HomeMy WebLinkAboutMinutes BZA 07-25-88 CAMEL,BOARD OF ZONING. APPEALS MINUTES JULY 25, 1988
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The regular meeting of the Carmel Board: Zoning- Appeals was called to order by
the chairman, Gilbert Kett, at 7:05 P.M., July 25,.1988 at the City Meeting Hall. The
,meeting opened with the Pledge of Allegiance.
Roll was called and members present were: Gilbert Kett, Ila Badger,..7bm Irvin and
Hal Thompson.;;. Jeff Davis was absent.
Staff members in attendance were: Wes Chuck Kiphart, David Cunningham,
Rick Brandau, Gordon Byers and Buddy,,,McCart for Dorthy.Neisler.
'Mete 'Wete no "additions or corrections to the minutes of the June 27, 1988 meeting
and Mrs.' Badger moved -that they be :approved as submitted
Seconded by M r. Th ompson.
Moton_Carried.
I OLD BUSINESS.
-1i., 7 :00 P :M. Public Hearing:' on. Docket No S a. Special Use, Application for
Indianapolis. Water, Company and a parcel of- .land, located at 11825,River Road,
Carmel. Applicantis proposing to construct a water- treatment and storage
plant. Paroel'is: zoned S -1.
Filed by S. S.Lyons,- Senior Vice President of Engineering for Indianapolis Water
Company,
Mr. Kett' two: letters: into; the. record, from Merle C. Stafford," 11908 River
:Road, Carmel stating approval of the request and one from James Daugherty, Utilities
;.Manager, expressing concerns that must be addressed aid assurances that must be made by
the Indianapolis Water Co. to the City of Carmel prior_to, final plan .approval. These
letters are a part of the' o fficial minutes and attached the Master Copy.
Bob Miller, 8221. Sargent.Raod, Indianapolis `.was.- present'stating that Water Company
officials who are toparticipate in the hearing "would -not be,present until 8:00 P.M.
This item was postponed until after 8:00 P.M.
G. PUBLIC HEARINGS
lg. 7 :.00 P .M., Public Hearing on Docket No V.54788 a Developmental Standards
Variance Application for A.B. Young Co Inc.- located at 9655 Bauer Drive,
,Indianapolis; IN. Petitioner.,. is requesting._a variance from Section 14.1
of the..Carmel /Clay Zoning Ordinance,.which'requires 37, parking spaces for
a general office building of 11,200 square, feet.; Petitioner is requesting
to- .permit 30.parking spaces in lieuaof 37., Parcel iszoned B -3.
-.Filed by E. Davis Coots for A..B.Young Co., Inc a
The public hearing opened at 7:15 P.M. with Mr. Coots making,the presentation.
Mr: Coots related that there was, concern regarding ,a drainage.gwale and that he
met with Mr: Kiphart on July 8 and the swale has now.. been- installed.
There are 11.in house employees in the building :on a day by day basis, with a total
of 22 employees, more than 3/4 of, the. building is for warehouse stor -age.
Mr...Coots.said they therefore requested that parking requirements be reduced to
the 30 spaces that have been installed..
Staff recommendations were read as. follows: Staff approval pending:
Petition, relocating locating the :handicapped ramp within two
months. and, that =a,.$3,000 bond or letter of be submitted to
Department tment of- Canrnunity Development to insure that this be done
immediately.
2) Due;.to drainage problems possible on this and surrounding-,. site, the
petitioner commits to maintaining the existing swale and provides
erosion control.
Mr. Coots stated that there is no. problem with conforming with these two requests
by. staff.
No remonstrators were present.
240 CARMEL BOARD OF ZONING APPEALS MINUTES JULY 25, 1988 PACE 2
The public hearing closed at 7 21 P.M.
Mrs Badger questioned the $3,000 bond letter of- credit.
1 Mr.Coots said' they request that this not be required.
Augusts 25, 1988 is the; date set for the drainage and ramp completion.
Mrs., Badger moved that. Docket No -T.$4 -88 be approved as presented this .evening and ti..
that the two staff recorniendations (ire locating the handicapped ramp and maintain the
existing swale and provide erosion control) be met by September 1, 1988.
Seconded by:-Mr. Irvin.
