HomeMy WebLinkAboutMinutes BZA 11-27-00CITY OF CARMEL AND CLAY TOWNSHIP
BOARD OF ZONING APPEALS
November 27, 2000
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 November 27, 2000.
Members present: Leo Dierckman (late arrival), Michael Mohr, Earlene Plavchak, Pat
Rice, and Charles Weinkauf, thereby constituting a quorum.
F. Legal Counsel Report:
John Molitor announced for the record that there was a brief executive session
prior to this meeting, at which time the only item under discussion was pending litigation.
There have been motions filed by the Kingswood Homeowners Association and in a prior
case, there is a hearing scheduled on December 15 for the Board's Motion to Dismiss.
There are no further developments in any other cases that are pending.
Mr. Weinkauf gave instructions to the public regarding keeping ingress and egress points
clear and for any speakers, limiting remarks so that they do not become redundant.
G. Reports, Announcements and Staff Concerns:
Steve Engelking announed a mini training session for the Board on December 4th
6 PM to 8 PM in the Caucus Rooms.
The December meeting has been changed to January 8, 2001 at 7:00 PM in the
Chambers.
The following items have been tabled for this evening's meeting:
Item I for the Lattice Communications Telecommunications Tower (5E- 114 -00)
has been tabled.
Items 2h -IOh, all dealing with Lakes at Hazel Dell projects, have been tabled.
Items 12h -16h, sign variances have been tabled at the request of the Plan
Commission. The Special Use (SU 179 -00) is the only item for Wendy's that will
be discussed this evening.
Under 17h 28h, all of the sign variances are tabled, due to ADLS issues under
review at the Plan Commission level. The Special Use (SU 184 -00) is the only
Walgreens item that will be heard here this evening.
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Item 35h -42h, Hazel Dell Corner Lot 1, has been requested to be tabled until
January 8, 2001.
Item 45h, Brooks Landing at Prairie View, Section 1, Lot 16, has been withdrawn
by the petitioner.
Item 8i, under Old Business: Lakes at Hazel Dell, Section 1, Common Area 3, is
being tabled to the January 8 meeting.
The Chairman announced that at the October meeting, the petitioner was asked to
take a particular item under Item 9i Old Business back to TAC, and in doing so
was promised by this Chair they would be the first item to be heard at the
November meeting. There being no objection, this change in agenda order will
ensue.
I. Old Business
9i 96 Street Office Campus (UV- 176 -00)
Petitioner seeks approval of a Use Variance of Section 6.1: Permitted Uses
to permit financial institutions, general office and /or professional office
uses on 6.05 acres. The site is located on the northwest corner of East
96 Street and Day Drive. The site is zoned S -2 /residence.
Filed by Charles D. Frankenberger of Nelson Frankenberger for Paragus
Partners 1.
The public hearing was presented at the October meeting; however, since two board
members were not present that evening, request has been made to present the public
hearing again.
Charlie Frankenberger, 4983 St. Charles Place, Carmel, IN spoke for the applicant,
Paragus. Also present on behalf of the applicant are Gary Ritz and Michael Manse.
The subject real estate is a 4.89 acre, rectangular parcel. The real estate is north of the
96 Street corridor and west of Keystone Avenue. Originally the request included an
additional parcel of .87 acres. In light of that deletion, the petitioner was asked to return
to TAC and that has been accomplished. The real estate is S -2, but the character of the
surrounding real estate in the area of Keystone /96 Street has changed to one that is
commercially prolific. A review of surrounding uses shows that east of the site are the
Tom Wood Lexus and Tom Wood Ford dealerships. To the south of 96 Street, in
Marion County is a gas station, a strip center, a liquor store, a fast -food restaurant, office
buildings, and other commercial uses. To the west of the site are an engineering office and
a dental office, both of which exist by previously granted use variances. These uses, like
the proposed use, are consistent with the Comprehensive Plan, which for this area,
suggests residential and medium to high intensity regional commercial.
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By way of background, on May 27, 1997, a use variance was approved for this very same
site for the Finance Center Federal Credit Union. Then, as now, a use variance was legally
appropriate and acceptable to the residential neighbors. Then, as now, commitments for
substantial greenbelt buffers exist. Because of changes in federal laws limiting the number
of members that a credit union can have, the finance center decided it could not expand to
this site, and therefore could not utilize its use variance.
Paragus wants to develop the real estate in a manner that responds to the change in
circumstance, but is also considerate to its residential neighbors. They have worked
closely with the neighbors and honored their request to pursue a use variance rather than a
rezone, and they have incorporated substantial buffers and provided transition or step
down between the residential and higher intensity commercial uses.
The neighbors prefer a use variance to a rezone because it permits limited exceptions to
the existing underlying zoning, without changing the underlying zoning. The use variance
is consistent with other variances issued in this area. The granting of variances is
expressly authorized by state statute, and has been upheld by the Indiana Supreme Court.
The plan provides transition between residential and higher intensity commercial uses. A
buffer of 100 feet will be at the north, south of which will be a pond. On the east and west
will be twin 40 -foot buffers that will taper to 30 feet as you move south of the residential
adjoiners. 1.45 acres (30% of the site) is in the form of greenbelt buffers. If the retention
and detention areas are included, 1.82 (38% of site) remains undeveloped by roads and
buildings. The developable portion of the site is very much compressed by external
influences.
Paragus is requesting limited flexibility in size, height, and building appearance. There are
four footprints. The number of buildings will not exceed five. The reasons for four
buildings being shown is that the one footprint of 10,000 square feet, may later be
developed as two buildings rather than one. The footprints will not exceed 3,000 square
feet at this location; 5,000 at another location, 7,500, and the 10,000 size at the fourth
site.
Buildings will be one story. By varying the number and location of porches, they hope to
achieve architectural compatibility without the monotony of architectural identity in the
office park. There are four porch alternatives shown in the exhibit. The front, back, and
sides of the buildings will remain the same, aside from the variation in porches.
The Department recommended not ruling out the possibility of two -story buildings, so a
rendering of a two -story building was shown, again with the option of varying porches, in
size and number.
The entrance sign, framed by an attractive masonry monument, was shown, and the trash
enclosures will be enclosed by masonry structures. The lighting fixture is a shoebox style
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with a recessed mold. Mr. Kassenbaum, a nearby neighbor who is also an electrical
engineer, has reviewed the lighting plan and fixtures and found it to be acceptable.
