HomeMy WebLinkAboutMinutes BZA 03-25-02oo
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Carmel /Clay Board of Zoning Appeals
March 25, 2002
The regularly scheduled meeting of the Board of Zoning Appeals opened with the Pledge of
Allegiance on March 25, 2002 at 7:00 PM in the Council Chambers of City Hall, Carmel,
Indiana.
Board members present were: Leo Dierckman; Michael Mohr; and Pat Rice, thereby establishing
a quorum.
The Department of Community Services staff in attendance were: Michael Hollibaugh, Director;
Jon Dobosiewicz, Laurence Lillig; Adrienne Keeling; and Jeff Kendall. John Molitor, Legal
Counsel, was also present.
The minutes of the February meeting were approved as submitted.
John Molitor reported the Executive Session scheduled for this evening did not occur. Mr.
Molitor suggested an Executive Session for April 9th at 6:00 PM in the Caucus Rooms. The
Executive Session would be held prior to the Plan Commission Committee meetings —Topic of
discussion would be Kingswood/Martin- Marietta litigation and WTF, Sprint Spectrum (Queen's
Way); this was agreeable to the Board.
H. Public Hearing:
lh. This Item Currently Tabled at Petitioner's Request:
WTF Sprint Spectrum (A- 97 -01)
Appellant (an Interested Party) wishes to appeal the decision of the Director regarding the
collocation of a WTF antenna on an existing private radio tower.
The site is located at 1388 Queen's Way. The site is zoned S -1 /Residence Very Low
Density.
Filed by J. Taggart Birge of Bose McKinney Evans for Richard Deer.
2 -3h. Bauer Commercial Park World Wide Motors (V- 163 -01; V- 164 -01)
Petitioner seeks approval to vary Section 25.7.02 -7(b) in order to establish a third
Identification Sign. The petitioner also seeks approval to vary Section 25.7.02 -7(e) in
order to establish a Ground Identification Sign within the setback from the proposed
right -of -way as identified on the Thoroughfare Plan.
The site is located at 3900 East 96 Street. The site is zoned B -3 /Business.
Filed by Michael T. Crowley of The Reis Law Firm for World Wide Motors, Inc.
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Mike Crowley of The Reis Law Firm, 12358 Hancock Street, Carmel, and Mark Monroe were
present on behalf of the applicant. Also in attendance were Bob Zeltman of Atlas Sign
Company, Michael Pesarek and Mike Homer of Mercedes Benz.
The petitioner is requesting a third identification sign to match existing signs. The petitioner
feels the additional sign is needed in order to be competitive and will equal the number of signs
for other auto dealerships in the area.
The petitioner is also requesting approval to establish the ground identification sign within the
setback from the proposed right -of -way. The sign would not be visible if it were placed 80 feet
from the centerline. The ground sign will have plantings around the base, and the planting detail
will be as shown in the informational booklet.
Members of the public were invited to speak in favor of or opposition to the petitions. No one
appeared and the public hearing was closed.
Laurence Lillig gave the Department Report. The Department recommends negative
consideration of these petitions. However, if the Board decides to grant these petitions, the
Department recommends conditioning any approval upon the recording of Commitments that
require the removal of the sign at the owner's expense at such time as the City or other unit of
government acquires additional right -of -way necessitating relocation of the sign. The draft of
these Commitments submitted to the Department has been determined to be acceptable.
Leo Dierckman moved for approval of V- 163 -01, Bauer Commercial Park, World Wide
Motors, seconded by Pat Rice, APPROVED 3 -0.
Leo Dierckman moved for approval of V- 164 -01, Bauer Commercial Park, World Wide
Motors, conditioned upon a recorded commitment that the petitioner will either remove or
relocate the ground sign at owner's expense if a governmental unit acquires additional right -of-
way from the owner. Following a second by Pat Rice, the motion was APPROVED 3 -0.
4 -1Oh. Carmel /Clay Schools Forest Dale Elementary (SUA -1 -02; V -2 -02; V -3 -02; V -4 -02;
V -5 -02; V -6 -02; V -7 -02)
Petitioner seeks approval of a 25578- square -foot addition to an existing 78000- square-
foot School of General Elementary Education on 22.251± acres. Petitioner also seeks the
following Developmental Standards Variances:
V -2 -02 ZO 25.7.01 -2 27.17- square -foot Traffic Directional Sign A
V -3 -02 ZO 25.7.01 -2 26.83- square -foot Traffic Directional Sign B
V -4 -02 ZO 25.7.01 -2 26.83- square -foot Traffic Directional Sign C
V -5 -02 ZO 25.7.01 -2 26.83- square -foot Traffic Directional Sign D
V -6 -02 ZO 25.7.02- 5(c)(ii) 24- square -foot Changeable Copy Sign
V -7 -02 ZO 25.7.02 -5(d) 62" Ground Sign
The site is located at 10711 Lakeshore Drive West. The site is zoned S -2 /Residence.
