HomeMy WebLinkAboutMinutes BZA 10-28-96CARMEL /CLAY BOARD OF ZONING APPEALS
OCTOBER 28, 1996
The regularly scheduled meeting of the Carmel/Clay Board of Zoning Appeals was brought to
order by the Vice President at approximately 7:00 PM in the Council Chambers of City Hall,
Carmel, Indiana.
Members present were: Mary Ann Burke; Dick Klar; and Alan Klineman.
Mark Monroe was present and represented the Department of Community Services; John
Molitor, Counsel, was also present.
The minutes of the previous meeting were approved as submitted.
Upon motion made by Dick Klar and duly seconded, the December meeting was suspended.
H. EXECUTIVE SESSION:
lh. John Molitor reported that the Board met in executive session at 6:30 to discuss the
Oldham Variance (V- 40 -96) pending litigation. No vote was taken and no consensus was
reached; the Board will again meet in executive session prior to November Public
Hearings.
For the record, Mrs. Oldham and her counsel, and Rex Weiper and his counsel were
present at the Board meeting, but it was decided that any presentation or discussion would
not take place until such time as all five Board members could be in attendance.
L PUBLIC HEARING:
li. Herman Variance (V- 58 -96)
Petitioner seeks a variance of Section 2.4 of the Carmel/Clay Zoning Ordinance to create
lots without frontage on a public street. The petitioner wishes to create 4 lots from 17
acres. The site is located on the east side of West Road, just north of the intersection of
126th Street and West Road. The site is zoned S -1 /Residential.
Filed by Stanley Herman.
Stanley Herman appeared before the Board and requested a zoning variance to create lots without
frontage on a public street. The site is presently known as Brendun (Apple) Orchard situated in
Hamilton County, Clay Township. The rural characteristics of the land will be maintained and
will also conform to the existing, surrounding properties.
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The present barn on the property will be preserved, landscaped, maintained, and used by the
petitioner for woodworking. The private road to service the four tracts will be paved and will
also serve two homes on the north and south of the private drive which face West Road. The
private drive, drainage, and other amenities will comply with the government agencies having
jurisdiction. The proposed four tracts will be remote, hidden by the homes and woods that face
West Road. Many of the apple trees on site will be integrated into the overall landscape plan. A
Homeowners Association will be formed to provide funds for maintenance, repair and snow
removal of the private drive. If the Variance is granted, the petitioner will have architectural and
landscape approval prior to the start of construction on the homesites.
Members of the public were invited to speak in favor or opposition to the proposed project; none
appeared and the public hearing was closed.
Mark Monroe reported that the Department is recommending approval as submitted.
Upon motion made by Dick Klar and duly seconded, Herman Variance (V- 58 -96) was
approved.
2i. Liberty Health Care Assisted Living Center (UV- 59 -96)
Petitioner seeks a Use Variance to operate a 35,000 square feet assisted living center on
5.54 acres. The site is located at the northwest corner of 116th Street and College
Avenue, on the west side of Technology Drive. (The petitioner will also be appearing
before the Plan Commission on November 19th for Architectural Design, Lighting,
Landscaping and Signage approval.) The site is zoned B -6 /Business.
Filed by Phil Nicely of Bose, McKinney and Evans.
Phil Nicely and Steve Granner of Bose, McKinney and Evans, 8888 Keystone Crossing, appeared
before the Board representing the applicant. The petitioner is requesting a Use Variance to allow
for the development of an assisted living facility to be located at 11616 Technology Drive, in the
Meridian Technology Center.
Also appearing for the petitioner were: Sharon Oswald, Director of Development for Liberty
Health Care, Bruce Hagen of Paul I. Cripe Engineering, and Bo Rusk, architect.
Liberty Health Care is located in Naples, Florida and currently has 18 assisted living facilities
located in seven states; it is anticipated that an additional 12 facilities will be open by 1998. The
proposed facility will consist of one story, 35,000 square feet, contain 54 units, and will be staffed
24 hours /day. The parking facility will accommodate 35 spaces or one space per one and one -half
rooms and felt to be adequate. The average age of the residents is 82 years.
Members of the public were invited to speak in favor or opposition to the proposed project; none
appeared and the public hearing was closed.
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Mark Monroe reported that the Department had researched the parking facilities and determined
the number of spaces to be appropriate; the Department is recommending approval. This project
will appear before the Carmel Plan Commission for Architectural Design, Lighting, Landscaping
and Signage review in November.
Alan Klineman felt that the location was inappropriate for the proposed use due to the amount of
traffic on 116th Street.
Bo Rusk with Architectural Concepts reported that the site of the former Arbors Hospital had
been considered, but that it was not economically feasible to make the required changes for an
assisted living facility. Mr. Rusk reported that the project will beset back from 116th Street and
separated by a berm; the facility is also on a cul -de -sac.
Upon motion made by Dick Klar and duly seconded, Liberty Health Care Assisted Living
Center (UV- 59 -96) unanimously approved.
There being no further business to come before the Board, the meeting was adjourned at 7:40
PM.
Mary Ann Burke, Vice President
Ramona Hancock, Secretary
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