HomeMy WebLinkAboutMinutes BZA 06-27-11 Hearing Officer iG,„,,,„/„.
N
C ity
f Carme
r A iN
MINUTES
Carmel Board of Zoning Appeals
Hearing Officer
June 27, 2011 Meeting
5 :30 pm
Caucus Rooms, Carmel City Hall
Present: Ephraim Wilfong, Hearing Officer
Connie Tingley, Recording Secretary
Staff Members: Rachel Boone, Planning Administrator
Angie Conn, Planning Administrator
Legal Counsel: John Molitor
Public Hearing
1 -3. (V) Riley Specialists (Fidelity Plaza, tower 3) Signage
The applicant seeks the following development standards variance approvals:
Docket No. 11050008 V Ch.25.07.02 -10 B Number of signs (4 proposed, 3 allowed)
Docket No. 11050009 V Ch.25.07.02 -10 B Two signs facing north ROW (2 proposed,
1 allowed)
Docket No. 11050010 V Ch.25.07.02 -10 C Total square footage (400 proposed, 300
allowed)
The site is located at 11590 N. Meridian St. and is zoned S -2 B -6 within the US 31 Overlay
Zone. Filed by Mary Solada of Bingham McHale LLP on behalf of University Pediatrics
Associates.
Present for the Petitioner:
Mary Solada, Attorney_ with Bineham IcHa1e LLP
These 47,000 square feet offices opened in March
Pediatric specialists seeing 150 -160 outpatients per week
Six -story building approximately 160 feet from 116` Street
Building has unique configuration; not squared to the streets
Fourth wall sign will face north toward IU North Hospital
Sign located above canopy of Firth Third Bank
Sign approximately 79 square feet; 400 square feet total on building
ADLS review scheduled for July 5`"
Rendering of sign, site plan and aerial included in packet
Practical difficulties caused by unique shape of building
Identification needed for out -of -town families to find the site
www.carmel.in.gov Page 1 of 6 (317) 571 -2417
Carmel Board of Zoning Appeals Hearing Officer Meeting
June 27, 2011
Public Hearing closed
Department Report:
Rachel Boone
Three signs allowed because of the three street frontages
Not an uncommon request in the corridor
Square footage is under allowed amount
Sign meets ADLS requirements for color, lighting, etc.
July 5 Special Studies meeting is for placement of sign on building
Department recommended positive consideration of all variances.
Discussion:
Proposed sign is approximately same size as Fifth Third Bank sign
Fifth Third Bank sign is 98.85 square feet
Sign permit approval will check height and placement of sign
Action: Mr. Wilfong APPROVED Docket Nos. 11050008 V through 11050010 V, Riley
Specialists (Fidelity Plaza, tower 3) Signage for number of signs (4 proposed, 3 allowed); two
signs facing north right -of -way (2 proposed, 1 allowed); and total square footage (400 proposed,
300 allowed).
4. (V) 431 First Ave NW (King Residence) Garage Height
The applicant seeks the following development standards variance approval:
Docket No. 11060003 V Ordinance Chptr 25.01.01.B max. height for an accessory
structure
The site is located at 431 First Ave NW. It is zoned R- 2/Residence within the Character
Subarea of the Old Town Overlay. Filed by Jeff King, owner.
Present for the Petitioner:
Jeff King, owner
Removed old garage
.New .carriage house building .complements .remodeled .main house
From researching Zoning Ordinance Chapter 8 found 35 feet maximum height allowed
However., five feet over height permitted in Chapter 25 for accessory structures
Prefers not to remove roof
Has renovated other homes in the area
Public Input:
Justin Moffett, The Old Town Design Group
Also building homes in the neighborhood
Impressed with Mr. King's projects
Carriage house nice fit with the neighborhood
Jeff Watkins, 234 W. Main Street
Also owns 131 Third Street NW
Page 2 of 6
Carmel Board of Zoning Appeals Hearing Officer Meeting
June 27, 2011
Appreciates what Mr. King is doing in the neighborhood
Public Hearing closed
Department Report:
Angie Conn
Ordinance defines building height as measured half way up between the ridge and eaves
An accessory structure could be taller than 18 feet
Variance for about 5 feet
Department recommended positive consideration of the variance.
Action: Mr. Wilfong APPROVED Docket No. 11060003 V, 431 First Avenue NW (King
Residence) Garage Height for maximum height for an accessory structure.
5. (V) Applegate Addition lot widths
The applicant seeks the following development standards variance approval to have lot widths
of 45 -ft on 3 potential residential lots:
Docket No. 11060005 V Ordinance Chapter 23D.03.C.3.c.ii.a minimum lot width
of 50 feet
The site is located at 130 2nd St NW. It is zoned R -4 /Residence within the Character Subarea of
the Old Town Overlay. Filed by Justin Moffett of The Old Town Design Group.