Since the last meeting two changes have been made. First is the commitment for the
installation of a multi -use path along 96 Street, at the request of the Carmel/Clay Parks
Dept. Second, as a result of meetings between Gary Ritz of Paragus, David Klauba,
Landscape Architect, and Scott Brewer, Urban Forester, the landscape plan shows the
addition of 65 redbuds, 10 red jewel crab apples, 2 honey locust, and 6 Colorado blue
spruce. Also, Paragus has agreed to either reforest or make a commensurate contribution
to the Parks Department for reforestation.
Members of the public were invited to speak in favor of the petition.
John Kassenbaum, 2503 Pleasant Way West Drive, located immediately west of the
proposed development, appeared. In 1988 he spoke to the Plan Commission on behalf of
450 residents with reference to a rezone request for this property. Paragus has worked
closely with Mr. Kassenbaum as a liaison with the neighbors. He stated that this is a
classic case for a use variance, since residences exist on the north, west, and east sides of
the parcel. Approval of a variance will be consistent with the variance previously granted
for this property. Careful detail has been given to the architecture, location, buffers, and
landscaping. This proposed low- intensity development will be consistent with the intent of
the Comprehensive Plan. Approval of the variance for this development would be an
answer to the prayers of the adjoining property owners he represents, and would lessen
their concerns about deterioration of property values. Any effort to rezone this property
would not be acceptable to the neighbors.
Members of the public were invited to speak in opposition to the petition. None appeared.
Department Report: Mr. Engelking explained there are many worthy points to this
project, and he commends the cooperation between the petitioner, various entities, and
neighbors. The specific aspects of the buffer, the cooperation with the Parks Dept., etc.
all work to the favor of the development.
Mrs. Plavchek asked which buildings might be two -story or could any of them be two
stories and would it exceed the maximum square footage as previously indicated. Mr.
Frankenberger said under no circumstances would he pad exceed the maximum square
footage shown on the site plan. Most likely, the two largest buildings would become two
stories. These are the 10,000 foot paid and the 7500 foot pad.
Gary Ritz said the square footage of office space is limited by the parking spaces.
Steve Fehribach of A &F Engineering said there will be one access point onto 96 Street.
The roadway already starts to widen there and provides for a passing blister. There may
need to be some additional right -turn lane into the driveway; this will all be done in the
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permit process with Hamilton County Highway, since Hamilton County controls the
roadway.
Charlie Frankenberger stated that the legal description to which the variance applies
corresponds to parcel 1, 4.89 acres and is attached as an Exhibit to the application.
The public hearing was then closed.
Michael Mohr moved for the approval of UV- 176 -00, Paragus Partners, seconded by
Earlene Plavchak. The motion carried by a vote of 4 in favor, 0 opposed. APPROVED
G. Public Hearing
I lh. Richard L. Hayes Luxury Two -Story Condominiums, Block A2 (SU
186 -00)
Petitioner seeks Special use approval in order to establish an automobile
sales and service facility for World Wide Motors on 1.65 acres. The site
is located at 3774 Bauer Drive West. The site is zoned B- 3/business.
Filed by James J. Nelson of Nelson Frankenberger for C &G Realty.
Mr. Jim Nelson, 3663 Brumley Way, Carmel, spoke on behalf of World Wide Motors and
the Indiana Basketball Academy. World Wide Motors, the Mercedes Automobile
dealership of Horst Winkler, has agreed to purchase a part of the real estate owned by the
Indiana Basketball Academy in Bauer Commercial Park. The parcel is 1.5 acres in size
with a common address of 3774 Bauer Drive West. The aerial photograph identifies East
96 Street and the two intersections formed by Marie Drive and Lakeshore Drive East.
Abutting E. 96 Street is the existing World Wide Motors auto dealership with a common
address of 3900 East 96 Street. To the north is a development known as Bauer
Commercial Park. The northern most street in that area is Bauer Drive West, which
presently houses a self storage facility and the Indiana Basketball Academy. The site
under consideration is located between the Academy and the self storage facility and was
originally planned as and approved as an area of expansion for the Indiana Basketball
Academy. The decision of Mr. Abernathy now is to sell this parcel to World Wide
Motors. The parcel is zoned B- 3/business as is all other parcels in Bauer Commercial
Park and as such, all uses are special uses.
The petitioner is seeking approval to construct a single, one -story building, to be used in
conjunction with World Wide Motors as a new car preparation area. New cars would be
received, cleaned, and made ready for delivery to customers, or placement on the
showroom floor at the 96 Street location. The building will be low profile as to both the
building and the use, and will not exceed 20 feet in height and 7,500 square feet in size.
There will be six employees, no signage, and no lighting in the parking area. The building
materials will be textured block and painted blue /gray. These are the same materials and
colors that currently exist as the most recently approved addition to World Wide Motors
on 96 Street. There is a single point of access from West 96 Street that will be shared
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with the Indiana Basketball Academy, thereby utilizing an existing cut. The area around
the building will be paved and curbed, as required. It will not be lighted and will be used
for the parking of motor vehicles.
Substantial landscaping exists. On the north end of the site, between the building and the
homes abutting East 98 Street, there exists 15 mature pine trees, all over 20 feet in height
that are staggered for maximum screening. There are also deciduous trees and substantial
undergrowth. At the request of Scott Brewer, the Urban Forester, the petitioner is
providing street trees and some plantings within the islands in the parking area, and
foundation plantings around the building.
The project meets all requirements of the B- 3/business district, so no variances are
requested. The use and the building are consistent with the buildings and architectural
design now existing in Bauer Park.
Members of the public were invited to speak either in favor or in opposition to the
development; none appeared.
Mr. Engelking reported the Department has no outstanding issues, and therefore
recommends favorable consideration of the petition.
The public hearing was closed.
Earlene Plavchak moved for the approval of SU- 186 -00, Richard L. Hayes Luxury
Two -Story Condominiums, seconded by Pat Rice. APPROVED 4 -0
12h. SU- 179 -00 West Carmel Center, Block A Wendy's
Petitioner seeks Special Use approval to establish a fast food restaurant for
Wendy's. The site is located at 10585 North Michigan Road. The site is
zoned B- 3/business and is located within the US 421 Overlay Zone. The
petitioner also seeks variances of the Sign Ordinance.
Filed by Kevin D. McKasson of Glendale Partners
Mr. Dave Coots, 255 East Carmel Drive, Carmel appeared for the petitioner. The entire
tract tract was approved in March, 1999 when the shopping center for the southeast
corner of 106 and 421 (Michigan Road) was considered. The center was approved at
that time; however, the original approval did not include a pharmacy or a fast -food
restaurant.
