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HomeMy WebLinkAboutMinutes BZA 01-25-11 ar�e Rsy City of C 1 1 fi r NO, /NDIA0 MINUTES Carmel, Board of Zoning Appeals Regular Meeting Tuesday, January 25, 2011 6:00 pm Council Chambers Present: James Hawkins, President Kent Broach Leo Dierckman Earlene Plavchak Ephraim Wilfong Connie Tingley, Recording Secretary Staff members in attendance: Angie Conn, Planning Administrator Mike Hollibaugh, Director, Department of Community Services Legal Counsel: John Molitor Douglas Haney Election of Officers: On a motion made by Leo Dierckman and seconded by Kent Broach: James Hawkins be elected President of the Board of Zoning Appeals. MOTION CARRIED UNANIMOUSLY On a motion made by Leo Dierckman and seconded by James Hawkins: Ephraim Wilfong be elected Vice President of the Board of Zoning Appeals. MOTION CARRIED UNANIMOUSLY Previous Minutes: On a motion made by Leo Dierckman and seconded by Kent Broach: The Minutes for the meeting dated September 27, 2010 were approved as circulated. MOTION CARRIED UNANIMOUSLY Department Report: Angie Conn Nothing to report Legal Report: Douglas Haney Mr. Molitor, Mr. Dierckman, and Mr. Wilfong recused themselves for discussion of 646 Johnson Drive as members of the opposing party /Plan Commission City Attorney Douglas Haney reported on the 646 Johnson Drive litigation Page 1 of 3 Carmel Board of Zoning Appeals Jan. 25, 2011 o Motion for summary judgment filed by plaintiffs on December 15, 2010, before Judge Felix o January 3, 2011 Judge Felix issued order for summary judgment o Johnson Acres Homeowners' Association covenants and restrictions prohibit garage o Court ordered defendant to demolish and remove the structure o Set hearing for January 25, 2011 for damages o Defendant requested continuance o Matter still before Judge Felix to discuss damages; not substance of complaint Recommend continue to leave on agenda as tabled until judicial process completed Legal Report: John Molitor Working with Committee of the State. Bar Association on update legislation regarding Planning and Zoning Statute; HB 1311 Public Hearing: 1 -2. Pilgrim Lutheran Church The applicant seeks the following special use amendment and development standards variance approval for a new building: Docket No. 10110009 SUA Ordinance Chptr 5.02: Church in S -1 district Docket No. 10110010 V Ordinance Chptr 5.04.01: Maximum 35 -ft height The 19 -acre site is located at 3650 W. 106 Street and is zoned S1 /Single Family Residential. Filed by Gerald Powell of Pilgrim Lutheran Church of Indianapolis, Inc. Present for the Petitioner: Jon Dobosiewicz, and Charles Frankenberger, Nelson Frankenberger; Pastor Al Goertemiller, Gerald Powel, Dan Montgomery, Pilgrim Lutheran Church; Eric Carter, Weihe Engineers; Jack Munson, Project Architect Site location map: north side 106 Street, west of Shelborne Road; adjacent to Carmel Fire Station on NW corner Church currently located at I -465 and U.S. 31, near highway improvements Received Special Use approval in 2002 for replacement site Per approvals, plan to begin construction by July 22, 2012 Site plan and building design shown for approvals Access from 106 Street Underground gas pipelines north of building; cannot be built upon Playground and parking layout behind building Accessory building for maintenance Dumpster enclosure Ground monument sign at 106 Street entrance Proposed future phase and parking locations shown Predominately masonry with cultured stone accents near windows Asphalt shingle roof Two -story with same materials used throughout Attic above for storage 35 feet 11 5/8 inches proposed height Bell tower not in initial phase; pending funding Site landscaping and lighting both in compliance Page 2 of 3 Carmel Board of Zoning Appeals Jan. 25, 2011 Public Hearing Closed Department Report: Angie Conn: Re- approval of 2002 SU with more details of building and landscaping Thorough submittal Plans reviewed by TAC members Department recommended positive consideration Discussion: Bell tower design similar to proposed church All materials identical to primary construction o Confident of industry manufactured match for future construction Motion: On a motion made by Leo Dierckman and seconded by James Hawkins: Docket Nos. 10110009 SUA and 10110010 V, Pilgrim Lutheran Church, be approved, for Church in S -1 district and maximum 35 -ft height. MOTION CARRIED UNANIMOUSLY Old Business 1. Tabled Indefinitely: 646 Johnson Drive Appeal (in Johnson Acres subdivision) The applicant seeks the following permit issuancc appeal: 1 1 1 1 1 1 1 1 1 1 1 The site is located at 616 Johnson Drive and is zoncd R1/Residential. Filed by Howard Holly Green, John Beryl Colosimo, James Laura Dunn, Judy Wagner, and Michael Susan Shaw, neighbors. Adjournment Motion: On a motion made by Leo Dierckman and seconded by Earlene Plavchak: The Meeting be adjourned. MOTION CARRIED UNANIMOUSLY The meeting adjourned at 6:20 PM. Approved this Z -SI day of /l f 20 L J/ Jam. 2 72,,, .2 fi Prey en James R. Hawkins Secretary Con Tin ley File: 20110125.doc Page 3 of 3