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HomeMy WebLinkAboutMinutes BZA 05-01-12 Hearing OfficerLegal Counsel: John Molitor Public Hearing City of Carmel Present: Ephraim Wilfong, Hearing Officer Connie Tingley, Recording Secretary MINUTES Carmel Board of Zoning Appeals Hearing Officer Tuesday, May 1, 2012 Meeting 5:30 pm Caucus Rooms, Carmel City Hall Staff Members: Alexia Donahue Wold, Planning Administrator Angie Conn, Planning Administrator Department Report: Alexia Donahue Wold Department received several emails from neighbors o Copies given to Petitioner o Copies given to Hearing Officer just before meeting Main concerns with added second story: o Privacy into back yards o Current and existing noise from children playing With expansion, would there be increased enrollment adding to noise? o Increased traffic o Small lot surrounded by homes o Property values o Only few residents received notice Note: Petitioner met public notice requirements o Second story would stand out and detract from residential atmosphere 1. (SU Amend) International Montessori School, 2 Floor Addition. The applicant seeks the following special use amendment approval: Docket No. 12040014 SU Amend ZO Chptr. 5.02 Expansion of Special Use The site is located at 2150 W. 96 Street. The site is zoned S -1 /Residential. The petitioner is requesting a 2,500 sq.ft. second floor addition to the existing school. Filed by Joel Bowers, Delta Construction, on behalf of the International Montessori School. Present for the Petitioner: Joel Bowers, Delta Construction, Dr. Tarlochan Dhadialla, owner International Montessori School, Jim Mack, Mack Architects WWW.CARMEL.IN.GOV Page 1 of 6 (317) 571-2417 Carmel Board of Zoning Appeals Hearing Officer May 1, 2012 Mr. Bowers: Working on plan for adding second story to school Also neighbor directly behind/east of the school Addition is for more space, not to double enrollment Lots of trees for privacy from his property and other neighbors Dr. Dhadialla: His wife runs the school At this location approximately eight years Improved the original dilapidated building Traffic from the school is only a fraction of the traffic on 96 Street o Traffic is not continuous during the day o School hours are 7:00 am to 6:00 pm for before and after enrichment programs o Core program runs 9:00 am to noon with some staying until 3:00 pm o Peak traffic time around 9:00 am for 20 -35 minutes Parents strictly told to drop students in that window of time Students exit at noon in approximately 20 minutes Cars are not stationary Children are placed in cars and parents drive out Students exit at 3:00 pm in approximately 20 minutes Very few leave at 6:00 pm o Sometimes during peak traffic on 96 Street, 4:00 -5:00 pm or 8:00 am, traffic builds up at intersection of 96 Street and Township Line Roundabout at 96 and Shelborne improved traffic School does not add to traffic back up Noise level will not increase o Montessori students are taught respect o Children play outside around 11:30 pm and 1:30 pm for 30 minutes o It is not a daylong noise level outside the school building o Spend most time in classrooms Lots of trees for privacy o There is a two -story house behind the school He felt a well- functioning school would add value to surrounding properties Children are taught to be mindful and respectful of the environment Addition will not double size of building or capacity for students o Will improve environment for children for art work and music programs o Cramped at present time Mr. Bowers: Addition will be four rooms, including an administrative office and two larger rooms on east and west side of building Proposing a hip roof; not large gable roof Started as proposed atrium for children to wait out of the weather o Major challenge for roofline o Made more sense to get something for the large roof Will look like two -story home and fit into neighborhood Page 2 of 6 Carmel Board of Zoning Appeals Hearing Officer May 1, 2012 Mr. Wilfong: Asked if there were any time restrictions on the meeting Mr. Molitor: Same time limit restrictions as regular BZA hearing o Fifteen minutes for organized remonstrance o Five minutes for other comments o Total of twenty minutes o Not required to end meeting by 6:00 pm when regular meeting is supposed to start Remonstrance: Al Capuano, 9691 Prairiewood Way, President HOA Received copy of notice Wednesday from Emery Kovac, neighbor of school o Not many neighbors had heard about the project o Sent a letter to all homeowners and received several responses (given for file) Weitekamps, Dreuschels, Emery Kovac, Kathy Sax (board member), Brian Hayes (present at meeting) Concerned about enrollment o Enrollment could increase, not necessarily double Traffic is number one concern o Parents park on streets during meetings because parking lot is small They park almost on the street in the grass Many times they park on the grass of the Homeowners Association o Weitekamps border property on back; next to Bowers Concerned with noise, privacy People can look from second story into their yard Roundabout at Township Line Road and 96`" Street will start this Fall ending next Spring o That will shut down area o No one will be able to go west He assumed the school was a house at one time and subdivision built around it o School is surrounded by development on three sides Brian Hayes, 9661 Sunwood Way, HOA Board Felt conflict of interest for Joel Bowers to be neighbor and developer o Profitability from project Largest trees surrounding school are around