Members of the public were invited to speak in favor of the petition. None appeared.
Members of the public were invited to speak in opposition to the petition. The following
appeared:
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Caroline Huskey, 10815 Weston Drive, Carmel appeared. She lives almost behind this
parcel. She feels there is no need for a fast food restaurant. Traffic is atrocious as it is.
Access concerns her.
By way of rebuttal, Mr. Coots said the original site plan provided a combined point off of
421 to be shared by both this site and Walgreens. The newly installed mall drive west of
the existing center will also provide access to 106 Street. In terms of need, it is a
contemplated use for property zoned B -3.
Mr. Engelking reported the Department recommends favorable consideration of the
Special Use request.
The public hearing was then closed.
Earlene Plavechak moved for the approval of Docket No. SU- 179 -00, seconded by Pat
Rice. The motion carried with a vote of 4 in favor, 0 opposed. APPROVED
17h. West Carmel Center, Block A Walgreens (SU- 184 -00)
Petitioner seeks Special Use approval to establish a pharmacy for
Walgreens. The site is located at 10595 North Michigan Road. The site is
zoned B- 3/business and is located within the US 421 Overlay Zone. The
petitioner also seeks variances of the Sign Ordinance.
Filed by Kevin D. McKasson of Glendale Partners.
Dave Coots, 255 E. Carmel Drive, advised this building is partially constructed.
Originally, the Walgreens store was approved in March of 1999.
Members of the public were invited to speak in favor of the petition; no one appeared.
Members of the public were invited to speak in opposition to the petition. The following
appeared:
William A. McRay, 3846 Cornwallis Lane, asked about this project being "tagged" by the
city for a stop work order. Mr. Engelking explained that construction was stopped
because of non adherence to the Development plan approved by the Plan Commission.
The petitioner then appeared before the Plan Commission with an amended plan. During
this time, perimeter construction of parking lots and curbs was allowed to continue
through the winter. All construction can proceed once revised construction plans are
presented to the Permits office and approved by that entity. The amended plans were
found to be acceptable by the Plan Commission.
Mr. McRay expressed displeasure with the developer trying to pull a fast one, and that the
developer should be required to follow the originally approved plans.
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Mr. Coots assured everyone that the revisions are not a cost cutting procedure, nor was it
a case of trying to deceive. The building will comply with original drawings re: roof line,
windows, and other Federalist style requirements.
The Department recommends favorable consideration of the petition.
Michael Moore moved for the approval of SU- 184 -00, West Carmel Center, Block A
Walgreens, seconded by Earlene Plavchak. Motion APPROVED 4 in favor, 0 opposed.
Leo Dierckman joined the meeting at this point.
After a five minute recess, the meeting resumed.
29h. Town Centre West PUD (V- 187 -00)
Petitioner seeks approval of a Developmental Standards Variance of
Section 31.6.4(1) in order to establish a Planned Unit Development west of
Spring Mill Road on 34.825 acres. The site is located in the 11000 block
of North Michigan Road. The site is zoned S -1 /residence within the US
421/Michigan Road Overlay Zone.
Filed by Paul G. Reis of the Reis Law Firm for American Village
Properties.
Paul Reis, The Reis Law Firm, 12358 Hancock Street, Carmel, represented the petitioner,
along with Mike Speedy, Managing Member of American Village Properties, and Mark
Monroe, Land Use Planner and Law Clerk.
Under the current ordinance, Planned Unit Developments are not to be considered west of
Spring Mill Road in Clay Township.
Mike Speedy introduced himself to the Board; he has worked with Buckingham
Companies and Gibraltar Properties, and seeks to develop land that has plan
characteristics that are timeless and that take on qualities in keeping with pre -World War
II. This project is consistent with the Comprehensive Plan in that it is a mixed -use
proposal with a traditional neighborhood flair.
Primary access to this proposed project would be from Michigan Road; Altum's is next to
it. In planning this proposal, Mr. Speedy worked with Looney Ricks Kiss, Architects,
Memphis, Tennessee, nationally recognized for its Harbor Town in Memphis, as well as
other urban developments. An attempt was made to balance the site size and dimension
with the comprehensive plan and the Michigan Road Overlay Zone. The result is a plan
Mr. Speedy feels is well designed, and that it needs a PUD to capture its full character.
The site plan can be divided into three different zones; commercial zone, mixed -use, and a
residential area. The site plan could also be divided into an automobile zone toward
Michigan Road. There would be architectural requirements for each zone.
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Several features in the architecture will be a recurring theme throughout the PUD:
Federalistic gables /chimneys, as well as dormers, the pattern and placement of the
windows, and a two -story facade. A PUD would help facilitate working with having the
architectural guideline in place, but also with other images. The mixed -use area provides
both transition in use and time. The buildings have been arranged in a way that recreates a
traditional streetscape. The design a accommodates retail space on the first floor, as well
as residential use above, multi family and including loft apartments on the top floor. At
both ends of the development, textured pavement will slow traffic and have a calming
effect; there will also be 45 degree parking.
The buildings are highly unique, multi -sided and multi- faceted. Because of the multi-
use /multi- faceted features, one single zoning designation does not fit; hence, the request
for a PUD. This is innovative and would add community character to the Corridor.
The Village Green is a green area, landscaped with a very appealing effect. It is
surrounded with parallel parking, which slows traffic and encourages pedestrian traffic.
The Village Green, Clubhouse, and water features, along with the extensive sidewalk plan
and textured pavement are designed to draw people to the center area for interaction, to
the pool, volleyball, etc.
The Clubhouse anchors the boulevard and the Village Green, and has a two -story facade.
This has a civic look, common, institutional courthouse aspect, and will house business,
leasing offices, and a community room. The extensive use of brick is very upscale.
Larger residential buildings surround this center area, and have similar architectural
features from the Federalistic gables, chimneys, six foot windows, and the same pattern in
retail, plus the dormers -all upscale features.
One more ring out will be smaller residential buildings. It has the same characteristics
with the architecture, only smaller buildings. The exterior calls for a cement fiber siding of
a noncombustible type resembling wood, with low maintenance. There is a two -story
version of this building along the southern and eastern perimeters, with the same
architectural elements. It is similar and compatible with the traditional and Early
American architecture in the Villages of Weston community and other homes and
businesses within the Overlay Zone. This building, along with the landscape buffer, tree
preservation plan and the lack of vehicular connection with the adjoining neighborhood all
work together not to injure the use or value of the neighborhood adjacent to the area.
