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Carmel /Clay Board of Zoning Appeals
June 24, 2002
The regularly scheduled meeting was held at 7:00 PM in the Council Chambers of Carmel City Hall on June
24, 2002. Those members in attendance: Michael Mohr, Pat Rice, and Leo Dierckman, thereby establishing a
quorum. Earlene Plavchak and Charles Weinkauf joined the Board at 8:10 PM.
Department of Community Services Staff in attendance: Director Michael Hollibaugh, Laurence Lillig,
Adrienne Keeling, Building Commissioner Jeff Kendall. John Molitor, Legal Counsel was also present
John Molitor reported a ruling was received from Judge Proffitt in the case of the dismissal of the Sprint
appeal on the Director's determination on subdivision requirement. The Court has ruled that the Board should
have allowed that appeal to be heard and that trial rules should have been applied. The counsel for Sprint is
requesting that the Board put the subdivision issue back on the agenda for next month.
Laurence Lillig noted the following items have been tabled: Items 1 -4j Lakes at Hazel Dell, (V -18 -02
through V- 21 -02) to the July 22, 2002, agenda; Items 5 -17j Carmax Auto Superstores (V -54 -02 through
V- 66 -02) pending ADLS approval; 411 Burton Accessory Building (V- 92 -02) to the July 22, 2002,
agenda; and 42 -45j Meridian Mark III (V -93 -02 through V- 96 -02) pending ADLS approval.
J. Public Hearing:
1 -2j. Tabled to the July 22, 2002, agenda at Petitioner's request.
Lakes at Hazel Dell, Section 1, Common Area 4a (V- 18 -02; V- 19 -02)
Petitioner seeks approval of the following Developmental Standards Variances:
V -18 -02 §25.7.02 -1(b): Number Type 2 Subdivision Signs
V -19 -02 §25.7.02 -1(b): Number Type unmatched Subdivision Signs
The site is located on the southwest corner of West Dellfield Boulevard and Hazel Dell Parkway.
The site is zoned S -1 /Residence Low Density.
Filed by Joseph M. Scimia of Baker Daniels for Drees Homes.
3-4j. Tabled to the July 22, 2002, agenda at Petitioner's request.
Lakes at Hazel Dell, Section 1, Common Area 6 (V- 20 -02; V- 21 -02)
Petitioner seeks approval of the following Developmental Standards Variances:
V -20 -02 §25.7.02 -1(b): Number Type 2 Subdivision Signs
V -21 -02 §25.7.02 -1(b): Number Type unmatched Subdivision Signs
The site is located on the northeast corner of East Dellfield Boulevard and Hazel Dell Parkway.
The site is zoned S -1 /Residence Low Density.
Filed by Joseph M. Scimia of Baker Daniels for Drees Homes.
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Carmel/Clay Board of Zoning Appeals
June 24, 2002
Page 2 of 14
5 -17j. Tabled pending Plan Commission approval ofADLS.
Carmax Auto Superstores (V- 54 -02; V- 55 -02; V- 56 -02; V- 57 -02; V- 58 -02; V- 59 -02; V -60-
02;
V- 61 -02; V- 62 -02; V- 63 -02; V- 64 -02; V- 65 -02; V- 66 -02)
Petitioner seeks
approval of the following Developmental Standards Variances:
V -54 -02
§14.6: Landscaping Requirements 15' north and east bufferyards
V -55 -02
§25.7.01 -2 8' traffic directional sign E1
V -56 -02
§25.7.01 -2 4- square -foot traffic directional sign E1
V -57 -02
§25.7.01 -2 8' traffic directional sign E2
V -58 -02
§25.7.01 -2 4- square -foot traffic directional sign E2
V -59 -02
§25.7.02- 8(b)(i) five (5) identification signs (A, B, B1, C, D)
V -60 -02
§25.7.02- 8(b)(ii) three (3) id signs oriented east (B, C, D)
V -61 -02
§25.7.02 -8(c) 193 square -foot wall identification sign A
V -62 -02
§25.7.02 -8(c) 193 square -foot wall identification sign C
V -63 -02
§25.7.02 -8(c) 78.33 square -foot ground identification sign B
V -64 -02
§25.7.02 -8(c) 78.33 square -foot ground identification sign B 1
V -65 -02
§25.7.02 -8(d) 8' ground identification sign B
V -66 -02
§25.7.02 -8(d) 12' 3%2" ground identification sign B1
The site is located on the northwest corner of East 96 Street and Gray Road. The site is zoned
B-3/Business.
Filed by E. Davis Coots of Coots Henke Wheeler for Carmax Auto Superstores, Inc.
