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MINUTES
Board of Zoning Appeals
Regular Meeting
Monday, March 25, 2013
6:00 PM
Council Chambers, Carmel City Hall
Present: James Hawkins,President
Leo Dierckman
Earlene Plavchak
Alan Potasnik(absent)
Ephraim Wilfong
Nick Kestner, Alternate
Connie Tingley, Recording Secretary
Staff members in attendance: Alexia Donahue Wold,Planning Administrator
Mike Hollibaugh, Director, Department of Community Services
Legal Counsel: John Molitor
Previous Minutes:
On a motion made by Leo Dierckman and seconded by Ephraim Wilfong:
The Minutes for the meeting dated February 25,2013 were approved as circulated.
MOTION CARRIED UNANIMOUSLY
Department Report: Alexia Donahue Wold
• Item 13, Docket 13020015 V has been withdrawn
• Items 3-4, Docket Nos. 13010015 UV and 13030002 V have been tabled to April 22 meeting
• Request Board re-order agenda to move Old Business, Item 1, Docket 13010008 V, 1631 W Main Street
to beginning of meeting
o Understand petitioners and neighbors have come to agreement
o Short presentation and comments will be made regarding any changes to project
• Ask Mr. Molitor to address precedent setting decisions made by BZA
Mr. Molitor:
• Concern regarding Docket 13010008 V rear yard setback
o BZA is quasi-judicial body
• Not judges or court hearings
• Procedures are similar to court
• BZA is not precedent setting body
WWW.CARMEL.IN.GOV Page 1 of 7 (317)571-2417
Carmel Board of Zoning Appeals
March 25,2013
• Decisions made on one case do not obligate Board to follow same concept for
future cases
• Decision might be appealed to higher court; State Court of Appeals or State
Supreme Court
o Plan Commission is not precedent setting body
Alexia Donahue-Wold:
• Items 1-2, Dockets 120710014-15 V tabled indefinitely
Discussion regarding Items 1-2:
• Has not been acted upon for several meetings; not being actively pursued
• Petitioner has been in negotiations between property owner and property user
• Board can vote to delete Items 1-2
o Staff directed to inquire if Petitioner is going to pursue variances
o Would need another public notice, if variances are removed
o If not removed, it could continue to appear on agenda for public information
• Staff will contact Petitioner
Legal Report: John Molitor
• Board met in Executive Session last week to discuss pending litigation
o BZA won its portion of the case
o City Lost its portion
• City has decided it does not intend to pursue further appeal
o He did not know if remonstrators would pursue an appeal
Motion:
On a motion made by James Hawkins and seconded by Ephraim Wilfong:
Old Business item,Docket No. 13010008 V. 1631 W. Main Street be moved to the top of the
Agenda.
MOTION CARRIED UNANIMOUSLY
Old Business
1. (V) 1631 W Main St,Rear yard setback.
The applicant seeks the following development standards variance for a new home.
Docket No. 13010008 V ZO Ch.5.04.03 Rear yard setback
The site is located at 1631 W Main Street. It is zoned S-1/Residence. Filed by Joe Garcia on behalf of the
owners, Andrew and Laurel Schneider.
Public Hearing Opened
Present for Springmill Streams HOA:
Scott Wyatt, attorney with Campbell, Kyle and Profitt
• Also represented adjoining property owners to south: Miller, Telesco and Woock
• Schneiders and neighbors had numerous conversations and met several times
o Have reached an agreement and commitment that has been signed by all parties
Page 2 of 7
Carmel Board of Zoning Appeals
March 25,2013
• Clients would have no objection to variance with setback to at least eighteen (18) feet for
house and setback of at least ten (10) feet for garage
• Commitments were made by Schneiders for landscape plan along southern property line
for all three neighboring properties
• Landscape specifics have not been finalized
• Preliminary/representations made
• Commitment to finalize plan
o Representations and possible berm
o Want opportunity to speak to landscaper for best plantings for area
o Will submit plan to property owners
• HOA will inspect 18 and 10 feet setback commitments
• Existing out building will be painted on southern face
• His clients support the variance with these Commitments
Present for Petitioner:
Andrew and Laurel Schneider
• Had looked over documents
o Met with their lawyers
o Worked on document together for common agreement
• In agreement with Commitments
Public Hearing closed
IDepartment Report
Alexia Donahue-Wold
• Petitioners and neighbors were able to come to an agreement
o Originally garage was proposed to be one foot and house to be about twelve feet from rear
property line
o Under agreement house will be about eighteen feet and garage about ten feet set back from rear
property line
o Also committing to additional landscaping
• Existing home on site was demolished
o Original home was at least twenty feet, which met rear set back
• Petitioners are trying to stay within original home location
• Larger home is proposed with similar style of architecture
o Two story
• Working within constraints of numerous mature trees, existing driveway, utility
lines
• Improvement should increase property value
• Privacy should not be an issue
o Garage does not have windows on back
o Set back ten feet further than previous garage
o Originally proposed no windows on rear house elevation
Department recommended positive consideration of variance with the new Commitments
Page 3 of 7
Carmel Board of Zoning Appeals
March 25,2013
Motion:
On a motion made by Leo Dierckman and seconded by Earlene Plavchak:
Docket No. 13010008 V, 1631 W.Main Street rear yard setback be approved with Commitments:
1. House will be eighteen (18) feet set back from property line; 2. Garage will be ten (10) feet; 3. Landscaping
will be put into place along property line to satisfaction of neighbors; and 4. Ancillary building will be painted.