These would have the upgraded cement fiber on the siding.
In conclusion, the integral, architectural theme, the neo- traditional land planning, the mix
of residential above retail uses, and coordination of building materials necessitate the need
for a PUD Ordinance. The petitioner believes the resulting development has a strength
and character and usefulness to the community that is greater than the sum of the
individual parts that any other zoning or development scenario would bring to the
community. The petitioner is requesting approval at this time for the Variance.
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Paul Reis said the approval of this variance would not mean the board approves of the
development, or that it approves the adoption of a PUD ordinance for the site. The
variance is specific to this site only, and is not intended to suggest the appropriateness of
consideration of a PUD ordinance anywhere else on any other parcel of real estate west of
Springmill Road in Clay Township. The petitioner feels that due to the location and
physical dimensions of the site, a PUD would offer a vehicle to preserve the use and value
of the adjacent properties, and would be of benefit and general welfare of the community.
If we do not use a PUD, we may run into significant practical difficulties in trying to
integrate some of the features in the retail (permitted along 42 1) as we move east toward
the adjacent residential area.
Members of the public were invited to speak in favor of the petition. None appeared.
Members of the public were invited to speak in opposition; the following appeared:
James Lipe, 3824 Vanguard Circle, Carmel, along with Stephanie Veach, spoke on behalf
of the board of directors of the Weston Community Homeowners Association. The Board
of Directors of the West Community Homeowners Association was also in attendance.
They Weston neighbors feel the proposed mixed -use development would have an adverse
effect on not only the twenty -plus homes that would abut this development, but the entire
community. A significant number of homeowners have signed a petition in opposition,
and the petition was presented to the Board this evening. Several reasons for denying the
variance were stated, including interference with the Carmel/Clay Comprehensive Plan and
its stipulation that proper transition be provided from low density to higher classifications.
Reference was also made to a letter from Mayor Brainard to the BZA last month
concerning consistency and careful application of the zoning laws; if exceptions are always
granted, our zoning plans will become useless. The PUD under consideration would have
15 developed units per acre, while the density of the Westons has 2.0 units per acre. That,
along with scale of design, does not meet requirements for neighborhood stability, even
for a transition between residential to a neighborhood commercial project allowed along
421. Residents relied on the intent of the comprehensive plan when considering a
purchase in the Weston community.
The use and value of adjacent properties will be affected by reducing their privacy. The
proposed buffer is inadequate against 55 foot tall buildings, and the buildings would look
directly into the yards of adjacent homes. The buffer includes only a sparse number of
deciduous trees that only have leaves 6 months of the year. The buffer also includes
incomplete sections of wooden fencing and landscape berms that are small in height. In
addition, the cement fiberboard proposed on some buildings would aesthetically have an
adverse effect; it is in conflict with the Michigan Road Overlay Ordinance, and would
certainly adversely affect property values.
The Weston Homeowners Association commissioned Nick Tillema, an Indiana Certified
General Appraiser, to determine possible impact on their property values, which to date
have increased in value each year. His determination was that adjoining property values
would suffer an immediate decrease 7.5% in value if the proposed development is
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permitted. Mr. Tolema predicted an estimated monetary loss of $285,000 to the twenty
two homeowners immediately abutting the high density mixed -used development
proposal.
Stephanie Veach, 3832 Constitution Drive, continued with the list of statutory
requirements started by Mr. Lipe. The property would not bear an unusual or unnecessary
hardship by denial of the variance. In accordance with the Michigan Road Overlay, the
first 400 feet must be developed commercially, which is in this proposal. However, the
proposal also includes a use prohibited by Ordinance Z -335; namely, consideration of a
mixed -use development or PUD west of Spring Mill Road. Ms. Veach suggests there are
at least 62 ways the property could be developed without violating the ordinance, thereby
denial of the variance would not constitute a burden or hardship on the petitioner. In
addition, the petitioner could seek approval for this same development on the 23 acres of
available land adjacent to the parcel in question, which is not under the jurisdiction of Z-
335. That property does not abut residential homes.
The need for this variance does not arise from some condition peculiar to this property,
and if the board felt a PUD was appropriate for the property, this particular proposal is
not the one that should be considered. The high density of this proposal makes it
unacceptable. The proper buffer and transition between the low density Weston
community and the commercial development abutting Michigan Road would be low or
medium intensity single family (3.0 to 5.0 developed units per acre) or even a high density
residential proposal with substantially fewer units per acre, such as condominium or town
homes with 5 developed units per acre.
The granting of the variance would injuriously affect the health, safety, morals, and the
general welfare of the community. New traffic volumes would impact the already busy
Michigan Road, and the intersecting 106 and 116th Street area. Ted Andrews, registered
professional engineer, reviewed the traffic impact study prepared for AVP, and the
Institute of Traffic Engineers TRIP manual, and determined the proposed development
would generate 7,696 external trips per day. Impact would also be affected by the timing
of the proposed improvements to 421, and from other developments along this corridor.
The Hamilton County Highway Department also would require maintenance of an
easement (per letter dated 10/16/2000) between the proposed development and the
Weston community, and while no connection between the two would be contemplated,
future needs remain unclear, and could propose another danger to their community.
Homeowners count on the City of Carmel to enforce statutory requirements, and Ms.
Veach therefore feels the Board should deny this request for variance.
Mr. Lipe presented copies of their presentation, back -up documentation of the appraisal,
and the traffic studies to the Board for the record.
Fred Fehsenfeld, 4415 West 116 Street, owns the property on the north side of the
proposed development, near the north boundary of where the apartments would be built.
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Seven years ago he came to this board for approval of his own variance. At the time he
learned about the Michigan Road Corridor. He complimented Altums. Recently he raised
a helium balloon to 45 feet and realized he would be looking at apartments, though less
than residents in the Westons. The density, noise, and property values are concerns.
The previous owner of Mr. Fehsenfeld's property wanted to build condos, but ultimately
sold the front portion of land to someone for a single family home. Mr. Fehsenfeld also
bought 15 acres to help maintain the area and to avoid condos, and has built a lake, put in
wetlands, and cultivated wildlife on his property. Mr. Fehsenfeld said that at that time, he
understood the requirements of the S -I zoning in terms of density allowed. Mr.
Fehsenfeld said he has no problem with the commercial development, but he does have a
problem with the concept of three -story apartments in the eastern half of the real estate.
There are a number of negative issues, but the whole concept of having 45 foot tall
apartment buildings is intrusive.
