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HomeMy WebLinkAboutMinutes BZA 11-23-92 87 Board of Zoning Appeals Minutes November 23, 1992 The meeting was called to order with the Pledge of Allegiance at 7:00 PM by Richard Klar, Chairman, at the City Council Chambers. The Board Members present were: Gail Bardach; Ron Carter; and Alan Klineman. A quorum was declared. Staff present: Mike Hollibaugh; Terry Jones; and Steve Brown, City Attorney. Gail Bardach moved to approve the minutes of the meeting of September 28, 1992, subject to the following correction: on page 4, the next -to -the last paragraph should be changed to reflect the correct spelling of the petitioner's name as Dan Follis, rather than Dan Foils. Gail Bardach's motion to approve the minutes of September 28, 1992 was seconded by Alan Klineman, unanimously approved. Gail Bardach moved to approve the minutes of the meeting of October 26, 1992, seconded by Alan Klineman, unanimously approved. Item lg. Docket No. SU- 23 -92, a Special Use Application for Dr. Perez and their property located at 1523 West 131st Street, Carmel. This public hearing was opened and continued from the August meeting. The petitioners are requesting special use approval to construct a pond and drainage facility improvements. The parcel is zoned S -1. Filed by Dr. Perez, presented by E. Davis Coots. Mr. Coots explained that the special use application was to construct a lake of approximately 8 acres, a portion of which was built in 1987 when the home was originally built; no special use was applied for at that time. The lake is excavated rather than dammed, and the excavated material coming from the lake was mounded along the perimeter of the Dr.'s property for the purpose of screening. The pond on site was done at the time of original construction and the Dr. was said to be unaware of the necessity to apply for a special use for the pond. Bill Kembly, engineer, made calculations necessary to establish that drainage across the Dr.'s property would be unimpeded by the construction of the mounds along the north boundary of 131st Street and Hoover Road to the west. Two 30" reinforced concrete pipes were installed on the Dr.'s property to gather water on the east side of Hoover Road ditch, funneled through the mounds and picked up by the drainage system being calculated for purposes of constructing the Claridge Subdivision to the south. In regard to road setbacks and rights of way, both Hoover and 131st Street are county roads with one rod width, 33 feet, 16.5' per half of center line; Mr. Kembly submitted a drawing showing all earth work performed on the Dr.'s property as occurring more than 25 feet from the center line. Mr. Coots stated that Dr. Perez was within his boundary and not in any way doing work or bza 11-23-92 1 89 mounding on any county right of way, and that the request for dedication would be more appropriate if this were a subdivision necessitating road improvements. Mr. Coots said that the request to voluntarily "donate" additional rights of way along 131st Street and Hoover Road is believed to be inappropriate at this time. Public hearing closed. Mr. Klar asked if there were approval letters from the County Highway, Surveyor's Office, and Drainage Board. Mr. Coots responded that letters had been requested from Steve Cash and Kent Ward indicating review of the plan and approving construction and compliance to date. Bill Kembly wrote Steve Cash on November 20, 1992 confirming that plans have been approved, work has been done, and that finished grading of the swale needed to be done, weather permitting, along the east side of Hoover Road. In response to Mr. Klar's question regarding flooding on the south side of 131st Street and the farmland to the east, Mr. Coots said he did not believe anything that occurred on Dr. Perez's property had an impact on the drainage along 131st Street or the legal drain that goes through the front of Dr. Perez's property to the east. The mounding would prevent sheet drainage coming from the north across the roadway onto Dr. Perez's property if it were obstructing, however, the drainage swale (Elliott Creek) that goes across the front of Dr. Perez's property is open and that is where drainage along 131st Street accumulates. Mr. Klar stated that that was the reason for requesting the letters from the County Surveyor's office and Drainage Board. Mr. Carter expressed concern that on May 1 lth, Dr. Perez was told of the need for a Special Use Permit and on May 17th, he was told in writing that he needed to obtain permits and approvals, and copies of the ordinance were provided to him. On May 22, there was another communication in writing urging Dr. Perez to come into the Dept. of Community Development and look at materials from past applications. On July 14, there was a phone conversation noting that the application was not complete. On July 17, Dr. Perez was again written and urged to get professional help on this matter. On July 20, Dr. Perez was written and a "stop work order" issued. Gail Bardach commented that Mr. Coots has had since August 14 to obtain approval and that requested