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HomeMy WebLinkAboutMinutes BZA 06-23-03gIVIV�'�' of CAq`� C i ty of arme Carmel/Clay Advisory Board of Zoning Appeals Regular Meeting Monday, June 23, 2003 The regularly scheduled meeting was held at 7:00 PM in the Council Chambers of Carmel City Hall on June 23, 2003. Those members in attendance: Leo Dierckman, Michael Mohr; and Pat Rice, thereby establishing a quorum. Mr. Mohr stated that a petition would need a unanimous vote to pass; otherwise it could be tabled to next month's meeting. Department of Community Services Staff in attendance: Director Mike Hollibaugh and Planning Administrators Jon Dobosiewicz and Angie Butler. John Molitor, Legal Counsel, was also present. Mrs. Rice moved to approve the minutes from the April 28, 2003 meeting. The motion was seconded by Mr. Dierckman and APPROVED 3 -0. Mr. Molitor gave an update on the lawsuits involving the Board. In the case involving Martin Marietta's challenge to the change of procedural rules, they have filed a response to our motion to dismiss. At the same time, they filed a motion for summary judgment and asked the Court to hear those at the same time as the hearing on the motion to dismiss. That will be heard next Monday afternoon, June 30, 2003, Hamilton Superior Court 43 in Noblesville. He distributed copies to the Board of Martin Marietta's response to our motion and their brief in support of their motion for summary judgment and our response to their brief. Also, he had just received a copy of Sprint's brief in regard to the matter they have appealed to the U.S. Court of Appeals for the Seventh Circuit in Chicago. We are now on the clock with regard to the time that we are allotted to file our brief and response to theirs. Copies will be distributed at next month's meeting. We have until approximately the middle of July to file our brief. Then we will see if the Court schedules a hearing or if they just take action on the briefs. The Board may want to schedule an Executive Session next month in order to be updated on the particulars if we get any further rulings from the Court in either of these cases. Mr. Dobosiewicz gave the Staff Report. Two items on tonight's agenda will require the Board to waive the rules. UV -61 -03 Wade Veterinarian Clinic information packets were received late. In addition, V- 67 -03, Item 27h, the Notice for Publication was one day late. Under the Department's Report, you'll notice a new format which includes an aerial photo of the general area of the petition, background information which includes many times minutes from TAC and/or previous discussions by the Plan Commission, as well as findings made by the Department and ultimately a recommendation for your consideration. Angie Butler deserves much of the credit for putting those together. If you have any comments on the new format, please let us know. We will be happy to serve you. Mrs. Rice stated they did not have ballots for the variances for the different schools. Page 1 Carmel/Clay Advisory Board of Zoning Appeals June 23, 2003 Page 2 of 11 Mr. Dobosiewicz stated the vote could be taken by a show of hands and findings could be incorporated at that time. Mr. Dierckman moved to waive the rules. The motion was seconded by Mrs. Rice and APPROVED 3 -0. H. Public Hearing 1 -4h. Orchard Park, Lot 78, Block B Orchard Park Elementary (V- 45 -03; V- 46 -03; V- 47 -03, V- 48 -03) Petitioner seeks the following Development Standards Variances: V -45 -03 03050002 §25.07.02 -05(b) two (2) institutional signs V -46 -03 03050003 §25.07.02 -05(c) 36 -sq -ft institutional sign V -47 -03 03050004 §25.07.02- 05(c)(ii) 24 -sq -ft changeable copy sign V -48 -03 03050005 §25.07.02 -05(d) Eft -2in tall ground sign The site is located at 10404 Orchard Park South Dr. The site is zoned R -1 /Residential. Filed by William Payne of Fanning /Howey Associates, Inc. on behalf of Carmel/Clay Schools. PETITIONER'S MICROPHONE WAS NOT ON. RECORDING DID NOT PICK UP THE PETITIONER'S VOICE. THE SECRETARY WAS NOT IN ATTENDANCE, THEREFORE, NO COMMENTS MADE BY THE PETITIONER ARE INCLUDED. Present for the Petitioner: Allen Cradler, Fanning /Howey Associates