Rebuttal, Paul Reis. The variance request is simply to allow consideration of a PUD. The
issue of the Comprehensive Plan contemplates commercial development along 421. It
does look at more intense housing as you move east. There is commercial abutting low
density homes in some areas, such as near the Target site.
If the property adjoining Weston were developed as low- density single family, traffic
would funnel into the Weston via the extension of a stub street. The transitional use with
multi family avoids this. Mr. Reis the use is consistent with the Comprehensive Plan, and
that sufficient buffering is included in their proposal. Also, two -story buildings are
proposed along the south and east boundaries; the petitioner does want to work with Mr.
Fehsenfeld about his concerns with height -he feels they are sensitive to the area, with one
point of access (Michigan Road).
Property values have been considered, and the proposed cement fiberboard is preferred
over vinyl siding permitted in many residential areas in Carmel, and is resistant to
weathering. The strict application of the zoning ordinance would provide a hardship.
Otherwise, variances to a single zoning classification would be needed to achieve some of
the same effects.
Mr. Reis was asked to clarify an earlier statement; namely, that approval of this variance
only allows the Plan Commission to consider a PUD Ordinance proposal for this site only.
Mr. Engelking explained that at one time PUD Ordinances could be considered anywhere
in Clay Township. It is unclear what the intent was relative to commercial areas west of
Spring Mill Road when the ordinance to prohibit consideration of PUDs west of Spring
Mill Road was enacted.
Approval by the BZA of tonight's variance would only permit a PUD proposal to go
before the Plan Commission for consideration. Another public hearing would be held at
that level. In effect, a PUD constitutes a rezone, and therefore once the Plan Commission
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makes an advisory recommendation, any such proposal would proceed to the Carmel City
Council for consideration. It is a laborious process.
The Chairman suggested the Plan Commission and Carmel City Council should have the
opportunity to make a decision on this, and would be better qualified to make that
determination. A favorable vote tonight will only allow the PUD Ordinance proposal to
go to the next step (Plan Commission) for consideration.
Mr. Engelking said the staff recommends favorable consideration.
Questions and Comments from the Board:
Mr. Dierckman asked about process if approval is not granted this evening. Mr. Molitor
said the petitioner would need to ask for a separate rezone for the different pieces of the
parcel. At least two or three rezones would need to be applied for. The Development
Plan/ADLS process would follow any rezones.
Leo Dierckman does not feel the petitioner's reasons for needing a PUD are compelling,
and that it doesn't meet statutory requirements.
Clarification, Mr. Weinkau£ If an unfavorable decision is made this evening, the
petitioner could still pursue development using the underlying zoning classification, or
could seek to rezone portions, and perhaps develop the parcel piece -meal.
Mrs. Rice commented that as a member of the Plan Commission as well as this Board,
residential concerns are taken very seriously. Much of what the petitioner has shared and
the feelings expressed definitely need to come before the Plan Commission. Ms. Rice said
she now understands that they are not voting on a PUD, but whether or not the petitioner
can appear before the Plan Commission to request a PUD. She feels the petitioner has a
valid request for consideration.
Mr. Mohr questioned the process. Mr. Molitor asked what body the petitioner would
have to appear before if this were turned down this evening. Mr. Molitor said
theoretically, the public might be better protected using the PUD vehicle. On the other
hand, a negative recommendation would send a strong message to the petitioner that a
mixed -use development is simply not acceptable.
The public hearing was closed.
Leo Dierckman moved for the approval of V- 187 -00, Town Centre West PUD,
seconded by Michael Mohr. Vote on the petition was 1 in favor (Rice), 4 opposed (Leo
Dierckman, Michael Mohr, Earlene Plavchak, Charles Weinkauf) DENIED
s:ABZA \Minutes \2000nov 13
30h -31h. Springwood, Lot 2 (V- 189 -00; V- 190 -00)
Petitioner seeks approval of Developmental Standards Variances of
Sections 2.4; Lots and 6.4.1: Maximum Height in order to construct a
33'6" single family residence on 1.84 acres. The site is located at 421
Springwood Drive. The site is zoned S -2 /residence.
Filed by James Nelson of Nelson Frankenberger for SCM Development
32h. Springwood, Lot 3 (V- 191 -00)
Petitioner seeks approval of a Developmental Standards Variance of
Sections 2.4: Lots in order to access a single family residence on 2.95+
acres. The site is located at 427 Springwood Drive. The site is zoned S-
2 /residence.
Filed by James Nelson of Nelson Frankenberger for SCM Development
33h. Springwood, Lot 4 (V- 193 -00)
Petitioner seeks approval of a Developmental Standards Variance of
Sections 2.4: Lots in order to access a single family residence on 1.72+
acres. The site is located at 426 Springwood Drive. The site is zoned S-
2 /residence.
Filed by James Nelson of Nelson Frankenberger for SCM Development
34h. Springwood, Lot 5 (V- 195 -00)
Petitioner seeks approval of a Developmental Standards Variance of
Sections 2.4: Lots in order to access a single family residence on 1.54+
acres. The site is located at 420 Springwood Drive. The site is zoned S-
2 /residence.
Filed by James Nelson of Nelson Frankenberger for SCM Development.
Jim Nelson, 3663 Brumley Way, Carmel, appeared before the Board on behalf of SCM
Development. Mr.Curt Alberton of SCM Development was also present.
SCM Development is requesting two developmental standards variances. One request is
for the home on Lot 2 in Springwood to be 8'6" higher than permitted in the ordinance.
Secondly is a request to permit a variance for lots 2, 3, 4, and 5 to all front on a private
street.
On March 21, 2000, the Carmel Plan Commission unanimously approved the primary plat
for a small residential community known as Springwood on a 13 acre parcel of real estate
that lies north and west of the intersection of 106''' and Spring Mill Road. The primary
plat was designed to create a private enclave of large homes on six estate lots, from 1.5 to
3 acres in size. As part of the plat approval, a variance from the Subdivision Control
Ordinance was granted by the Plan Commission for a single street to provide access to
Springwood, now known as Springwood Drive, to be a private street.
s:ABZA \Minutes \2000nov 14
All of Springwood has been developed, with the exception of some plantings. As we
approached the time for seeking building permits, it was noted that the zoning ordinance
also indirectly addresses a requirement for access to a public street. Lots 1 and 2 are not
included in the variance request because while they have access to the private road, they
also share frontage on Spring Mill Road. Without this variance, lots 3, 4, and 5 cannot be
built upon in accordance with the approved primary plat.
