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Carmel/Clay Advisory Board of Zoning Appeals
Regular Meeting
Monday, July 28, 2003
The regularly scheduled meeting was held at 7:00 PM in the Council Chambers of Carmel City Hall
on July 28, 2003. Those members in attendance: Leo Dierckman, Michael Mohr, Earlene Plavchak,
Pat Rice, and Charles Weinkauf. Department of Community Services Staff in attendance: Planning
Administrators Jon Dobosiewicz and Angie Butler. John Molitor, Legal Counsel was also present.
Vice President Pat Rice called the meeting to order. President Michael Mohr arrived during the roll
call and led the remainder of the meeting.
Mrs. Plavchak moved to approve the minutes from the June 23, 2003 meeting. The motion was
seconded by Mr. Dierckman and APPROVED 5 -0.
Mr. Molitor deferred his report to the end of the meeting.
Mr. Dobosiewicz gave the Department Report. Two items require the Board to suspend the rules.
Public Notices for V -71 -03 item 4h and V -72 -03 item 5h were each two days late.
Mrs. Rice moved to suspend the rules. The motion was seconded by Mrs. Plavchak and
APPROVED 5 -0.
H. Public Hearing
1 -2h. College Park Baptist Church (SU- 62 -03, V- 69 -03)
Petitioner seeks the following Special Use:
SU -62 -03 903050023 §5.2 church expansion
Petitioner seeks the following Development Standards Variance:
V -69 -03 903060001 §5.04.1 building height is over allowed by 5.5'
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.
Present for the Petitioner: Larry Kemper, Nelson Frankenberger, 3021 E 98 Street, Carmel,
IN. Joe Rice, College Park Baptist Church, Bob Doster, Schneider Engineering, and Dick Young
and Len Wolfson, Wolfson -Young Architects. Mr. Kemper discussed the history of the real
estate and the church, the current condition of the real estate and the church, the proposed
addition to the church, and the hardship justifying the variance requested. The church was
granted Special Use in 1990. In 1996 the Board granted a Development Standard variance for a
25,000 addition, as well as allowing the addition to exceed the maximum building height allowed
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July 28, 2003
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by the ordinance at that time. An aerial photograph was shared. The southern boundary of the
real estate is 96 Street. The eastern boundary is Towne Road. The northern boundary heads
west, then north, then west along three elongated parcels and then south along the western edge
of this third elongated parcel to 96 Street. The current location of the church is well setback
from both 96 Street and Towne Road. The current entrances are on 96 Street and Towne Road.
There currently exist several structures on the southwest corner of the real estate. The proposed
site plan was shown. The existing entrances will be moved farther west on 96 Street and farther
north on Towne Road. The existing structures on the southwest corner will be demolished and
will be replaced primarily by parking and landscape areas. The proposed addition will be located
on the northwest corner of the existing facility. The current church contains approximately
73,000 square feet and the addition will contain approximately 70,000 square feet for narthex,
sanctuary, and storage. Exhibits were shown. The proposed height of the sanctuary is 40 feet 6
inches to accommodate the feeling and openness of the sanctuary and to allow a second story for
seating.
Opposition:
Dwayne O'Neal, attorney with Lewis and Kappes, 1700 One American Square, Indianapolis, IN,
on behalf of North Pointe Bay Condominium Association and the people who live south of 96
Street. They were presented with the plans last Wednesday and are requesting a continuance
until the next meeting so that they had an opportunity to review the petition with regard to the
location of the entrance and additional paving.
Rebuttal:
Mr. Kemper stated the entrance being relocated was at the request of the County Highway
Department. The passing blister will be constructed within the right -of -way and no additional
right -of -way will be acquired from the North Pointe Bay owners. There will still be fourteen feet
of right -of -way between the edge of the pavement of 96 Street and the right -of -way line. In
addition there will be fifty feet between the right -of -way and the nearest building corner.