MOTION CARRIED UNANIMOUSLY
Public Hearing
1-2. TABLED INDEFINITELY: (V) Greyhound Commons—Signage.
The applicant seeks the following development standards variance approvals:
Docket No. 12070014 V PUD Z-344, Section 11.3(C) (1): Number of signs (2 additional proposed,1
existing allowed)
Docket No. 12070015 V PUD Z-344,Section 11.3 (C) (3): Ground sign height (20 +1-proposed, 10'
allowed). The site is located at 14480 Lowes Way. It is zoned PUD/Planned Unit Development. Filed by Joy
Skidmore of Kite Realty Group.
3-4. TABLED TO APRIL 22,2013: (UV,DSV) Getchell Accessory Dwelling,11333 N Gray Rd
The applicant seeks the following use variance approval for an accessory dwelling in an S-1 Residence District:
Docket No. 13010015 UV ZO Ch. 5.01.01 Permitted Uses
Docket No. 13030002 V ZO Ch 25.01.01.B.1: Max. Height 18 feet for Accessory Structure
The site is located at 1133 N Gray Road. It is zoned S-1/Residence District. Filed by Joe Getchell, owner.
5-13. (V) Tom Wood Subaru Rebuild.
The applicant seeks the following development standards variance approvals for a new Subaru dealership
building:
Docket No. 13020007 V ZO Ch. 26.04.07 Side yard buffer requirements,eliminate
Docket No. 13020008 V ZO Ch.26.04.07 Front&Rear yard buffer requirements,reduce width
Docket No. 13020009 V ZO Ch.26.04.07 Min. number of bufferyard plants,reduce plantings
Docket No. 13020010 V ZO Ch.25.01.02.B.9 Lighting,no greater than 0.3 Foot-candles at lot line
Docket No. 13020011 V' ZO Ch. 25.07.02-03.B.1 One sign per street frontage,5 requested
Docket No. 13020012 V ZO Ch.25.07.02-03.B.3 No more than 2 signs facing a street,5 requested
Docket No. 13020013 V ZO Ch. 14.04.09 80% max.lot coverage
Docket No. 13020014 V ZO Ch.27.08 Amount of Parking spaces required
WITHDRAWN Docket No. 13020015 V ZO Ch.2.09 10 foot side path required per
Transportation Plan
The site is located at 3300 East 96th Street. It is zoned B-3/Business. Filed by Paul Reis with Krieg DeVault on
behalf of Wood Subaru RE,LLC.