The maximum height requirement of 25 feet is longstanding, and a variance is requested to
accommodate additional height on lot 2.
Members of the public were invited to speak in favor. None appeared. Members of the
public were invited to speak in opposition to the requests. None appeared.
The Chairman asked if height variances might be expected on additional lots. Mr. Nelson
indicated this might be possible, and that they have agreed to pursue such variances on an
individual lot basis.
Mr. Engelking reported the Department recommends favorable consideration on all
variances on this project.
There were no questions by the Board and the public hearing was closed.
Leo Dierckman moved for the approval of all requested variances for the frontage
requirements, Springwood V- 189 -00, V- 191 -00, V- 193 -00, and V- 195 -00, seconded by
Pat Rice. The vote was 5 in favor, 0 opposed. APPROVED
Pat Rice moved for the approval of the height variance request, Springwood V- 190 -00,
seconded by Earlene Plavchak. The motion was APPROVED with a vote of 5 in favor, 0
opposed.
35h -42h Hazel Dell Corner, Lot 2 (SU- 198 -00; V- 199 -00; V- 200 -00; V- 201 -00;
V- 202 -00; V- 203 -00; V- 204 -00; V- 205 -00
TABLED
43h -44h. Hazel Dell Corner, Lot 6 (SU- 206 -00; V- 207 -00)
Petitioner seeks Special Use approval to establish a day care facility to be
known as Children's World Learning Center on 1.46 acres. Petitioner
also seeks a Developmental Standards Variance of Section 25.7.02- 7(c)(1)
in order to establish a 52.5 square -foot ground sign. The site is located at
13320 Hazel Dell Parkway. The site is zoned B- 3/business.
Filed by Darren T. Pittman of Falcon Engineering for Ararmark
Educational Resources.
s:ABZA \Minutes \2000nov 15
Darren Pittman, Project Engineer for Falcon Engineering, 8906 E. 96 Street, Fishers,
spoke on behalf of the petitioner. Michael Morlock represents Ararmark Educational
Resources, and is also in attendance.
The site for the Day Care Center consists of 1.46 acres and is located at the northwest
corner of 131S Street and Hazel Dell Parkway, approximately 1,000 feet north of 131S
Street on the west side of Hazel Dell. The property is surrounded by existing residential
properties. A standard daycare is 1.25 acres and the slightly larger area allows for
additional buffering of the 30 foot greenspace requirement on the north and west sides
that will abut the common area and walking trails. The driveway cut will align with Ivy
Hill Drive on the opposite side of the street.
Mr. Pittman described the playground areas. The building itself is 10,989 square feet in
size, using the same architectural theme of the surrounding residential area. 173 children
will be accommodated, along with a maximum of 19 staff members. Forty -nine parking
spaces will be included, one over the required forty- eight. A trash dumpster will be
located in the parking area, with an enclosure befitting the architectural theme of the
building. A variance on the illuminated ground sign is being requested; the sign will be
positioned just south of the proposed driveway, off the right -of -way of Hazel Dell
Parkway.
Members of the public were invited to speak in favor of the petition, or against the
petition. None appeared.
Mr. Engelking explained that at the time the approval for B -3 was granted for this
property, the property -owner agreed to a separate ADLS hearing for each individual
portion of the project. Mr. Engelking complimented the petitioner on being extremely
cooperative in working with the Department and meeting the Department's requests. The
Department recommends favorable consideration.
Chuck Weinkauf asked for clarification of square footage for the signage allowed by
ordinance. Per Mr. Engelking, in a B -3 zoning classification, each building is permitted
one sign with a 10 square foot maximum. To have more than one sign or more square
footage per sign would require a variance. In this case, there is no signage on the
building.
Mrs. Rice asked whether or not the Plan Commission could critique the details of the sign
itself if the BZA approves the sign variance. Mr. Engelking assured her the sign would
indeed go through the ADLS process at Plan Commission level.
Mr. Dierckman asked if the Department is satisfied with the size of the sign. Mr.
Engelking replied affirmatively.
Mrs. Rice asked why the parking is in front of the building on Hazel Dell rather than in the
rear. Mr. Morelock of Ararmark, 4112 Timbervale, Evergreen, Colorado explained this is
s:ABZA \Minutes \2000nov 16
their standard layout. It makes it easier for parents to park, come into the building and
sign the children in, and return. The front door entry is preferable. It also allows a buffer
between Hazeldell Parkway and the building.
Steve Engelking said there is no prohibition with parking toward the street. Essentially, it
is a "strip mall' characterization through the property as it runs south. Future projects will
have parking toward the highway; there is another project to the south that will probably
have parking toward 131 st Street. It is a little different than we generally see, but there is
no prohibition expressed on this particular roadway.
The public hearing was closed on SU- 206 -00.
Pat Rice moved for the approval of SU- 206 -00, Hazel Dell Corner Lot 6, seconded by
Earlene Plavchak. The vote was 5 in favor none opposed. APPROVED
The public hearing was closed on V- 207 -00.
Pat Rice moved for the approval of V- 207 -00, Hazel Dell Corner Lot 6 to establish a
52.5 square foot ground sign, seconded by Earlene Plavchak. The vote was 5 in favor
none opposed. APPROVED
45h. Brooks Landing at Prairie View V- 208 -00
TABLED
46h. Newark Addition, Lots 4(part) -7; Newark Village, Lots 2 3 (V- 219 -00)
Petitioner seeks a Developmental Standards Variance of Section 18.7: Storage,
Display Refuse in order to have outdoor storage. The site is located at 731
South Range Line Road. The site is zoned B- 7/business.
Filed by Paul G. Reis of the Reis Law Firm for Carmel Ace Hardware.
Paul Reis, 12358 Hancock Street, Carmel made the presentation. With him were Steve
White, owner of Ace Hardware, and Mark Monroe, Law Clerk/Land Use Planner. This
project is an expansion of the existing Ace Hardware store. The petitioner has been
through the Plan Commission and Carmel City Council to rezone these two lots; they have
also gone through the ADLS and Development Plan approval process to expand the
Garden Center.
The requested variance is to allow for a portion of the garden center to be constructed
without a roof. It is open to the sky, but the elevation shows a wall and landscaping. No
one will be able to see in.
