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HomeMy WebLinkAboutMinutes BZA 05-29-01of CAq co, CITY OF CARMEL AND CLAY TOWNSHIP BOARD OF ZONING APPEALS MAY 29 2001 The regularly scheduled meeting of the Carmel Board of Zoning Appeals met at 7:00 PM in the Council Chambers of City Hall, Carmel, Indiana, on May 29, 2001. Members present: Leo Dierckman; Michael Mohr; Earlene Plavchak; and Pat Rice. Department of Community Services Staff in attendance: Director Michael Hollibaugh; Jon Dobosiewicz, Laurence Lillig; and Jeff Kendall, Building Commissioner. The minutes of the meeting of May 8, 2001 were approved as submitted. John Molitor reported on the "Pryor" case -the hearing is scheduled for 30 days hence and the Board has filed a Motion for Dismissal. Also, regarding Martin Marietta and Kingswood Homeowners, potential terms have been discussed that might be outlined in terms of a settlement of that litigation. It may be advisable to have an Executive Session prior to next month's meeting. There is no up -date on the Robinson case at this point. Department Report: The Following Agenda Items are Tabled: Items lh through 9h., Lakes at Hazel Dell, Section 1; 18 -19h., Fidelity Keystone Office Park National Bank of Indianapolis; 24 -29h., Shell Oil Company. Packets were not received for timely distribution: Item 15h., East 96 Street Auto Park. Block A; Item 20h., Fidelity Keystone Office Park, multi- tenant building complex; Items 22 and 23h., Mayflower Park Lot 1, Block 1, Kipp Brothers signage. Item 30h has been moved to the June 25 meeting of the Board of Zoning Appeals. H. Public Hearing: The following item was heard first out of Agenda sequence. Leo Dierckman and Earlene Plavchak recused themselves; in their stead were Kent Broach and James T. O'Neal, Sr. John Molitor, Counsel, also recused himself. 12- 13h.Our Lady of Mount Carmel Catholic Church (SUA- 42 -01; V- 43 -01) Petitioner seeks Special Use Amendment approval in order to construct a narthex addition on the existing church. Petitioner also seeks a Developmental Standards Variance of Section 6.4.1: Maximum Height in order to construct the narthex at a maximum of 30 feet. The site is located at 14598 Oak Ridge Road. The site is zoned S- 2 /residence. Filed by Charles R. Stafford of C. R. Stafford Associates for the Roman Catholic Diocese of Lafayette -in- Indiana. Page 1 Paul Reis, attorney representing Our Lady of Mount Carmel, appeared before the Board. Permission requested permission to construct an addition to the existing church and a variance from the maximum height. The Chapel would be a maximum of 30 feet in height, but not higher than the existing church building on site; building materials would match existing. The plans have been revised to show a ten -foot asphalt path along Oak Ridge Road and the installation of curbing in the new area of the parking lot. Members of the public were invited to speak in favor or opposition, no one appeared and the public hearing was closed. The Department recommends favorable consideration of the petition for church expansion. Michael Mohr moved for the approval of SUA- 42 -01, Our Lady of Mount Carmel Catholic Church, seconded by Jim O'Neal. APPROVED 4 -0. Kent Broach moved for the approval of V- 43 -01, Our Lady of Mount Carmel Catholic Church, seconded by Jim O'Neal. APPROVED 4 -0. 10 -11h Ahluwalia Office Building, V- 32 -01; V -33 -01 Petitioner seeks Developmental Standards Variances of Section 16.4.6: Minimum Lot Width in order to construct a second general office building on a 90 -foot wide property, and of Section 16.5.1(1) in order to forego including a loading berth. The site is located at 300 East Main Street. The site is zoned B -5 /Business. Filed by Joseph M. Scimia of Baker Daniels for Charan Ahluwalia. Joe Scimia of Baker and Daniels represented the petitioner. The petitioner is requesting a variance to construct an office building on a parcel that cannot meet the Ordinance through a practical difficulty. The petitioner is also requesting to forego the inclusion of a loading berth, stating that the deliveries are minimal, very low volume, and the configuration of the building, together with the site layout would make it extremely difficult for a delivery truck to maneuver the area. The petitioner is providing 25 parking spaces, 18 spaces are required. Members of the public were invited to speak in favor or opposition to the petition; no one appeared and the public hearing was closed. The Department is recommending favorable consideration. Leo Dierckman moved for the approval of V- 32 -01, seconded Earlene Plavchak. APPROVED 4 -0 Michael Mohr moved for approval of V- 33 -01, seconded by Leo Dierckman. APPROVED 4 -0. 