18 -38j. St. Vincent's Carmel Hospital (V- 67 -02; V- 68 -02; V- 69 -02; V- 70 -02; V- 71 -02; V- 72 -02; V-
73-02; V- 74 -02; V- 75 -02; V- 76 -02; V- 77 -02; V- 78 -02; V- 79 -02; V- 80 -02; V- 81 -02; V- 82 -02;
V- 83 -02; V- 84 -02; V- 85 -02; V-
86 -02; V- 87 -02)
Petitioner seeks
approval of the following Developmental Standards Variances:
V -67 -02
§25.7.01 -2
39- square -foot "EMERGENCY" TDS (20 -1)
V -68 -02
§25.7.01 -2
11.07 square -foot "Ambulance Exit Only" TDS (20 -4)
V -69 -02
§25.7.01 -2
11.07 square -foot "Ambulance Entrance" TDS (20 -5)
V -70 -02
§25.7.01 -2
14.5- square -foot "Main Entrance" TDS (25 -1)
V -71 -02
§25.7.01 -2
10.94 square -foot "Emergency" TDS (25 -2)
V -72 -02
§25.7.01 -2
forty -one (41) 4- square -foot section TDS (30 -9)
V -73 -02
§25.7.01 -2
ten (10) 17.25- square -foot director TDS (32 -a)
V -74 -02
§25.7.01 -2
ten (10) 5' 2" director TDS (32 -a)
V -75 -02
§25.7.01 -2
ten (10) 14.06 square -foot director TDS (32 -b)
V -76 -02
§25.7.01 -2
ten (10) 4'6" director TDS (32 -b)
V -77 -02
§25.7.01 -2
five (5) 4.75- square -foot bldg entrance id 9 TDS (22 -9)
V -78 -02
§25.7.02- 5(b)(i)
eight (8) institutional signs
V -79 -02
§25.7.02- 5(c)(i)
70.06 square -foot institutional sign (10 -1)
V -80 -02
§25.7.02- 5(c)(i)
70.06 square -foot institutional sign (11 -1)
V -81 -02
§25.7.02- 5(c)(i)
77.7- square -foot institutional sign (12 -1)
V -82 -02
§25.7.02- 5(c)(i)
77.7- square -foot institutional sign (12 -2)
V -83 -02
§25.7.02- 5(c)(i)
144- square -foot institutional sign (20 -2)
V -84 -02
§25.7.02 -5(d)
5'4" institutional sign (10 -1)
V -85 -02
§25.7.02 -5(d)
5'4" institutional sign (11 -1)
V -86 -02
§25.7.02 -5(d)
8'9" institutional sign (12 -1)
V -87 -02
§25.7.02 -5(d)
8'9" institutional sign (12 -2)
The site is located at 13500 North Meridian Street. The site is zoned B-6/Business within the US
31/Meridian
Street Overlay Zone.
Filed by Becky R. Feigh of BSA
Design for St Vincent Hospital Health Care Center, Inc.
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Carmel/Clay Board of Zoning Appeals
June 24, 2002
Page 3 of 14
Present for Petitioner: Becky Feigh, BSA Design, 9365 Counselor's Row, Indianapolis and Charles
Jeffers of St. Vincent's Carmel Hospital. These are variances for signs needed for a hospital facility. Final
ADLS approval was received from the Plan Commission. These signs are larger and taller for more
information and a new numerical system to help simplify the ground and directional signs throughout the
facility.
Members of the public were invited to speak in favor or opposition to the petition; no one appeared and
the public hearing was closed.
Department Recommendation: Favorable consideration. Laurence Lillig stated this is a unique facility in
that its permeability as a structure makes the number of Directional Signs located on site a necessity. The
variety of facilities located within the structure itself makes accurate external identification of the
appropriate entrance for each necessary. He also recommended suspending the rules of procedure and
vote on these items in two blocks: V -67 -02 through V -77 -02 which are all for traffic directional signs and
V -78 -02 through V -87 -02 which are all for institutional signs.
Mrs. Rice moved to suspend the rules. The motion was seconded by Leo Dierckman and
APPROVED 3 -0.
Mrs. Rice moved to approve St. Vincent's Carmel Hospital (V -67 -02 through V- 77 -02). The motion
was seconded by Mr. Dierckman and APPROVED 3 -0.
Mr. Dierckman moved to approve St. Vincent's Carmel Hospital (V -78 -02 through V- 87 -02). The
motion was seconded by Mrs. Rice and APPROVED 3 -0.
Mr. Mohr pointed out that he and his family are members of St. Elizabeth Ann Seton Parish, Item 40j and
he would need to excuse himself from the vote. It was decided to move this Item to later in the agenda,
when Mrs. Plavchak and /or Mr. Weinkauf might be able to join the Board.
39j. Meridian 465 Medical Office Building (V- 88 -02)
Petitioner seeks approval of a Development Standards Variance of Section 14.4.1: Maximum
Height in order to construct two (2) rooftop metal panel screen walls to a height of forty (40) feet.
The site is located at 300 West 103r Street. The site is zoned B- 1/Business; B-3/Business; and
B-6/Business.
Filed by Richard J. Kelly of EMH &T for Kite Construction.
Present for Petitioner: Paul Reis, 5013 Buckeye Court, Carmel, attorney for Kite Development; Mr. Kurt
Faulkner of Kite Development; and Mr. Rich Kelly of EMH &T, Inc., the Engineer and Project Manager
for this project. A 1998 variance approved the atrium feature of this building to extend to forty-six (46)
feet. The new screening walls will be around the HV /AC on the south and north buildings to help reduce
the sound that is reaching the neighborhood from this equipment. The sound issue is also being addressed
in the ADLS approval process at the Plan Commission.