Mr. Reis explained there are two primary reasons for requesting this variance. First is the
existing Cinergy power lines that go across the property. Cinergy stipulates there can be
no roof structure impediment to their ability to gain access to that line. Secondly, this
portion of the Garden Center includes a customer pick -up area, and a place for trucks to
s: \BZA\Minutes \2000nov 17
unload. A variance would permit the type of structure (without columns) that would
facilitate these operations, yet not compromise safety. Strict application of the zoning
ordinance (roof requirements) would make for some practical difficulties in planning a
safe, convenient place for customer pick -up, and safe unloading of materials, as well as
accommodating access to the power line, or relocating the power line.
Members of the public were invited to speak in favor or opposition to the petition; no one
appeared.
Mr. Engelking reported the Department recommends a favorable recommendation.
Mr. Dierckman asked if outdoor storage will be restricted to this area. It was a stipulation
by ordinance when the project came through.
Paul Reis responded that outdoor storage is restricted to a designated area of the garden
center and it will have a roof over it. Otherwise, there will be NO outdoor storage.
The public hearing was then closed.
Michael Mohr moved for the approval of V- 219 -00, Newark Addition, Lots 4(part) -7;
Newark Village, Lots 2 3, seconded by Pat Rice. Approval was unanimous with 5 in
favor, 0 opposed. APPROVED
I. Old Business
li. Brooks Landing at Prairie View, Section 1, lot 3 (V- 56 -00)
Petitioner seeks a Developmental Standards Variance of Section 5.4.2 to
decrease the front yard from 40 feet to 15 feet. The site is located at 6905
Longest Drive. The site is zoned S- I /residence.
Filed by Jose Kreutz of BDC /Cardinal Investments, LLC.
Jose Kreutz appeared before the Board representing Brenwick Development Company,
located at 12821 E. New Market St, Village of West Clay, Carmel.
This item came before the Board in June, at which time more information was requested.
Lot 3 is unique in that it is bounded on three sides by unbuildable real estate. There is a
30 -foot building line along the north and west, and a 30 -foot drainage /utility easement on
the east property line.
Along the south property line, there are more than 30 trees of great height, some
exceeding 50 feet. Information on the exact location of the trees was requested at the
June meeting, and this has been provided to the Board.
s:ABZA \Minutes \2000nov 18
The delay in coming back to the board was related to the second request of the board;
namely, stating the impact if lot 3 were developed as it exists currently. The impact would
be either a reduction in size of the home, or removal of the trees, or both. Lilly is trying
to sell the home on lot 2 at this time.
Mr. Kreutz suggests a reduction in one of the front -yard setbacks on the north, to remove
as few trees as possible. The house would be moved away from the one on lot 2, and
would be pushed to the north and east, toward the private driveway leading to the Prairie
View golf course. Photos were shown depicting this.
Members of the public were invited to speak either in favor of, or in opposition to the
petition. None appeared.
The Department's recommendation is for favorable consideration.
Leo Dierckman moved for the approval of V- 56 -00, Brooks Landing at Prairie View,
Section 1, Lot 3, seconded by Pat Rice. APPROVED 5 in favor none opposed.
2i -5i. Mayflower Park, Block 6, Lot 2 (V- 77 -00; V- 78 -00; V- 79 -00; V- 80 -00)
Petitioner seeks Developmental Standards Variances of Sections
23C.10.2(2): Foundation Plantings: 23C.10.2(3): Peripheral Plantings;
23C.10.3(3): Greenbelt, and 23C.10.3(5): Parking Lots to allow the
following:
V -77 -00 to reduce foundation planting
V -78 -00 to reduce peripheral plantings
V -79 -00 to reduce the Greenbelt requirement
V -80 -00 to reduce parking lot plantings
The site is located on the southwest corner of West 99 Street and
Michigan Road. The site is zoned I -1 /industrial and is located within the
US421 Corridor Overlay Zone.
Filed by Paul G. Reis of the Reis Law Firm for Chrysler Realty
Corporation.
Paul Reis, 12358 Hancock St, appeared. With him are representatives of Chrysler Realty
Corporation; Landscape Architect, Deb Schmucker; Architect Bob Hurst, and Mark
Monroe, Law Clerk/Land Use Planner.
This petition is for a new Chrysler dealership located at approximately 99 Street and 421.
The petitioner has been to the Plan Commission and has received DP /ADLS approval,
subject to approval by the Urban Forester of their landscape plan.
V -77 -00 is a request to reduce the foundation plantings in one small area of the front of
the building from 10 feet to 7 feet. Numerous changes have been made to the landscape
plan in consultation with the Urban Forester.
s:ABZA \Minutes \2000nov 19
The second variance, V -78 -00 is to reduce the peripheral plantings on the north and south
sides of the site. Following consultation with the Urban Forester and additional revisions
of the landscape plan. this variance is not longer needed and will be withdrawn.
V -79 -00 is a variance to allow the planting of shade trees in lieu of ornamental trees as
required by the Ordinance. 18 shade trees and 6 ornamental trees are required in the
greenbelt area along 421.
V -80 -00 is a request to eliminate a 6 foot perimeter planting area along 421 and adjacent
to the 30 foot greenbelt area. This is required when a parking area fronts along US 421
Michigan Road. Also, the petitioner is asking to decrease the number of trees and shrubs
that are located within the side and rear areas of the parking lot from the required 40 trees
and 200 shrubs to 20 trees and 88 shrubs. Due to the nature of the permitted use, the
Urban Forester feels the shade trees will add more value along 421.
The last variance request is to eliminate a six -foot perimeter planting area along 421 and
adjacent to the 30 foot Greenbelt area (required when you have a parking area that fronts
421/Michigan Road). They are also seeking to reduce the number of trees and shrubs
located in the side and rear areas of the parking lot from required 40 trees and 200 shrubs
to 20 trees and 88 shrubs. They have increased the plant material from their original
submittal, largely due to interaction with the Urban Forester and with Mike Hollibaugh of
the Department.
The petitioner has attempted to hold the building at 120 feet from 421. This meets the
intent of the ordinance by avoiding large areas of asphalt along 421. Rather than move the
building back further, they have asked for fewer trees. They are taking 11 additional trees,
adding them to the Greenbelt area, locate 196 shrubs (180 required) and shifting those
into the Greenbelt area. This comes close to the plant material requirements and is
conducive to a successful automobile dealership.
Basically, they are removing some of the plantings from the back and sides and moving
them to the front. Peripheral plantings have been increased on the north and south,
providing an excellent buffer.
Additionally, following consultation with the Urban Forester they have added a 10 -foot
buffer landscape area along the rear with 20 shade trees and 36 shrubs, consistent with
plantings in the other areas, using shade trees. Strict application of the ordinance would
be problematic, and after BZA approval of this proposal, they will seek approval of the
Urban Forester.
