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HomeMy WebLinkAboutMinutes BZA 11-22-99CITY OF CARMEL AND CLAY TOWNSHIP BOARD OF ZONING APPEALS NOVEMBER 22, 1999 The regularly scheduled meeting of the November 22, 1999 Board of Zoning Appeals was called to order with the Pledge of Allegiance at approximately 7:00 PM in the Council Chambers of City Hall, Carmel, Indiana. Members present were: Pat Rice; Charles Weinkauf; and Tom Yedlick. Steve Engelking, Director, and Laurence Lillig were present representing the Department of Community Services. The minutes of the Special Session of October 26, 1999 were approved as submitted. F. Legal Counsel Report Item 1. John Molitor reported that a recent court case in the Town of Avon recognizes the right of the Town (or City) to amortize away non conforming uses; that is, the types of uses that were "grandfathered" in because they were in existence before the Zoning Ordinance came into effect. There is a possibility that the Commission may look into a reform amendment that would allow grandfathered uses to be phased out over a period of time. This would have the effect of adding to this Board's jurisdiction because of the Board's jurisdiction over appeals regarding non conforming uses. Comments from Board Members should be submitted to John Molitor. Item 2. There is a gap in the BZA Rules of Procedure regarding notices across county lines. Proposed Amendments have been prepared to the Rules and can be discussed as the last item of business this evening. The hope is to adopt the proposed amendments prior to the end of the year. G. Laurence Lillig reported that the Kinney Dental Office, UV- 66 -99, is a public hearing item. This item will be heard first on this evening's Agenda. H. Public Hearing: 5i. Kinney Dental Office (UV- 66 -99) Petitioner seeks approval of a Use Variance to allow construction of a 970 square foot addition to Keystone General Implant Dentistry and six additional parking spaces. The site is located at 2828 East 96 Street. The site is zoned S -2 /Residential. Filed by Wayne Kinney, DDS. s:\BZA\Minuteaza1999nov 1 Wayne T Kinney, DDS, 2828 East 96 Street, Indianapolis 46240 appeared before the Board requesting a Use Variance to allow construction of an addition to the existing dental office as well as six additional parking spaces to the present facility. The property is situated at the corner of 96 Street and Haverstick, on the County line and is currently zoned S -2. A Use Variance was initially granted by the Board in 1991 for a dental office. One of the conditions at that time was that substantial, structural modifications would require approval by the Board. The proposed 970 square foot addition will match the existing structure and maintain the residential setting, although the design will be professional in nature with landscaping added. The addition provides for a light, commercial use and will have no impact upon the neighborhood. The additional space is needed to allow more efficient treatment of patients, provide a surgery room, and a staff lounge. Members of the public were invited to speak in favor or opposition to the petition; no one appeared. Laurence Lillig reported that the Department is recommending favorable consideration. In response to questions from Pat Rice, Dr Kinney stated that he had met with the Grass Roots organization, representatives Cole Alexis and Mark Varnau. There were no concerns or recommendations noted. The public hearing was then closed. Pat Rice moved for the approval of UV- 66 -99, Kinney Dental Office. APPROVED 3- 0. lh. Northview Christian Life (SU- 69 -99) Petitioner seeks Special Use approval in order to establish a wireless telecommunications facility for Omnipoint Communications consisting of camouflaged, wall- mounted antennas on the Northview Christian Life Church property. The site is located at 5535 East 131 Street. The site is zoned S- 1 /Residential. Filed by James B. Burroughs of Ice Miller Donadio Ryan. Jim Burroughs, attorney, One American Square, Indianapolis 46204 appeared before the Board representing Omnipoint Communicaitons. Approval is being requested to permit Omnipoint to locate its antennas at certain locations on the Northview Christian Life Church building located at 5535 East 131S Street. Omnipoint will remove a portion of the brick facade of the Church and install its antennas behind a fiberglass facade; the appearance will not change and the antennas will not be visible to the naked eye. The "I" beams of the church that support the