 /Commercial.
Filed by Jon Dobosiewicz of Nelson Frankenberger and Justin Moffett for Guilford Commons, LLC.
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Carmel Board of Zoning Appeals
October 26, 2009
Present for Petitioner:
Jim Shinaver and Jon Dobosiewicz, Nelson Frankenberger; Justin Moffett, Guilford Commons
Aerial shown of area
Formerly approved by Plan Commission as Guilford Patio Homes
o Will contain 40 duplex and triplex units
o Intended as condominium community/horizontal property regime
Site prepared; first model built
Originally to be sold as condominium units under HPR rules
o With current economy, difficult for buyers to obtain condominium mortgages
Plan Commission approved platting as individual lots
Need the six variances to plat as individual lots
Site plan shown with layout of development as 40 individual lots
Photographs of four sides of model home shown
No outstanding issues with Engineering or Urban Forestry
Public Hearing closed
Department Report:
Christine Barton Holmes
Condos own only unit; townhomes own small amount of land around unit
Large differences between setback requirements and lot coverage
Three- season rooms added to back of several units
Requests essentially same as two years ago
Petitioner has worked with Departments regarding changes
The Department recommended positive consideration
Discussion:
Difficult to finance a condo
Because of price range, does not qualify for FHA financing
Without variances difficult to finance homes
o Changes down payment requirement
o Changes approval process
Zero maintenance community
o Landscape improvements with changes
o Homeowners Association responsible for maintenance
Motion: On a motion made by James Hawkins and seconded by Leo Dierckman:
Docket Nos. 09090003 V through 09090009 V, Guilford Commons Townhomes be approved.
MOTION APPROVED UNANIMOUSLY
8h. Salsbery Brothers Landscaping
The applicant seeks the following use variance approval:
Docket No. 09090001 UV Appendix A Retail uses in the R1 District.
The site is located at 4317 East 146th Street and is zoned R1 /Single family residential.
Filed by E. Davis Coots for Salsbery Brothers Landscaping.
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Carmel Board of Zoning Appeals
October 26, 2009
Present for Petitioner:
Dave Coots, Coots, Henke Wheeler; Jeff Salsbery, Salsbery Brothers Landscaping
Original Use Variance (UV) approved in 1984 for 5 -acre plant nursery /landscape business
1994 acquired 2 acres with farm house and barn
o Received UV approval
o Used for design center /studio and offices
Improved premises
o House restored
o Barn updated for sales office
o Seasonal sales
Entire 10 -acre tract needs to be in compliance
Amended legal description to incorporate entire 10 -acre parcel
o Use Variance would extend to entire parcel
Public Hearing closed
Department Report:
Christine Barton- Holmes
Character of 146 Street changed since previous two variances
o Widened to major thoroughfare
o Number of light commercial and office uses
Retail use appropriate for site
Department recommended positive consideration
Discussion:
Previous variances allowed private landscaping business in residential district
Excluded any public retail sales
Variance allows sales to public
Motion: On a motion made by Kent Broach and seconded by Leo Dierckman:
Docket No. 09090001 UV, Salsbery Brothers Landscaping be approved.
MOTION APPROVED UNANIMOUSLY
9 10h. MG Hair Design Signage TABLED UNTIL NOVEMBER 23
The applicant seeks the following development standards variance approvals:
Docket No. 09070018V 25.07.02 -09 (b) Number of signs
Docket No. 09070019V 25.07.02 -09 (b) Sign not facing a ROW (south)
The site is located at 13190 Hazel Dell Parkway. It is zoned B-3/Business.
Filed by Dave Coots of Coots, Henke and Wheeler for Marie Green of MG Hair Design.
11 h. Meridian Main TABLED UNTIL DECEMBER 21
The applicant seeks the following development standards variance approvals and use variance approval:
Docket No. 09050012 V 23B.08.03.A.1 Building height under 26' /one occupiable floor
The site is located at 1440 Main Street West and is zoned B6 within the US 31 Overlay.
Filed by Joseph Scimia of Baker Daniels and James Browning of Browning Investments for Meridian 131,
LLC.
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Carmel Board of Zoning Appeals
October 26, 2009
Old Business
1L 646 Johnson Drive Appeal TABLED INDEFINITELY
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Adjournment
Motion: On a motion made by Earlene Plavchak and seconded by James Hawkins:
The Meeting be adjourned.
MOTION CARRIED UNANIMOUSLY
The meeting adjourned at 6:40 PM.
Approved this 2 3 day of AC. k 20 O
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resident James R. Hawkins Secretary Connie Ting1.
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