Members of the public were invited to speak in favor of or opposition to the petition. No one appeared. Mr. Dobosiewicz gave the Department Report. As stated by the Petitioner, this request is similar to others the Board has heard. The Department is in the process of evaluating, as a more comprehensive effort, the Sign Ordinance so the load is lightened for the Board for reviewing these petitions. We have heard many times by action of the Board that the types of signage we have seen come before us are appropriate. We are working toward establishing parameters for these types of situations that would avoid the need for action by the Board. The Department is recommending favorable consideration. Mr. Dierckman moved to approve V- 45 -03, Orchard Park, Lot 78, Block B Orchard Park Elementary. The motion was seconded by Mrs. Rice and APPROVED 3 -0. Mr. Dobosiewicz recommended the Board vote on all the variances as a package. Mr. Dierckman amended his motion to include the other items. The amendment was seconded by Mrs. Rice and APPROVED 3 -0. Page 2 Carmel/Clay Advisory Board of Zoning Appeals June 23, 2003 Page 3 of 11 5h. 10721 Lakeshore Drive- Forest Dale Elementary (SUA- 49 -03) Petitioner seeks a Special Use Amendment: SUA -49 -03 03050006 §6.02 three modular classrooms The site is located at 10721 Lakeshore Drive. The site is zoned S -2 /Residential. Filed by Allen Cradler of Fanning /Howey Associates, Inc. on behalf of Carmel/Clay Schools. Present for the Petitioner: Allen Cradler, Fanning /Howey Associates, 9025 N. River Road. He shared an overall site plan of the school. They received approval a little over a year ago for the expansion on the north and south sides. Since that time, the schools have done some redistricting and moved children to this school. Because of the overall construction, they have a need to have portable classrooms. The portable classrooms are located on the south. They are leased and will be on site for the 2004 school year. The project will still be under construction. Contractors and construction traffic also will use the south side of the building. There will be appropriate ramps and walkways out of the portable classrooms. Members of the public were invited to speak in favor of or opposition to the petition. No one appeared. Mr. Dobosiewicz gave the Department Report. The Department is recommending favorable consideration. The plan is consistent with what has been seen at other locations. The plan does require Special Use approval as a modification to the approved Special Use that was considered last year with the building additions. He recommended the Department be given the authority to allow the classrooms for two years if needed. Mr. Dierckman moved to approve SUA- 49 -03, 10721 Lakeshore Drive- Forest Dale Elementary with use of the modular classrooms for a two -year period. The motion was seconded by Mrs. Rice and APPROVED 3 -0. 6 -9h. 10850 Towne Road Towne Meadow Elementary (V- 50 -03, V- 51 -03, V- 52 -03, V- 53 -03) Petitioner seeks the following Development Standards Variances: V -50 -03 03050007 §25.07.02 -05(b) two (2) institutional signs V -51 -03 03050008 §25.07.02 -05(c) 36 -sq -ft institutional sign V -52 -03 03050009 §25.07.02- 05(c)(ii) 24 -sq -ft changeable copy sign V -53 -03 03050010 §25.07.02 -05(d) 6 -ft 2in tall ground sign The site is located at 10850 Towne Road. The site is zoned S -1 /Residential. Filed by William Payne of Fanning /Howey Associates, Inc., on behalf of Carmel/Clay Schools. Present for the Petitioner: Allen Cradler, Fanning /Howey Associates, 9025 N. River Road. Requests are for the same kinds of signs along Towne Road with landscaping and changeable copy sign. Members of the public were invited to speak in favor of or opposition to the petition. No one appeared. Page 3 Carmel/Clay Advisory Board of Zoning Appeals June 23, 2003 Page 4 of 11 Mr. Dobosiewicz gave the Department Report. The Department is recommending favorable consideration for these similar signs. Mr. Dierckman moved to approve V- 50 -03, V- 51 -03, V- 52 -03, V- 53 -03, 10850 Towne Road Towne Meadow Elementary. The motion was seconded by Mrs. Rice and APPROVED 3 -0. 