Jon Dobosiewicz gave the Department Report. He added that with regard to right -of -way
dedication along Towne Road and 96 Street, the Department would ask the Board approve the
request subject to dedication pursuant to the Thoroughfare Plan along both Towne Road and 96
Street. The Department, in conjunction with the Highway Department, requested the petitioner to
make the modification to provide two new points of ingress and egress while closing the existing
cuts which are closer to the intersection of Towne Road and 96 Street. The passing blister is a
typical improvement the Board requires at locations that generate this degree of traffic and will
enhance public safety along the right -of -way.
Mrs. Plavchak asked if notice was made to the neighbors?
Mr. Dobosiewicz replied that notice was made either to the association or individual owners July
2, 2003.
Discussion followed regarding the entrances and right -of -way on 96 Street.
Len Wolfson, Wolfson -Young Architects, 9510 Ross Lane, Indianapolis, IN. An artist rendering
was shown. The materials will match in brick and coloring.
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Public in opposition:
Pam Delsorto, 2612 Chase Link Court, North Pointe Bay Condos. She lives on 96 Street and
her home will be 100 feet west of the new entrance and within 200 feet of the existing Condo
exit. She does not feel the passing lane is for the betterment. The speeding traffic will be closer
to the homes. She would like a barrier.
Kathy Baker, 2562 Chase Way Court, North Pointe Bay Condos. She had a petition with 48
signatures that states they are concerned about the passing berm.
Discussion followed regarding the turning lane and highway modifications.
Mr. Kemper stated the County Highway Department requested the new 96 Street entrance be
moved further west so that it would be as far away as possible from the 96 Street and Towne
Road intersection to reduce the traffic impact and stacking problems that currently exist.
Discussion followed regarding tabling the variances until the North Pointe Bay Condos
Association could contact the County Highway Department regarding moving the entrance and
adding the passing blister on 96 Street.
Mr. Dierckman moved to approve, subject to the County Thoroughfare Plan, SU -62 -03 and V-
69-03, College Park Baptist Church. The motion was seconded by Mrs. Plavchak and
APPROVED 5 -0.
3h. H &R Block -East 98th Street (V- 70 -03)
Petitioner seeks the following Development Standards Variance:
V -70 -03 903060002 §25.07.02 -1Ob second wall sign
The site is located at 3003 E. 98th St 9006, and the site is zoned B -3 in the US
431 Overlay.
Filed by Kevin Phillips of Freeman Sign Co. on behalf of H &R Block.
Present for the Petitioner: Kevin Phillips, 7078 West Galen Drive, Avon, IN, Tom Spencer,
Meridian Management, owner of the property and Kevin Dolen H &R Block. An aerial view and
digital photo were shown. H &R Block has changed its sign criteria to match the office park
signs. The new sign will be placed on the southwest elevation. The green logo has been deleted.
The sign is approximate thirty feet in the air. There is no public safety access to area. It is a low
key self illuminated sign with black -white Plexiglas. During the day it shows up as black and at
night it is low -key grayish color. The sign is individual channel letters mounted on a raceway
and self contained. The letters are 18 inches and overall expanse is 28 feet.
Members of the public were invited to speak in favor of or opposition to the petition. No one
appeared.
Jon Dobosiewicz gave the Department Report. This item appeared before the Plan Commission
Special Studies Committee on May 13, 2003 and received approval as far as design. The petition
is for an additional sign, both oriented toward Keystone. The Department is recommending
favorable consideration subject to the findings as recommended by the Department as presented.
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Discussion followed regarding the number of sign variance requests for additional signage. The
Sign Ordinance was adopted to prevent this sort of thing.
Mr. Dobosiewicz reported that the Department agreed with the Board's assessment. It is rare the
Department recommends additional signs.
Mr. Dierckman moved to approve V -70 -03 H &R Block -East 98 Street. The motion was
seconded by Mrs. Plavchak and APPROVED 4 -1 with Mr. Weinkauf casting the negative vote.
4h. Meridian Technology Center Building F, 501 Congressional Boulevard (V-
71-03)
Petitioner seeks the following Development Standards Variance:
V -71 -03 #03060008 25.07.02 -10c larger than required directory sign
The site is located at 501 Congressional Blvd, and the site is zoned B -6 /Business.