14h. Ashton Subdivision, Section 2, Lot 34 (V- 44 -01) Page 2 Petitioner seeks a Developmental Standards Variance of Section 5.4.3(e): Minimum Lot Width in order to construct a single family residence forward of the 120 -foot building line. The site is located at 14387 Salem Drive East. The site is zoned S -1 /residence. Filed by David R. Barnes of Weihe Engineering for Laurel Lakes Development. Dave Barnes represented the petitioner. Don Smith, developer /builder for Laurel Lakes was also in attendance. Petitioner is requesting a variance from the 120 foot building line for a property located at 14387 Salem Drive East. Members of the public were invited to speak in favor or opposition to the petition; no one appeared and the public hearing was closed. The Department recommends favorable consideration. Board Comments and Questions: In response to questions from Michael Mohr, Don Smith said the house at this site is a "Spec House." Michael Mohr moved for the approval of V- 44 -01, Ashton Subdivision, Section 2, Lot 34, seconded by Leo Dierckman. APPROVED 4 -0. 15h. East 96 Street Auto Park, Block A (SU- 45 -01) Petitioner seeks Special Use approval in order to construct two multi- tenant, ground floor, professional office buildings. The site is located northeast of East 96 Street and Randall Drive. The site is zoned B- 3/business. Filed by Adam L. DeHart of Keeler -Webb Associates for Trumpington Building Corporation. Leo Dierckman moved to suspend the rules to hear this item, seconded by Michael Mohr, Approved 4 -0. Adam DeHart of Keeler -Webb Associates appeared before the Board requesting approval for two, multi- tenant office buildings. Tom Taggart was also in attendance. Adam DeHart submitted covenants and restrictions for review. The petitioner met with the adjacent homeowners on May 7th and received their approval. DNR approval has also been obtained due to the proximity of Carmel Creek; berms installed and Creek was realigned to contain floodwaters. Sidewalks are being installed and will tie into Williamson Run Subdivision; multi -use path to be installed along 96 Street. Members of the public were invited to speak in favor of the petition; the following appeared: Dan Worba, 95145 Power Drive, Board member of Williamson Run HOA and liaison to 96 Street development, said the proposed project is a great transition from commercial to the adjacent neighborhood. The HOA is pleased with the residential look of the building and in favor of the development. Page 3 Members of the public were invited to speak in opposition to the petition; no one appeared and the public hearing was closed. The Department had two outstanding items: The dumpster is located within the 50 foot landscaping strip; and a sidewalk should be installed on the east side of Randall Drive from the south line of Williamson Run Subdivision to a point 660/670 feet south. These two items have now been addressed -the sidewalk is now illustrated on the plans. However, the Department still has not received a copy of the recorded plat and no permits are to be issued until this item is addressed. Any approval should be contingent upon resolution of TAC concerns. Also, the location of street trees should provide for accel/decel lanes, should they be required. There was a concern regarding a farm tile /drainage for property to the west. Review reveals this is not a legal drain and no easement is identified probably would be a matter for the adjoining property owner to determine. Adam DeHart said the trash dumpster has been pulled back from the 50 foot landscaping easement. A request for work in the right -of -way has been submitted to the Board of Public Works. The petitioner will meet with the City Engineer to resolve the number of curb cuts on Randall Drive. Regarding drainage to the west, Randall Drive right -of -way is 59 feet wide with the utility easement. No tiles were found west to east, but will work with the neighbor. Leo questioned the necessity for 101 parking spaces. The petitioner said the space has not yet been officially leased. A professional office could be a medical use that would require one space for 250 square feet of space; petitioner is providing for future possibility so that a return to the Board would not be required. An accel/decl lane is a call for the Board of Public Works. Leo Dierckman moved for the approval of SU- 45 -01, East 96 Street Auto Park, Block A, contingent upon resolution of TAC concerns and urban forester approval of the location of street trees in conjunction with acceUdecel lanes, seconded by Earlene Plavchak. APPROVED 4 -0. 