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F I R 1'ONAR, t W
MINUTES
Carmel Board of Zoning Appeals
Regular Meeting
Monday, September 27, 2010
6:00 pm
Council Chambers
Present: James Hawkins
Leo Dierckman
Earlene Plavchak
Ephraim Wilfong
Kent Broach (absent)
Connie Tingley, Recording Secretary
Staff members in attendance: Angie Conn, Planning Administrator
Mike Hollibaugh, Director, Department of Community Services
Legal Counsel: John Molitor
Previous Minutes:
On a motion made by Leo Dierckman and seconded by Earlene Plavchak:
The Minutes for the meeting dated August 23, 2010 were approved as circulated.
MOTION CARRIED UNANIMOUSLY
Department Report: Angie Conn
Nothing to report
Legal Report: John Molitor
Nothing to report on pending litigation involving proposed cell tower on Towne Road
No items on next month's regular agenda; recommend Executive Session in regular meeting time
slot to discussion litigation
Item li, 646 Johnson Drive Appeal moving forward
o Plan Commission and neighbors have filed motion for Summary Judgment which is
pending before the Court
o Expect to have something additional to report by next month
o Should remain Tabled indefinitely
Public Hearing:
lh. Lathrop Garage
The applicant seeks the following development standards variance approval:
Docket No. 10080005 V Section 7.04.03.A Encroachment into front yard setback
The site is located at 11399 Central Drive East on 0.42 acre and is zoned R1 /Single family residential.
Filed by Anthony Lathrop, owner
Page 1 of 4
Carmel Board of Zoning Appeals
September 27, 2010
Present for Petitioner:
Anthony Lathrop, owner
Very small two -car garage; pictures shown
Need larger space to ease access for in and out of vehicles
Provide space for children to play and sewing area
New garage in front of and wider than existing garage
Rendering shown
Strange shaped corner lot
Setback line does not follow contour of road; straight line across property
Need to build in front of setback line
Currently long driveway with house set back from road further than neighbors' homes
Public Hearing closed
Department Report:
Angie Conn
Many valid points
Lot is unique shape
Platted setback line does not follow curve of street
Department recommended positive consideration
Clarification:
"After all concerns have been addressed" noted in Department Report's recommendation is
standard text to address any questions from the public.
Motion: On a motion made by Leo Dierckman and seconded by James Hawkins
Docket No. 10080005 V, Lathrop Garage, for encroachment into front yard setback, be
approved.
MOTION CARIED UNANIMOUSLY
2 -3h. 106 St Insurance Office
The applicant seeks the following development standards variance and use variance approvals:
Docket No. 10080007 UV Appendix A: Use Table Office use in Rl/Residential District
Docket No. 10080008 V Section 27.03.01 Gravel parking lot
The site is located at 601 E 106 St on .28 acre and is zoned R1 /Single family residential within the Homeplace
Business District.
Filed by Gordon Smith
Present for Petitioner:
Gordon Smith, owner, current office at 10411 N. College
Convert HUD repo house into office space for insurance agency
Mr. Smith and his son are the employees; maybe add one or two agents
Former residential rental property
Before and after photos shown
Updated property: new gutters, downspouts, exterior paint, windows, roof, removed
overhanging trees
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Carmel Board of Zoning Appeals
September 27, 2010
No remonstrance; neighbors in favor
Located in Homeplace Business District
Light business: 8:00 am to 5:00 pm, no night time activity or lights
Variance to add 4 parking spaces with asphalt rather than gravel; no curb
Will need to provide bike racks
Agreement with Urban Forestry to add trees
Public: Favorable
Michael Alexander Powell, 670 Arthur Drive
Located around corner
Bought his property at sheriff's sale in 2004
In favor of Mr. Smith cleaning up home
Public Hearing closed
Department Report:
Angie Conn
Use Variance will keep property zoned residential
Outstanding issue: installing sidewalk along Barmore Avenue or contributing money to City
Sidewalk Fund
Department recommended positive consideration
Discussion:
Sidewalk exists along 106 St; controlled by County at this time
Not aware of future County plans
Need to install 5 -foot sidewalk along Barmore or contribute to non reverting thoroughfare fund
Could approve with condition to coordinate with David Littlejohn, Alternative Transportation
Mr. Smith aware deed restriction dating back to 1950's
o Likely no longer enforced
o Aware that Neighborhood Association could try to enforce deed restriction
Landscaping design covered in petition
Motion: On a motion made by Leo Dierckman and seconded by Ephraim Wilfong:
Docket Nos. 1008007 UV and 10080008 V be approved for office use in Rl /Residential
District and for a curbless parking lot with the Condition of working with Staff on sidewalk
requirement along Barmore Avenue.
MOTION CARIED UNANIMOUSLY
Old Business
li. 646 Johnson Drive Appeal TABLED INDEFINITELY
The applicant seeks the following permit issuance appeal:
Docket No. 09020014 Appeal Appeal of Permit No. 09010003 A ccessory Structure Size
The site is located at 646 Johnson Drive and is zoned R1 /Single- family residentia
Filed by: Howard Holly Green; John Beryl Colosimo; James Laura Dunn; Judy Wagner; and Michael
Susan Shaw, neighbors.
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Carmel Board of Zoning Appeals
September 27, 2010
Adjournment
Motion: On a motion made by Leo Dierckman and seconded by James Hawkins:
The Meeting be adjourned.
MOTION CARRIED UNANIMOUSLY
The meeting adjourned at 6:20 PM.
Approved this "Z 511Aday of v1 at '-'"y 201 r
President James R. Hawkins Secretary o f ingley
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