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BOARD OF ZONING APPEALS
SEPTEMBER 24, 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, at 7:00 PM.
Members present were: Leo Dierckman; Michael Mohr; Pat Rice; and Charles Weinkauf.
Department of Community Services Staff in attendance: Director Michael P. Hollibaugh and
Laurence Lillig. Jeff Kendall, Building and Code Enforcement, was also in attendance as well as
John Molitor, Counsel.
The minutes of the August meeting were approved as submitted.
John Molitor reported on the Cell Tower approval located on West 141 Street. A hearing was
held on a Motion to Dismiss based on the failure of the petitioner to give notice to the Cell
Tower company. The court has not yet ruled on that motion, but we remain optimistic.
Announcements, Laurence Lillig. The following items are tabled for this evening's Agenda:
Items 1 h through 9h, Lakes at Hazel Dell; Items 10 through 12h, Shell Station on East 96
Street; 15h, the co- location of an antennae for a WTF on Queens Way. In addition,
informational packets were not received for item 14h, JCSipe Jewelers, and in order to hear this
item, the Board would have to suspend the rules.
Pat Rice moved to NOT suspend the rules, since no information was received, seconded by Leo
Dierckman. APPROVED 4 -0. The Board will not hear 14h, JCSipe Jewelers this evening.
H. PUBLIC HEARING:
lh -3h. These Items Currently Tabled:
Lakes at Hazel Dell, Section 1, Lot 16 (UV- 133 -00; V- 156 -00; V- 157 -00)
Petitioner seeks a Use Variance of Section 5.1: Permitted Uses in order to establish a
temporary model home /sales office. Petitioner also seeks Developmental Standards
Variances of Sections 25.7.02 -7(c): Maximum Sign Area; and 25.7.01 -7(d): Maximum
Sign Height. The site is zoned S -1 /Residence Low Density.
Filed by Joseph M. Scimia of Baker Daniels for Zaring Homes of Indiana.
4h. This Item Currently Tabled:
Lakes at Hazel Dell, Section 1, Lot 17 (UV- 134 -00)
Petitioner seeks a Use Variance of Section 5.1: Permitted Uses in order to establish a
temporary model home /sales office. The site is zoned S -1 /Residence Low Density.
Filed by Joseph M. Scimia of Baker Daniels for Zaring Homes of Indiana.
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5h -8h. These Items Currently Tabled:
Lakes at Hazel Dell, Section 1, Lot 237 (UV- 135 -00; V- 153 -00; V- 154 -00; V- 155 -00)
Petitioner seeks a Use Variance of Section 5.1: Permitted Uses in order to establish a
temporary model home /sales office. Petitioner also seeks Developmental Standards
Variances of Sections 25.7.02 -7(b): Number and Type of Signs; 25.7.02 -7(c): Maximum
Sign Area; and 25.7.02 -7(d): Maximum Sign Height. The site is zoned S -1 /Residence
Low Density.
Filed by Joseph M. Scimia of Baker Daniels for Zaring Homes of Indiana.
9h. This Item Currently Tabled:
Lakes at Hazel Dell, Section 1, Lot 238 (UV- 136 -00)
Petitioner seeks a Use Variance of Section 5.1: Permitted Uses in order to establish a
temporary model home /sales office. The site is zoned S -1 /Residence Low Density.
Filed by Joseph M. Scimia of Baker Daniels for Zaring Homes of Indiana.
10 -12h. Shell Station (V- 92 -01; V- 93 -01; V- 94 -01)
Petitioner seeks the following Developmental Standards Variances:
V -92 -01 ZO 25.7.02 -7(b) 2 Special Use signs
V -93 -01 ZO 25.7.02- 7(c)(i) 95- square -foot ground sign
V -94 -01 ZO 25.7.02- 7(d)(i) 9' 4" ground sign
The site is located at 3202 East 96 Street and is located partially within the SR
43I/Keystone Avenue Overlay Zone.