16 -17h. Meridian 465 Heart Hospital (V- 46 -01; V- 48 -01) Petitioner seeks the following Developmental Standards Variances: V -46 -01 23B. 12(A): Parking Requirements —68 spaces encroaching into US 31 front yard V -48 -01 27.5: Amount of Parking Spaces Required 64 -space parking deficiency The site is located at the southeast corner of West 106 Street and Illinois Street. The site is zoned B -6 /business and is located within the US 3I/Meridian Street Overlay Zone. Filed by Paul G. Reis of the Reis Law Firm for REI Investments. Paul Reis, 12358 Hancock Street, Carmel, asked for consideration of V -46 -01 initially; if approved, V -48 -01 will be officially withdrawn. Julie Christiansen of REI Investments was also in attendance. The petitioner is requesting a variance to allow 68 parking spaces that will encroach into US 31 front yard. The site is located at the southwest corner of West 106 Street and Illinois Street. The 13.5 acre site will contain the Heart Hospital and a 3 -story medical office building. Page 4 Members of the public in favor: Norm Tabler, 313 Millridge Drive, immediately to the west of the site, said the needs and concerns of the residential neighbors have now been met. The parking is concentrated toward Meridian Street and away from the residences to the west. Mr. Tabler is in support of the petition at this time. June Fronek, 373 Millridge Drive, Reserve HOA president, spoke in favor of the proposed hospital and office building, and is in favor of the variance for 68 parking spaces. The public hearing was then closed. The Department recommends favorable consideration. Leo Dierckman moved for approval of V- 46 -01, Meridian 465 Heart Hospital, 68 parking spaces, second by Michael Mohr. APPROVED 4 -0. Paul Reis then WITHDREW V- 48 -01. 20h. Fidelity Keystone Office Park (V- 51 -01) Petitioner seeks a Developmental Standards Variance of Section 25.7.02- 11(e): Location in order to allow a Multi- Tenant Building Complex Center Identification Sign to encroach 5 feet into the required ten -foot setback. The site is located at 650 East Carmel Drive. The site is zoned B- 8/business. Filed by Gordon D. Byers for FKOP, LLC. Michael Mohr moved to suspend the Rules of Procedure, seconded by Leo Dierckman. Approved 4 -0. Gordon Byers, attorney, 949 Conner Street, Noblesville, represented the petitioner. Approval is requested to allow a multi- tenant building, complex center identification sign to encroach 5 feet into the required ten -foot setback. Members of the public were invited to speak in favor or opposition; no one appeared and the public hearing was closed. The Department concurs with the need for the variance and recommends favorable consideration. Michael Mohr moved for the approval of V- 51 -01, Fidelity Keystone Office Park, seconded by Leo Dierckman. APPROVED (by a show of hands) 4 -0. The Findings of Fact will be filled in subsequently. 21h. North Augusta Subdivision, Section 2, Lot 49 (tfV- 52 -01) Petitioner seeks approval of a Use Variance in order to continue to o9erate a construction office in a residential district. The site is located at 3714 West 97 Street. The site is zoned S -1 /residence and is located within the US 421/Michigan Road Overlay Zone. Filed by Ronald Bussell of Bussell Bussell for Majestic Residence. Page 5 Ron Bussell, attorney, 703 Pro -Med Lane, represented Majestic Residence. Approval is requested to continue operating a construction office in a residence located at 3714 West 97 Street, within the US 421 Michigan Road Overlay. The construction office houses the president and one employee, and is used for sales meetings and general, over -sight office rather than a construction trailer. The area is transitional, developing commercial. The construction office is a great convenience for the contractor and is reportedly not being used in a manner that would detract from the current, residential use of the neighborhood. Mr. Bussell said the site is not being used as storage for construction materials, and the similarity to a home business is very strong except that the owners just don't happen to live there and operate a business out of their home. The petitioner is requesting approval to allow a temporary situation to use the residence as a construction site, 30 days beyond the ceasing of construction or no later than December 31 2001. The petitioner would also stipulate that there would be no parking on the grounds, only utilizing the driveway of the residence, no storage of construction materials on the site, and the structure and yard would remain residential in appearance. Members of the public were invited to speak in favor of the petition, the following appeared: Charles Milma, owner of the property at 3741 West 98 Street, Carmel, agreed that the area is in transition and there is a lot of commercial property in the area Pro -Care Nursery, and several residents are using their homes as commercial property as evidenced by lift trucks, sign trucks, etc. Majestic Residence is actually trying to improve the neighborhood and Mr. Milma had no objection. Dr. Gerald Lande, has an office in the immediate area, is vice president of "Land at the End," a Carmel resident of Summer Lakes neighborhood, and in charge of approving and making sure that constrution goes smoothly in the neighborhood. Dr. Lande said