Members of the public were invited to speak in favor or opposition to the petition; no one appeared and
the public hearing was closed.
Department Report: Favorable consideration. John Molitor read the report stating favorable consideration
conditioned upon Plan Commission approval of Docket No. 45 -02 DP Amend /ADLS Amend.
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Carmel/Clay Board of Zoning Appeals
June 24, 2002
Page 4 of 14
Mrs. Rice moved to approve Meridian 465 Medical Office Building (V- 88 -02) with the condition
of Plan Commission approval. The motion was seconded by Mr. Dierckman and APPROVED 3 -0.
40j. St. Elizabeth Ann Seton Parish (SUA- 91 -02)
This item moved to later in the agenda until arrival of Earlene Plavchak and Charles Weinkau£
41j. Tabled to the July 22, 2002, meeting of the Board.
Burton Accessory Building (V- 92 -02)
Petitioner seeks approval of a Developmental Standards Variance of Section 25.1.1(B)(1):
Maximum Height in order to construct a 19' 10" accessory building.
The site is located at 3227 East 136 Street. The site is zoned R -1 /Residence.
Filed by J. Scott Burton.
42 -45j. Tabled pending Plan Commission approval ofADLS.
Meridian Mark III, Lot 1(V- 93 -02; V- 94 -02; V- 95 -02; V- 96 -02)
Petitioner seeks approval of the following Developmental Standards Variances:
V -93 -02 §25.7.01 -4(l) Spring Hill Suites off premise
V -94 -02 §25.7.02 -11(c) 28- square -foot Multi -tenant Building Complex Directory
Sign
V -95 -02 §25.7.02 -11(d) eight -foot (8') Multi -tenant Building Complex Directory
Sign
V -96 -02 §25.7.02 -11(e) <10' minimum setback
The site is located at 11895 North Meridian Street. The site is zoned B-6/Business within the US
31/Meridian Street Corridor Overlay Zone.
Filed by Michael W. Wells of REI Investments, Inc.
46 -55j. Carmel /Clay Schools Woodbrook Elementary (V- 97 -02; V- 98 -02; V- 99 -02; V- 100 -02; V-
101 -02; V- 102 -02; V- 103 -02; V- 104 -02; V- 105 -02; V- 106 -02)
Petitioner seeks approval of the following Developmental Standards Variances:
V -97 -02 §25.7.01 -2
15.84- square -foot traffic directional sign 91
V -98 -02 §25.7.01 -2
3' 10" traffic directional sign #1
V -99 -02 §25.7.01 -2
12.94 square -foot traffic directional sign #3
V- 100 -02 §25.7.01 -2
4' 6" traffic directional sign 93
V- 101 -02 §25.7.01 -2
10.84 square -foot traffic directional sign #5
V- 102 -02 §25.7.01 -2
3.44- square -foot traffic directional sign #6
V- 103 -02 §25.7.01 -2
3.44- square -foot traffic directional sign #7
V- 104 -02 §25.7.02 -5(b)
two (2) Institutional signs #2 #5)
V- 105 -02 §25.7.02 -5(d)
5' 7" Institutional sign height
V- 106 -02 §25.7.02 -5(e)
four -foot (4') Institutional sign setback
The site is located at 4311 East 116
Street. The site is zoned S -2 /Residence.
Filed by Chris Hinkle of Paul L Cripe, Inc. for the Carmel /Clay School Corporation.
Present for Petitioner: Chris Hinkle, Paul L Cripe, Inc., 7172 Graham Road, Indianapolis, IN 46240.
These variances are for signs already in place.
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Carmel/Clay Board of Zoning Appeals
June 24, 2002
Page 5 of 14
Members of the public were invited to speak in favor or opposition to the petition; no one appeared and
the public hearing was closed.
Department Report: Favorable consideration. Laurence Lillig recommended suspending the Rules of
Procedure in order to vote on Docket Nos. V -97 -02 through V- 103 -02 (for Traffic Directional Signs) and
Docket Nos. V- 104 -02 through V- 106 -02 (for Institutional Signs) simultaneously. Mr. Molitor
recommended the same procedure for all the Carmel Clay School signs before the Board.
Mr. Dierckman moved to suspend the rules for schools' signs votes. The motion was seconded by Mrs.
Rice and APPROVED 3 -0.
Mr. Dierckman moved to approve Carmel /Clay Schools Woodbrook Elementary (V -97 -02 through
V- 103 -02). The motion was seconded by Mrs. Rice and APPROVED 3 -0.
Mr. Dierckman moved to approve Carmel /Clay Schools Woodbrook Elementary (V- 104 -02 through
V- 106 -02). The motion was seconded by Mrs. Rice and APPROVED 3 -0.
56 -60j. Carmel/Clay Schools Prairie Trace Elementary (V- 107 -02; V- 108 -02; V- 109 -02; V- 110 -02;
V- 111 -02)
Petitioner seeks approval of the following Developmental Standards Variances:
V- 107 -02 §25.7.01 -2 15.89- square -foot traffic directional sign #1
V- 108 -02 §25.7.01 -2 4' 10%2" traffic directional sign #1
V- 109 -02 §25.7.01 -2 20.19 square -foot traffic directional sign #3
V- 110 -02 §25.7.01 -2 4' 11%2" traffic directional sign #3
V- 111 -02 §25.7.02- 5(c)(i) 90- square -foot Institutional sign 92
The site is located at 14200 North River Road. The site is zoned S- I/Residence Low Density.