Filed by Jeff Bolinger of Fanning /Howey Associates for Carmel /Clay Schools.
Alan Cradler, architect with Fanning /Howey Associates appeared before the Commission
representing the applicant. Ron Farrand of Carmel /Clay Schools was also in attendance.
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The Forest Dale Elementary School is being expanded, and certain site modifications are
proposed to the existing facility. The addition will be a similar massing blending into the
existing building. Accent brick colors will be added to the building as well as an entrance
canopy, new windows and roofing materials.
Curbing will be included at all new and expanded parking area perimeters; the curb cut to the
south will be retained and the two curb cuts to the north will be aligned. The number of parking
spaces will total 130. The parking lot light fixtures in the north lot are 20 feet in height; the
proposed fixtures for the lot in front of the building and the south lot are 30 -foot fixtures,
shoebox, down lighting. According to Mr. Cradler, the taller fixtures eliminate the need to
increase the number of fixtures.
Regarding the signage: The building identification sign will have changeable copy in excess of
the allowable; directional traffic signage will also be in excess of the size limitations. The
proposed size of 36 square feet is within the total allowable area for both changeable copy and
institutional signage of 46 square feet. The changeable copy area of 24 square feet exceeds the
allowable of 16 square feet. The overall height of the 6 feet, 2 inches proposed sign exceeds the
allowable height of five feet. The directional signs are 24 square feet. Street numbers will be
added to the school identification sign.
Members of the public were invited to speak in favor of, or opposition to the petitions. No one
appeared and the public hearing was closed.
Laurence Lillig gave the Department Report. A Landscape Plan review letter dated March 25,
2002 from Scott Brewer, the City's Urban Forester, was distributed to the Board and provided to
the petitioner. The following modifications to the Traffic Directional Signs (Docket Nos. V -2-
02; V -3 -02; V -4 -02; V -5 -02) were noted: a) Sign A has been reduced to 12.33 square feet in
area; b) Signs B, C, and D have been reduced to 14.5 square feet in area (see Sheet G4.1 in the
informational packet.)
The Department recommends favorable consideration of Docket No. SUA -1 -02 conditioned
upon the petitioner working with the Urban Forester to address the Landscape Plan comments in
his review letter. The Department recommends favorable consideration of Docket Nos. V -2 -02
through V -5 -02 as amended. The Department recommends favorable consideration of Docket
Nos. V -6 -02 and V -7 -02.
Pat Rice moved for approval of SUA -1 -02, Carmel /Clay Schools, Forest Dale Elementary,
conditioned upon the petitioner working with the Urban Forester to address his comments
contained in a letter dated March 25, 2002, and supplied to the petitioner at this public hearing.
Following a second by Leo Dierckman, the motion was APPROVED 3 -0.
Leo Dierckman moved for approval of V -2 -02, Carmel /Clay Schools, Forest Dale Elementary,
traffic directional sign A, as amended to 12.33 square feet. Following a second by Pat Rice, the
motion was APPROVED 3 -0.
Leo Dierckman moved to suspend the Rules of Procedure to allow V -3 -02, V -4 -02, and V -5 -02
to be voted in one motion, seconded by Pat Rice, approved 3 -0.
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Leo Dierckman moved for approval of V -3 -02, V -4 -02, and V -5 -02, Carmel /Clay Schools,
Forest Dale Elementary, traffic directional signs B, C, and D, as amended to 14.5 square feet.
Following a second by Pat Rice, the motion was APPROVED 3 -0.
Pat Rice moved for approval of V -6 -02, Carmel/Clay Schools, Forest Dale Elementary, 24
square foot changeable copy sign. The motion was seconded by Leo Dierckman and
APPROVED 3 -0.
Leo Dierckman moved for approval of V -7 -02, Carmel /Clay Schools, Forest Dale Elementary,
a 6 -foot, two -inch ground sign. The motion was seconded by Pat Rice and APPROVED 3 -0.
I Ih. Merchants' Pointe, Lot 2 O'Charley's (V -9 -02)
Petitioner seeks approval of a Developmental Standards Variance of Section 25.7.02 -8(b)
in order to install a wall identification sign on a facade without frontage on a public
street.
The site is located at 2293 East 116 Street. The site is zoned B-8/Business.
Filed by Susan Seymour of Bell Signs, Inc., for O'Charley's, Inc.
TABLED to April 22, 2002 meeting due to faulty Public Notice.