Filed by A Sign By Design on behalf of Duke Realty LP.
Present for the Petitioner: Sherry Marchbanks, A Sign by Design, 5008 West 96 Street,
Indianapolis, IN. The July Special Studies Committee suggested contacting the Park Association
regarding this directory sign. The Park Association has given their approval and stated Building
701 and Building 111 have similar signage with the same height and length. Copies of the Park
Association's approval were given to the Board members. The sign needs to be this size to list
the tenant, because there is no other way to list the tenant.
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 negative
consideration of this petition. Things to consider would be the number of tenants within the
building and at what point a standard is established to accommodate the number of tenants.
Discussion followed regarding how tenants are currently identified and size of signs allowed
under the Sign Ordinance.
The tenants are identified by similar signage and there are address numerals on the buildings and
building name. The directory sign is allowed by ordinance to be 20 square feet. The proposed
sign is 60 square feet.
Mrs. Plavchak moved to approve V -71 -03 Meridian Technology Center Building F, 501
Congressional Boulevard. The motion was seconded by Mr. Dierckman.
After some discussion of the other signs in this area, Mr. Dierckman withdrew his second. Mrs.
Plavchak declined to withdraw her motion. The motion died for lack of a second.
Mr. Weinkauf moved to table V -71 -03 Meridian Technology Center Building F, 501
Congressional Boulevard for 30 days for the purpose of obtaining additional information on
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other signs for this complex. The motion to table was seconded by Mr. Dierckman and
APPROVED 4 -1 with Mrs. Plavchak casting the negative vote.
5h. Carmel Foot Ankle 277 E. Carmel Drive (V- 72 -03)
Petitioner seeks the following Development Standards Variance:
V -72 -03 903060009 §25.07.02 -09b ID sign showing 2 of 3 tenants
The site is located at 277 E Carmel Dr, and the site is zoned B -8 /Business.
Filed by A Sign By Design on behalf of Miller Enterprises.
Present for the Petitioner: Sherry Marchbanks, A Sign by Design, 5008 West 96 Street,
Indianapolis, IN. The Special Studies Committee referred this petition to this Board because the
third tenant requested in writing not to be on the sign. The Sign Ordinance states, "...all building
tenants shall equally share the sign area." They are allowed more square footage, but they prefer
to stay with the original sign cabinet and only change the face of the sign.
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 recommends negative
consideration because the ordinance requires all three tenants to be placed on the sign. Unless the
Board can find a condition that meets the third finding, which is the strict application of the
terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the
property. The Department was not able to make that finding.
Discussion followed regarding the Sign Ordinance requirements.
Mr. Dierckman made a formal request that the Plan Commission evaluate the Sign Ordinance
and eliminate the requirement for each tenant to be named on the sign.
Mrs. Rice pointed out the sign violations on the property.
Joanne Jones, 277 E. Carmel Drive. They had told the tenant about the illegal sign. The
hazardous waste box is a locked lab pick up box for the doctor's office.
Mr. Dierckman moved to approve V -72 -03 Carmel Foot Ankle 277 E. Carmel Drive. The
motion was seconded by Mrs. Rice and APPROVED 5 -0.
6h. Carmel City Centre— SW Corner of City Center Dr and 3rd Ave SW
(V- 73 -03)
Petitioner seeks the following Development Standards Variance:
V -73 -03 #03060023 25.7.03 -3(b) 2 temporary real estate signs
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Carmel/Clay Advisory Board of Zoning Appeals
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The site is located at the southwest corner of City Center Dr. and 3rd Ave SW,
and the site is zoned C -1 /City Center.
Filed by Paul Reis of Drewry Simmons Pitts Vornehm, LLP on behalf of
Kosene Kosene.
Present for the Petitioner: Tad Miller, 4495 Saguaro Trail, Indianapolis, IN. The signs will be on
private property. They are for selling two different projects, one is a townhome and the other is a
condominium project. Two signs are needed for visibility on this low traffic street with a barrier
wall. Ninety percent of their sales are from drive -by customers. They do not feel the signs will be
an eyesore nor decrease property value.