Filed by David George of Insight Engineering for Shell.
Tabled
13h. Hazel Dell Corner, Lot 4 (SU- 95 -01)
Petitioner seeks Special Use approval in order to establish a ground floor, multi- tenant
building use. The site is located at 13190 Hazel Dell Parkway. The site is zoned B-
3 /Business.
Filed by Paul G. Reis of The Reis Law Firm for Plum Creek Partners, LLC.
Paul Reis, attorney, 12358 Hancock Street, Carmel, appeared before the Board representing
Plum Creek Partners, LLC. Brian Chandler of Plum Creek Partners was in attendance as well as
Cort Crosby of Schneider Engineering.
The current request is for approval of retail /office space in a B -3 district, in particular, a 12,950
square foot, neighborhood commercial center to be located on lot 4 of the Hazel Dell Corner
Subdivision. The special uses being proposed for approval are consistent with the zoning
commitments approved b the Plan Commission in 1995 in connection with the re- zoning of this
real estate. The site is approximately 4.21 acres in size.
There are 6 lots within this Subdivision. Lot 1 is the location of the approved Osco Store; Lots 5
and 6 have been approved for a Day Care Center and Medical Office Building; Lots 2 and 3
remain undeveloped.
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The lot discussed this evening is lot 4, an irregular shaped lot and has a large detention pond as
well as open space in connection with the Mitchner drain, the main drainage facility through the
area. To the west of the site is the Emerald Crest subdivision. An 8 -foot asphalt path will be
constructed linking the Hazel Dell Parkway with the residential areas to the west. Not shown on
the plan is a striped area designating the pedestrian crossing. There is a 50 -foot greenbelt on the
western part of the lot, adjacent to the residential areas. The petitioner is trying to preserve as
many of the significant trees as possible, with additional plantings around the perimeter of the
lot.
There are two dumpster enclosures behind the buildings, utilizing the same brick materials and
shingles that are used on the main building. There is additional landscaping within the parking
areas adjacent to the building to provide additional greenspace.
In an effort to minimize the amount of light along the rear of the building, (the western part) light
poles not exceeding 20 feet in height will be utilized. Also, rear, inside shields will be installed
on the three light fixtures to further dampen the effect of the light on the west side. At the
property line, the illumination should be at Zero. The fixtures will be shoebox, down lighting.
The overall design of the building is to keep it residential in character and consistent with the
commitment. The height of the building will not exceed 20 feet, red brick is the primary
material along with the beige EFIS material as an accent. Dimensional gray shingles will be
used that are very common in residential areas. Additional brick is being added along the front
facade to eliminate floor to ceiling glass area to the front elevation, again, trying to maintain a
residential character. The design of this building is also consistent with the buildings previously
approved for this commercial subdivision, i.e. the day care, the medical office building, and the
Osco store. The rooftop mechanical units will be fully screened.
The signage will consist of individual letters, backlit, one sign per tenant, white sign faces, and
will fit into a 4 foot, 8 inch panel for tenant signage. The size of the letters will not exceed 30
inches along the sign panel. Two ground signs are being proposed. One will be off the entrance
of Hazel Dell Parkway, just north of the roundabout; the other one will be located west of the
roundabout on 131 Street.
All issues raised by the Technical Advisory Committee have been resolved. The Plan
Commission has approved the architectural design, lighting, landscaping and signage for this
project. The permitted uses for this center were specifically approved by the Plan Commission
in 1995 in connection with the zoning commitment. As required by the B -3 District and as
required by the commitments, the particular uses need to be approved by the Board of Zoning
Appeals.
Members of the public were invited to speak in favor or opposition to this petition; no one
appeared and the public hearing was closed.
Department Report, Laurence Lillig. At its meeting on September 18, 2001, the Plan
Commission approved Docket 82 -01 ADLS for this project. All outstanding TAC concerns have
been addressed, and the Department is recommending favorable consideration of this petition.
