HomeMy WebLinkAboutMinutes BZA 04-26-10 ,:e Rsy
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MINUTES
Carmel Board of Zoning Appeals
Regular Meeting
Monday, April 26, 2010
6:00 pm
Caucus Rooms
Present: James Hawkins, President
Kent Broach
Leo Dierckman
Earlene Plavchak
Madeleine Torres
Connie Tingley, Recording Secretary
Staff members in attendance: Christine Barton- Holmes, Planning Administrator
Rachel Boone, Planning Administrator
Mike Hollibaugh, Director, Department of Community Services
Legal Counsel: John Molitor
Previous Minutes:
On a motion made by Leo Dierckman and seconded by Earlene Plavchak:
The Minutes for the meeting dated February 22, 2010 were approved as circulated.
MOTION CARRIED UNANIMOUSLY
Department Report: Christine Barton- Holmes
Recommended Item 1 h, Meridian Main and Items 2 -8h, Home Place (The Monon Gardens) be
withdrawn for lack of prosecution
Items 20 -22h, Convenience Centers 808 W Main withdrawn by Petitioner (no longer needed)
Item 1 i, 646 Johnson Drive Appeal tabled indefinitely
Motion: On a motion made by Leo Dierckman and seconded by Earlene Plavchak:
Item Ih, Meridian Main and Items 2 -8h, Home Place (The Monon Gardens) be
withdrawn.
MOTION CARRIED UNANIMOUSLY
Legal Report: John Molitor
Item 1 i, 646 Johnson Drive Appeal at Plan Commission
o Some discussions between attorneys and depositions taken
o May be resolved by end of summer
American Tower Company litigation
o No activity; nothing to report
Page 1 of 5
Carmel Board of Zoning Appeals
April 26, 2010
o Subject to dismissal if no action taken within 60 days for failure to prosecute
o Will make recommendation next month
Public Hearing:
lh. Meridian Main WITHDRAWN
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.
2 -8h. Home Place, Lots 26,26,40,47,48,100 (The Monon Gardens) WITHDRAWN
The applicant seeks the following use variance and development standards variance approvals:
Docket No. 09110001 UV Section 9.01.01: permitted uses; to permit multi family uses on multiple lots
Docket No. 09110002 V Section 9.04.03.F: exceeding maximum 35% lot coverage per lot
Docket No. 09110003 V Section 9.04.03.D.1: reducing rear setback from 20' to 5' 10' per lot
Docket No. 09110004 V Section 9.04.03.G: minimum ground floor area, 800 s.f /dwelling
Docket No. 09110005 V Section 9.04.3.a: reducing front setbacks from 30' to 10' per lot per frontage
Docket No. 09110006 V Section 26.02.05: distance between multi family buildings on same lot
Docket No. 09110007 V Section 26.04.06: reduction of perimeter bufferyards for overall development
The site is located near 10505 Cornell Ave. and is zoned R -3 /Residence within the Home Place Overlay.
Filed by Scott Leopold of Leopold Building Group.
9 -19h. Long Branch Market w/ Kroger (Altum's site)
The applicant seeks the following development standards variance approvals:
Docket No. 09110015 V Section 23C.03.B: maximum 75% gross floor area permitted for retail uses
WITHDRAWN
Docket No. 09110017 V Section 25.07.02 -08.b: Frontage on a public street
Docket No. 09110018 V Section 25.07.02 -08.b: three signs for a single tenant building (anchor tenant)
Docket No. 09110019 V Section 25.07.02 -08.b: three signs facing west (anchor tenant)
Docket No. 09110020 V Section 25.07.02 -08.c: maximum sign area (anchor tenant)
Docket No. 09110021 V Section 25.07.02 -8.G: type of changeable copy for a sign
Docket No. 09110022 V Section 25.07.02 -11.g: copy, multi tenant building complex directory sign
Docket No. 09110023 V Section 25.07.02 -11.d: maximum height of multi- tenant building complex sign
I WITHDRAWN
WITHDRAWN
The site is located at 11335 N. Michigan Rd. It is zoned B -3 /Business and located within the US 421 /Michigan
Rd. Overlay Zone. Filed by Robert Barker of Zinkan Barker Development Co., LLC.