revised plans have not been submitted to either the County Highway Department or the County Surveyor's office. Standing water was discussed as early as August 14, 1992. Bill Kembly replied that the standing water was a pre existing condition and was not as a result of the mounding done on Dr. Perez's property. Alan Klineman stated that the mounds should be moved back approximately 15 or 20 feet and an easy approach should be provided to the mounds rather than having the mounds look like a wall as they do now. The neighbors are unhappy with the situation and Dr. Perez needs to rectify it. Mr. Coots stated that there was no ordinance in regard to the regulation of mounds as far as bza 11 -23 -92 2 91 property lines, perimeters, height, etc. and that no ordinance has been violated -it is a matter of aesthetics. Gail Bardach moved to approve Docket No. SU23 -92, seconded by Ron Carter, motion denied 4 -0. Item 2g. Docket No. V- 35 -92, a Developmental Standards Variance Application for J.A. and Alice Rosenfeld and their property located at 10620 Winterwood Drive, Carmel. The Petitioner is requesting a variance from section 26.2.19 (3) of the Carmel /Clay Zoning Ordinance to allow a one foot encroachment of a building setback line as established on the recorded subdivision plat. The parcel is zoned S -1. Filed by Jeannine DeRoy for J.A. and Alice Rosenfeld. Jeannine DeRoy, 1530 Woodlake Court, owner and builder of 10620 Winterwood Drive, stated that when the residence was built eight years ago, the corner of their garage was unknowingly one foot over the Winterwood setback line from the street. Upon the sale of the house, the new owners requested that the DeRoys obtain a variance, even though the title company insured it. Ron Carter moved to approve Docket No. V- 35 -92, a Developmental Standards Variance Application, seconded by Gail Bardach, motion approved 4 -0. Item 3g. Public Hearing on Docket No. V- 36 -92, a Developmental Standards Variance Application for Thomson Consumer Electronics, Inc. and their property located in the development known as Meridian at the Interstate with a common address of 10330 North Meridian Street, Indianapolis. The Petitioners are requesting a permanent variance from section 17.1 of the Carmel /Clay Zoning Ordinance to allow a reduction in the number of required parking spaces from 777 to 719. The parcel is zoned B -6, filed by James J. Nelson, attorney for Thomson Consumer Electronics, Inc. Jim Nelson, 3663 Brumley Way, Carmel, represented Thomson Consumer Electronics, Inc. Also present were Bill Tornatore and Dave Arland of Thomson Consumer Electronics, Inc., and Michael Wells of Browning Investments, Inc. The original plan to construct the office building, approved February 18, 1992, provided for a 4 story building consisting of 215,663 square feet in size and 720 parking spaces being provided, 719 were required. The add -on to the atrium area resulted in an increase in the number of required parking spaces by 58. The atrium area is for aesthetics and display only and not as occupiable office area, therefore, there is no need for additional parking spaces to accommodate employees or customers because of the increased size of the atrium. Since additional employees were not being added, there was no need for additional parking spaces; hence the request for a Developmental Standards Variance to reduce the number of required parking spaces from 777 to 719, with 720 being provided. Public hearing closed. 1 bza 11 -23 -92 3 93 Terry Jones of Staff stated that it was the Department's understanding that future additions to the building would result in the requirement for additional parking spaces, subject to further review. This point was understood by the petitioner. Gail Bardach moved to approve Docket No. V- 36 -92, a Developmental Standards Variance Application for Thomson Consumer Electronics, Inc., seconded by Alan Klineman, motion passed 4 -0. Item 4g. Docket No. UV- 37 -92, a Use Variance Application for Kathy L. Arsenault and her property located at 411 North Range Line Road, Carmel. The petitioner is requesting permission to add on 400 square feet of storage to a previously approved use variance (UV- 31 -91, date of approval 7/22/91). The parcel is zoned B -5. Filed by Kathy L. Arsenault. Kathy Arsenault, 411 Range Line Road, Carmel, requested permission to add 400 square feet to her existing business (upholstery and fabric). The petitioner's business has done well and more space is needed for storage; storage is presently off -site at an additional rental expense. Public hearing closed. The petitioner stated her awareness of the requirement of no outside storage on the property. The petitioner is also aware of the fact that the approval is personal to her and her busies and not applicable if the property were to be sold; a new variance would be required of a new business owner, since the B -5 zoning does not allow for an upholstery business (legal but non- conforming). Ron Carter moved to conditionally approve Docket No. UV -37 -92 with the following provisions: that there be no outside storage of materials or goods at any time; and