Present for Petitioner:
Paul Reis, Krieg DeVault; Bart Schlosser, General Manager of Tom Wood Subaru; Mike Terry, Roger Ward
Engineering
• Aerial shown
o North side of 96th Street east of Keystone
o Existing Subaru Dealership east of parcel
o Penske Automotive Group west of parcel
o Additional automobile dealerships and commercial businesses along 96`h Street
• Wish to redevelop property to relocate dealership from east parcel
o Larger parcel to accommodate larger structure
Page 4 of 7
Carmel Board of Zoning Appeals
March 25,2013
• Series of variances to redevelop parcel in meaningful way
o Site plan superimposed upon site
o 13020007 elimination of side yard bufferyards
• New building very close to property line
• One drive aisle on east side of property
• Vehicles will enter building and go through service area to north
• Eliminate five-foot landscape buffer on both sides
• Will not have detrimental effect on adjacent properties or general public
o Commercial/automobile dealerships
o Buffer on either side not visible to general public
o Lack of buffers will not have any effect on general public or adjacent
properties
o 13020008 reduction of landscape buffers on north and south sides
• Penske Automotive property north of parcel
• Currently parking lot for various vehicles for sale or in service
• Reduce buffer to accommodate additional parking to north
• Decreased buffer will not have negative effect on general public or community
• Buffer along 96th Street
• Multi-use path will run along 96th Street
• Reduce 96th Street landscape buffer from 15 feet to 10 feet
• Properties along 96th Street are automobile dealership or heavy commercial uses
• Will be adding landscaping to current site
• Will not have impact on general public or adjacent properties
o 13020009 reduce amount of plant material
• 96th Street is an arterial road and requires intense landscape buffer
• Not adjacent to residential or commercial use that would be affected by reduction
in plant material
• If maintained required level of plant material, it would screen the product/cars
• Landscape plan will be reviewed by Urban Forester and Plan Commission
o Urban Forester is comfortable with landscape plan for both bufferyards,
but did not comment on width
o 13020010 increase in illumination
• Highlighted areas illumination would exceed .3 foot-candles
• Along 96th Street, west property line, most of east property line and portions of
north property line
o Imperative for automobile dealership to have adequate illumination for
security purposes
o Not adjacent to any residential or commercial property that would be
negatively impacted by additional illumination
• Will provide better visibility
• Need adequate illumination away from 96th Street for safe keeping
of vehicles
o 13020011 & 13020012 number of signs
• Site has one frontage on 96th Street
• As licensed franchisee of Subaru, there are signage requirements
Page 5 of 7
Carmel Board of Zoning Appeals
March 25,2013
• South elevation will have four signs
o Logo for Subaru, Subaru name, dealer name and service entrance
• Additional ground sign along 96th Street
• Signs consistent with signs in area
• Dealership identification signs will not have negative impact on general public or
community
o 13020013 maximum lot coverage
• With exception of bufferyards, lot is asphalt all around
• Need to increase lot coverage for parking and east side drive-thru
o 13020014 decreased number of parking spaces
• Ordinance has specifications for all types of activities at automobile dealership
• Parent company has extensive experience with parking requirements for various
functions
• They feel number of parking spaces shown on site plan will be adequate to cover
all activities
Public Hearing closed
Department Report:
Alexia Donahue-Wold
• Most of the variances caused by unique use of site as auto dealership
• Department supports the three bufferyard variances
o Developing an existing site with no current buffer
o Buffers will be improvement to site
o Surrounded by similar uses that do no necessitate a dense buffer between dealerships
o Urban Forester supports the variances
o Will go before Plan Commission for ADLS approval of site design
• Requirements for lighting are to protect adjacent properties from any adverse effects from excessive
lighting
o Adjacent properties are similar in use and should not be negatively impacted by increased
illumination
• Only one sign permitted per street frontage
o Request for 5 signs
• Proposed signs within size limit allowed in the Sign Ordinance (70% height and 85%
width rules)
• Ground sign will replace existing ground sign
• Will be improvement to site
• Meets height and square footage requirements
• Currently site completely covered by pavement and building
o Petitioner is adding some bufferyards to front and rear
• Petitioner proposing 96 parking spaces
o 14 planned for customers and 14 for employees; remaining for car display
Department recommended positive consideration of all variances.
Page 6 of 7
Carmel Board of Zoning Appeals
March 25,2013
• Discussion:
I • Any additional signage under three square feet considered incidental and does not require permits
• Property to east is Carmel Motor Sports
• Free flow of traffic through lots under one parent ownership
• Ground sign will go near entrance/east side of site
Motion:
On a motion made by Leo Dierckman and seconded by James Hawkins:
Docket Nos. 13020007 V through 13020014 V, Tom Wood Subaru Rebuild for elimination of side
yard buffer requirements; reduced width of front and rear yard buffer requirements; reduced plantings in
bufferyards; lighting no greater than 0.3 foot-candles at lot line; five signs per one street frontage; five signs
facing a street; 80% maximum lot coverage; and decreased number of parking spaces, be approved.
MOTION CARRIED UNANIMOUSLY
Adjournment
Motion: On a motion made by James Hawkins and seconded by Leo Dierckman:
The Meeting be adjourned.
MOTION CARRIED UNANIMOUSLY
The meeting adjourned at 6:50 p.m.
Approved this - day of 20 a.
R
P ,sident- James R. Hawkins Secretary - Co )1e Ti,ley
Filename:3.25.2013 regular meeting
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