Present for Petitioner:
Charles Frankenberger and Jon Dobosiewicz, Nelson Frankenberger; Dan Dicioccio, Kroger and
Bob Barker, Zinkan Barker Development
Charles Frankenberger:
Aerial photos of approximate 22 -acre parcel shown
Approvals received April 20, 2010 from Plan Commission for Development Plan, ADLS, and
B -3 permitted uses pursuant to prior Zoning Commitments
Only portion of parcel within US 421 Overlay Zone
Site plan shown indicating Overlay Zone
Page 2 of 5
Carmel Board of Zoning Appeals
April 26, 2010
Proposed redevelopment plans reviewed by the Plan Commission documents in informational
brochures
o Substantial efforts by Plan Commission, Special Studies Committee, Dept. of
Community Services and the public
o Proposal unprecedented in building setbacks, bufferyards, use and lighting limitation,
and restricted delivery hours; exceeding zoning requirements
o Extensive buffering provided between site and nearby residential areas
o All traffic and activity to side and back of grocery and shops screened by expansive
setbacks, buffers and 10 -foot wall
Jon Dobosiewicz:
Informational packets with site development plan given to Board members
Majority of presentation given to Plan Commission; which has two members on BZA
26 Commitments made to Plan Commission included in packet addressing the public's
concerns (Tab 12)
Kroger building approximately 85,000 square feet
14,400 square feet adjacent B shops
Two outlots along Michigan Road would need future Plan Commission review
Kroger fuel center adjacent to Michigan Road
10 -foot decorative wall on mound between parcel and residential areas
Building masonry all four sides with EFIS accents
Fuel center canopy has no proposed signage; ground sign used for this site
Commitments agree to extend Overlay over entire parcel with three exceptions:
o Limit retail use on entire property to 98,000 square feet
o Variance would allow shifting of this square footage into area allowing only 75%
o Approximately 7350 square feet to be placed along Michigan Road away from
residential areas
All Kroger wall signs will be individual internally illuminated letters affixed to facade
All wall signs directed toward Michigan Road; none facing adjacent residential properties
o Closest residence more than 200 yards from signs
o Obscured by wall and mound
Three signs: Kroger, Pharmacy, Drive -thru
Landscape plans along facade of building help obscure view from residential areas
One -sided ground sign for fuel center will be located in island south of main entrance along
Michigan Road, directed toward parking
Variances to allow fuel pricing on sign with mechanical device to scroll fuel prices remotely
Variance allows primary identification sign to be 9 feet in height along Michigan Road
o Sign 8 feet in height with one -foot cap for aesthetic purposes
Public Hearing closed
Department Report:
Christine Barton Holmes
Flexibility for this site limited by committing to Overlay restrictions on entire parcel
Over 75% retail, but less than 93%
Intent of Overlay being met
o Mix of uses not wholly dependent on retail
Page 3 of 5
Carmel Board of Zoning Appeals
April 26, 2010
o Limit impact of retail center on adjoining uses, especially residential
Department recommended positive consideration of Docket 09110015.
Rachel Boone
Three signs facing one frontage (west) common variances for buildings of this size and type
Allowable 145 square feet signage appeared small on building for readability from Michigan
Road
214.96 square feet signage proposed
Directory sign used for gas prices instead of listing other buildings in the center
Remotely operated sign good alternative for changeable copy; looks like other sign panels
Support proposed complex sign height for beautification
Department recommended positive consideration of all variances, 09110017 through 09110023
Discussion:
Commitments:
o Section 2 Item D confirmed Exhibit C correct exhibit for adjoining parcel
o Section 6 Item C each business owner in project responsible for maintenance of buffer
o Section 5 Item E violations of Commitments will be enforced by City
Path installed along Michigan Road
Sidewalk between parcel and townhome area for convenience
Variance for frontage on Michigan Road for Kroger and B Shops because of outlots along
Michigan Road
Mound with ten -foot wall entirely on the parcel and will be maintained on both sides by owners
of center; access points around parcel
Motion: On a motion made by Leo Dierckman and seconded by Madeleine Torres:
Docket Nos. 09110015 V, 09110017 09110023 V, Long Branch Market w/Kroger (Altum's
site) be approved for maximum 75% gross floor area permitted for retail uses and signage requests.
MOTION CARRIED UNANIMOUSLY
20 -22h. Convenience Centers 808 W Main WITHDRAWN
The applicant seeks the following development standards and use variance approvals:
1 APPROVED
Docket No. 09120030 V 25.07.02 14 LED ground sign WITHDRAWN
1' 1 .1 11 WITHDRAWN
The site is located at 808 West Main Street in the OM/MU District on 1.75 acres.
Filed by Eric Harvey of Tharp Investments.
I. Old Business
li. 646 Johnson Drive Appeal TABLED INDEFINITELY
The applicant seeks the following permit issuance appeal:
Docket No. 09020014 Appeal Appeal of Permit No. 09010003 Accessory Structure Size
The site is located at 646 Johnson Drive and is zoned R1 /Single family residential
Filed by: Howard Holly Green; John Beryl Colosimo; James Laura Dunn; Judy Wagner; and Michael
Susan Shaw, neighbors.
Page 4 of 5
Carmel Board of Zoning Appeals
April 26, 2010
Adjournment
Motion: On a motion made by Madeleine Torres and seconded by James Hawkins:
The Meeting be adjourned.
MOTION CARRIED UNANIMOUSLY
The meeting adjourned at 6:40 PM.
Approved this 2`i day of Aht 7 20 /f9.
Pr'ident Jame. R. Hawkins Secretary Co ie/ gley
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