P resent for Petitioner:
Justin Moffett, The Old Town Design Group
Developing several properties in Old Town Carmel area
Trying to build homes that fit objectives of the Old Town Overlay
o Cottage and craftsman styles
o Traditional neighborhood look
Previous request for 12 -unit building on this parcel did not work
Looked at four :scenarios to subdivide the property
o Two plans had three lots
o One with four lots
o Proposed plan of 45 -.'lot widths
o Three scenarios allowed platting of 3 lots without any waivers or variances
o Property zoned for multi- family use allowing double units
Variance will allow front elevations toward Monon Trail and Second Avenue NW
o All frontages facing Second Avenue NW could be done without variances
Intend to use platted alley behind property for access to rear -load garages
Worked out deed overlap with property owners to the north
Several property owners concerned with existing fence
o Fence will be replaced along north property line
o Not forward of the front -face of the new units
Will help move some barns belonging to north property owners
Still need approval through the Plan Commission to plat subdivision
Would go through SDR (Site Design Review) process before homes constructed
Page 3 of 6
Carmel Board of Zoning Appeals Hearing Officer Meeting
June 27, 2011
Architecture, tree preservation and landscape details all need approval
Proposed $400,000 $500,000 price point of the three homes
All three lots reserved with contracts
Should be redeveloped within the next 18 months
Public Input:
Hilda Hadley, 140 First Avenue NW
Very interested in historical preservation of Downtown Carmel
Concerned about construction traffic; very disturbing from previous Downtown Carmel
projects
Parking along First Avenue and Second Street has been rough with so many construction
workers
o Police did help
Questions alleyway is wide enough
Spreading himself thin for all his construction projects
Problem for neighbor on oxygen if electricity is cut
Would trees be removed and/or replaced
Dixie Packard, 4787 Oxford Place
Alley on the east end of parcel/back end for garages not an alley according to her research
o It is not owned or platted by anyone
o Considered a Gap
o Little un -owned Gaps are everywhere and not platted
They have owned vacant lot and double on First Avenue NW for over 30 years
o Mowed consistently up to Mr. Applegate's fence
o He kept the fence row clean
o Never any conversation about him owning beyond the fence line
How will the drain easement affect their property
Property is not platted; it is Meets and Bounds
Linus Rude, 131 Second Avenue NW
Parking issues on Second Avenue NW have been atrocious for past two years due to Sophia
Square construction
o Trash, nails, screws, ;etc
o Street lights have not worked for two years
o Has called construction company, Street Dept. and Duke Energy
o Notices were finally put on vehicles
o Construction workers were to park near old Street Dept. along the Monon
o Main concern is emergency vehicle access
o "No Parking" posted in front of Applegate property, but there are five and six cars
parked there
o Public does not seem to be aware of free parking under Sophia Square
Hopes "No Parking" zone is maintained along Second Avenue past Second Street
Appreciates what Justin is doing
Will increase his property value
Page 4 of 6
Carmel Board of Zoning Appeals Hearing Officer Meeting
June 27, 2011
Jeff King, 431 First Avenue NW
Favors the less density
Will keep character of Old Town
Seems like construction traffic, debris and Old Town parking should be controlled by City
Jeff Watkins, 234 W. Main Street
Owns house at 131 Third Street NW, north of Applegate property
Known Justin for several years
Been waiting for an improvement to the Applegate property
o Overgrown, mice, not kept up
They want similar style custom homes built next to their homes
Justin cares for the neighborhood
Justin addressed all their minor concerns without any problems
Their lot is similar and they support these custom homes
Rebuttal:
Justin Moffett
Quite a few comments related to construction noise, traffic, parking, etc.
o City has issues to address along Second Avenue specifically
o Construction parking, downtown employee parking
o Parking during his construction will be along proposed future alley
o Employed a full -time clean -up person to maintain all their sites
Will have engineer address alley situation to clear whether it has been deeded
o It showed up on the survey; whether or not that is accurate
o 165 feet lot depth which exceeds significantly what they need in depth
o 135 -ft. Lot depth at Blackwell park
o If they do not have plotted alleyway excess, we would move access drive onto the 165
feet of lot depth
o He will be in agreement with neighbors before proceeding with alley
o Minimum 20 -ft. depth driveway behind each home for off street parking
Require all buyers start construction within 24 months of lot purchase
o Will start as soon as existing homes sell
Working with City Forester regarding trees
o Many internal .trees .on.the site are not of good quality
o One large silver maple. along Second Avenue NW will be maintained as long as it is
healthy
o Few large evergreens along alley area will probably stay
o Most of their custom home buyers install more landscaping than exists
o Landscaping reviewed by Staff
Will sheet -drain to the street/curb
o Will not be installing any new drainage systems
o Considered a minor subdivision
o County regulated drain has a 75 -ft easement over the property owned by Ms. Hedges
and Ms. Packard overlapping part of his property
It was an open ditch, but is now an enclosed pipe
County Drainage Board is fine with reducing to 15 -ft; going off this parcel
Page 5 of 6
Carmel Board of Zoning Appeals Hearing Officer Meeting
June 27, 2011
Public Hearing closed
Department Report:
Angie Conn
Everything has been covered
Planning and Zoning Dept. will bring up the parking and traffic issues to the Street and
Engineering Depts.
Variance request is for 5 feet for each lot
Department recommended positive consideration of the variance.
Discussion:
Fence along north property will be replaced with new attractive privacy fence
o Will work with neighbors on style
City will need to be more on top of parking issues
Street and Engineering Depts. will need to check no parking areas for signage
Platting will be heard at the August 16 Plan Commission meeting
Action: Mr. Wilfong APPROVED Docket No. 11060005 V Applegate Addition minimum lot
width less than 50 feet.
Adjournment
The Hearing Officer adjourned the meeti ng at 6:15 PM.
Approved this 2 day of 072/y 20
Hearin fficer Ephraim Wil' 'ty_ .Secretary Con e Tg1ey
1
File: 20110627 hearing officer.doc
Page 6 of 6