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Michael Mohr moved for approval of SU- 95 -01, Hazel Dell Corner, Lot 4, seconded by Leo
Dierckman. APPROVED 4 -0
14h. J.C. Sipe Jewelers (UV- 96 -01)
Petitioner seeks a Use Variance of Section 6.1: Permitted Uses in order to establish a
jewelry store on 1.16± acres. The site is located at 9610 Day Drive. The site is zoned S-
2 /Residence.
Filed by E. Davis Coots of Coots Henke Wheeler for Sipe Family, LLC.
TABLED to October meeting
15h. WTF Sprint Spectrum (A- 97 -01)
Appellant (an Interested Party) wishes to appeal the decision of the Director regarding the
co- location 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.
Tabled
16h. Pike's Spring Mill Heights, Section 1, Lot 5 (V- 98 -01)
Petitioner seeks a Developmental Standards Variance of Section 6.4.3(B): Minimum Side
Yards in order to construct a house addition encroaching 5 feet into the minimum 10 -foot
side yard (5 -foot side yard). The site is located at 335 West 107 Street. The site is
zoned S -2 /Residence.
Filed by Darren Peterson of Peterson Architecture for Gary L. Denise Klett Lewis.
Darren Peterson, Peterson Architecture, 984 Logan Street, Noblesville, appeared before the
Commission representing the applicant. Homeowner Gary Lewis was also present.
The petitioner is seeking approval to construct a three -car garage that will encroach 5 feet into
the minimum, 10 -foot side yard. The existing gables and pitches will be matched, as well as the
brick colors and materials.
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, Laurence Lillig. The Department is recommending negative consideration
of this petition, since insufficient evidence has been represented to establish a practical difficulty
in the use of this property as a singe family residence.
Gary Lewis, homeowner, 335 West 107 Street, said the adjacent neighbors, the Noels, are in
agreement. Michelle and Jerry Noel have reviewed the plans and are comfortable with the
proposed addition.
A letter of non opposition from Jerry and Michelle Noell to Gary and Denise Lewis was
submitted.
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Leo Dierckman moved for approval of V- 98 -01, Pike's Spring Mill Heights, Section 1, Lot 5,
seconded by Pat Rice. APPROVED 4 -0.
17h. Merchants' Pointe, Lot 2 O'Charley's (V- 99 -01)
Petitioner seeks a Developmental Standards Variance of Section 25.7.02 -8(b): Number
Type in order to allow three (3) identification signs to be established. The site is located
at 2293 East 116 Street. The site is zoned B -8 /Business.
Filed by James J. Nelson of Nelson Frankenberger for O'Charley's, Inc.
Roy Williams of Edwards Hotchkiss, Architects, Brentwood, Tennessee, appeared before the
Board representing O'Charley's, petitioner. O'Charley's is located in the center of the three out
parcels on the front side of the development, along 116 Street.
O'Charley's is requesting a third identification sign. There are two signs on road frontage; one
on 116 Street, and one on Merchants' Pointe Drive through the development. The third sign
being requested is a ground- mounted sign and is designed according to Merchants' Pointe
guidelines -the brick base, the cap piece, detailed trim at the top —all has been coordinated with
the developer and with the other out parcel users.
Mr. Williams referred to the Department report and disagreed that the ground- mounted sign
would be redundant for the development. O'Charley's building is very clean and simple, and
one of the drawbacks is that it is not easily recognized; what accomplishes recognition is the
perimeter neon used as an architectural element in the design, and that was not allowed under
ADLS review.
Mr. Williams said the two building mounted signs, plus the ground sign, create a practical
difficulty in successfully using this parcel. The parcels on either side of O'Charley's are
considered to have three street frontages, since Merchants Pointe Drive curves and comes down
the side of these parcels. The proposed sign fits in with the order of the Merchants' Pointe site
design. It is believed that the additional sign will not have a negative impact on the public's
safety and welfare.
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.