that the approval be personal to Kathy L. Arsenault only and the Use Variance would become null and void if the property is sold or ownership changes. This conditional motion was seconded by Gail Bardach, motion passed 4 -0. Item 5g. Public hearing on Docket No. SV -38 -92 a Developmental Standards Sign Variance Application for the North Meridian Associates and their property located in the development known as One Meridian Park Place with a common address of 12220 North Meridian Street, Carmel. The petitioners are requesting a variance from section 25.7.04 -lbii of the Carmel /Clay Zoning/Sign Ordinance to allow for an additional identification wall sign. The Parcel is zoned B -2 and is within the U.S. 31 Overlay Zone. Filed by R. D. Richardson for the North Meridian Associates. "Rusty" R.D. Richardson, 1535 Prestwick Lane, Carmel, Indiana, general partner of North Meridian Associates, owner of One Meridian Park Place, requested approval for a variance to add one additional identification sign to the office building located at 12220 North Meridian Street. The sign would have no exposure to the residential areas located to the west of the building. This building was originally approved in 1987 and at that time, approval was granted for a tenant bza 11 -23 -92 4 95 identification sign located in the front of the building. In addition, permission was granted for an additional project identification sign 24 square feet in size. The property sets back 210 feet from the right -of -way of U.S. 31 and has a building frontage of 240 feet. The petitioner's understanding under the ordinance is that if the sign area is approved, they would have a maximum sign area available of 50 square feet. If approved, this sign will be granted to a tenant who will be occupying approximately 15,000 square feet within a building of 29,600 square feet. Public hearing closed. Gail Bardach moved to approve Docket No. SV- 38 -92, a Developmental Standards Sign Variance Application for North Meridian Associates, seconded by Alan Klineman, motion passed 4 -0. Item 6g. Docket No. V- 39 -92, a Developmental Standards Variance Application for Dieter G. Puska and his restaurant, The Glass Chimney, located at 12901 Old Meridian, Carmel. The Petitioner is requesting a permanent variance from sections 14.3.3 of the Carmel /Clay Zoning Ordinance to allow a building and all extensions of or additions thereto to be located up to three (3) feet from the north property line, and subsequently a variance from section 30.5.5 of the Carmel /Clay Zoning Ordinance to permit the aforementioned variance request, if granted, to run in perpetuity. The parcel is zoned B -3, filed by James J. Nelson, attorney for Dieter G. Puska. Jim Nelson represented the petitioner, Dieter G. Puska. The building which houses the Glass Chimney Restaurant is presently leased from Design Gallery Group No. 2. Dieter Puska's intent is to purchase the building as well as the land surrounding the Glass Chimney Restaurant; however, Mr. Puska, as well as his prospective lender, would like to be assured that the parcel will meet the side yard set -back requirements of the B -3 business district classification. Mr. Puska would like to have the assurance that possible future expansion to the north would be feasible without having to obtain an additional variance. Adjacent to the south of the Glass Chimney is an undeveloped parcel of real estate owned by Flanner Buchanan Mortuary and presently zoned R -1 Residence. It is possible that a zoning violation would occur when the Glass Chimney parcel is carved out and created as a separate parcel for the purposes of transfer of ownership. The Design Gallery and the Glass Chimney are separated by .3 feet and it is within the .3 feet that the north property line would be created for the Glass Chimney parcel. In order to accommodate this transaction, it is requested that a Developmental Standards Variance be allowed to permit the side yard requirement along the north property line to be .3 feet from the western most boundary to the eastern most boundary. Also, under section 30.5.5, a variance granted by this board of a developmental standards nature must be part of a project in which construction commences within one year after the grant. At present, there is no project anticipated and therefore nothing to tie -in with the one year date; as a result, the variance is requested to permit minimum side yard variance to run in perpetuity with the real estate. bza 11 -23 -92 5 97 Gail Bardach moved to approve Docket No. V- 39 -92, variance 1, seconded by Ron Carter, unanimously approved. Gail Bardach moved to approve Docket No. V- 39 -92, variance 2, seconded by Ron Carter, unanimously approved. Terry Jones of Staff inquired about a December meeting, inasmuch as it would conflict with the Holidays. There was discussion from the Board which resulted in the decision that the December meeting would be left open; if nothing is filed, the meeting will be cancelled. Gail Bardach moved to adjourn the meeting, seconded by Ron Carter, unanimously approved. r ..chard Klar, 1 es' ent R. ona Hancock, Secretary bza 11 -23 -92 6