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HomeMy WebLinkAboutMinutes BZA 11-25-02gIVIV�'�' of CAq`� C i ty of arme Carmel /Clay Advisory Board of Zoning Appeals Monday, November 25, 2002 The regularly scheduled meeting was held at 7:00 PM in the Council Chambers of Carmel City Hall on November 25, 2002. Those members in attendance: Leo Dierckman, Michael Mohr, Pat Rice, and Charles Weinkauf, thereby establishing a quorum. Earlene Plavchak was absent. Department of Community Services Staff in attendance: Planning Administrators Laurence Lillig and Jon Dobosiewicz, and Intern Brian Hanson. John Molitor, Legal Counsel was also present. John Molitor reported the Executive Session discussion preceding this meeting was limited to the discussion of pending litigations. Among the cases discussed were the Martin Marietta lawsuit, in which some of the neighbors have filed a motion to intervene in that lawsuit. There will be a hearing on that motion on December 3, 2002 in Noblesville. Unless the Board instructs otherwise, he will not oppose the motion of the neighbors to intervene. There was a pretrial conference in the Sprint matter in which a neighbor, Mr. Deer, sought to intervene and the Court did grant that motion. There is ongoing discussion between Mr. Deer and Sprint as to how they might resolve their differences. The Board will continue to stand by its decision that any siting of a cell tower on that property should require a public hearing before this Board. Laurence Lillig reported the Department is recommending cancellation of the December 23, 2002 meeting in favor of the January 27, 2003 meeting. There is no business coming forward that would require trying to put together a quorum. Two items on the agenda will require a suspension of rules based on faulty public notice. This fault in the public notice was not due to the action of the petitioners, but a problem with the email server at the Indianapolis Star wherein they did not receive the requests for publication until after the deadline. Those items are Items 5 -7j. Foster Addition, Lot 2 NatureWorks+ (V- 182 -02; V- 183 -02; V- 184 -02) and Items 8 -10j. Clay Terrace PUD (V- 185-02; V- 186 -02; V- 187 -02). Mrs. Rice moved to suspend the rules for notice of publication for Items 5 -7j. Foster Addition, Lot 2 NatureWorks+ (V- 182 -02; V- 183 -02; V- 184 -02) and Items 8 -10j. Clay Terrace PUD (V -185- 02; V- 186 -02; V- 187 -02). The motion was seconded by Mr. Dierckman and APPROVED 3 -0, with Mr. Weinkauf abstaining. Mr. Dierckman moved to cancel the December 23, 2002 regular BZA meeting. The motion was seconded by Mrs. Rice and APPROVED 4 -0. Page 1 Carmel/Clay Board of Zoning Appeals November 25, 2002 Page 2 of 9 J. Public Hearing 1 -3j. Carmel/Clay Historical Society Archival Conservation Center (UV- 178 -02; V- 179-02; V- 180 -02) Petitioner seeks a Use Variance of Section 8.1: Permitted Uses in order to construct a 648- square -foot expansion to an existing museum. In addition, the petitioner seeks the following Development Standards Variances: V- 179 -02 §8.4.3(B): Minimum Side Yard <5 -foot east Side Yard V- 180 -02 §27.5: Amount of Parking Spaces Required The site is located at 211 2 nd Street Southwest. The site is zoned R -2 /Residence within the Old Town Overlay District. Filed by Tom Rumer of the Carmel/Clay Historical Society. No one present for the Petitioner. Mr. Lillig gave the Department Report. The Department had received a letter from the Carmel/Clay Historical Society on October 24, 2002, stating they did not wish to pursue this item at this time. The letter was not clear whether they wanted to table or withdraw this item. The Department sent a letter on October 30, 2002, requesting clarification. The Department has not received any clarification. The Department is recommending these items be dismissed for the simple reason if the items are dismissed, or if it were their intention to withdraw, it would prevent them from re- filing or being heard by the Board for a period of three months. Whereas, if the items remain on the agenda, delaying action for several months, they may find themselves in a case requiring them to wait an additional 60 to 90 days to be heard before this Board. Mr. Dierckman asked if they had paid any fees? Mr. Lillig stated they had not paid any filing fees. Mr. Dierckman agreed it seemed in their best interest to dismiss this so they do not have the time allocation issue. Mr. Weinkauf moved to dismiss Carmel/Clay Historical Society Archival Conservation Center (UV- 178 -02; V- 179 -02; V- 180 -02). The motion was seconded by Mr. Dierckman and APPROVED 4 -0. 