Mr. Engelking indicated this property could meet ordinance requirements, but the
Department is prepared to support the variances, as the petitioner has met 95% of the
requirements on most things, with the exception of the interior parking lot plantings.
Their offering is consistent with other projects coming through in this area. The
s:ABZA \Minutes \2000nov 20
Department would like the rear buffer yard articulated today to be a commitment, and part
of the variance.
Mr. Dierckman asked if the petitioner would agree to donate the shrubs and trees to the
Parks Department for the use and benefit of the entire community. The response was
negative. The Chairman posed a similar question later; Mr. Angelotti of Chrysler
Corporation Realty gave an affirmative response, provided the donation of 12 trees and 48
shrubs does not include planting the materials.
Mr. Engelking explained the petitioner wanted a double row of parking, but did increase
the number of plantings in the 30 -foot greenbelt.
Pat Rice moved for the approval of V- 77 -00, Mayflower Park, Block 6, Lot 2, to reduce
foundation plantings, conditioned upon the petitioner donating 12 trees and 48 shrubs to
the Carmel Parks Department, seconded by Michael Mohr. The vote was 5 in favor, 0
opposed. APPROVED
Michael Mohr moved for the approval of V- 79 -00, Mayflower Park, Block 6, Lot 2, to
reduce the Greenbelt requirements, seconded Leo Dierckman. The vote was 5 in favor, 0
opposed. APPROVED
Leo Dierckman moved for the approval of V- 80 -00, Mayflower Park, Block 6, Lot 2, to
reduce the parking lot plantings, seconded by Michael Mohr. The vote was 5 in favor, 0
opposed. APPROVED
6i -7i. Mayflower Park, Block 6, Lot 2 (V- 81 -00; V- 82 -00)
Petitioner seeks Developmental Standards Variances of Sections 25.7.02-
8(b): Number Type and 25.7.02 -8(d): Maximum Height of Ground Sign
to allow the following:
V -81 -00 to allow a second identification sign
V -82 -00 to increase the height of the ground sign from 7 feet to 10
feet
The site is located on the southwest corner of West 99 Street and
Michigan Road. The site is zoned I -1 /industrial and is located within the
US 421 Corridor Overlay Zone.
Filed by Paul G. Reis of the Reis Law Firm for Chrysler Realty Corp.
Paul Reis, 12358 Hancock Street, Carmel, explained this site is on 421. 99 Street is not
a public street, and under the current Sign Ordinance, only one identification sign is
allowed per frontage. The petitioner had filed with the Plan Commission for signage on
the front facade of the building facing 421/Michigan Road. Permission was also requested
for a second identification sign in the form of a ground sign to be located at the corner.
There is also a request for an increase in height from 7 to 10 feet. With the amount of
traffic and accompanying speed of the traffic along 421, it seems necessary to add an
additional sign to further identify the site. The second sign is for greater visibility. The
s: \BZA \Minutes \2000nov 21
sign is in character with other signs along 421, and would not adversely affect the value,
health or safety.
The Department recommends favorable consideration of both petitions.
Leo Dierckman moved for approval of V- 81 -00, Mayflower Park, Block 6, Lot 2,
seconded by Michael Mohr. The request was approved by a vote of 5 in favor, 0
opposed. APPROVED
Mr. Dierckman asked why so much additional height was considered necessary. Mr. Reis
explained it is for additional visibility, and makes the site more recognizable.
Mr. Weinkauff feels the request is reasonable.
Leo Dierckman moved for the approval of V- 82 -00, Mayflower Park, Block 6, Lot 2, to
permit an increase in the height of the ground sign from 7 feet to 10 feet, seconded by
Michael A. Mohr. 4 in favor, one opposed (Leo Dierckman). APPROVED
101. Foster Estates Subdivision, Lot 54 (V- 178 -00)
Petitioner seeks approval of a Developmental Standards Variance of
Section 7.4.3(A): Minimum Front Yard in order to reduce the requirement
from 35 feet to 30 feet for an existing three -car garage. The site is located
at 2710 Laura Drive. The site is zoned R -1 /residence.
Filed by the Schneider Corporation for J. Norman Deborah F. Callahan.
Mr. Weinkauf explained that at the public hearing last month, the petitioner was asked to
confer with Mr. Molitor, and has reached an agreement on behalf of the Schneider
Corporation. For the benefit of Mrs. Rice and Mrs. Plavchak who were not at the
October meeting, Mr. Weinkauf asked the petitioner to do a brief presentation.
Richard Miller, The Schneider Corporation, 8901 Otis Avenue, Indianapolis said that
aerial photographs were omitted at the public hearing. The building is situated in the
center of a lot zoned R -1. The adjacent, undeveloped land to the west consists of 34 acres
Thirty -four acres of undeveloped land and is also zoned R -1. The developer still owns the
land to the east of the site; Laura Drive is a dead -end street at present. The predominant
portion of the house is 14 feet behind the setback line. It is not apparent that the house
encroaches four feet over the 35 -foot setback line. The encroachment was unintentional,
and was not discovered until two years after the home was built. It was a construction
staking error by employees of Schneider Corporation.
There is no negative impact, but there is a practical hardship for the owner due to the fact
that it is a front -yard setback. The only recourse is to seek a variance, or to seek a
reduction in the size of the existing garage. Schneider Corp. regrets the error, and would
certainly consider a donation to a public organization in hopes that any detriment to the
community might be offset.
s: \BZA \Minutes \2000nov 22
The Chairman asked for questions. Mrs. Rice recalled a suggestion for landscaping at one
time. Mr. Molitor said that in discussion with the homeowner, that does not seem to be a
practical solution in this case since there was no logical place to add it.
The Schneider Corporation has agreed with the City Attorney to make a monetary
contribution to a Civic organization. The homeowner brought the encroachment to light
to avoid a problem if they would decide to sell the home at a later date.
Leo Dierckman moved for the approval of Foster Estates Subdivision, Section 6b, Lot
54 (V- 178 -00), seconded by Earlene Plavchak The vote was 5 in favor, 0 opposed.
APPROVED
Mr. Molitor reminded members of the training meeting next week in the Caucus Rooms, 6
to 8:00 PM. Mr. Molitor offered to prepare formal findings of fact for the variance
defeated earlier, and suggested they could be adopted at next week's meeting.
There being no further business to come before the Board, the meeting was adjourned at
11:20 PM.
Charles W. Weinkauf, President
Ramona Hancock, Secretary
s:ABZA \Minutes \2000nov 23