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MINUTES
Carmel Board of Zoning Appeals
Regular Meeting
June 27, 2011
Council Chambers, Carmel City Hall
Present: James Hawkins, President
Kent Broach
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
I Previous Minutes:
On a motion made by Kent Broach and seconded by Earlene Plavchak:
The Minutes for the meeting dated May 23, 2011 were approved as circulated.
MOTION CARRIED UNANIMOUSLY
Department Report: Angie Conn
Item #2 Docket No. 11050006 UV, 3610 W. 96 St Office has been tabled to July 25 meeting
Item #3 Docket No. 11060001 A, Appeal to permit #11010015, Carport needs suspension of the Rules
of Procedure
o They made 10 day Public Notice, but not 25 days
o Numerous members of the public were in attendance to hear Petition
Action: On a motion made by James Hawkins and seconded by Earlene Plavchak:
The Rules of Procedure be suspended to hear Docket No. 11060001 A.
MOTION CARRIED UNANIMOUSLY
Legal Report: John Molitor
American Cell Tower on Towne Road oral arguments would be heard June 28 at 1:30 pm in Hamilton
County Circuit Court, Noblesville
o Board members welcome to attend
o Judy Hester and John Molitor would represent the Board
Page 1 of 8
Carmel Board of Zoning Appeals
June 27, 2011
Public Hearings
1. (UV) 120 Third Street NW preschool Mi Escuelita.
The applicant seeks the following use variance approval for a small preschool land use on a residential
property:
Docket No. 11050002 UV ZO Ch. 8.01: Permitted Uses.
The site is located at 120 Third Street NW. It is zoned R- 2/Residence and lies within the Old Town
Overlay, Character Subarea.•Filed by Giovina Cecili of Mi Escuelita, Inc.
Present for the Petitioner:
Virginia Rodriguez
Use Variance for Spanish immersion preschool
Unique school for Carmel
o Small classes with four children per teacher; ages two and three
o Six children per teacher; ages four and five
Remonstrators:
Jeff Watkins, 234 W. Main Street and 131 Third Street NW
Support any improvements to the property
Opposed to utilizing this property in non conforming use
Parking very big issue for neighborhood
Problem for emergency vehicles
Worked with Councilor Seidensticker.for parking on one side only
Parking issues with a business on the street
Jeff King, 431 First Avenue NW
Concerned with traffic
Oogles Googles were formerly in space behind him
o Children's parties got out of hand with parking and kids running through alley
o Not safe for children
Linus Rude, 131 Second Avenue NW
Use does not match neighborhood
$400,000 to $500,000 custom homes corning to area
Rebuttal:
Virginia Rodriguez
Parents pull up and teachers remove children from car
o Never without supervision
o No traffic involved
o Parents never come inside; strictly drop -off and pick -up
Fencing the yard
Low noise level
o Speak to them in Spanish for three hours; 8:30 -11:30 am
Public Hearing closed
Department Report
Page 2 of 8
Carmel Board of Zoning Appeals
June 27, 2011
Angie Conn
No Parking; just pick -up and drop -off
o Parents do not park along street
o Employees will park in driveway on property
Use is looked upon favorably in the Comprehensive Plan as adjacent to urban residential areas
Oogles Googles property was for kid's parties; totally different use
Variance is for land use; will remain zoned residential
The Department recommended positive consideration.
Discussion:
No one will live in house
No signage
Two teachers who ride together
Eight families with two children
o Classes are small
o Four cars moving at each drop -off and pick -up
o 8:25 drop -off amd11:30 pick -up with four children; maximum would be eight
Will apply for permit with Fire Department for future afternoon class; 12:00 -3:00 pm
o They determine occupancy maximum for public safety
Will install fence
Only two teachers for morning and afternoon sessions
Parking issues occur at all times of day
o Driveways are not sufficient to hold all cars for houses
o Parking on one side helps, not sure "No Parking" is posted
o Could work with Street Dept.
o At times emergency vehicles could not get through
No changes will be made to house
If second floor would be used, they would need sprinkler system
Limit would be six to eight children per session
Commitments could be made for number of children, hours of usage and time limit for use
This location chosen for proximity to students
No other businesses on Third Street
o Adjoining neighbors happy with project
Motion: On a motion made by Earlene Plavchak
Docket No. 11050002 UV, 120 Third Street NW preschool Mi Escuelita be approved.
James Hawkins amended the motion to include Commitments: eight children per session; three -year time
limit for Use Variance; hours of operation 8:00 am to 3:00 pm. Seconded by Ephraim Wilfong.
MOTION CARRIED 3-1 (Mr. Broach negative)
2. TABLED TO JULY 25: (UV) 3610 W 96 St. Office
Dockct No. 11050006 UV ZO Ch. 5.01 Permitted Uses
Page 3 of 8
Carmel Board of Zoning Appeals
June 27, 2011
The site is located at 3610 W. 96 Street. It is zoned S 1/Residence and lies within the US 421 Overlay
Zone. Filed by James Wheeler of Coots Henke Wheeler for Citizens Bank of Paris.