12 -14h. Long Branch Estates, Section 1, Block C (SU- 10 -02; V- 11 -02; V- 12 -02)
Petitioner seeks Special Use approval in order to establish a Private Recreational Facility
on 6.211± acres. Petitioner also seeks the following Developmental Standards Variances:
V -11 -02 ZO 25.17.1(A) 880 square -foot Commercial Swimming Pool
V -12 -02 ZO 26.4.5(c) Zero -foot (0) front bufferyard
The site is located at 3834 Castle Rock Drive. The site is zoned S -1 /Residence Estate.
Filed by Donald W. Fisher of Insight Engineering, Inc., for Northside Investments, LLC.
Paul Rioux, 7568 Ten Springs Drive, Fishers, developer with Platinum Properties, appeared
before the Board representing the applicant.
Mr. Rioux is requesting approval to establish a Private Recreational Facility for the exclusive use
of the residents and guests of Long Branch Estates Subdivision. The petitioner is also requesting
approval to vary the size of the swimming pool to an 880 square -foot Commercial Swimming
Pool on site and eliminate the front bufferyard requirement.
Members of the public were invited to speak in favor of, or opposition to the petitions; no one
appeared and the public hearing was closed.
Laurence Lillig reported for the Department. The Department recommends favorable
consideration of Docket No. SU- 10 -02, the petition for a Private Recreational Facility,
Conditioned upon the following:
1) The Lifeguard Commitment is to be rendered as a recordable document.
2) The Commercial Swimming Pool is to be a minimum of two thousand square feet in
area (requires a denial of Docket No. V- 11 -02.)
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3) The revised site plans illustrating the two thousand square -foot swimming pool are to
be submitted to the Department.
4) (Unnecessary by virtue of the withdrawal of Docket No. V- 12 -02.)
5) A revised Landscape Plan showing the side bufferyard plantings extending along the
entire length of the side lot lines of the Lots adjoining to the east and west, as well as
showing the five -foot front bufferyard is to be submitted to the Department.
The Department recommends negative consideration of Docket No. V- 11 -02.
Leo Dierckman moved for approval of SU- 10 -02, Long Branch Estates, Section 1, Block C,
subject to the inclusion of a landscape buffer /plantings along the east, west and south property
lines; the lifeguarding commitment is to be rendered to the Department in recordable form. The
motion was seconded by Pat Rice and APPROVED 3 -0.
Leo Dierckman moved for approval of V- 11 -02, Long Branch Estates, Section 1, Block C, to
establish an 880 square -foot Commercial Swimming Pool on site. The motion was seconded by
Pat Rice and APPROVED 3 -0.
Docket No. V -12 -02 was WITHDRAWN by the petitioner.
15h. Bauer Commercial Park Penske Honda, Building 1 (V- 13a -02; V- 13b -02)
Petitioner seeks approval of a Developmental Standards Variance of Section 25.7.02 -7(c)
in order to establish a 123.5- square -foot Paint Body Shop sign on the west facade of
the building. Petitioner also seeks the Board's approval of the final design of the 90-
square -foot Identification Sign approved per Docket No. V- 101 -01 on September 24,
2001.
The site is located at 4100 East 96 Street. The site is zoned B -3 /Business.
Filed by Charles D. Frankenberger of Nelson Frankenberger for Dan Young Motors,
LLC.
Jim Shinaver, attorney with Nelson Frankenberger, and Lennie George, General Manager of
Penske Chevrolet Dealership, were in attendance representing the applicant.
The previously approved signage on the south elevation of the dealership reads "Certified" in
blue with the Honda logo, also in blue. The sign is 90 square feet. The variance requested is to
change the "Certified" from blue to red, and the font from print to cursive.
The west elevation was granted a variance last year permitting a 105- square -foot, blue sign,
including the words "Paint and Body Shop Entrance." The current request is to state twice the
word "Entrance" (one on each of two doors) and to obtain approval of a sign that is 123.5 square
feet.
Members of the public were invited to speak in favor of, or opposition to the petitions; no one
appeared and the public hearing was closed.
Department Report, Laurence Lillig. The Department is recommending negative consideration
of the petition for a 123.5 square foot sign. The Department feels the 105- square -foot sign
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approved at this location is more than adequate. The Department has no recommendation
regarding the aesthetics of the sign previously approved as Docket No. V- 101 -01.
There was much discussion regarding the 90- square -foot wall sign originally approved
September 24, 2001 and the aesthetics of the sign package.
The petitioner formally withdrew Docket No. V- 13a -02 and agreed to comply with the original
approval granted in 2001.
Leo Dierckman moved for approval of V- 13b -02, a 123.5 square foot Paint Body Shop sign on
the west facade of the building. The motion was seconded by Pat Rice and APPROVED 3 -0.
I. Old Business.
None
There being no further business to come before the Board, the meeting was adjourned at 8:25
PM.
Michael Mohr, President
Ramona Hancock, Secretary
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