10- 13h.14200 N River Road Prairie Trace Elementary (V- 54 -03; V- 55 -03; V- 56 -03, V- 57 -03) Petitioner seeks the following Development Standards Variances: V -54 -03 03050011 §25.07.02 -05(b) two (2) institutional signs V -55 -03 03050012 §25.07.02 -05(c) 36 -sq -ft institutional sign V -56 -03 03050013 §25.07.02- 05(c)(ii) 24 -sq -ft changeable copy sign V -57 -03 03050014 §25.07.02 -05(d) 6 -ft 2in tall ground sign The site is located at 14200 N River Road. The site is zoned S -1 /Residential (Very Low Intensity). Filed by William Fanning of Fanning /Howey Associates, Inc., on behalf of Carmel /Clay Schools. Present for the Petitioner: Allen Cradler, Fanning /Howey Associates, 9025 N. River Road. The sign is located near the main entry area and front parking area. The changeable copy sign is on a panel on the brick. Members of the public were invited to speak in favor of or opposition to the petition. No one appeared. Mr. Dobosiewicz gave the Department Report. The Department is recommending favorable consideration for these similar signs. Mr. Dierckman moved to approve V- 54 -03, V- 55 -03, V- 56 -03, V- 57 -03, 14200 N River Road Prairie Trace Elementary. The motion was seconded by Mrs. Rice and APPROVED 3 -0. 14h. 5185 East 131 Street Transportation and Facilities Center (V- 58 -03) Petitioner seeks the following Development Standards Variance: V -58 -03 03050015 §25.07.02 -5(c) 35- square -ft sign The site is located at 5185 E. 131 Street. The site is zoned S -1 /Residence (Very Low Intensity). Filed by William Payne of Fanning /Howey Associates, Inc., on behalf of Carmel/Clay Schools. Present for the Petitioner: Allen Cradler, Fanning /Howey Associates, 9025 N. River Road. This sign is an institutional wall sign on the existing transportation facility adjacent to the Educational Services Center and Clay Junior High. It opens onto internal roads. The sign is needed to identify this facility. The sign will be made up of individual letters attached to the wall. It exceeds the allowable sign size by five square feet. Page 4 Carmel/Clay Advisory Board of Zoning Appeals June 23, 2003 Page 5 of 11 Members of the public were invited to speak in favor of or opposition to the petition. No one appeared. Mr. Dobosiewicz gave the Department Report. The Department is recommending unfavorable consideration. There are a couple of options that could reduce the overall size of the sign to less than thirty square feet. Mr. Dierckman moved to approve V- 58 -03, 5185 East 131 Street Transportation and Facilities Center. The motion was seconded by Mrs. Rice and APPROVED 3 -0. 15- 16h.900 N Range Line Rd- Carmel Cemetery (SU- 59 -03, V- 60 -03) Petitioner seeks the following Special Use: SU -59 -03 03050016 §7.02 adjacent parcel for additional grave plot sites Petitioner seeks the following Development Standards Variance: V -60 -03 03050017 §23B.08.01(C)(1) minimum building line The site is located at 900 N Range Line Road. The site is zoned R -1 /Residential within the US 31 Overlay. Filed by Ronald Bussell on behalf of the Carmel Cemetery Association. These items were withdrawn by Petitioner. 17- 20h.East 96th Street Auto Park, Lot 3 -Tom Wood Volvo /Land Rover /Jaguar (V- 40 -03, V- 41 -03, V- 42 -03, V- 43 -03) Petitioner seeks the following Development Standards Variances: V -40 -03 03050018 §25.07.02 -08(a) Jaguar icon sign V -41 -03 03050019 §25.07.02 -08(b) 5 identification signs V -42 -03 03050020 §25.07.02 -08(b) 4 identification signs oriented south V -43 -03 03050021 §25.07.02 -08(b) 1 identification sign oriented east The site is located at 4620 E 96 Street and is zoned B -3 /Business. Filed by Thomas Engle of Barnes Thornburg on behalf of Tom Wood Jaguar /Land Rover/Volvo. Present for the Petitioner: Tom Engle, Barnes Thornburg, 11 S. Meridian Street, Indianapolis. A site elevation was shown. The petitions have been amended slightly as a result of the ADLS approval from the Plan Commission meeting last week. V -40 -03 for the icon sign has been withdrawn. V -41 -03 and V -42 -03 are for four signs facing south and one sign facing east, eliminating the leaper statue and the Indianapolis sign. On the northeast