Majestic Residence has been keeping the area exceptionally well for the amount of construction going on; Dr. Lande has no problem with them parking in the driveway -they have managed to keep the area clean of blocking traffic. Dr. Lande is appreciative of the fact that Majestic is increasing property values in the area. Members of the public were invited to speak in opposition to the petition; the following appeared: Michelle Chapman, 3740 West 97 Street, president of the North Augusta Neighborhood Association, read into the record an objection to the current use of the site and objection to the variance, copy of which is attached. The petitioner owns several parcels on the south side of 97 Street, more specifically the subject site. The site has been occupied at times by 10 to 15 people; the property has not been properly maintained, i.e. trash and debris on the site; disorderly conduct from the occupants, and disturbing the peace. The Hamilton County Sheriffs office was called on numerous occasions to assist in bringing order to the occupants of the site. The residential property at 3714 West 97 Street, previously owned by Dr. Landes' mother, is currently operating and maintaining a commercial business in violation of Carmel Clay Zoning Ordinances, more specifically Home Occupation. There has never been home occupancy at 3714 West 97 Street, and there was never the intent of home occupancy. The petitioner is using more than 15% of the total floor area for construction office space; the garage has been converted to an office area. The petitioner has clearly changed the residential character of the dwelling; Page 6 currently there are utility vehicles, employee vehicles, materials, etc, maintained and being delivered at the residence in the front drive, front yard, and back yard. Only after a visit from the County Sheriff did the petitioner remove the sign for Majestic Residence from the front yard of the property and apply for a Variance. The petitioner should be directed to maintain his construction office from a temporary construction trailer on the site currently being developed as Majestic Plaza, directly across the street from the subject site. The continued use of the site as a construction office puts the neighborhood at risk as well as guests and small children in the area who are no longer safe on their bicycles or walking domestic animals. The intrusion of the construction office has caused unnecessary lifestyle changes to the residents of North Augusta. The residents of the North Augusta Neighborhood strongly object to a use variance of the site, the granting of which would be a great injustice to the community and to the Carmel Clay West district in general. Ms. Chapman submitted a petition signed by the residents of the North Augusta neighborhood in opposition to the variance. Ms. Chapman said that other than adjacent property owners, the residents were not notified of meetings regarding the construction, etc. Steve Townsend, 3702 W 97 Street, Carmel, immediately to the east of the subject site, said he is aware that the petitioner has purchased several properties in the area. There are problems with the trash and debris related to the construction site. There was a lack of fencing at the construction site until Mr. Townsend spoke with Jeff Kendall, Building Commissioner, and made a complaint. Mr. Townsend said Majestic Residence has done things "halfway" and has definitely changed the character of the neighborhood. Mr. Townsend said the construction workers are parked in the yard as well as the driveway, the traffic flow is interrupted, and there is damage to the road due to the construction equipment; materials are also stored on site and pictures can be produced showing all of this. Beverly Bonner, 3704 West 97 Street, directly to the west, said their lawn has been damaged, in addition to the road; there was also an incident of construction workers trespassing in her driveway. Ms. Bonner reported a previous incident to the County Sheriff and was told it was a neighborhood dispute. Ms. Bonner agreed with a previous speaker that neighborhood children are not safe on their bikes or walking their dog. There are a number of elderly people in the neighborhood who walk for exercise, and the additional, construction related traffic in the area plus required parking spaces create a health, safety and welfare issue. Amber Carson, 3722 West 98 Street, crime watch coordinator for the North Augusta Neighborhood Association, said she had filed numerous complaints with the Majestic project. The Sheriff has been called to the site three times. After taking photographs of the site, someone from Majestic followed her through the neighborhood and trespassed onto her property in an apparent attempt to intimidate; the Sheriffs office was again contacted. A representative of the Sheriffs Department visited the