3. (A) Appeal to permit 11010015, Carport for Thornhurst, Lot 4.
The applicant seeks to appeal the issuance of an improvement location permit:
Docket No. 11060001 A Appeal to permit 11010015, Carport for Thornhurst Addition,
Lot 4.
The site is located at 37 N. Guilford Rd. It is zoned R -2 /Residence. Filed by Becky Feigh, neighbor.
Present for the Petitioner:
Becky Feigh, 18 Thornhurst Drive, representing neighborhood
Property owner moved into home in 2009
Parked two fifth -wheel trailers in driveway for six to seven months
o Neighbors complained to DOCS and one recreational RV was removed
o Commercial trailer remained on site
October 2010 complaint filed with Mayor's office
o Staff explained a structure required to house commercial vehicle
o January 2011 building permit submitted
o Conditional permit granted in February with issues to be resolved
Approximately March 15 anonymous letter in .various neighbor's mailboxes
o Informed everyone of pending petition
o Very knowledgeable letter signed by Brent Liggett, DOCS Staff member
Brent was unaware of this letter
Could not confirm author of letter
She reviewed permit
o Emailed Brent with concerns
o She felt several variances needed for structure
Accessory building
Home occupation
Commercial vehicle
Diagram shown for proposed carport on side of home
o Original approximate dimensions were 12 feet tall and 27 feet long
o Approved revised dimensions were 14 feet tall and 31 feet long
o Photo shown of residence
o Rendering shown of proposed structure
o Staff proposed siding extend to ground level
o Material is extruded aluminum panels with metal frame
o Top of structure would go to top of dormer of the garage
Feel several variances should have been sought
o "Accessory buildings and uses shall not alter or change the character of the premise"
Thornhurst is single- story, contemporary to modern and post- modern brick ranch homes
Pictures shown of neighboring homes
Materials are brick, wood, asphalt and rubber shingled roofs
No aluminum type structures in neighborhood
Mike Hollibaugh sent letter approximately March 25
o "the condition that Mr. Liggett proposed on the application was that a proposed carport should
need to screen the size of the vehicle from view, subsequently it has been communicated that any
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Carmel Board of Zoning Appeals
June 27, 2011
necessary accessory building shall not alter the residential character or premise and must be built
so as not to create a visual detriment to adjacent properties"
Since 1977 she does not know of a structure like this in R -2 or any residential zoning
Other accessory buildings and carports in neighborhood meet architectural standards of home
This address is used for business address, website and corporation papers
o Section 25.18 states "home occupation shall not change the character of the dwelling, lot or
parcel"
It also continues to state "the dwelling shall not bear any indication from the exterior that
it is being utilized in whole or in part for any purpose other than a dwelling"
It also goes on to say "home occupation shall not be permitted outside storage or display
materials in connection with the home occupation"
Erecting a carport to store a commercial 31 -ft. fifth -wheel trailer screams "home
occupation"
If it becomes outside storage, it needs to be screened properly from all sides with a gate
across the front, which was not included in the original application
Commercial vehicles states "a vehicle or trailer shall not be parked, stored, maintained or kept under any
residential use zoned lot unless the vehicle has a maximum load capacity of 3/4 ton"
o Numerous times they requested Staff to have the applicant provide load weight of trailer
o She felt 31 -ft double axle trailer exceeded 3/4 ton weight limit
o Ordinance also states vehicle must serve as sole vehicle of transportation
This is not a self propelled trailer
It must be kept in a garage
111 Ordinance does not state trailer; it states vehicle
Neighbors of Thornhurst would like building permit revoked for this particular structure
Public Input:
Gayle Duckett, 16 Thornhurst Drive
Main concern is aesthetics
o Located behind her property
o Her property four feet lower
Concerned about setting precedent
o Thornhurst is supposed to be historical neighborhood
This structure does not comply with that description
Teresa Kane, 764 W. Main ~Street
Displayed pictures
o Commercial vehicle in relation to neighbors' property lines
o Location of proposed structure
o Stakes of property lines
o Site a few feet higher than neighbor's property
o Large structure against property line
Concerned overall appearance will affect property values
Concerned about strong winds against this large structure
M atthew Mitchel, 25 Guilford Road (hard of hearing sign language interpreter)
Next door to carport
Carport does not match material of home
Agrees with neighbors
Page5of8
Carmel Board of Zoning Appeals
June 27, 2011
Al Duckett, 16 Thornhurst Drive
Concerned about stability of structure
o Set on wood
o Supported by eight -inch concrete columns; 18 inches deep with all threads through the concrete
with a nut on top of the wood
o Winds come out of the west
o Front of structure open without doors to keep wind from getting under roof
Public Hearing closed
Department Report
Angie Conn
City issued building permit
Carport helps to shield business trailer from view
o Meets Ordinance requirement of providing garage or carport
DOCS issued permit after much consideration of Ordinance
Mike Hollibaugh, Director DOCS
Presentation by neighbors very thorough
Petition started as enforcement by Department
o Mr. Hunnicutt has been cooperative
o Proposal to enclose carport is respectful and consistent with City's Ordinance requirements
regarding home occupation which prevents home occupation from altering the residential
character of the use
o Complying with screening of all sides from neighbors
o Allowed to be open on west side toward commercial use /gas station
o Mr. Hunnicutt has tried to comply with the City Ordinances and additional variances are not
required
o Code Enforcement Staff has been thorough with complying with the Ordinance
o Respectful of the residential along Guilford Road
o Is not of character of inner parts of Thornhurst Subdivision
The Department recommended building permit not be revoked.