roof on the south side will each have an antenna mounted along the side; they will be parallel and s:\BZA\Minuteaza1999nov 2 visually integrated with the "I" beams The equipment will be located behind an existing wall that has a gate on the east side of the building. Ameritech has received approval to locate some antennas on the church building. The reason for this particular site is to provide adequate and reliable, personal communication service, wireless coverage within the Carmel area. The predominant number of antennas constructed by Omnipoint are located on either existing towers or other structures of height. Omnipoint has explored as many alternatives as possible. At the Church location, the necessity of the 150 foot monopole tower has been dropped. If favorable approval is granted for the church location, the petition for a telecommunications tower at 10851 Hazel Dell Parkway will be withdrawn. Members of the public were invited to speak in favor or opposition to the petition; no one appeared and the public hearing was closed. Laurence Lillig reported that the Department is recommending favorable consideration of the petition. In response to questions from Tom Yedlick, Jason Bechtel, RF Engineer with Omnipoint, 6215 Morenci Trail, Indianapolis, stated that the antennas are directional with a 90 degree beam width. Point of Clarification: James Burroughs stated that there are three antennas in total. The public hearing was then closed. Tom Yedlick moved for approval of SU- 69 -99, Northview Christian Life. APPROVED 3 -0. Mr. Burroughs then confirmed the Withdrawal of SE -35 -99 and V- 36 -99, Omnipoint Telecommunications Tower. 2h -4h. Browning Office Development (V- 70 -99, V -71 -99 V- 72 -99) Petitioner seeks approval of developmental standards variances of Section 23B.8.1(b) (requests 63'10" height), Section 23B.8.3(d) (requests 300 foot front yard setback), and Section 23B.12 (requests parking within the front yard setback) in order to develop two office buildings within the U.S. 31 Corridor Overlay Zone. The site is located within the 10900 block of North Pennsylvania Street. The site is zoned B -6 /Business within the U.S. 31 Corridor Overlay Zone. Filed by Jamie Browning of Browning Investments. James Browning of Browning Investments, 251 North Illinois Street, Indianapolis appeared before the Board requesting three Developmental Standards Variances in relation to height, front yard setback, and parking within the front yard setback. s:\BZA\Minuteaza1999nov 3 The property is located between 106 Street and 111 Street, in the 10900 block of North Pennsylvania Street. The property consists of approximately 10 acres and is within the U.S. 31 Overlay Zone. The petitioner will be constructing two office buildings of architectural, pre -cast. One building will consist of 58,000 square feet; the second building is similar in size (52,000 square feet) and will house corporate headquarters. The Plan Commission granted ADLS approval on this project in October. The parking area to the front of one of the buildings does not comply with the US 31 Overlay Ordinance. According to the Ordinance, there is not to be any parking between US 31 and the front setback of the building; however, there is parking on the opposite side of Pennsylvania Street. There is an Indiana Gas line that runs through the property and it is not possible to move the building forward. The second variance relates to the setback from Pennsylvania Street. Again, compliance is limited due to the presence of the gas line and the building cannot be moved forward. The third variance applies to height. The tower area does not comply with the Ordinance. The revised US 31 Overlay Zone is presently before the Plan Commission; if in effect today, the property would not be in the Overlay Zone and there would be no reason for the variances. The petitioner has met with Dick Klar, president of the Neighborhood Association adjacent to the proposed development. No negative comments have been received from the Neighborhood Association. Members of the public were invited to speak in favor or opposition to the petition; no one appeared. Laurence Lillig reported that the Department is recommending favorable consideration of the petitions. The public hearing was then closed. Pat Rice moved for approval of V- 70 -99. APPROVED 3 -0. Pat Rice moved for the approval of V- 71 -99. APPROVED 3 -0. Pat Rice moved for the approval of V- 72 -99. APPROVED 3 -0. 