Majestic site and asked them to cease trespassing and to handle the situation without intimidation. The public hearing was then closed. Page 7 Laurence Lillig spoke for the Department. The use represents an existing violation of the zonig ordinance and the Department is recommending negative consideration of the petition. The public hearing was reopened to allow for rebuttal. Ron Bussell said the use of the house as a construction office appears not to be the subject of most of the comments made this evening. There have been complaints brought to Majestic Residence, and attempts have been made to clear those up. The Department has visited the site. It appears that a lot of complaints have to do with the transition of the area into rental housing and commercial uses. This is the first real intrusion beyond 96 Street, but it is within the guidelines of the Comprehensive Plan. The public hearing was again closed. Leo Dierckman questioned the status of the construction of the project. Majid Rastegar, 8020 Mill Pine Lane, Indianapolis, said the foundations are in, one building is in the second story framing, and one building has steel columns up. Leo Dierckman asked Steve Townsend if he was notified at the time the property was rezoned; Mr. Townsend responded in the affirmative. Leo Dierckman asked legal counsel what penalties might be imposed by the Board. John Molitor said it was not the function of the Board to impose penalties and fines. The use is currently in violation of the ordinance, and the ordinance does provide for monetary penalties for each day of violation. As yet, there has been no court action by the City, but the penalties and fines are accruing. Jeff Kendall, Building Commissioner, said there is a Citation Ordinance in the land ordinances. Pat Rice asked how long the violations had been going on. Laurence Lillig said the first complaint on this property was received January 10, 2001; the first site visit was made by Mr. Kendall on January 20, 2001. Mr. Kendall contacted the property owner regarding the Home Occupation Ordinance and its provisions as opposed to what was being done on site. The property owner was aware that this was a violation of the Home Occupation Ordinance as early as January 20, 2001. Jeff Kendall said the owner was told, verbally, to cease and desist. A follow up site visit showed compliance with the verbal request. A citation was attached to a stop work order. Due to some drainage issues and an inspection that did not take place as it should have, the citation was not correct procedure. The petitioner has not been cited for violations because inspections did not reveal the violations. There was a series of complaints that caused reaction and then inspection. It is the Building Commissioner's belief that the house is in violation. John Molitor said the statute of limitations for an ordinance violation is generally 6 months, and fines can accrue on a daily basis. Page 8 In response to questions from Pat Rice, Majid Rastegar said he was not aware that he was in violation of the ordinance until approximately one month ago when the stop work order was issued. Pat Rice asked how the situation could be remedied. John Molitor said the Department can take note of the Board's concern and bring it to the attention of the City Attorney. Earlene Plavchak asked if the violations on the house across street could be tied to work on the office complex. Until the house is returned to a single family residence and until there is a construction trailer on the site, there can be no more work done so that no more violations occur as Mr. Mastegar continues to build. Mr. Molitor said as long as there are outstanding violations, the Department can refrain from issuing new permits. In fairness to the applicant, the violation on the subject site is not tied to the site across the street, and there is no basis to stop work going forward on that site. Earlene Plavchak was totally appalled at the City's inability to present this case for the last five months when there has been lots of information coming from the neighborhood. Ms. Plavchak did not understand the City's ineffectiveness. Leo Dierckman agreed with Ms. Plavchak's comments. Michael Mohr did not want to slow the project; he would like to see the project completed as expeditiously as possible and the area cleared for the good of the neighborhood. Penalties would only drag the process out further. Pat Rice said she would like to see some type of restitution made to the community for damage to property. Majid Rastegar then addressed the Board saying he did not know anything about rules and regulations. The question tonight is can he have the variance or not; secondly, if he is not granted a variance, tomorrow night he will take his wife into the building and make it residential, the same as all of the neighbors running their business from their homes. If there is a violation, it is not for tonight, "Do I get the variance or not Mr. Mastegar asked if he would be allowed to run the construction from that building or park several cars on an 8 feet wide street and run his business from the trucks. Mr. Mastegar said he is making the neighborhood better. Ms. Rice responded to Mr. Mastegar's comments. If Mr. Mastegar is going to do business in Carmel Clay, it is important that he understands the ordinance. Michael Mohr moved for approval of UV- 52 -01, North Augusta Subdivision, Section 2, Lot 49, second by Earlene Plavchak. The motion was DENIED 0 in favor 4 opposed. 