corner, past the Volvo side, would be one sign facing east and that would be 4303. The east sign was described. The Plan Commission approved these signs last Tuesday. Members of the public were invited to speak in favor of or opposition to the petition. No one appeared. Mr. Dobosiewicz gave the Department Report. There is a letter on file withdrawing V- 40 -03. V- 41 -03 has been amended to request five signs as opposed to six. V -42 -03 has been amended to request four identification signs oriented south as opposed to five. V -43 -03 remains unchanged. Page 5 Carmel/Clay Advisory Board of Zoning Appeals June 23, 2003 Page 6 of 11 Based on the modifications made by the applicant and the action by the Plan Commission; the Department is recommending favorable consideration. Mrs. Rice had questions about the signs regarding the corporate look, the color, size and lighting and discussion followed. Mr. Dierckman moved to approve, as amended, V- 41 -03, V- 42 -03, V- 43 -03, East 96th Street Auto Park, Lot 3 -Tom Wood Volvo /Land Rover /Jaguar. The motion was seconded by Mrs. Rice and APPROVED 3 -0. 21h. Taylor Trace, Lot 12 Wade Veterinarian: Furry Family (UV- 61 -03) Petitioner seeks the following Use Variance: UV -61 -03 03050022 §25.18.2 veterinary clinic The site is located at 3309 E. 146 Street. The site is zoned R -1 /Residential. Filed by Dr. Mary Wade. Present for the Petitioner: Dr. Mary Wade, 3309 E. 146 Street, Carmel. Pictures of the property were shown. She chose this property because it is a house in a quiet residential neighborhood to give her clients an at -home feeling and give personal attention to her clients and their pets. She stated the house is zoned R -1 and sets in a portion of the right -of -way of 146 Street. She feels it is not a good location for a family home. The Comprehensive Plan encourages transition from residential to commercial. There are two landscape businesses in the area along 146 Street. She will be living there and will not allow dogs to bark. The only time dogs will be staying overnight is if she feels they are not medically fit to be transported. Rebecca St. Andre, 1838 E. 64 Street South Drive, Indianapolis. She is an associate of Dr. Wade. She addressed the TAC issues. There will be no need to change the electrical power in the house to accommodate a small vet practice. The backflow device was taken care of when the house was changed over to City water and sewer. They had worked with the Urban Forester for the landscaping plan. The Board of Health gave a green light as long as it was hooked up to City sewers. They were not sure what needed to be curbed and paved. The current site is graveled and graded and would meet any parking needs they would have at this point. They would be more than willing to add curbs, but feel it would change the feel of the home. Samples of signs were shown. They were not sure where they were allowed to place a sign. They have planned to place it in the west side yard. The clinic will be Dr. Wade's residence and they would like to leave it as home -like as possible. She read a letter from Marvin Taylor in support of the vet clinic. Opposition: Donald M. Dunkerly, 891 Copperwood Drive, Carmel, representing numerous Copperwood residents. He felt there was no need to disrupt the neighborhood with a pet clinic of any kind. Property values will be affected. Marvin Taylor is not going to live there, he is selling that property. He has been a real estate broker in Carmel for over 25 years. People do not want to live close to an animal or pet clinic of any kind. He asked for a negative vote. Beth Renselle, 14474 Allison Drive in Foster Estates. There is a lovely boulevard on 146 Street and any commercial entity will cause a lot of traffic and traffic to slow down at 146 Street. She Page 6 Carmel/Clay Advisory Board of Zoning Appeals June 23, 2003 Page 7 of 11 was concerned about sick animals escaping because there are lots of children and adults out in the area. She was concerned about the noise factor and biological waste. She believes it will devalue the property and feels this clinic should be in a commercial area or on more acres. She asked for a