Department Report, Laurence Lillig. The question of visual clutter is less pertinent than the
question of equity among various business owners. Allowing this business owner to establish a
greater number of signs than we would allow other businesses is the question. Practical
difficulty refers to the situation of a lot and not the number of signs.
The other lots will have signs on 116 Street; however, no other lot will require variances and
they are meeting the number of signs permitted to be established.
Pat Rice moved for the approval of V- 99 -01, O'Charley's, Lot 2, Merchants Pointe, seconded
by Michael Mohr. APPROVED 3 -1 (Michael Mohr)
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Note: Items 18 -22h and 23 -25h were heard together, and voted on separately.
18 -22h. Bauer Commercial UAG Honda (V- 100 -01; V- 101 -01; V- 102 -01; V- 103 -01;
V- 104 -01)
Petitioner
seeks the following Developmental Standards Variances of the Sign
Ordinance:
V- 100 -01
Section 25.7.02 -7(b): Number Type 5 Identification Signs
V- 101 -01
Section 25.7.02 -7(c): Maximum Sign Area 80- square -foot wall sign
V- 102 -01
Section 25.7.02 -7(c): Maximum Sign Area 52.57 -[d ground sign
V- 103 -01
Section 25.7.02 -7(c): Maximum Sign Area 72.33 -[d wall sign
V- 104 -01
Section 25.7.02 -7(d): Maximum Height of Ground Sign 8' 9" sign
The site is located at 4100 East 96 Street. The site is zoned B -3 /Business.
Filed by Charles D. Frankenberger of Nelson Frankenberger for Dan Young Motors.
Note: Laurence Lillig reported that V- 103 -01 was amended to a 105 square foot wall sign rather
than the 72.33 square foot sign.
23 -25h. Bauer Commercial UAG Honda (V- 105 -01; V- 106 -01; V- 107 -01)
Petitioner seeks the following Developmental Standards Variances of the Sign
Ordinance:
V- 105 -01 Section 25.7.02 -7(b): Number Type 5 Identification Signs
V- 106 -01 Section 25.7.02 -7(c): Maximum Sign Area 52.57 -[d ground sign
V- 107 -01 Section 25.7.02 -7(d): Maximum Height of Ground Sign 8' 9" sign
The site is located at 4140 East 96 Street. The site is zoned B -3 /Business.
Filed by Charles D. Frankenberger of Nelson Frankenberger for Dan Young Motors.
Jim Shinaver, attorney with Nelson Frankenberger, appeared before the Board representing the
petitioner. Sign variances are being requested for buildings located at 4100 East 96 Street and
4140 East 96 Street, north of 96 Street and east of Lakeshore Drive. Al Young, president of
Dan Young Motors, and Chuck Kotterman, architect, were also present.
The petitioner has officially withdrawn Docket No. V- 104 -01 and V- 107 -01, inasmuch as those
variances relate to the height of the proposed ground sign. Since the height of the proposed
ground sign has been decreased, these two variances are no longer necessary.
Jim Shinaver explained the location of the ground sign at the western corner near the intersection
of Lake Shore Drive and 96 Street. Three wall identification signs are being requested on the
south elevation of Building 91 (4100 East 96 Street) and one wall identification sign on the
western elevation of Building 91. The first sign is essentially the "Honda" logo, 80 square feet
in size; the "H" will be blue in color, and the border will be blue —the background will remain
the white EFIS that already exists. The sign will be internally illuminated.
The "Pre- Owned" sign will be 20.25 square feet; the letters will be blue, internally illuminated.
To the right of the "H" is the "Certified" sign, 18 square feet, blue lettering, and internally
illuminated.
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The west elevation for Building 91 is the location for the proposed "Paint" and "Body Shop"
entrance signs. The variance for this particular sign has been amended to provide for a sign 105
square feet in size. The lettering will be blue and internally illuminated.
The only variance request for signage on Building 42 (4140 East 96 Street) is for a ground sign
at the property dividing line between Buildings 1 and #2.