Filed by Chris Hinkle of Paul L Cripe, Inc. for the Carmel /Clay School Corporation.
Present for Petitioner: Chris Hinkle, Paul L Cripe, Inc., 7172 Graham Road, Indianapolis, IN 46240.
These variances are for signs already in place.
Members of the public were invited to speak in favor or opposition to the petition; no one appeared and
the public hearing was closed.
Department Report: Favorable consideration.
Mrs. Rice moved to approve Carmel /Clay Schools Prairie Trace Elementary (V- 107 -02 through V-
110-02). The motion was seconded by Mr. Dierckman and APPROVED 3 -0.
Mrs. Rice moved to approve Carmel /Clay Schools Prairie Trace Elementary (V- 111 -02). The motion
was seconded by Mr. Dierckman and APPROVED 3 -0.
61 -68j. Carmel /Clay Schools Mohawk Trails Elementary (V- 112 -02; V- 113 -02; V- 114 -02; V -115-
02; V- 116 -02; V- 117 -02; V- 118 -02; V- 119 -02)
Petitioner seeks approval of the following Developmental Standards Variances:
V- 112 -02 §25.7.01 -4(i) traffic directional sign #1, #3 #4 in right -of -way
V- 113 -02 §25.7.01 -2 4- square -foot traffic directional sign #1
V- 114 -02 §25.7.01 -2 7' 4" traffic directional sign #1
V- 115 -02 §25.7.01 -2 4- square -foot traffic directional sign 93
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Carmel/Clay Board of Zoning Appeals
June 24, 2002
Page 6 of 14
V- 116 -02 §25.7.01 -2 7' 4" traffic directional sign #3
V- 117 -02 §25.7.01 -2 4- square -foot traffic directional sign #4
V- 118 -02 §25.7.01 -2 7' 4" traffic directional sign 94
V- 119 -02 §25.7.02- 5(c)(i) 41.67- square -foot Institutional sign 42
The site is located at 4242 East 126 Street. The site is zoned R -1 /Residence.
Filed by Chris Hinkle of Paul L Cripe, Inc. for the Carmel /Clay School Corporation.
Present for Petitioner: Chris Hinkle, Paul L Cripe, Inc., 7172 Graham Road, Indianapolis, IN 46240.
These variances are for signs already in place.
Members of the public were invited to speak in favor or opposition to the petition; no one appeared and
the public hearing was closed.
Department Report: Favorable consideration. Laurence Lillig gave the condition that the petitioner apply
to and receive the approval of the Board of Public Works for Consent to Encroach for the Traffic
Directional signs (V- 112 -02 through V- 118 -02) located within the East 126 Street right -of -way.
Mrs. Rice moved to approve with conditions recommended by the Department Carmel /Clay Schools
Mohawk Trails Elementary (V- 112 -02 through V- 118 -02). The motion was seconded by Mr.
Dierckman and APPROVED 3 -0.
Mr. Dierckman to approve Carmel /Clay Schools Mohawk Trails Elementary (V- 119 -02). The motion
was seconded by Mrs. Rice and APPROVED 3 -0.
69 -72j. Carmel /Clay Schools College Wood Elementary (V- 120 -02; V- 121 -02; V- 122 -02; V- 123 -02)
Petitioner seeks approval of the following Developmental Standards Variances:
V- 120 -02 §25.7.01 -2 8- square -foot traffic directional sign 91
V- 121 -02 §25.7.01 -2 4' 6" traffic directional sign #1
V- 122 -02 §25.7.02 -5(b) two (2) Institutional signs #2 #3)
V- 123 -02 §25.7.02- 5(c)(i) 55.5- square -foot Institutional sign 92
The site is located at 400 South Guilford Road. The site is zoned R -I /Residence.
Filed by Chris Hinkle of Paul L Cripe, Inc. for the Carmel /Clay School Corporation.
Present for Petitioner: Chris Hinkle, Paul L Cripe, Inc., 7172 Graham Road, Indianapolis, IN 46240.
These variances are for signs already in place.
Remonstrance:
Craig Jones, 401 S. Guilford Road, asked if traffic directional signs are by the school building and would
the window sign by the road remain the same. Chris Hinkle replied the signs would all remain the same.
Mr. Jones had no objections.
Public Hearing was closed.
Department Report: Favorable consideration.
Mrs. Rice moved to approve Carmel /Clay Schools College Wood Elementary (V- 120 -02 and V -121-
02;). The motion was seconded by Mr. Dierckman and APPROVED 3 -0.
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Carmel/Clay Board of Zoning Appeals
June 24, 2002
Page 7 of 14
Mr. Dierckman moved to approve Carmel /Clay Schools College Wood Elementary (V- 122 -02 and
V- 123 -02;). The motion was seconded by Mrs. Rice and APPROVED 3 -0.