4j. Bauer Commercial Park Motorcycles of Indianapolis (V- 181 -02) Petitioner seeks a Development Standards Variance of Section 14.4.2(2) in order to construct a building addition with a thirty -foot front yard building setback along Bauer Drive East. The site is located at 4146 East 96 Street. The site is zoned B -3 /Business. Filed by Bill Keller of KES Consultants, Inc. for Motorcycles of Indianapolis. Present for Petitioner: Bill Keller of KES Consultants, 740 E. 52 Street, Indianapolis, IN. Page 2 Carmel/Clay Board of Zoning Appeals November 25, 2002 Page 3 of 9 The 2300 square foot office addition will be on the east side of the building and will reduce the side yard depth to 30 foot. The additional office space will be used for corporate offices and will match architecturally with the rest of the building. Neighbors are all commercial, therefore no detriment to the neighborhood. Members of the public were invited to speak in favor of or opposition to the petition. No one appeared and the public hearing was closed. Mr. Lillig gave the Department Report. The Plan Commission is considering Docket 140 -02 DP /ADLS Amend. At the Tuesday, November 19 meeting the Plan Commission referred the item to the December 3 meeting of the Special Study Committee. Since this petition affects the site plan rather than an aspect of the ADLS, the Department has placed it on tonight's agenda. The Department is recommending favorable consideration of Docket V- 181 -02 with two conditions. First, that the right -of -way for East 96 Street will be dedicated in accordance with the Thoroughfare Plan prior to the issuance of an Improvement Location Permit for the building addition. Second, that all Technical Advisory Committee issues will be resolved satisfactorily prior to the issuance of an Improvement Location Permit. Mr. Keller stated they have no objections to the conditions. He believed the right -of -way had already been dedicated to meet the thoroughfare requirements. The site plan has been altered after doing research on the records. Mrs. Rice stated that the Plan Commission did not separate out the two because the site plan and the ADLS would affect each other. Mr. Lillig stated this Board would essentially be giving the Plan Commission the room to work with the petitioner within that additional 30 feet of front yard along Bauer Drive East. It doesn't affect the Plan Commission's ability to affect the ADLS because they still have Development Plan control over this site. They would still have the authority, under the Development Plan, to decide something between 30 and 60 feet as being appropriate for this front yard. Mrs. Rice stated that it seemed like this Board was being asked to do something that the Plan Commission wouldn't consider until they had seen the whole plan. Mr. Lillig stated that the Department had recommended that the Plan Commission consider the ADLS and the Development Plan aspect be considered separately, which would put things in the normal course. If the Board is uncomfortable with this variance, it could be tabled until the Plan Commission has rendered its decision. Mr. Weinkauf felt the ADLS concerns needed to be taken care of before this Board voted on this petition. Mr. Weinkauf moved to table V- 181 -02 Bauer Commercial Park Motorcycles of Indianapolis until all ADLS concerns are met. The motion was seconded by Mrs. Rice. Page 3 Carmel/Clay Board of Zoning Appeals November 25, 2002 Page 4 of 9 Discussion followed about the right -of -way dedication and approval of this variance. This variance would put everything in place for when and if the Plan Commission approved the Development Plan. The motion to table V- 181 -02 was APPROVED 3 -1, with Mr. Dierckman casting the opposing vote. 5 -7j. Foster Addition, Lot 2 NatureWorks+ (V- 182 -02; V- 183 -02; V- 184 -02) Petitioner seeks the following Development Standards Variances: V- 182 -02 §26.4.5(c) five -foot (5') north and south side bufferyards V- 183 -02 §26.4.5(c) reduced west front bufferyard V- 184 -02 §27.3.1 forego parking lot curbing The site is located at 421 South Range Line Road. The site is zoned B -1 /Business. Filed by Randy Sorrel of NatureWorks Present for the Petitioner: Randy Sorrell, 12401 Brookshire Parkway, Proprietor of NatureWorks a nine year old residential landscape and design, installation and light construction firm. They have a contingency offer on the property located at 421 South Range Line Road, Carmel. Presently it is zoned B -1 with a 60 year old home and garage on the property. The