The proposed ground sign for Building #1 is located near the intersection of 96 Street and
Lakeshore Drive. The sign, including the base, is 8 feet in height, 7.3 inches in width. The
background of the sign will be blue, and all other lettering aspects of the sign, including the logo,
will be white. The sign will also be internally illuminated. The square footage of the sign,
including the base, is 58 square feet—excluding the base the total square area of the sign is 52.57
square feet in size.
The ground sign for Building 92 has a blue background with the white "goalpost" Honda logo,
border, and lettering. This sign is exactly the same as the proposed ground sign for Building 91.
The purpose of the ground signs is to provide the advertising information as to the businesses
that exist on these two sites. The ground signs are also designed to provide directional
information for traffic safety. The ground signs being proposed are also designed to provide
some traffic safety —they allow drivers to see the location and advance notice to utilize the
proper entrances to either site. The other safety factor associated with the ground signs is that
they can help limit the unnecessary automobile traffic between the two buildings. There is a
significant amount of pedestrian traffic on a car dealership lot, both with customers and sales
staff, and ground sign clearly defining the entrances to the buildings would eliminate cross traffic
between the two buildings.
Members of the public were invited to speak in favor or opposition to the petitions; no one
appeared and the public hearing was closed.
Department Report, Laurence Lillig. Regarding Docket Nos. V- 100 -01 through V- 103 -01, the
Department is recommending favorable consideration of V- 100 -01 only up to three signs. The
Department is recommending that the petitioner combine two of the three signs on the south
facade of the building into a single, 90 square foot sign and eliminate the third sign. With this
accomplished, the total number of signs for the site would be three, the maximum allowed a
single tenant that is not a special use. This particular site has frontage on three sites: East 96
Street, Lakeshore Drive, and Bauer Drive.
In regard to Docket No. V- 101 -01 for a sign area of up to 80 square feet, the Department is
recommending favorable consideration for 90 square feet in order to allow the petitioner to
combine two of the signs on the south facade into a single sign.
Regarding Docket No. V- 102 -01 for the square footage of the ground sign, the Department is
recommending favorable consideration, since it is within the allowable square footage for a sign
in that position per the Sign Chart. Similarly, the Department is recommending favorable
consideration of Docket No. V- 103 -01 for a 105 square foot wall identification sign on the west
facade of the building, since that would also meet the size requirement for a sign in that position
for a single tenant building.
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In regard to Building #2 at 4140 East 96 Street, the Department is recommending negative
consideration of Docket No. V- 105 -01 which is the request to allow five identification signs.
There is already an existing approval on this site that allows the petitioner to have four
identification signs. It is the Department's position that four identification signs for this property
are more than adequate. However, the Department is suggesting the following: In exchange for
the variance to allow the ground sign, one of the existing, four identification signs be removed;
Instead of increasing the number of signs allowed on this site, the petitioner be held to the four
signs currently allowed; and that the ground sign be substituted for one of the four. The
Department is recommending favorable consideration for the square footage of the ground sign
in that event. If the question is increasing the number of signs to five, the Department
recommends negative consideration of the sign altogether.
The Department recommends the following signs: On the west facade, the paint and body shop
sign; on the south facade, the Honda logo with either "Certified" or "Pre- Owned" as a single
sign; and the ground sign.
If 105 -00 is denied, the situation would be, either they keep the package they have, or they
remove one of the four currently on site.
Pat Rice thought the Board permitted signage far in excess of what should have been permitted
in the first place by approving the blue background on the Honda sign. Ms. Rice said she was
disappointed that the petitioner did not bring in the building as it is now, because what is before
the Board is not an accurate representation of the buildings. It was argued that the logo was a
sign on the Honda building, but it pales in comparison to the frontage on the building. There is
no way anyone would miss the building. Ms. Rice asked Mr. Shinaver if his client would
consider doing the same kind of sign for the Honda building, getting rid of all of the blue which
really constitutes a huge sign, then the ground sign would seem more in order. Otherwise, it is
just "blue clutter" everywhere! It is obvious that the blue is part of the sign on the building, and
the Board inadvertently permitted it.