Opposition:
Natalie Bontreger, City Center Townehomes, adjacent to this property. She felt the Sign
Ordinance was adequate and provided for an ample sign.
Rebuttal:
Mr. Miller stated the sign variance is not about size, but is about placement of the sign so that it
can be read from Third Avenue and City Center Drive.
Mr. Dobosiewicz gave the Department Report. The Department is recommending negative
consideration and directed the Board's attention to the Findings of Fact. The Department cannot
find that visibility at that intersection is affected by the number of signs. The signs will not be
readable from that intersection. It is not the intent of the Sign Ordinance to provide visibility at
that great distance.
Discussion followed of the actual signs for the townhouses and the condominiums.
Mr. Dobosiewicz stated that the original petition did not indicate two different projects. Based
upon that information, the Department would recommend favorable consideration.
Mr. Weinkauf moved to approve V -73 -03 Carmel City Centre SW Corner of City Center
Dr. and 3 "a Ave. SW with the condition the temporary signs be limited to 24 months or attaining
80% sales pertaining to each specific development. The motion was seconded by Mr. Dierckman
and APPROVED 5 -0.
7 -9h. Carmel Cemetery (UV- 74 -03, V- 75 -03, V- 76 -03)
Petitioner seeks the following Use Variance:
UV -74 -03 903060025 §23B.4 special use in US 31 Overlay Zone
Petitioner seeks the following Development Standards Variances:
V -75 -03 903060026 §23B.08.02.A side rear yard adjacent to R -1
V -76 -03 903060027 Alternative Transportation Plan 12' dedicated trail
The site is located at 900 N Range Line Road. The site is zoned R -1 /Residential
within the US 31 Overlay Zone.
Filed by Ronald Bussell on behalf of the Carmel Cemetery Association.
Present for the Petitioner: Ron Bussell, 703 Pre -Med Lane, Carmel, IN. Eric Moffitt, President of
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Carmel Cemetery Board and Todd Andrews, Cemetery Manager and Board Member were also
present. Photos were shown. Site plan of expansion was shown. The setback next to an R -1 area
would normally be 45 feet. The expansion would have 30 -feet including an area for landscaping
plus the 60 feet of the Monon Trail, which will make the expansion 90 feet from the residential
property. A trapezoidal shaped area will be used and dedicated to the City for the Cool Creek
Trails expansion. The ten -foot setback will be a landscaping area. The remaining vacant land is
zoned R -1. It is part of a parcel that is zoned business and is in the floodplain. The area for the
requested reduced setback is a substantial distance from any residential use property. They are
requesting that the Cemetery Association be relieved from building the trail in exchange for their
dedication of the property, so the City can build the trail as them deem fit. The Use Variance is
for the expansion area that is all adjacent to the existing cemetery. It was acquired either as a part
of the plat or was a new part that was acquired almost thirty years ago. It has always been
intended for use as cemetery and there is no access to this area other than through the cemetery.
The use is appropriate to meet the needs for additional cemetery space as the old part of the
cemetery is near full occupancy.
Favorable:
Don Dunkerly, 891 Copperwood Drive, Carmel, IN. He and his wife had donated four and a half
acres about thirty years ago to be part of the cemetery. Natural barriers surround the area. He is
in favor of the expansion.
Mr. Dobosiewicz gave the Department Report. The setbacks prescribed within the ordinance are
designed to protect adjacent residential lots and as indicated by the petitioner, the proximity of
residences is significant. The adjacent properties zoned residentially are the Monon Trail and the
proposed Cool Creek expansion. The Department requests that the Board approve V -76 -03
subject to the dedication of the area identified on the site plan as trail easement. The Department
recommends favorable consideration of the Use Variance.
Mr. Weinkauf asked if the cemetery is set off from the Monon Trail and Cool Creek Trail or
could someone cut through the landscaping and get to the cemetery? Do you foresee the
possibility of vandalism without fencing?
Mr. Bussell responded there is come concern about vandalism, although there has been nothing
significant at this site. The area along the Monon Trail is now separated by a chain link fence
erected by the City as part of the required dedication for the Monon Trail. They have suggested
to the Engineering Department that a chain link fence be erected for the Cool Creek Trail.