Findings of fact were "scat Ieted'by members
Motion carried 4 to 0`
Mr. Coots informed the-Board of Zoning Appeals that agenda Item 12g. has been tabled
2g. 7:00-P.M., Public Hearing, on Docket No. SUA 56 -88' a_' Special Use Amendment
Application for:Donald` Stephen M. Cochran_ ..and their property located at
1118 S: Range Line Road,- Carmel. Petitioners are requesting to amend their
previously approved special use to change the following::
1) Poured in place full depth curbs -.to pre cast. -6 nail_down curbs at
the rear ;of the 'property,and from "pre, cast 6 -nail down curbs to no
curbing at front of ,the, property.
r 2) Landscaping has been reduced.'
3): Detention has been' moved..from the parking area -to rear of the property.
4)' Drain tile will be 'reinstalled to conform with the:. previous plan to match
this proposed plans::
5) The parking'area installed :does not match what was approved nor does it
match the proposed plans
'''''6) Sign has been moved to "be line with the' other. signs along Range Line
Road, it does meet'sign ordinance requirements. and has permit.
petitioner is requesting approval of these plans proposed. Parcel is zoned
B =3.
Filed by Donald M. Stephen M. Cochran.
Item was tabled until July at the request of petitioner.
The public hearing opened at
728 P. M:• with Don Cochran making the presentation.
'A documented packet was passed to'members.
The recomu endation °of staff :'will =be complied with.
Mr.' that item number one "ofthe staff recommendations is the issue at
`=hand and they request .to amend the 'curbing requirements due to-'costs.
The public._ hearing was closed at:7:34 P.M.
The curbing :they propose:was shown'on the plan.
The. Fire Station in Carmel has same curbing.
Mr of staff caimented that they have problems with the precast 6" nail dawn
r curbs as requested by the petitioner. Mr. said that if it were used they would
,v like to make sure that it would -have some type of standards that would comply to the use
of':precast curbs: Mr. Brandau cited that,. at times of freeze and thaw, these things can
be jacked out of the and that. they cannot be used in an area that is used for
retention or detention`in a parking area." Mr Brandau said if there,is run off between
..the parking ,area and'` into a catch basin of any type there :will be, water going between.
Mr. Brandau also said` "that :the strength of the concrete is a "concern and that it will
hold-Up the test of tine and asthetics the same as a poured in Place curb would.
Mr. Th'onpson moved to ::approve Docket No. SUA 56 -88 as submitted. tonight.
Mr. Irvin seconded:
Ballots were cast and item was approved 4 -0:
CARM L BOARD OF ZONING APPEAL MINUTES JULY 25, 1988 PAGE 3 241
3g. 7:00 P.M. Public Hearing on Docket No. RV 57 -88 a Renewable Variance for
Lynda Lockerbie and her one chair beauty shop located at her residence
at 9612 Guilford Ave., Indianapolis, IN. The original variance from Sec.3.0
of the Carmel /Clay Zoning Ordinance was granted for two years on June 23, 1986.
Property is zoned R-1.
Filed by Lynda Lockerbie.
The public hearing opened at 7:44 P.M. with Lynda Lockerbie making the presentation
for a 2 year variance for a one chair beauty shop in her hone to allow her to work and
remain at home. Her husband is disabled. They reside on a dead end street.
The public hearing closed at 7:47 P.M.
Staff recommends approval per its report.
Mr. Irvin moved to approve Docket No. RV 57 -88 as presented for a two year period.
Mrs. Badger seconded.
Findings of fact were completed by members.
Motion carried 4 -0.
I. OLD BUSINESS
li. Docket No. S 55 -88 continued.
The public hearing opened at 7:50 P.M. with Mr. Joe Broyles, Sr. Vice President
of Operations, Indianapolis Water Co. making the presentation speaking of their present
plants limitations in the ability to supply all the water needs. Mr. Broyles stated that
the White River North Plant to be located on E. 116th Street site, can now be built by
1990 to net these demands.
Mr. Miller, principal project engineer, was present.
The site plan of the project was presented and explained.
A prospective of the site was shown as looking from White River.
The plant base will be back 4500 feet from River Road.
The lighting intensity was shown, shielded down cast sodium vapors.
Mr. Miller showed the landscape plan.
Elevation drawings were shown.
Trees will be about 16 ft. tall.
The outside surface of the structure will be stone with some bronze metal. A photo
was shown.
The plant will be manned 24 hours a day with never more than 3 employees there at
a time.
Donald Anthis, City of Noblesville, 197 W. Washington Street, asked how this project
will effect the City of Noblesville and asked that they have dialogue with the Indianapolis
Water Co. regarding this matter.