present 5 -foot side yard setback, as well as a 45 -foot half right -of -way in the front, make it difficult to comply. Both the house and garage are about 3.5 feet from the side property lines. The variance is needed in the front for the necessary parking, as well as the location of the house and garage. It will be renovated and turned into a showcase for clients. It will be a professional office. There will be no outside storage of any plant materials, mulch, large equipment, etc. Remonstrance: Mr. Sorrell had two letters, with names and addresses, in support of this project. Both of the letters were read. The first was from David Cremeans, owner of the property located at 431 S. Range Line Road, Carmel. The second letter was from Keith and Deborah Stockberger, owners of Miller's Auto Care located across the street. Opposition: Lillian Tickle, 420 1 St Avenue SE, Carmel, located directly behind this property. She was concerned about parking for the business. The driveway is small with an alley in the back that is not an access alley. Rebuttal: Mr. Sorrell stated there would be little traffic. The diagram indicated two parking spaces in front of the building. Two additional spaces can be counted with the garage and the long driveway, which will allow for parking, although not counted in the plan. Page 4 Carmel/Clay Board of Zoning Appeals November 25, 2002 Page 5 of 9 Mr. Lillig gave the Department Report. On November 12, 2002, the Plan Commission Special Study Committee approved Docket 9125 -02 ADLS with three conditions. The first was that the 45 -foot right -of -way for South Range Line Road be dedicated; second that no heavy equipment be stored on site; and third that the drainage issues be resolved. The Department recommends favorable consideration in accordance with the Plan Commission Special Study Committee's approval of Docket 9125 -02 ADLS with two additional conditions. First, that the right -of -way for South Range Line Road will be dedicated in accordance with the Thoroughfare Plan and second, that all Technical Advisory Committee issues will be resolved satisfactorily. Discussion followed regarding parking at this location. Mr. Sorrell stated that the property is space challenged. However, he will be the only office staff working from this location. Three parking spaces are needed and the two in the garage do count toward this total. Mr. Weinkauf moved to approve V- 182 -02, Foster Addition, Lot 2 NatureWorks+ with the Department Conditions. The motion was seconded by Mrs. Rice and APPROVED 4 -0. Mr. Weinkauf moved to approve V- 183 -02, Foster Addition, Lot 2 NatureWorks+ with the Department Conditions. The motion was seconded by Mrs. Rice and APPROVED 4 -0. Mr. Weinkauf moved to approve V- 184 -02, Foster Addition, Lot 2 NatureWorks+ with the Department Conditions. The motion was seconded by Mrs. Rice and APPROVED 4 -0. 8 -10j. Clay Terrace PUD (V- 185 -02; V- 186 -02; V- 187 -02) Petitioner seeks the following Development Standards Variances: V- 185 -02 §25.7.03- 3(c)(2)(i) 128 square -foot real estate sign V- 186 -02 §25.7.03- 3(d)(2) ten -foot tall real estate sign V- 187 -02 §25.7.03 -3(h) illuminated real estate sign The site is located southwest of East 146 Street and US 31. The site is zoned PUD /Planned Unit Development. Filed by Mark Jang of Lauth Property Group. Present for Petitioner: Mark Jang, Lauth Property Group, 9777 N. College Avenue, Indianapolis, IN. The sign will be located at the corner of Western Way and 146 Street. A computer image picture was shown. Clay Terrace Life Style Center will be an upper end, high -class facility with restaurants, retail, and different functions. This sign will give people an expectation of what they will see in two or three years. The illumination will be between the two signs, shining through the sign, creating a window effect. Members of the public were invited to speak in favor of or opposition to the petition. No one appeared and the public hearing was closed. Page 5 Carmel/Clay Board of Zoning Appeals November 25, 2002 Page 6 of 9 Mr. Lillig gave the Department Report. The ordinance states that temporary signs can be issued for no more than one year's duration, but may be renewed, unless otherwise prohibited. Given the size of this proposed sign, the Department recommends that the Board establish a five -year limit on the renewal of the Temporary Sign Permit, and require the petitioner to return to the Board at that time (no later than the November 2007 meeting of the BZA), if they wish to extend the approval. This sign will be parallel to 146 