73 -79j. Carmel /Clay Schools Smoky Row Elementary (V- 124 -02; V- 125 -02; V- 126 -02; V- 127 -02;
V- 128 -02; V- 129 -02; V- 130 -02)
Petitioner seeks approval of the following Developmental Standards Variances:
V- 124 -02 §25.7.01 -2 17.17 square -foot traffic directional sign 91
V- 125 -02 §25.7.01 -2 3' 6" traffic directional sign 91
V- 126 -02 §25.7.01 -2 14.14 square -foot traffic directional sign 92
V- 127 -02 §25.7.01 -2 4' 1 %2" traffic directional sign 92
V- 128 -02 §25.7.01 -2 4.07- square -foot traffic directional sign 93
V- 129 -02 §25.7.01 -2 4.07- square -foot traffic directional sign 94
V- 130 -02 §25.7.02- 5(c)(i) 16.81- square -foot traffic directional sign #5
The site is located at 4242 East 126 Street. The site is zoned R -I /Residence.
Filed by Chris Hinkle of Paul L Cripe, Inc. for the Carmel /Clay School Corporation.
Present for Petitioner: Chris Hinkle, Paul L Cripe, Inc., 7172 Graham Road, Indianapolis, IN 46240.
These variances are for signs already in place.
Members of the public were invited to speak in favor or opposition to the petition; no one appeared and
the public hearing was closed.
Department Report: Favorable consideration. Laurence Lillig stated V- 130 -02 should refer to §25.7.01 -2
instead of §25. 5(c)(i).
Mrs. Rice moved to approve with correction Carmel /Clay Schools Smoky Row Elementary (V -124-
02 through V- 130 -02). The motion was seconded by Mr. Dierckman and APPROVED 3 -0.
Five minute break.
80 -86j. Old National Bank (V- 133 -02; V- 134 -02; V- 135 -02; V- 136 -02; V- 137 -02; V- 138 -02; V -139-
02)
Petitioner seeks approval of the following Developmental Standards Variances:
V- 133 -02 §14.4.2(2) setback from South Range Line Road
V- 134 -02 §14.4.2(2) setback from proposed right -of -way of East 116"' Street
V- 135 -02 §26.4.5 zero -foot (0') landscape bufferyard along South Range Line Road
V- 136 -02 §26.4.5 zero -foot (0') landscape bufferyard along East 116"` Street
V- 137 -02 §25.7.02 -8(c) 76.5- square -foot wall identification sign
V- 138 -02 §25.7.02 -8(e) three -foot (3') ground sign setback from South Range Line
Road; two -foot (2') ground sign setback from proposed right -of -way of East
1 16 Street
V- 139 -02 lighting in excess of 0.3 footcandle at South Range Line Road right -of -way and
proposed right -of -way of East 116"` Street
The site is located on the southeast corner of City Center Drive and South Range Line Road. The
site is zoned B-7/Business.
Filed by Charles D. Frankenberger of Nelson Frankenberger for Old National Bank.
Present for Petitioner: Charlie Frankenberger, 5212 Carrington Circle, Carmel; Dan Doan, President of
the Indianapolis District of the Old National Bank; and Alan Armstrong, Project Manager. The project
will redevelop the existing Walden Bookstore on the northwest corner of 116 Street and South Range
Line Road. The redevelopment will completely change the exterior of the existing building through a
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Carmel/Clay Board of Zoning Appeals
June 24, 2002
Page 8 of 14
variety of high quality construction materials. The project is awaiting Developmental Plan approval by
the Plan Commission and ADLS approval from the Special Studies Committee. The Special Studies
Committee has already reviewed and approved landscaping and signage, but it is in the process of
continuing its review of the proposed building. The variances before this Board are for setbacks,
bufferyards, signage and lighting. The footprint of the building will not be altered other than adding an
ATM drive through. These variances are not necessitated by the expansion of the building, but result from
measuring the site in accordance with current guidelines and proposed right -of -way widths. If the
bufferyards were imposed, it would compress the site, eliminating parking.
Members of the public were invited to speak in favor or opposition to the petition; no one appeared and
the public hearing was closed.
Department Report: Favorable consideration. The landscape plans and signage plans did receive approval
from the Plan Commission. There is currently a separate Development Plan Amendment that is being
considered by the Special Studies Committee that does not affect these variance petitions. Approval is
recommended with the condition that the landscape plan in the right -of -way for South Range Line Road
be brought to the Board of Public Works for Consent to Encroach approval. The second condition with
respect to the lighting, the intensity of the lighting be limited to that which is illustrated in the packet. The
Department is recommending favorable consideration of the signs as approved by the Special Study
Committee.
Mrs. Rice moved to approve Old National Bank (V- 133 -02 and V- 134 -02). The motion was seconded
by Mr. Dierckman and APPROVED 3 -0.
Mr. Dierckman moved to approve Old National Bank (V- 135 -02 with condition and V- 136 -02). The
motion was seconded by Mrs. Rice and APPROVED 3 -0.
Mr. Dierckman moved to approve Old National Bank (V- 137 -02). The motion was seconded by Mrs.
Rice and APPROVED 3 -0.