Kurt Woerner, Director Corporate Planning for Tcwn of Fishers, 8597 E. 116th Street,
stated that they have the same concerns as Noblesville and that the Indianapolis Water
Co. came to their Town Board Meeting and committed to extending a pipe, if necessary, to
run from the Fishers waste water treatment plant down stream as a result of the water
company project and they commmited that letter would be forthcoming to that effect.
Mr. Anthis questioned if the standards are going to be more stringent for Noblesville,
will it cost their people more.
Mr. Anthis requested that the Board make its motion contingent on Noblesville having
dialogue with the Indianapolis Water Co.
The public hearing closed at 8:25 P.M.
Staff recommends that a mutually acceptable agreement be reached between the Indianapolis
Water Co. and the City of Carmel.
Mrs. Badger moved that Docket No. S 55 -88 be approved this evening with the- contingency
that a mutually acceptable agreement is reached between the Indianapolis Water Co. and
the City of Carmel.
Seconded by Mr. Irvin.
The Board felt that since Mr. Broyles of the Indianapolis Water Co. made a verbal
commitment that they would be willing to meet with the City of Noblesville, that the
motion contingency requested by Mr. Anthis was not necessary.
Motion carried 4 -0.
242 CARMEL BOARD OF ZONING APPEAL MINUTES JULY 25, 1988 PAGE 4
G. PUBLIC HEARING
4g. 7:00 P.M., Public Hearing on Docket No. V 58 -88,a Developmental Standards Variance
Application for William E. Kathryn S. Linville located at 1420 Lawrence Road,
Carmel. Petitioner is requesting a variance from Section 7.4.2 of the Carmel /Clay
Ordinance which requires a minimum front yard setback of 35 feet. Petitioner would
like to construct a garage that encroaches the required setbacks. Property is
zoned R -1.
Filed by William E. Kathryn S. Linville.
The public hearing opened at 8:36 P.M. with,Mr. Linville .making the presentation for
constructing a two -car garage which will encroach the required setbacks.
Mr. Linville related that, when the developer put the road through, they did not-leave
enough roam for the garage without encroaching the line.
Renderings were shown and the landscape plan was presented.
Barbara Lauerman, 1432 Cool Creek Drive across the street from the request, and a
realtor, stated that it was difficult home to sell because it did not have a garage and was
an eye sore. Mrs. Lauerman recommended approval and feels it will improve asthetically.
John Zerke, 1423 Cool Creek Dr., spoke in favor of the project.
The public hearing closed at 8:39 P.M.
Staff recommends approval.
Mr. Irvin moved that Docket No. 58 -88 be approved as presented.
Seconded by Mr. Thompson.
Findings of fact were completed by board members.
Motion carried 4 -0.
5g. 7:00 P.M., Public Hearing on Docket No. SU 59 -88 a Special Use Application for
Carl B. Ora Lee Terry and their property located at.10220 N. Michigan Road.
Petitioner is requesting permission to use an existing commercial structure as a
meting hall for the Trinity Tabernacle Church. The duration of the request is
only for that time that Trinity Tabernacle Church has occupancy. Property is
zoned I -l.
Filed by Mark Bell for Carl B. Ora Lee Terry.
The public hearing opened at 8:41 P.M. with attorney, Jane Merrill, making the
presentation.
Representatives from the church were present.
An aerial photo of the area was shown and the location pointed out.
This is a one story former residence that has since been used as an office building.
The church presently has 25 members and will hold services twice a week.
The surrounding properties are basically commercial or agricultural.
The property does not lend itself well for industrial use.
The I -1 use does not include churches.
Photos of the facility were shown.
A colored drawing of the sign was shown and it does meet the ordinance requirements.
The public hearing closed at 8:48.P.M.
Mr. Brandau of staff clarified that this is a use variance and staff has no regulation
on a use variance and it is up to the Board to put the restrictions on it.
Mrs. Merrill said the parking will accommodate 25 cars.
Staff stated that certain inspections, both local and state, should be made before
occupancy,in order to be brought up to code.
There will be no structural changes to the exterior of the building.
Mr. Thompson recommended that this item be tabled in order for the petitioner to
met with staff to clear up these matters.:
Mr. Thompson moved that Docket No. SU 59 -88 be tabled for 30 days.
Seconded by Mr. Irvin.
Motion carried 4 -0.
6g. 7:00 P.M., Public Hearing on Docket No. V 60 -88 a Developmental Standards Variance
Application for Richard Curry and his home located 10558 Brecken Ridge Drive, Carmel.