22 -23h. Mayflower Park, Block 1, Lot 1 Kipp Brothers (V- 53 -01; V- 54 -01) Petitioner seeks Developmental Standards Variances of Section 25.7.02 -8(b): Number Type in order to establish a second wall sign on a single tenant building and to place the sign on a facade without street frontage. The site is located northwest of West 96 Street and Mayflower Park Drive. The site is zoned I -1 /industrial. Page 9 Filed by E. Davis Coots of Coots Henke Wheeler for Glennco Realty, LLC. Michael Mohr moved to suspend the Rules of Procedure, Unanimously Approved. Jim Wheeler, attorney, Coots Henke Wheeler, 255 East Carmel Drive, Carmel represented Glennco Realty, LLC, d/b /a Kipp Bros. Kipp Bros. is a supplier of novelty items and has recently moved to Clay Township on Mayflower Park Drive, northwest of West 96 Street in a large, warehouse -type building. There is presently a sign on Mayflower Park Drive, but no sign on the south elevation of the building. The petitioner is requesting an almost identical sign on the south elevation that is currently on the east elevation. During the day, the letters of the sign are black; at night, they are white. The requested sign is slightly larger than the sign on the east elevation. The sign is nice and subtle for identification and location for clients visiting the office. Members of public were invited to speak in favor or opposition; no one appeared and the public hearing was closed. The Department is recommending favorable consideration of the petition. Leo Dierckman moved for the approval of V- 53 -01, Mayflower Park, Block 1, Lot 1 Kipp Brothers, seconded by Michael Mohr. APPROVED 4 -0. Michael Mohr moved for the approval of V- 54 -01, Mayflower Park, Block 1, Lot 1 Kipp Brothers, seconded by Leo Dierckman. APPROVED 4 -0. I. Old Business. Ii. Lattice Communications (SU- 36 -01) Petitioner seeks Special Use approval in order to establish three slick- mounted wireless telecommunications antennas on existing poles. The site is located southeast of East 116 Street and Gray Road at the Cinergy substation. The site is zoned S -1 /residence. Filed by Timothy Ochs of Ice Miller Donadio Ryan for Lattice Communications. Tim Ochs, attorney with Ice Miller Donadio Ryan, One American Square, Indianapolis, represented the petitioner, Lattice Communications. This Docket was continued from the April meeting. Scott Brewer, Urban Forester, reviewed and approved the revised landscape plan on May 17, 2001. The petitioner met with a representative of Sycamore Farm the first week of May. Mr. Cooper, president of Sycamore Farm Homeowners Association, said they are satisfied with the commitments as tendered. Laurence Lillig asked that a copy of the revised commitments be submitted to the Department. for review. The revised landscape plan meets the telecommunications ordinance, and the Department is recommending favorable consideration at this time. Page 10 According to Mr. Wheeler, the revised landscape plan is over and above the previously submitted landscape plan. It is important to note that no new structure is being installed, only camouflage for current antenna on an existing pole. Members of the public were invited to speak in favor of the petition; the following appeared: Carol Kiefer, 4960 Regency Place, Kingswood Subdivision, referred to the revised commitments and was in favor as revised. All adjacent landowners are in agreement as well as both HOA boards of Kingswood and Sycamore Farm. Kudos to the petitioner for working with the adjacent homeowners and coming to a favorable resolution. Members of the public were invited to speak in opposition to the petition; no one appeared and the public hearing was closed. Laurence Lillig said the revised landscape plans meet the telecommunications ordinance and the Department is recommending favorable consideration of this petition. Earlene Plavchak moved for the approval of SU- 36 -01, Lattice Communications, seconded by Michael Mohr. APPROVED 4 -0. Director Michael Hollibaugh addressed the Board. Michael outlined the procedure for complaints, follow -up, and site visits. There being no further business to come before the Board, the meeting was adjourned at 10:30 PM. Pat Rice, Vice President Ramona Hancock, Secretary Page 11