Chuck Kotterman addressed the Board, saying he was not aware of anything in the logo
identification program for Honda that would have a white background with the blue "Honda
goalpost."
Chuck Weinkauf offered the petitioner an opportunity to voluntarily table and return next month
with a plan that might conform.
The Board then voted unanimously to continue items 18h through 22h and 23h and 24h to the
end of the meeting to allow Mr. Shinaver an opportunity to confer with his client.
Jim Shinaver requested the following Dockets be Withdrawn: V- 105 -01 and V- 106 -01,
identified as Agenda Items 23 through 25h. These Dockets pertain to the ground signs for
building 92. V- 100 -01, relating to the number of identification signs requested for building #1,
is being amended to three signs rather than five signs. These three signs will be accomplished
as follows: a) Removing the "Pre- Owned" sign; b) Re- locating the "Certified" sign underneath
the Honda logo, as recommended in the Department Report, and c) Increasing the area of the
sign from 80 square feet to 90 square feet.
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In regard to the ground sign, identified as Docket No. V- 102 -01, the sign reference will be
changed from "Pre- Owned" to "Certified," but the size and dimension of the size will remain the
same as well as the color of the sign.
Permission is requested to re- locate the ground sign for building #2 a little farther east so that it
is closer to the front of the building. There are future considerations for increasing the right -of-
way for 96 Street to 75 feet per one -half, and if that occurs, a portion of the sign would be
within the 75' right -of -way. If the 75 feet of right -of -way for 96 Street becomes reality, the
ground sign would be relocated at the petitioner's expense. A written commitment
confirming the possible re- location of the ground sign will be submitted to the Department.
The maximum height of the ground sign is 8'0
Leo Dierckman moved for the approval of V- 100 -01 as amended, to provide for three (3)
identification signs for building 91, seconded by Michael Mohr. APPROVED 4 -0.
Leo Dierckman moved for the approval of V- 101 -01 as amended, to provide for a 90 square feet
wall sign, seconded by Michael Mohr. APPROVED 4 -0.
Leo Dierckman moved for the approval of V- 102 -01 as amended, to provide for a 52.57 square
foot ground sign, re- located slightly farther to the east, and changed from pre -owned to
"Certified," seconded by Michael Mohr APPROVED 3 -1 (Pat Rice).
Michael Mohr moved for the approval of V- 103 -01, a 105 square foot wall identification sign,
"Paint and Body Shop," seconded by Leo Dierckman. APPROVED 4 -0.
I. Old Business.
Ii. This Item Currently Tabled Pending Action by the City Council.
Lakes at Hazel Dell, Section 1, Common Area 3 (SUA- 63 -01)
Petitioner seeks to amend Commitment 2(B) (lifeguard) of Instrument No. 199909969620
relating to the Special Use approval granted for the Lakes at Hazel Dell Amenity Area
under Docket No. SU- 37 -99. The site is located at 12474 Dellfield Boulevard West. The
site is zoned S -1 /Residence Low Density.
Filed by Joseph M. Scimia of Baker Daniels for Zaring Premier Homes.
2i. East 96 Street Auto Park, Lots 1, 3 Tom Wood Volkswagen (SU- 75 -01)
Petitioner seeks Special Use Amendment approval in order to establish an automobile
dealership. The site is located at 4610 East 96 Street. The site is zoned B -3 /Business.
Filed by Lawrence E. Lawhead of Barnes Thornburg for Tom Wood Nissan.
Lawrence Lawhead, 13199 Ditch Road, Carmel, attorney with Barnes Thornburg appeared
before the Board representing the petitioner. Also in attendance was Tom Engle of Barnes
Thornburg.