negative vote. Tony Trent, 14445 Carey Road. He agreed with the previous homeowners. He was concerned with incoming and outgoing traffic from her practice. The two landscaping businesses were there before 146 Street was widened and there was not a need for more commercial property in the area. He would like the Board to consider the Noise Ordinance. Would sick animals spread infections to homeowners? Bob Beebe lives the first house to the east of this property. He was concerned about the noise. He felt it would diminish the property value. One more commercial operation just makes it easier for the next one. He asked for a negative vote. Al Koeski, President of the Foster Estates Homeowners Association, 14208 Joshua Drive. They asked for a negative vote. They are bordered by 146 Street and Carey Road. They already feel the pressure of the Lowe's to the west and expect that commercial development is planned to go east. They do not want it to go any further than it is. Neal Randall, 1539 Copperwood Place, within a mile of this residence. He was concerned about the commercial development along 146 Street. Turning this down would set an example for Westfield on the north side of 146 Street that we do not want commercial along 146 Street. Rebuttal: Ms. St. Andre appreciated the concerns expressed. Dr. Wade will be the only doctor in this practice. She will only be able to see one animal at a time; therefore, it will be a by- appointment clinic. There will be one owner /car with their animal, making very minimal traffic changes. She will probably have more people over to her home for enjoyment than she will for business purposes. There will not be a large congregation of dogs, one animal in/one animal out in twenty- minute intervals. No animals will be kept overnight unless an emergency clinic could not care for them. No animals will be able to escape into the neighborhood. Dr. Wade had not idea that so many people would have these concerns. Her goal is to be a service to the community, not to hinder it. Right now all she can afford is a clinic within her home. The animals will not have viruses that people can get. She will be educating people on parasites, etc. Ms. St. Andre reminded everyone that Dr. Wade will be living in the home and will also be concerned about property values. Mr. Dobosiewicz gave the Department Report. The Home Occupation standards within the ordinance explicitly exclude an animal hospital as a use that would qualify as a home occupation. In addition, there shall be no signs other than those permitted within the district. These were provided to the petitioner. As the Board may recall, the adjacent subdivision, which this house is part of, was approved late last year and construction is nearly complete. The County Highway Department allowed the driveway cut to remain open to 146 Street. There could be 50 trips a Page 7 Carmel/Clay Advisory Board of Zoning Appeals June 23, 2003 Page 8 of 11 day as compared to the normal 10 trips of a residence. The Department has not received an official letter from the Highway Department regarding this traffic. Perhaps some parameters that have not been discussed as part of this petition should be, such as hours of operation and regulating the square footage of the operation. The commitment could be made for only one doctor or otherwise these things tend to grow. The more definitive we can be in our approval, if one is had, we can narrow the discussion and qualify every type or characteristic perceived as a distraction or diminishment of property value. The Department recommendation is for negative consideration. If the Board is inclined to deny the request, he suggested that the Board's attorney draft the Findings -of -Fact that would be signed at the next meeting. The Public Hearing was closed. Mrs. Rice asked if this was a corner lot. Dr. Wade stated the homeowner on Carey Road owns the land on the corner. Mrs. Rice asked if the Use Variance is for the Home Occupation? Mr. Dobosiewicz provided a copy of the Home Occupation for the Board's use in consideration of this variance. The Use Variance is to ask for a vet clinic as a stand -alone use for the