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HomeMy WebLinkAboutMinutes BZA 02-24-92 CARMEL BOARD OF ZONING APPEALS FEBRUARY 24, 1992 410 The official meeting of the Carmel Board of Zoning Appeals was called to order at 7:02 p.m. with the Pledge of Allegiance. The board members present were: Mr. Ron Carter, Mr. Richard Klar, Ms. Caroline Bainbridge, and Ms. Gail Bardach. There were enough members present to declare a quorum. Approval of Minutes: Ms. Caroline Bainbridge made a motion to approve the December 16, 1991 minutes as corrected, seconded by Mr. Ron Carter and passed, 4 yes 0 no. Approval of January 27, 1992 Minutes: Mr. Richard Klar stated that on the third page of the January 27th minutes they stated that Mr. Clem made a motion to approve the variance as presented, seconded by Mr. Richard Klar, and should have been seconded by Ms. Caroline Bainbridge. He stated that on the next page it stated that Ms. Caroline Bainbridge made a motion to approve the variance as presented, and should have been seconded by Mr. William Clem. Ms. Gail Bardach stated that on the first page that Ms. Caroline Bainbridge made a motion to nominate Mr. Richard Klar as Chairman, seconded by Ms. Gail Bardach and she stated that she did not second the motion. Mr. Klar stated that Mr. William Clem seconded that motion. Ms. Gail Bardach stated that her first name was spelled "Gail" not "Gayle Ms. Caroline Bainbridge stated that she asked Mr. Nelson, when discussing Docket number V -1 -92, about the parking of the facility in reference to individuals working at both hospitals and even though it would be one individual, would they be counted as two people because they would be working at both hospitals. She stated that she wanted that inserted in the minutes. Ms. Caroline Bainbridge made a motion to table the January 27, 1992 minutes until they are corrected, seconded by Ms. Gail Bardach and passed, 4 yes 0 no. Communications, Bills, Expenditures and Legal Council Report: Mr. Steve Brown, attorney, stated that Docket A -63 -91 has been withdrawn. He stated that it has been deemed to be a private matter between the adjoining property owners and that they are going to work it out, and will not go through the-Administrative process. PUBLIC HEARING ig. 7:00 P.M., Public Hearing on Docket No. A 63 -91 an application for an Appeal of a Decision of the Director of the Department of Community Development. The 410 applicant, Carmel Dad's Club, Inc., is appealing the administrative determination that the Applicant must construct a dam and detention area. Parcel is zoned S -1. Filed by Robert F. Campbell for the Carmel Dad's Club, Inc. THIS PETITION HAS BEEN WITHDRAWN 2g. 7:00 P.M., Public Hearing on Docket No. A -4 -92 an application for an Appeal of a Decision of the Director of the Department of Community Development. The applicant, Michael and Rhonda Clark are asking the City to reverse its decision to allow a height of three stories on building number three at Timber Creek Condominiums (Building Permit 711 -91) and to limit the height to one or two stories, and to require correction of the visual screening and drainage problems prior to additional construction and further damage. Parcel is Zoned M -3. Filed by Michael and Rhonda Clark. Mr. Klar asked if 2g has been tabled. Mr. Bill Ernst stated that Mr. Clark has not contacted anyone; however, there were people from Cincinnati present this evening. He stated that 2g could be tabled or the Board could listen to a presentation. Ms. Caroline Bainbridge stated that she did not feel that it would be fair for the people from Cincinnati to have to drive back to y Carmel again, however, the Board did not know what the issue was. Mr. Brown stated that the appeal was based on a Plan Commission decision from 1988, and the time appeal process is due within thirty days after the decision. Mr. Brown stated that his advice is that the thirty days has longed passed; however, it is up to the Board's decision. Mr. Brown also stated that proof of notice has not been filed with the staff, and that it may not be procedural correct to hear the case. Mr. Nicely, from Cincinnati, stated that he agreed with Mr. Brown on that the matter should be dismissed. Ms. Caroline Bainbridge made a motion to dismiss Docket A -4 -92 on the grounds that the appeal was not filed within a timely manner or within the statutory time period, seconded by Mr. Ron Carter and passed, 4 yes 0 no. Mr. Klar asked if there was recourse for the appeal. Mr. Brown stated that the appellant had the right to appeal the decision the Board made through the court process. 3g. 7:00 P.M., Public Hearing of Docket No. V -5 -92 a Developmental Standards Variance Application for Thomson Consumer Electronics, Inc. and their proposed 311,601 ``,r. square foot Research and Development Center located within Meridian at I -465 (northwest corner of I -465 and U.S. 31), Indianapolis. Petitioners are requesting variances from sections 12.1 and 27.4.1 of the Carmel /Clay Zoning Ordinance to reduce the required number of parking spaces from 1,039 to 854 (eliminating 185 spaces), and to defer the installation of parking surface and curbing for 274 parking spaces provided by the parking garage until such time the applicant deems it necessary, or the Director of the Department of Community Development, the Carmel Board of Zoning Appeals or the Carmel Plan Commission request the installation of the parking garage. Parcel is zoned B -1. Filed by James J. Nelson, attorney for Thomson Consumer Electronics, Inc. Public Hearing opened at 7:15 P.m. Mr. Rick Rambush, Browning Investments, presented a booklet and photographs to those present. Mr. Rambush stated that Thomson Consumer Electronics is the worlds fourth largest manufacturer of consumer electronics. He stated that they would like for Carmel to be their America's headquarters executive