,CARMEL BOARD_ OF ZONING APPEAL MINUTES JULY 25, 1988 PAGE 5 2 43
Petitioner is.,requesting a variance from the recorded subdivision plat of Blue
Creek:.Woods Estates that requiring a 30 foot front yard setback. The
petitioners home encroaches :this setback by 4.5 feet: .Property is zoned S -2.
Filed by Joseph J.. Bennett for Richard, Curry.
Mr. Curry was present and requested that this item'be tabled.
7g. 7:00 P.M., Public Hearing on Docket No. V 61 -88`a Developmental Standards
;-'.Var-iannce Application for Northview Christian Life Church and: their property
located at 4710- E Street, Carmel. Petitioner'is.requesting an extension
of 'a- previously approved "'On January `29 1 a two year. variance
was approved from Sections 27.4.1 and 27.4..2 at the Carmel /Clay Zoning
Ordinance requiring`paved off= street parking and curbing surrounding the
parking lot. Parcel is S -1.
Filed by Douglas B. Floyd for Northview Christian Life Church.
Bill Wendling was present and requested i,tenm to be tabled, due to defective notice.
8g. 7:00 P.M., Public Hearing on Docket No. SV 62-'88a Sign Variance Application
for Realty Specialists, Inc. located at 11595 North Meridian Street, Suite 110,
Carmel. Petitioner is requesting a variance from Section 25.7.04 -1(c) of the
Carmel /Clay Sign Ordinance which Only Allows one identification sign per
property frontagePetitioner is requesting a second tenant identification
sign on the west elevations, of the One Penn Mark Plaza Building. Parcel is zoned
B -6.
Filed by Jim Nelson for.Realty Specialists,.. Inc.
The public hearing .opened at: -9':02 P.M. with Mr. Nelson making the presentation.
Tom Lazarra, Realty Specialists, Inc. and Kevin Miller of Browning Investments were
present.
Realty Specialists Co. engages in residential and commercial property.
They have 3 road frontages.
They request an identification sign on the west facia of One Penn Mark Plaza.
A picture was shown and. the. sign location pointed out.
The letters will be ivory and internally illuminated. The sign will be 4' high by
10'7" in length.
A T T also has a sign on this same facia.
The public hearing closed at''9:10 P.M.
This signage request will. be the same color as the -A.T T sign.
Mr. Brandau stated that,staff- recommends denial (per report) due to the following:
1) „does not adhere to :the previously approved sign package.
2) staff feels that this variance from the sign ordinance would .set
a precedence 'for multi -sign facias and with the existing and upcoming
projects.: This: :cou' be a
ld -b serious detriment to the intent and
objectives of the` °Carmel /Clay Sign Ordinance:
Mr., Thompson moved that.` Docket No. SV 62 -88 be approved with the requirement that no
more signs be approved't.he` west facia of the building.
Seconded by Mrs. Badger.
Findings of fact were coMpleted by board members.
Motion carried 3 for, 1 abstaining (Mr. Kett).
9g. 7:00 P.M., Public Hearing :On Docket No. V 63 -88 a Developmental Standards
Variance application for:Carroll'WeisigIl
er.l Mary Weisiger and their
residence located at 12937 Andover Drive, Cannel. Petitioners are requesting
a'variante from Section 5.3.2 <of the Carmel /Clay Zoning Ordinance requiring a
6' fence surrounding a pool. Applicants are requesting to install an automatic
pool in lieu of ahe fence. Parcel is zonedS -1 and is .77 acres in size.
Filed by Jim Nelson"for Carroll Weisiger III Mary Weisiger.
244 CARMEL BOARD OF ZONING APPEAL MI JULY 25, 1988 PAGE 6
The public hearing opened at 9:23 P:M: with Mr.'Nelson making the presentation.
Informational packets were presented."to board members
Mr. Weisiger is constructing a new home iri Wedgewood, lot 18,`. containing, a little
over. 3 1/4 acre,' and they plan a private- swi_MMing pool with an automatic pool cover in lieu
of a 6' .high-; fence_ required by ordinance.
The site and landscape` plan was presented:
The public:hearng, closed at 9:29 P.M.
,_...a
Staff reccmr nds,,denial.
Mr Brandau'stated that the proposed ordinance change :will require`at least,a 75' set
back. from- all; property lines and staff does not`feel that automatic pool covers "provide the
l" adequate safety precautions that the fences.. do:
Mr pool would be 22'ifrom the west "property line..
Mrs. Badger requested that. on- on
the motion additional landscaping-on the west property
line.