property. Mr. Molitor stated this is a request for a Land Use, which is not permitted in this zoning district, but it is also a request for a Home Occupation. Mr. Dobosiewicz was attempting to analyze the issues that might come into play if the Board allowed this use in a residential district. Mr. Dierckman asked if a kennel permit would be required? Mr. Dobosiewicz replied a kennel license would be needed from the Township in addition to zoning approval because of the number of animals on the property. Mr. Molitor clarified that the request is not for a commercial kennel because no animals will be kept on the site other than the owner's pet. Dr. Wade has already bought the property. Mrs. Rice suggested she become a vet that goes to homes instead of having a clinic. Mr. Dierckman asked how the clinic would be in the home? Dr. Wade stated that a back room had been built on as a family room and would be perfect for the waiting area and a little examination area. TAPE RECORDING OF MEETING STOPS HERE. Mrs. Rice moved to table UV- 61 -03, Taylor Trace, Lot 12 Wade Veterinarian: Furry Family. The motion was seconded by Mr. Dierckman and APPROVED 3 -0. Page 8 Carmel/Clay Advisory Board of Zoning Appeals June 23, 2003 Page 9 of 11 22h. College Park Baptist Church (SU- 62 -03) Petitioner seeks the following Special Use: SU -62 -03 03050023 §5.2 church expansion The site is located at 2606 W. 96 Street. The site is zoned S -1 /Residential (Very Low Intensity). Filed by Lawrence Kemper of Nelson Frankenberger on behalf of College Park Baptist Church. This item was tabled until July 28, 2003 BZA meeting. 23- 26h.North Augusta Subdivision, Lot 13 Brinson Property (V- 63 -03, V- 64 -03, V- 65 -03, V- 66 -03) Petitioner seeks the following Development Standards Variances: V -63 -03 03050024 §23C.08.03.A side yard reduction V -64 -03 03050026 §23C.08.03.B rear yard reduction V -65 -03 03050027 §26.04.05(c) side yard buffer reduction V -66 -03 03050025 §26.04.05(c) rear yard buffer reduction The site is located at 3934 W. 96 Street. The site is zoned B -2 /Business within the Michigan Rd/US 421 Overlay. Filed by Darrell Phillips of Weihe Engineers, Inc. on behalf of Jacob Brinson of Brinson Properties, LLC. Present for the Petitioner: Darrell Phillips, Weihe Engineers. Mr. Dobosiewicz gave the Department Report. The Department recommends favorable consideration of the petitions. Mr. Dierckman moved to approve V- 63 -03, V- 64 -03, V- 65 -03, V- 66 -03, North Augusta Subdivision, Lot 13 Brinson Property. The motion was seconded by Mrs. Rice and APPROVED 3 -0. 27h. Green Tree Country Club Estates, Lot 8 Yee Residence (V- 67 -03) Petitioner seeks the following Development Standards Variance: V -67 -03 03050028 §26.02.19 -D covered porch past platted 50 -ft BTL The site is located at 9920 Redbud Lane. The site is zoned S -1 /Residential. Filed by Joe Pierle of Home Remodeling, Inc. on behalf of Jimmy N. Yee. Present for the Petitioner: Joe Pierle of Home Remodeling. Mr. Dobosiewicz gave the Department Report. The Department recommends favorable consideration of the petition. Mr. Dierckman moved to approve V- 67 -03, Green Tree Country Club Estates, Lot 8 Yee Residence. The motion was seconded by Mrs. Rice and APPROVED 3 -0. Page 9 Carmel/Clay Advisory Board of Zoning Appeals June 23, 2003 Page 10 of 11 28h. Kingswood Subdivision, Section 3, Lot 115 Cavanaugh Residence (V- 68 -03) Petitioner seeks the following Development Standards Variance: V -68 -03 03050029 §06.04.03.0 21 -ft aggregate side yard requirement The site is located at 5078 St. Charles Place. The site is zoned S -2 /Residential. Filed by James and Kristen Cavanaugh. Present for the Petitioner: James and Kristen Cavanaugh. Mr. Dobosiewicz gave the Department Report. The Department recommends favorable consideration of the petition. Mr. Dierckman moved to approve V- 68 -03, Kingswood Subdivision, Section 3, Lot 115 Cavanaugh Residence. The motion was seconded by Mrs. Rice and APPROVED 3 -0. I. Old Business There was no Old Business. J. New Business There was no New Business K. Adiourn The meeting was adjourned at 9:00 PM. Michael Mohr, President Connie Tingley, Secretary Page 10