Mr. Dierckman moved to approve Old National Bank (V- 138 -02). The motion was seconded by Mrs.
Rice and APPROVED 3 -0.
Mr. Dierckman moved to approve with condition Old National Bank (V- 139 -02). The motion was
seconded by Mrs. Rice and APPROVED 3 -0.
Earlene Plavchak and Charles Weinkauf joined the Board.
40j. St. Elizabeth Ann Seton Parish (SUA- 91 -02)
Petitioner seeks approval of a Special Use Amendment under Section 5.2 in order to establish a
rectory.
The site is located at 10655 Haverstick Road. The site is zoned S -1 /Residence Low Density.
Filed by Charles D. Frankenberger of Nelson Frankenberger for St. Elizabeth Ann Seton
Parish.
Mr. Mohr recused himself. His family is a member of St. Elizabeth Ann Seton. Mrs. Rice assumed
responsibility of President of the Board.
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Carmel/Clay Board of Zoning Appeals
June 24, 2002
Page 9 of 14
Present for Petitioner: Charlie Frankenberger, 5212 Carrington Circle, Carmel, Father Ted Rothrock and
Clare Magna from St. Elizabeth Seton, and the architect, Michael Grove. Rectory will be a residence for
the priests. An area of trees will be cleared for the residence. This site plan was revised to shift the
church further south, approximately thirty to forty feet to provide greater distance from adjacent
residences and greater tree insulation. The TAC did not review this site plan, but the one showing the
rectory further north with less distance from Carolina Commons. The new plans will be confirmed with
TAC and any additional recommendations will be incorporated. Due to the slope of the grade, the drive
has been revised to come in from the side at an angle. Some revisions from what was in brochures were
made for improvements. In addition to preservation of trees between the rectory and Carolina Commons,
trees will be planted for Mr. Stephen Becker. A copy of the letter to Mr. Becker and revisions to the plans
were given to Laurence Lillig for the record.
Members of the public were invited to speak in favor or opposition to the petition; no one appeared and
the public hearing was closed.
Department Report: Favorable consideration with the following conditions: the revised site plan go before
the Technical Advisory Committee at the July 17, 2002, meeting; approval of Docket No. SUA -91 -02 be
subject to the satisfactory resolution of all TAC concerns; and the dedication of right -of -way for
Haverstick Road and East 106 Street be completed prior to the issuance of a building permit for this
project.
Mr. Dierckman moved to approve with conditions St. Elizabeth Ann Seton Parish (SUA- 91 -02). The
motion was seconded by Mrs. Plavchak and APPROVED 4 -0.
Mr. Mohr rejoined the Board and assumed the responsibility of President.
Laurence Lillig announced the first Hearing Officer Hearing would be July 11, 2002, at 1:00 PM, with
two items on the agenda. Mr. Weinkauf was asked to be the Hearing Officer. Mr. Weinkauf will be
unable to attend. Mrs. Rice was then asked. She will check her calendar and call the Department.
K. Old Business
lk. 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.
Present for the Petitioner: Taggart Birge an attorney with offices at 600 East 96 Street; Richard Deer;
Mike Walsh representing Nancy Irsay; Mr. Flannigan, President of Queen's Way Homeowners
Association; Steve Hilbert and other interested neighbors in the area; Phil Nicely, attorney with Bose
McKinney Evans; and Steve Granner, Planner with Bose McKinney Evans.
Mr. Birge repeated the procedural history that was presented at the June 6, 2002, BZA meeting. At that
meeting Mr. Birge appeared before this Board to present the rationale for requiring a Public Hearing on
this matter before Sprint was entitled to pull a permit for this project. This Board voted 2 -1 that Sprint
should be required to come before this body before a permit could be issued. June 13 2002, the Hamilton
County Circuit Court heard Sprint's appeal regarding the BZA's decision that their lawsuit was untimely
filed.
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Carmel/Clay Board of Zoning Appeals
June 24, 2002
Page 10 of 14
The purpose tonight is to review the merits of the appeal filed August 15, 2001, and determine if Sprint
should have first been required to come before this body before the Director issued a permit. The subject
property is in S -I zoning. All homes are residential in nature without commercial intrusion. The purpose
of the S -1 zoning district is to provide for the development of innovative residential environments in
keeping with the rural character of the area. The Sprint commercial site is not in keeping with the S -1
district. Sprint is basing the collocation of the antenna on Section 5.1.1 of the Zoning Ordinance that
states, "Antenna if collated on an improved or existing tower is a permitted use." By definition there is no
antenna on that tower on which Sprint can collate. The term does not include an amateur radio station
antenna. By definition the antenna that currently exists on that tower is not an antenna. The applicable
section of the ordinance is Section 5.2, which sets forth the Special Use requirements: antenna on or
within a structure other than a tower must come before BZA to obtain Special Use approval. Once this
antenna is constructed, any future antenna will not need to come before this body to collate on the tower.