Without a fence there would be access. There are plans to work with the City regarding this area.
Mrs. Rice felt the wording regarding cemetery decorations should be very specific. She wanted
to know how the Cemetery Association deals with decorations that are not listed.
Todd Andrews, Cemetery Manager, 873 Hawthorne Drive, Carmel, IN. November 1 to March 1
is when no grass is cut, so decorations may be put on the ground. The hanging baskets on
shepherd hooks are allowed. The rules try to cover things that are not allowed.
Mrs. Rice moved to approve UV -74 -03 Carmel Cemetery. The motion was seconded by Mrs.
Plavchak and APPROVED 5 -0.
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Mrs. Plavchak moved to approve V -75 -03 Carmel Cemetery. The motion was seconded by
Mrs. Rice and APPROVED 5 -0.
Mrs. Rice moved to approved V -76 -03 Carmel Cemetery. The motion was seconded by Mr.
Weinkauf.
Mrs. Rice amended her motion to include subject to dedication in fee simple for the Cool Creek
Trail. The amendment was seconded by Mr. Weinkauf.
The amended motion was APPROVED 5 -0.
I. Old Business
li. 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, IN. She recapped her
Use Variance. Pictures were shown. She felt the designated use for the property is impractical
since the right -of -way now goes through the house. Medical waste was addressed at the last
meeting. As a doctor, she is required to comply with all federal and state regulations regarding
all hazardous medical waste. There is a company that will come to the house and pick up all
biohazard labeled containers. By letter, she invited all the adjoining neighbors to her home to
discuss their concerns. The neighbors she talked with were supportive and excited to have a
veterinarian in the neighborhood. She had also talked to realtors from F C Tucker and Century
21 for a professional opinion regarding property values with a business in the neighborhood.
They did not see a problem with this type of business in a residential neighborhood. The property
appraiser she contacted also gave her the same opinion. The appraiser suggested she contact
Mark Rattermann. Mr. Rattermann told her that giving his opinion would not be appropriate
because he is an elected official. He did volunteer his time to come to her home for the July 10
meeting.
Rebecca St. Andre, 1838 E. 64 Street South Drive, gave the minutes for the July 10 meeting.
Forty -one invitations were given out. Present were Dr. Mary Wade, Rebecca St. Andre, Mark
Rattermann, Beth Stevens, a realtor with F C Tucker, Al Koeske, President of Foster Estates
Homeowners Association, Robert and Jeanne Beebe, east side neighbors, and Dr. Eric Marcotte.
The concerns expressed regarding a veterinary practice in the home were decrease of property
values, undesirable signage, noise level, and increase in traffic. The biggest concern was that this
would become a rule of thumb in Carmel. Each concern was addressed. This is not a boarding
kennel. An average home has ten trips per day and the maximum Dr. Wade would have at peak
time would be sixteen. This is a unique situation and no other home in the area would have this
opportunity. The conclusion of that meeting was extremely positive. She and Dr. Wade told the
neighbors they would talk over the concerns and reach a compromise. They would provide a
written compromise of their concerns and how they could still practice medicine.
Dr. Wade had four written commitments she delivered to the neighbors.
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Carmel/Clay Advisory Board of Zoning Appeals
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1. Furry Family will be a veterinarian clinic only and not a kennel facility. This
should address all concerns of noise.
2. The exterior of the house will remain residential in character.
3. She agreed to commit to a sign no larger than fifteen square feet, although twenty
square feet is allowed by the Planning Department. She intends to start with a sign
on the mailbox only. The larger sign will only be used if a larger sign is needed
for her patients to see.
4. Revisit this variance in 24 months.
Mrs. Rice asked how this one residence is part of Taylor Trace, which is a new development.
Mr. Dobosiewicz stated that when this subdivision was platted this existing home site was placed
on a lot within the proposed subdivision. It is lot 12 of the subdivision. The developer purchased
the entire tract including this house at the time the subdivision was proposed.