Street and does not block any view. Discussion followed on the height of the sign, multi- tenant real estate signs, billboards, and temporary sign permits. Temporary signs are to be renewed each year and can be renewed indefinitely. Mr. Jang stated this sign would be the marketing tool for Clay Terrace to give businesses a feel for what is being created. Mr. Dierckman stated this high -end development deserves this prestigious destination sign. Joe Downs, Lauth Property Group, 9777 N. College Avenue, Indianapolis, IN, stated the center is scheduled for opening Fall 2004. Discussion followed regarding temporary signs and the length of time this sign would be needed. Mr. Downs stated the opening of the project in Fall of 2004 is different from completion and lease -out. There will probably always be some empty spaces. He felt three years would be good. The temporary sign will go down as soon as the permanent signs go up. Mr. Weinkauf moved to approve V- 185 -02, V- 186 -02, and V- 187 -02 Clay Terrace PUD (V- 185-02, with a three -year time limitation. The motion was seconded by Mrs. Rice and APPROVED 4 -0. Mr. Weinkauf pointed out that there should be a separate Finding of Fact for each petition. Mr. Lillig stated the Department will start checking packets to make sure each petition is listed separately. 11 -13j. Meridian Technology Center 501 Congressional Boulevard (V- 188 -02; V- 189 -02; V- 190 -02) Petitioner seeks the following Development Standards Variances: V- 188 -02 §25.7.02- 10(b)three (3) identification signs V- 189 -02 §25.7.02- 10(c)105- square -foot maximum sign area for non oriented signs V- 190 -02 §25.7.02- 10(e)105- square -foot non oriented signs The site is located at 501 Congressional Boulevard. The site is zoned B -6 /Business. Filed by Steve Granner of Bose McKinney Evans for Duke Realty LP. Present for Petitioner: Steve Granner, Zoning Consultant, Bose McKinney Evans, 600 East 96 Street, Indianapolis, IN and Randy Smalley from Duke Construction. Page 6 Carmel/Clay Board of Zoning Appeals November 25, 2002 Page 7 of 9 This is an office building that Duke bought from Conseco. These variances are needed to put a sign program in place for potential tenants. This large tract is recorded as four different tax parcels. Within the sign ordinance it is treated as four separate sites. If it were one tax parcel, the site would have frontage on three streets, 116 Street, 117 Street and Congressional Boulevard. These variances would allow this to be treated as one parcel and allow the three signs with some flexibility. The signs are limited to stainless steel and black and white. If a tenant wants something else they would need to appear before this Board. Members of the public were invited to speak in favor of or opposition to the petition. No one appeared and the public hearing was closed. Mr. Lillig gave the Department Report. On November 12, 2002, the Plan Commission's Special Study Committee approved Docket 9142 -02 ADLS Amend with Conditions regarding color for this site. The Department is recommending favorable consideration of these variances consistent with the Plan Commission's approval of Docket 9142 -02 ADLS Amend. Mr. Granner reported that the Special Study Committee amended the motion to be stainless steel and black and white. Mr. Dierckman moved to suspend the rules to vote on V- 188 -02, V- 189 -02, and V- 190 -02 together. The motion was seconded by Mrs. Rice and APPROVED 4 -0. Mr. Dierckman moved to approve V- 188 -02 V- 190 -02, Meridian Technology Center 501 Congressional Boulevard. The motion was seconded by Mr. Weinkauf and APPROVED 4 -0. K. Old Business 1 -2k. Tabled to the Monday, January 27, 2003, agenda at the Petitioner's request: Carmel/Clay Schools Clay Junior High (SUA- 160 -02; V- 166 -02) Petitioner seeks approval of a Special Use Amendment under Section 5.2: Special Uses in order to construct a 67,976- square -foot addition to Carmel Junior High. In addition, the petitioner also seeks the following Development Standards Variance: V- 166 -02 §5.4.1 45' 4" auditorium height The site is located at 5150 East 126 Street. The site is zoned S -1 /Residence Low Density. Filed by William E. Payne of Fanning /Howey Associates for the Carmel/Clay School Corporation. L. New Business. 1L. There was no New Business on the November 25, 2002, agenda of the Board of Zoning Appeals. Page 7 Carmel/Clay Board of Zoning Appeals November 25, 2002 Page 8 of 9 M. Adiourn Adjournment motion was APPROVED 4 -0. The meeting was adjourned at 8:25 PM. Michael Mohr, President Connie Tingley, Secretary Page 8