Tower site pictures were distributed
A 130 -foot tower is now on site. Section 5.3.7 permits private radio and television reception and
transmitting towers and antennas. Today that tower, which was built in 1987, would not be allowed. It is a
non conforming use; it is grand fathered. Effective July 1997, any tower over fifteen feet in a residential
area must obtain Special Exception prior to its construction. Section 25.13.4 states any tower in existence
may continue as Nonconforming so long as the use is not substantially altered and not increased. Sprint's
commercial use will substantially alter the use. This should not be allowed without a public review. The
existence of the tower is governed by the Amateur Radio Federal Regulations. Section 47, under Section
97.113 states no amateur station shall transmit communications specifically prohibited elsewhere in this
part, communications for hire or material compensation either direct or indirect, paid or promised,
communications in which the station licensee or control operator has a pecuniary interest. A copy of the
lease was submitted showing the material compensation Mr. Zamber will be awarded if this site goes
forward. Sprint should be required to go through the Public Review process for Special Use. The Sprint
building is not an accessory use to the individual single family residence.
Remonstrance:
Mike Walsh, attorney for Nancy Irsay, office atl 1350 N. Meridian Suite 9420 Carmel and residence at
10629 Walnut Creek Drive. Mrs. Irsay's address is 1303 W. 116 St., Carmel_ Mrs. Irsay's house looks
directly at the currently existing tower. If the antenna blows over it could hit her property and it is
unsightly. She does not think the conversion to commercial purpose is proper and it should follow the
correct procedure. She urges the Board to vote in favor of Mr. Deer's petition. Sprint approached Mrs.
Irsay a couple of years ago. After visiting the City, it was determined the location would not be in the best
interest of the neighborhood. Crooked Stick Golf Club has been approached for a proposed cell phone
tower on the practice facility. It would be tucked away and there is only one house in that area. That
would be a much better location.
John Flannigan, 11100 Queen's Way Circle, President of Queen's Manor Neighborhood Association and
was representing their views. If the Ordinance requires location on existing towers before building new
towers, then the Zamber /Sprint tower would grow to accommodate other cell companies, including the
one for Crooked Stick. It would no longer be a modified amateur tower, but rather a large commercial
tower. This would degrade value in the neighborhood. He urged a full Public Hearing so the commercial
and the financial aspects are fully disclosed and the status of the Crooked Stick tower determined.
Opposition:
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Carmel/Clay Board of Zoning Appeals
June 24, 2002
Page 11 of 14
Richard Nickovich, 333 W. Wacker Drive, Chicago, IL; Thomas Bedsole, Locke Reynolds Law Firm,
Indianapolis; and John Buchert, Sight Development Director for Sprint Spectrum for the Indianapolis
market. Tonight is whether or not Sprint's facility is a Permitted Use.
John Buchert, 5600 N. River Road, Rosemont, IL 60018, Sight Building Manager with Sprint for three
years. The existing tower is a 135 -foot guide tower used as an amateur ham radio tower. It transmits and
receives radio signals. Currently there are three 40 -foot apertures on the tower. The Sprint improvements
include the addition of a brick shelter to house the radio equipment, a 12 -foot wide asphalt access road
with a turnaround and some additional landscaping. The new antennas are one foot in width and six feet
in height. The large ones will be removed. The site will not be manned. A structural engineering firm has
confirmed the existing antenna mast is of sufficient structural integrity to support not only the current
antenna, but also the addition of Sprint's flush mounted antenna. There will be no additional lighting.
Mr. Nickovich stated what is being added is the sort of thing the Ordinance encourages, collocating on an
existing tower. Sprint's antenna facility is a Permitted Use under Section 5.1.1 with the S -1 Zoning
District. In the Ordinance, tower does not specify antenna tower to collocate. There need not be other
antenna to collocate. Section 5.2 speaks about the location of antenna on a structure other than a tower
and has no relevance. Section 5.3.7 is also not relevant. The governing language is Section 5.1.1. The
language in Section 25.13.4 states any tower or radio or television transmission antenna in existence may
continue to exist as a nonconforming use. The tower may be repaired, reconstructed, replaced or
maintained without a Use Variance or Special Use or Special Exception approval so long as the use is not
substantially altered and the height is not changed. Under the rules, the Section 47 CFR 97.113 argument
should have been submitted and made available to Sprint seven days in advance and they were not. Sprint
is not illegal under FCC and CFR regulations. It is not a relevant inquiry whether somebody is making
money. It is a relevant inquiry whether something is a Permitted Use under the Ordinance. The Building
Permit was properly issued and we urge denial of Mr. Deer's appeal.
Rebuttal:
Mr. Birge stated the issue is whether use is substantially altered. The Federal regulations prevent financial
and material compensation to the ham radio site. It is transference from a private use to a commercial use
for significant compensation. This site will transmit thousand of calls for commercial purpose. According
to Section 5.2 this is not a tower to collocate on and is not a Permitted Use. Sprint needs to come before
this Board for a permit.
Department Report: Laurence Lillig reviewed the S -1 Zoning Ordinance. The tower at 1388 Queen's Way
is an existing tower and does not, therefore, require either Special Exception or Special Use approval
prior to the collocation of an antenna with the tower. The Department holds that the use has not been
substantially altered, the user has. The Department recommends that the Board uphold the Director's
initial determination regarding the issuance of the permit. Federal law is not what BZA is here to
consider, that is a court matter.