Discussion followed regarding the covenants for Taylor Trace and this property being used for
business. The covenants are deed restrictions. An animal hospital or commercial kennel is not a
permitted home occupation.
Discussion followed regarding the traffic. The County Highway Department allowed the
driveway to stay open because it is only a single family house. Sixteen round trips from clients
would be thirty -two trips in addition to the normal ten trips for a residence, which would be a
total of forty -two trips. The Department had not been provided a copy of reports from realtors or
property appraisers. The Department has also not received a copy of the written proposed
conditions under which they would seek approval.
Don Dunkerly, 891 Copperwood Drive, Carmel, IN. He was not in attendance at the meeting
July 10. He is a realtor and felt this would disrupt the residential area. He felt the home values
would be affected.
Mrs. Rice wanted to hear more about how this house got sold with the idea it could be something
like this.
Mr. Dierckman felt they would be entering into a point regarding a private contract. He did not
know what kind of impact that should have on this kind of decision.
Mr. Weinkauf mentioned the domino affect of more businesses. He stated this is not a precedent
setting board and decisions that are made on one particular petition do not carry over to other
petitions.
Mrs. Plavchak asked about the plan for this house if Dr. Wade had not purchased it. It sits near
the corner of two busy roads and off to the side of the subdivision. How likely is it that it would
have been developed into part of the subdivision? Would it have been demolished?
Mr. Dobosiewicz felt the home had been marketed as a single family residence within the Taylor
Trace subdivision. The house does not lie within the right -of -way. The dedication of a different
right -of -way was made to the County on either side of the house. The house was allowed to
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Carmel/Clay Advisory Board of Zoning Appeals
July 28, 2003
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remain because it did not obstruct construction or operation of the sidewalk and trail. It was
portrayed to the Plan Commission as a house on a lot within the subdivision.
Discussion followed regarding the home's location since the 146 Street expansion.
Mr. Dierckman moved to approve UV -61 -03 Taylor Trace, Lot 12 Wade Veterinarian:
Furry Family for a period of 24 months; upon expiration of the 24 months, the petitioner would
be required to go through the process again for renewal. The motion was seconded by Mr.
Weinkauf and DENIED 2 -3, with Mr. Dierckman, Mr. Mohr, and Mrs. Rice casting the negative
votes.
J. New Business
There was no New Business.
Legal Counsel Report was given by John Molitor. He has had further discussions with
representatives of Martin Marietta on the proposed special meetings to hear the new applications
for their proposed use of the Mueller property on the north and south sides of 106 Street at
Hazel Dell Parkway. The Department is recommending a Special Meeting on Monday,
September 29, 2003 at 7:00 PM for the petitions for approval to mine the south parcel, one of
which involves surface mining and two of which involve underground mining. A second Special
Meeting is recommended for Monday, October 13, 2003 at 7:00 PM for the petitions for the
north parcel, one for surface mining, one for underground mining, plus any continuation that
might be needed from the prior meeting. Then the petitioner, Martin Marietta, would be notified
of any continuation from those two meetings. Those would go onto the Regular Meeting of the
Board on Monday, October 27, 2003 in the Old Business portion of the agenda. The Department
is considering having a special Technical Advisory Committee meeting on August 27, 2003 to
last as necessary, perhaps for the entire day, to review all five of the petitions.
Discussion followed regarding the previously denied Martin Marietta petitions. Any petition that
is denied can be revisited in six months, including Dr. Wade's, as along as pending litigation has
been settled or dismissed.
Mr. Dierckman explained his negative vote on UV- 61 -03. He was concerned about the number
of trips and the curb cut. He was also concerned about a 24 -month permit. That would take away
a contractual standpoint and argument with the seller. Mrs. Rice and Mr. Mohr concurred.
Mr. Molitor reiterated that the Board should schedule these special meetings. The Docket
numbers will be issued only upon resolution of the litigation.
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K. Adiourn
Mr. Dierckman moved to adjourn. The motion was seconded by Mrs. Plavchak and
APPROVED 5 -0.
The meeting was adjourned at 9:55 PM.
Michael Mohr, President
Connie Tingley, Secretary
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