The proposed facility is designed for an upscale, Volkswagen, sales and service facility. The
property is part of the 96 Street auto mall in the B -3 Zoning Classification. The auto mall is
comprised of three lots: Lots 1, 2, and 3. Lots I and 3 are owned by an LLC by Tom Wood. As
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a part of that, lot 1 came through the Board of Zoning Appeals last summer and fall. Lot 1 is
actually divided into two portions: the southern portion, the former Lexus site, and a portion
labeled "future development." The overall site was approved for automotive sales last year and
at this time, the petitioner is requesting approval of the northern portion of lot I and a small
portion of lot 3 for the new Volkswagen dealership. The property is approximately one mile east
of Keystone Avenue.
Last summer, the Special Study Committee of the Carmel Plan Commission reviewed the overall
plan. Several agreements were reached regarding color and types of material. The yellow colors
have been muted and are softer; the front of the building contains yellow striping.
The petitioner is currently in discussions with Volkswagen regarding the signage issue. It may
well be that the petitioner will return to the Board to amend the request or possibly obtain a
variance. More time is needed to deal with the corporate office to bring all of the issues together.
From a construction standpoint, signage is one of the last items to be dealt with and this is
workable.
The lighting for the site will be by flat lens rather than drop lens to reduce the glare. All
perimeter lighting will have flat lens and glare shields. The lighting, as proposed, is in
compliance with the Ordinance for Mr. Woods' ownership of lots 1 and 3. Lighting will be cut
off at the roof line; no spotlights, uniform and diffused. The walls of the building will be split
face block, light gray. The dumpster enclosure is also light gray in color, same materials as the
split -face block.
The landscaping plan has been revised to reflect a more diverse species list as a result of
meetings with Scott Brewer, Urban Forester. All of the landscaping on lot 3 has been retained.
On lot 2, the landscaping has been moved in order to accommodate concerns of property owners
to the northwest of the site. Some trees have been added to the west side of the site, and that
species has been changed from a White Fir to a Burr Oak. Also, some shrubbery was moved to
the northwest along the boundary line between lots 1 and 3. All of the proposed landscaping on
the plan last year is being incorporated into the current plan, but in different, better locations.
In addition, along the landscape buffer on lot 3 along the west boundary line, 5 additional trees
have been added.
Mr. Lawhead asked to orally amend the landscape plan as follows: The Redbud and Burr Oak
are labeled by height —this should have been done by the tree trunk diameter, by calipers. The
Burr Oak is 2 inch caliper, the Redbud is 1 '/2 inch to 1 3 /4 inch caliper.
The findings of fact, department of report, and handouts are incorporated into the file by
reference.
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 Concerns, Laurence Lillig. There are one or two points for clarification. The
landscape plan was to have been revised and a final plan submitted to the Department. Mr.
Lawhead said the revised plan was delivered to Scott Brewer, and that is where the issue of the
caliper of the trees came into question. Laurence Lillig is requiring the additional revision be
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submitted to the Department. Also, the signage was in question. Mr. Lawhead responded that
the petitioner will return to the Board for all signage at a future date.
Laurence Lillig said the Special Study Committee had addressed the spotlights on the front
facade that illuminate the Volkswagen logo —these were to cut off at the roof line. Mr. Lawhead
responded that the lighting was to be cut off at the top of the building, and the petitioner had
agreed.
Department Recommendation, Laurence Lillig. The Department is recommending favorable
consideration of this petition subject to the receipt of revised plans that address the concerns of
the department.
Pat Rice complimented the petitioner in working with the Committee and being receptive to
making changes in the plans; the outcome has been a very positive conclusion.
Leo Dierckman moved for approval of SU- 75 -01, East 96" Street Auto Park, Lots 1, 3, Tom
Wood Volkswagen, seconded by Pat Rice, APPROVED 4 -0.
At this time, the Board returned to Items 18 -22h and 23 -25h, Bauer Commercial UAG Honda.
There being no further business to come before the Board, the meeting was adjourned at 9:20
PM.
Charles W. Weinkauf, President
Ramona Hancock, Secretary
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