Discussion:
Carport might violate covenants of neighborhood
o Encroaches into 10 -ft. setback
o Plan was modified to come into compliance with covenants
o Ms. Feigh distributed copy of covenants
IM Paragraphs 5 and 6
No trailers
Dept. felt commercial use fell under home occupation category
Removing or screening the vehicle would make Mr. Hunnicutt in compliance
Mr. Hunnicutt
Weight of vehicle is approximately 6,000 pounds
o Design and structure does not allow it to carry more than 1,400 pounds
o Large trailer could carry well over 3 /4 ton
Page 6 of 8
Carmel Board of Zoning Appeals
June 27, 2011
o Designed as mobile laboratory with cabinets and electronic equipment
o No room for anything of substantial weight
Discussion continued:
Ask Mr. Hunnicutt to consider using different building materials
o His house is aluminum and materials color -match his house
o Could add door
o Struts inside are shiny aluminum covered with wall material
Possible for Board to suggest Mr. Hunnicutt work with neighbors for better design
o Blend with neighborhood
o Better picture of proposed carport
Mr. Hunnicutt had sent letter to neighbors, but no one responded with concerns
Motion: On a motion made by Earlene Plavchak and seconded by James Hawkins:
Docket No. 11060001 A, Appeal to permit #11010015, Carport'for Thornhurst Addition, Lot 4, be
tabled for 30 days to July 25 meeting to work something out with neighbors to provide better concept of
what will be erected and aesthetically complementary to neighborhood with landscaping
MOTION CARRIED UNANIMOUSLY
4. TABLED TO JULY 25: (V) Circle K/Shell (Range Line Rd.) Signage
The applicant socks the following development standards variance approvals:
Docket No. 11040014 V Ch. 25.07.02 09 d): Ground sign height (9' proposed, 6'
allowed) Docket No. 11040015 V Ch. 25.07.02 09 b): Number of signs (1 proposed, 1 allowed)
Docket No. 11040016 V Ch. 25.07.02 09 b): Number of signs facing west ROW (4 proposed, 1
allowed)
1 1411 1 1 1• 1 1
ft. allowed)
Docket No. 11010018 V Ch. 3 Definition of Changeable Copy Digital pricing sign prohibited;
Docket No. 11040019 V Ch. 3 Definition of Identification Sign 100% logo wall sign proposed;
25% logo allowed.
The site is located at 545 S. Range Line Rd. It is zoned B 1 /Business within the Carmel Drive Range
10TABLED TO JULY 25: (V) Circle K/Shell (College Ave.) Signage
The applicant seeks the following development standards variance approvals:
Docket No. 11040020 V Ch. 25.07.02 09 d): Ground sign hcight (8' proposed, 6' allowed)
Docket No. 11040021 V Ch. 25.07.02 09 b): Number of signs (5 proposcd, 2 allowed)
Docket No. 11040022 V Ch. 25.07.02 09 b): Number of signs facing north ROW (2
proposed, 1 allowed)
Docket No. 11040023 V Ch. 25.07.02 09 b): Number of signs facing cast ROW (3 proposed,
1 allowed)
Docket No. 11040024 V Ch. 25.07.02 08 c): Total square footage (113.62 sq. ft. proposed,
65 sq. ft. allowed)
Docket No. 11040025 V Ch. 3 Definition of Changeable Copy: Digital pricing sign prohibited,
must be changed non electronically.
Page 7 of 8
Carmel Board of Zoning Appeals
June 27, 2011
Docket No. 11040026 V Ch. 3 Definition of Identification Sign: 2 100% logo wall signs
proposed, 25% logo allowed.
1
District. Filed by Auna Foote of Corporate ID Solutions on behalf of Circle K/Shell.
Adjournment
Motion: On a motion made by Earlene Plavchak and seconded by Ephraim Wilfong:
The Meeting be adjourned.
MOTION CARRIED UNANIMOUSLY
The meeting adjourned at 7:30 PM.
Approved this Z lllay of 20 1
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4
Pr s James R. Hawkins Secretary Co ie Tip le
Y g Y
Filename: 20110627.doc
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