office building in a new state of the art technical center for electronic products research. He stated that they would like their office to be at Meridian and I -465, which is a business park under development by an affiliate of Browning Investments in the northwest quadrant of I -465 and U.S. 31. He stated that the amended development plan, architectural design, lighting and landscaping plan for the Thomson project was approved by the Carmel Plan Commission at their last meeting. Mr. Rambush gave a presentation showing their proposals on how the facility would look. Mr. Rambush stated that the usage of the technical research building would not be people intensive due to its specialized facilities. He stated that special elements of the research building include space devoted to computers and other electronic equipment. He stated that space would be devoted to equipment testing rather than employee stations. He stated that the technology center does not need the number of parking spaces required by the ordinance. Mr. Rambush presented a site plan to those present. He stated that the site plan provides 619 surface parking spaces. He stated that 40 Thomson believes that the number of spaces provided by the plan is more than sufficient to satisfy the needs of the building considering the design being used for a research center. He stated that there will be approximately 550 employees. He stated that the ordinance would require 1039 spaces. He stated 11,_ that the variance, applying to the technology building only, would reduce the required number of spaces from 1,039 to 854 eliminating the requirement for 185. He also stated that they would like to defer installation of a contingent one story parking deck, which would add 235 parking spaces, until it was deemed necessary by the BZA, Plan Commission or owner. He stated that if it was determined that the parking deck be necessary, the Plan Commission has already approved the deck. Mr. Klar asked for public comment. Ms. Judy Hagan, 10946 Springmill Lane, stated that she was in favor of the variance. Mr. Klar closed the Public Hearing at 7:36 P.M. Mr. Ron Carter asked if the unused land would be landscaped. Mr. Rambush showed Mr. Carter the landscaping plans on the diagram that he presented. Mr. Ernst stated there was a schedule on file with the department showing all plant material. Ms. Gail Bardach stated that she was confused as to the numbers of parking spaces and wanted to know the difference between the 854 and 619 figures. Mr. Rambush stated that it was the spaces that would be provided by the contingent parking deck. He stated that there are two elements to the request. One being the request for the elimination of the 185 spaces, and that is the difference between 1,039 and 854. He stated that there is also a request to defer the installation of the contingent parking deck which is the next interval between 854 and the 619 surface spaces. Mr. Ernst stated that there is no formula for reducing the spaces based on use of buildings under the Ordinance. He stated that there is an equation that works towards the square footage of a building. Ms. Caroline Bainbridge made a motion to approve Variance 1. on Docket V -5 -92 as presented, seconded by Mr. Ron Carter and passed, 4 yes 0 no. Ms. Caroline Bainbridge made a motion approve Variance 2. on Docket V -5 -92 as presented, seconded by Ms. Gail Bardach and passed, 4 yes 0 no. 4g. 7:00 P.M., Public Hearing on Docket No. SU -6 -92 a Special Use Application for Dart Development, Inc., and their residential subdivision Springmill Ponds located on the southeast corner of West 146th Street and Springmill Road, Carmel. Petitioners are requesting special use approval to construct a private recreational facility. The facility consist of tennis courts, basketball court, glI a swimming pool, bath house and maintenance building. Parcel is zoned S -2. Filed by Sheila A. Marshall, attorney for Dart Development, Inc. Mr. Klar opened the Public Hearing at 7:45 P.M. Mr. James Zoccola, Coots, Henke Wheeler, stated that he is here representing Sheila Marshall and Dart Development, Inc. Mr. Zoccola stated that Dart Development is requesting a special use for the construction of recreational facility including tennis courts and a swimming pool. He stated that by definition under the Ordinance, special use applications shall generally be considered favorable by the Board except when the Board finds the proposed special use inappropriate as a result of unique circumstances. Mr. Zoccola stated that Springmill Ponds is an S -2 residential zoned classification. Mr. Zoccola presented a site plan to those present. Mr. Zoccola stated that the proposed special use is not within a flood plain district. Mr. Zoccola stated that the site plans shows the fencing requirements. He stated that the fence would be a six foot galvanized steel (16 gauge) fence. He stated that the tennis court would have a chain length fence around the court area. Mr. Zoccola stated that within the recreational facility they are proposing 26 total parking spaces. Mr. Zoccola stated that the tennis court would provide lighting. He stated a portion of the lighting did not comply with the Ordinance; however, that will be corrected to comply with the Ordinance. Mr. Klar asked for public comment to which there was no comments. Mr. Klar closed the Public Hearing at 7:47 P.M. Ms. Caroline Bainbridge asked about the lighting corrections that needed to be made. Mr. Zoccola stated that the lighting goes over the property line by a couple of feet and that this would be corrected. Ms. Caroline Bainbridge made a motion to approve Docket SU -6 -92, seconded by Ms. Gail Bardach and passed, 4 yes 0 no. Ms. Caroline Bainbridge made a motion to close the meeting at 8:00 P.M., seconded by Mr. Ron Carter and passed, 4 yes 0 no. -1) 1 w ter %4��,-j1 Secretary airman 0 1