Mr. Bowers' property o He would not see school or second story o Weitekamps' house south of Bowers' property has virtually no trees Their row of bushes and trees will take many years to provide privacy They look into backyard Parking lot has no room for expansion (16 spaces from Google map) o Traffic backs up to the school and onto 96 Street o Expanding the school will expand staff and requirements for staff o Drop off circle being 20 minutes will increase with larger student population o Traffic circle at 96 and Towne is designed to alleviate traffic issues along 96 Street During development it will cause traffic issues to the east Once completed it should alleviate traffic issues in areas related to stop sign Page 3 of 6 Carmel Board of Zoning Appeals Hearing Officer May 1,2012 During events, cars park along 96 Street on both sides creating a concern for entry and exit from subdivision Expansion may not be intended to expand the school population, but it does give additional space that could expand in future o Would that require an additional hearing? o What are limitations for future use of the property? Either the Montessori School or any future owner Opposed to expansion of the school for current or future uses Rita Grishin, 9650 Bramblewood Way, behind school, north side Expansion approved couple years ago for more space for students o Insured no second floor Will affect resale value of her house Hears very good things about school Not complaining about children playing on playground Neighborhood is on small lots o Not many young children in neighborhood o Pretty much empty- nesters in few years Conflict of interest for Mr. Bowers o He has small child that probably attends the school o At neighborhood meeting recently Bowers family wanted gate for privacy Leo Grishin, 9650 Bramblewood Way Conflict of interest for builder Stated he was only building house on east and west o What about rest of floor o Roof will make it height of a third floor Public Hearing closed Rebuttal: Mr. Bowers: His child does go to the school This started as a roof job o He works for a full service construction company o Would not leave school in middle of planning On plans, indicated his lot and Grishin's lot o Trees indicated in relationship to surrounding lots o Couple big trees in his yard o Also large trees on other lots o Most of the school sets behind his house It will be a second story o East and west are the two main rooms on the second story Dr. Dhadialla: Children and teachers respect privacy o Will not be looking out windows into neighbor's homes Page 4 of 6 Carmel Board of Zoning Appeals Hearing Officer May 1, 2012 Building is 30 to 40 years old o He did not know when the subdivision was built o It was a house before Special Use for a daycare and church Does not know when or if they would double in size Current roofline is shallow and does not provide sheltered entry o Decided second floor was best design for building This expansion is more space for quality of education Department Report: Alexia Donahue Wold Addition is over ten percent of current building; requiring Special Use Amendment Original approval in 1996 for a preschool 2005 another Special Use Amendment for addition to building Height will be within current S -1 zoning; 23 feet and 35 permitted Not adding to enrollment Space is for art room and administrative office Do not anticipate increase in traffic Materials will match existing building Current parking lot will limit expansion of enrollment Dedication of right -of -way has been requested by the Engineering Department o 2005 dedication of necessary right -of -way was a Condition o County has not been able to locate the 50 -foot dedication Note: Petitioner thought they had dedicated 50 -foot right -of way. They have been complying. Department recommended positive consideration Discussion: Enrollment is 80± ten percent They did not know the maximum allowed under the Fire Code Jim Mack, Mack Architects They have enough exits to meet Fire Code Sprinkler system will be added with second floor Discussion continued: Parking requirements are: o 1 space per employee and 2 spaces per classroom for elementary school Elementary school was determination for this project o 1 space per employee and 1 space per 6 students for kindergarten or preschool o They have eleven employees coming and going Five full -time Eight cars total Neighborhood allows buildings 35 feet tall o Single and two -story homes in neighborhood o At 23 feet, this building will be shorter than permitted height Page 5 of 6 Carmel Board of Zoning Appeals Hearing Officer May 1, 2012 Many parents attend for graduation and holidays o Lots of events are off -site o Split events to limit numbers o About four times per year they infringe on the parking Could cars be ticketed or towed? Could school be fined? Need to check how streets are marked for parking on 96`" Street and residential streets o They will work with parents to carpool and follow parking requirements Action: Mr. Wilfong APPROVED Docket No. 12040014 SUA Amend, International Montessori School Second Floor Addition for expansion of Special Use with Condition .documentation of dedication of 50 -foot right -of -way. Note: Mr. Molitor stated the public would have five business days (May 9th) to appeal this decision to the full Board of Zoning Appeals. Adjournment The Hearing Officer adjourned the meeting at 6:27 PM. Approved this oZ day of 20 ,g. Hearin Officer Ephraim fong Page 6 of 6 Secretary C File: 20120501 special hearing officer.doc