Mr. Molitor stated the issue is whether the land use is being substantially altered.
Mr. Mohr asked how the Department viewed substantially altered when going from private to public use.
Mr. Molitor stated the Ordinance was written to provide a preference for existing towers. It did not
distinguish between private towers and public utility towers. It was assumed if the tower existed, it has a
legal right to be there. The only way it would not continue to have a legal right to be there is if this Board
determines adding this particular antenna substantially alters the use.
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Carmel/Clay Board of Zoning Appeals
June 24, 2002
Page 12 of 14
Mr. Weinkauf asked if the tower is currently being used as a ham radio tower.
Mr. Buchert replied that Mr. Zamber does still utilize the tower as a ham radio and if the existing
apertures are removed he will need to replace them with a single antenna that would allow him to have his
communications. As the site was permitted, the existing apertures will remain.
Mrs. Plavchak asked if the utility building at the base of the tower and the 12 -foot access road are visible
from any of the adjacent properties.
Mr. Nickovich stated it might be possible to see parts of the equipment shelter. The landscaping will
provide a shield and the structure blends with the existing structures.
Mrs. Plavchak asked if the next owner of this property would be required to remove the tower or would it
be allowed to stay, even if it was no longer in use.
Mr. Molitor stated if the tower is abandoned for six months then the owner is required to remove the
tower. If the new owner were a ham radio enthusiast, the tower would remain approved.
Mrs. Plavchak asked if a church steeple would need Special Use approval to attach an antenna.
Mr. Molitor said it would be necessary because it is something other than a tower and it would need to be
verified that it was properly camouflaged to prevent the proliferation of towers.
Re- opened Public Hearing:
Jean Atkins, 1151 W. 116 St. felt very strongly that one person gets rich while every other neighbor
finds this reprehensible. There is not a person in this room who would want this in their neighborhood.
One Sprint representative stated the large apertures would be removed and the other representative stated
that is not included in the permit. They could move the tower a mile down the road and would not be
offensive to anyone.
Public Hearing closed.
Mr. Weinkauf stated the present tower might be there for a very long time. He felt the use of this property
within the S -1 will be substantially altered, not just the tower but the road and accessory building. Sprint
needs to come before this Board if they wish to petition for a Variance
Mr. Dierckman suggested that Sprint be given the opportunity to rebuttal the last comments from Mrs.
Atkins.
Rebuttal:
Mr. Nickovich stated Sprint would be willing to remove the large mast antennas as part of construction.
Mrs. Rice asked Mr. Nickovich about the FCC conditions and rights to transfer the license.
Mr. Nickovich stated the license is issued to Sprint for PCS (person communication services) and Sprint
will not assign its rights to a third party.
Mrs. Rice asked if the owner of a ham radio has the same rights.
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Carmel/Clay Board of Zoning Appeals
June 24, 2002
Page 13 of 14
Mr. Nickovich stated they are separate regulated operations and are not subject to the same regulations.
Under the FCC, ham radios are exempted from local zoning regulations. This will be a single tower with
two distinct uses. Mr. Zamber will not be utilizing Sprint's license for a personal communication
network. He will continue to operate a ham radio.
Mrs. Rice felt the Sprint remonstrance convoluted the meaning of the language to fit its own purpose.
Mr. Dierckman would like a copy of Dr. Zamber's ham radio permit.
Mr. Molitor stated that last fall it was verified that Dr. Zamber had a valid permit. They are valid for ten
years. Copy is not in the Zoning file, but may be Mr. Molitor or Mr. Haney's file.
Mr. Mohr asked if Sprint collocates on this tower and decides in the future that the tower is not sufficient,
can they build something else and what steps would be needed?
Laurence Lillig stated the tower is separate from the antenna. The tower is Nonconforming Use under
Chapter 25 and that would allow the tower to be replaced and not necessarily with an identical structure
and would only require a building permit.
Discussion followed of Dr. Zamber's license. It was originally issued in 1987 and can be renewed every
ten years indefinitely.
Mr. Dierckman wondered if Dr. Zamber still uses it as a ham radio tower.
Mr. Molitor stated there was no evidence either way or no basis for making a decision on that point. If it
is a critical issue, the matter could be continued.
Mr. Dierckman stated it is not critical. It could go away if not used. He felt this would be a substantial
change.
Mr. Mohr stated going from residential to commercial is a substantial change of use.
Mr. Weinkauf moved approve WTF Sprint Spectrum (A- 97 -01). The motion was seconded by Mr.
Dierckman and APPROVED 5 -0.
L. New Business
1L. Board to consider amendments to the Board of Zoning Appeals Rules of Procedure.
Mr. Molitor distributed copies of the Rules of Procedure and pointed out and discussed the changes that
were made at last month's meeting.
The amendments as presented were APPROVED 5 -0.
M. Adiourn
Mr. Weinkauf moved to adjourn. The motion was seconded by Mrs. Plavchak and APPROVED 5 -0.
Meeting adjourned at 10:30 PM.
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Carmel/Clay Board of Zoning Appeals
June 24, 2002
Page 14 of 14
Michael Mohr, President
Connie Tingley, Secretary
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