3i. Robinson Barber Shop (UV- 61 -99) Petitioner seeks approval of a Use Variance in order to establish a barber shop in an existing residential structure previously used as a sign shop. The site is located at 751 North Range Line Road. The site is zoned B -5 /Business. Filed by Pat Robinson. TABLED BY PETITIONER s:\BZA\Minuteaza1999nov 4 4i. H.C. Burnett Subdivision, Lot 2 (V- 65 -99) Petitioner seeks approval of a Developmental Standards Variance of Section 8.4.3 (D) of the Carmel /Clay Zoning Ordinance to allow a twelve -foot rear yard setback. The site is located at 520 Burnett Court. The site is zoned R- 2 /Residential. Filed by John Krom of Habitat for Humanity Hamilton County, Inc. Rick Roesch, 832 Spruce Drive, Carmel, appeared before the Board as a board member of Habitat for Humanity, Hamilton County. This item was tabled at the October meeting due to the issue of a first right of refusal on the property. The right of refusal has been offered and such offer has now expired. The property owners, Mr. and Mrs. Birchfield, were also in attendance. Note: The public hearing on this petition was held at the October 25 meeting of the Board of Zoning Appeals. Pat Rice had various and sundry comments regarding a recent newspaper article written by Mike Shaver who was in support of the basic premise of Habitat for Humanity but thought they were not living up to their responsibility. Ms. Rice referred to the Operations Manual of Habitat and stated her opinion. It was Ms. Rice's belief that Habitat had failed to prove that the proposed construction would not be injurious to the morals and general welfare of the community. Mr. Roesch responded that in most instances where there is a vacant lot, most people would prefer not to have anything built on the lot. However, the property owner has a right to build or develop his lot. There has been a lot of publicity about Habitat in meeting various zoning requirements. Habitat asks the same consideration that any other property owner, developer /builder would ask. Habitat has attempted to meet with the neighbors -they do not all agree, they do not all disagree. There is a family selection committee, and numerous criteria must be met. Mr. Roesch asked that Habitat be considered as any other property or purchaser. John Krom, 615 Tanglewood Drive, Noblesville, Executive Director with Habitat for Humanity of Hamilton County, addressed comments in response to Michael Shaver's newspaper article. The success of Habitat is not measured in houses but rather in families; it is a family nurturing process of budgeting, counseling, encouragement for education, better jobs -a multitude of things. Tom Lazarra, 11504 Dona Drive, Carmel, member of the Board of Directors of Habitat for Humanity, Hamilton County, reported that he had gone door -to -door with the adjacent homeowners. Feedback from three families indicated concern with clearing the trees on the lot, and depreciation of property values. As a professional real estate agent of 26 s:\BZA\Minuteaza1999nov 5 years, it was Mr. Lazarra's considered opinion that a Habitat Home would not have any direct bearing on property values in the neighborhood. Mike Birchfield, 4 and Rangeline Road, Carmel, property owner of the lot at 520 Burnett Court that was sold to Habitat, appeared before the Board to explain that Right of First Refusal. According to Mr. Birchfield, the Right of First Refusal expired June 1, 1999. The Right of First Refusal was offered again to Mr. Autry with a 10 day opportunity, and financing could not be arranged; the First Refusal is "dead." Debbie Roberts (realtor with Century 21 Rasmussen) submitted a copy of the First Refusal and confirmed that several attempts had been made to resolve the situation. Mr. Autry's attorney, Tim DeKolsty, was contacted. There was never any earnest money on deposit securing the intent of the purchaser. Again, the First Right of Refusal has expired and is not longer in effect. Laurence Lillig reported that the Department is recommending approval of the Variance. The public hearing was then closed. Tom Yedlick moved for the approval of V- 65 -99, Lot 2, H.C.Burnett Subdivision (Habitat for Humanity). APPROVED 3 -0. John Molitor explained the proposed amendments to the Rules of Procedure and there was open discussion and comment. Pat Rice moved to approve the Amendments to the Board of Zoning Appeals' Rules of Procedure. APPROVED 3 -0. There being no further business to come before the Board, the meeting was adjourned at 9.10 PM. Ramona Hancock, Secretary Charles W. Weinkauf, President s:\BZA\Minuteaza1999nov 6