Mr. Irvin moved.that;Docket No. V 63- 88':be-approved and.,Mrs. Badger' Roved that it be
subject to a landscape plan the westProperty line to. "be ,presented to .the. Department of.
Community Development by Mr. Weisiger' and that it is to be installed upon the completion of
the home to the west.
Seconded by Mr. Thompson.
Findings'. 'of *fact were completed by board members
Motion carried 4 -0.
10g. 7:00 P.M., Public Hearing on Docket,;No. RV 64 -88 a Renewable "'Variance Application
for Chuck Sherry Wittum and; their,' residence located at -10549 Westfield Blvd.,
Indianapolis.. Petitioners are requesting.to "renew a 2 year variance;orginally
approved July 28, 1986. Applicants have a one room hair style shop to enable
Mrs. Wittum to generate ineome'while"taking care °of children. Property is zoned
S -2.
Filed by Chuck Sherry Wittum.`
The public hearing opened at 9 :45 P with M Wittum r a one room, 2 chair
beauty shop in the back.of their home in order for his wife to work and care for the
children.
The shop layout plan was shown.
The public hearing closed at 9:48 P:M:
Staff recommended approval..
Mrs. Badger moved.that Docket No. -RV "64 =`88 be approved-as presented this evening for a
period of two' =years.
Seconded by Mr. Irvin:
,Findings of fact were "completed by members.'
Motion carried 4 0,
llg: 7 :00 P.M.,.Public Hearing on�Docket No ,,SU.65 -88 a.:.Special Use ,Application for
Dave Mason Motors, Inc. to be located at 3900& 3950 East 96th`. Street, Indianapolis,
1.
IN re
Petitioner -is questing special, use:approval,ato'construct and operate an
automobile and parts sales, service and repair,business. .This request is only
for :the eastern portion` "of the property, ,;another, special use. application will be
filed before the western portion is ;improved ::Parcel. is zoned -3:
Filed by Jim Nelson for Dave Mason Motors, Inc.
The public hearing opened at 9:52 P:M, with Mr. Nelson making the presentation for a
Mitsubishi. dealership.,
Dave Mason, Hal and Chester.Parsons of'M.T Inc.,were present.
An aerial. photo` was shown and-:location- pointed out
The site` development- °and landscape 'plan was presented
Primary ingress and,egress will, be from 96th Street.
The
The b ash refuse g ll.bein the Northeast area -of :the site an
g
and will be totally
enclosed and with a gate
Mechanical equipment. will be underground:
.GAFZMEL BOARD OF ZONING APPEAL MINUTES JULY 25, 1988 PAGE 7 245
There will be one wall sign on the front facia facing 96th Street.
There will be a parts and service sign on the Marie Drive side.
The parking plan and the exterior lighting plans were shaven.
There will be 2 wall mounted security lights on the east side of the building.
An artist's rendering of the facility was presented.
The building will be of brick and clear glass.
The sign letters will be white on a blue background. The sign will read "Mitsubishi"
and mounted on the front facia.
This use is compatible with neighboring properties.
The public hearing closed at 10:08 P.M.
Staff recommended approval.
There will be no fencing on the property.
Mr. Irvin moved that Docket No. SU 65 -88 be approved as submitted.
Seconded by Mrs. Badger.
Findings of fact were completed by board members.
Motion carried 4 -0.
12g. 7:00 P.M., Public Hearing on Docket No. S 66 -88 Special Use Application for
Basic American Industries, Inc. Parcel in question is located on West 96th Street
that property surrounding Twin Lakes Country Club. Petitioner is requesting
special use approval to construct a private sewage treatment plant to
temporarily serve the Green development until public sewers are available, as
required by Section 7.2 of the zoning ordinance. The proposed facility will have
a capacity of 61- 62,000 Gallon /Day Waste Water Treatment. Parcel is zoned R -1.
Filed by E. Davis Coots for Mr. W.C. Chance with Basic American Industries, Inc.
This item is tabled due to defective notice.
13g. 7:00 P.M., Public Hearing on Docket No. SUA 67 -88 for Dan Young Chevrolet
and Dan Young Honda located'at 3210 East 96th Street, Indianapolis. Petitioner
is requesting approval of the addition of an. architectural lighting to the exterior
of the existing and remodeled buildings. Parcel is zoned B -3.
Filed by Philip A. Nicely.
This item is tabled.
There being no further business to come before the Board, the meeting adjourned.
Chairman Buddy McCart for Secretary, Dorthy Neisler