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Home My WebLink AboutMinutes BZA 04-22-13 / r4aRT\tiky,,\` �� / City N-1111 IAN/ MINUTES Carmel Board of Zoning Appeals Regular Meeting Monday, April 22, 2013 6:00 p.m. Council Chambers, Carmel City Hall Present: James Hawkins, President Leo Dierckman Earlene Plavchak Alan Potasnik Ephraim Wilfong(arrived late) 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 Earlene Plavchak: The Minutes for the meeting dated March 25,2013 were approved as circulated. MOTION CARRIED 4-0 Department Report: Alexia Donahue-Wold o Items 3-5, Getchell Accessory Dwelling, 11333 N. Gray Road,tabled to May 28, 2013 meeting ® Items 6-7, Holiday Inn— Signage, 9797 N. Michigan Road, tabled to May 28, 2013 meeting o Items 14-15, Carmel Corners, Meijer Outlot B, need suspension of rules for Public Notice o First Public Notice had incorrect date o Second Public Notice did not make 25 days' timeline; but more than 10 days Motion: On a motion made by Leo Dierckman and seconded by James Hawkins: The Rule of Procedure be suspended to hear Items 14-15,Docket Nos. 13020003 V and 13020004 V, Carmel Corners,Meijer Outlot B. MOTION CARRIED 4-0 ILegal Report: John Molitor • City declined to participate in.Appeal for decision regarding Bowen's cabin with remonstrance by neighbors, Barnetts o Barnetts have appealed decision by Trial Court to the Indiana Court of Appeals WWW.CARMEL.IN.GOV Page 1 of 6 (317) 571-2417 Carmel Board of Zoning Appeals April 22,2013 Public Hearing: 1-2. WITHDRAWN: (V) Greyhound Commons—Signage.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 TUESDAY MAY 28- (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 11333 N Gray Road. It is zoned S-1/Residence District. Filed by Joe Getchell, owner. 5-6. TABLED TO TUESDAY MAY 28- (V)Holiday.Inn—Signage The applicant seeks the following development standards variance approvals: Docket No. 13020024 V Ch. 25.07.02-03 b) 1. Number of signs (2 proposed, 1 allowed) Docket No. 13020025 V Ch. 25.07.02-03 b) 1. Number of signs facing west ROW(2 proposedd, 1 allowed). The site is located at 9797 N. Michigan Rd.It is zoned B-6 and is within the US 421 Overlay Zone. Filed by Lee Heppenheimer of HC Carmel,LLC. 7-9. TABLED TO TUESDAY MAY 28- (V)Butler Hyundai—Signage. The applicant seeks the following development standards variance approvals: Docket No. 13020026 V Ch. 25.07.02-03 b) 1. Number of signs(6 proposed,2 allowed) Docket No. 13020027 V Ch. 25.07.02-03 b)3. Number of signs facing south ROW(4 proposed, 1 allowed) Docket No. 13020028 V Ch.25.07.02-03 b) 1. Number of signs facing east ROW (2 proposed,, 1 allowed). The site is located at 4200 E. 96th St. It is zoned B-3 and is not located within any Overlay Zone. Filed by Timothy E. Ochs of Ice Miller on behalf of 4148 96th St., LLC 10-12. (V) Salain Garage,Woods at Lions Creek Lot 19. The applicant seeks the following development standards variance approvals for a detached garage. Docket No. 13030003 V ZO Ch.25.01.01.B.3(a)(i) Min 25 ft setback behind front building line,.0 requested Docket No. 13030004 V ZO Ch. 25.01.01.B.5 Max ground floor area 720 sq ft, 1316 sq ft requested Docket No. 13030005 V ZO Ch. 25.01.01.B.1 Max height 18 ft, 19 ft requested The site is located at 4417 Serengeti Circle. It is zoned S-1/Residence. Filed by Dan Salain, owner. Present for Petitioner: Dan Salain, owner • Bought property from Pulte contingent upon being able to build exterior garage o Already exterior garage on Lot 8 o Approved another on Lot 29 to be constructed in a few months o All lots are over one acre • Pulte built house next to their lot; adjoining location of garage o Built home after they approved Salain garage o Letter of support with no objections • Structure will meet architectural guidelines within community Page 2 of 6 Carmel Board of Zoning Appeals April 22,2013 • o Prairie style home o Similar brick and mason work for garage o Structure will face as if a home with side load entry • House is forty feet from building line o Lot curves making garage 56 feet past street line; 14 feet from building line o Giant slope on property preventing moving garage back further o Structure about 80 feet from adjacent home on Lot 20 • Structure about 1300 square feet o Meeting75 % rule • Height variance for boat with 10-foot boom o Need 16 feet height to work in garage • Garage is for personal items o Currently using two storage places o Boat, 1991 truck, trailer, off-road motorcycles, lawn mowers, equipment, etc. • Boat on trailer almost 28 feet in length • Existing rule is 24 by 30 feet for detached garage; too short for boat on trailer • Layout of garage shown o Very end of back of garage is where land slopes off 9 to 10 feet • Pervasive curve around whole neighborhood • Cannot push back any further • Shrunk garage to meet front of existing home and fit available spot • Map of neighborhood shown o Lot 19 indicated with existing home on Lot 20 • None of the neighbors have raised objections o Lot indicated with existing exterior structure o Lot 29 also proposing exterior structure approved by Pulte • Design of prairie style home and garage shown o Front of garage will be similar to home • Brick and cement facing • Footprint shown with electrical layout o Rendering of home with garage shown Public Hearing closed. Department Report: Alexia Donahue-Wold • Variances are for new proposed detached garage • Most detached garages are required to be setback 25 feet behind front of home o Slope of property makes that difficult • Design of garage matches home • Smallest portion of garage will face street • Garage doors will face home; not street • Have not heard any remonstrance • Received approval from Homeowners Association/Pulte Department recommended approval of the variances Page 3 of 6 Carmel Board of Zoning Appeals April 22,2013 Discussion: • Existing/original home in subdivision (Lot 8) already has large detached garage o Home was estate home on larger lot with detached garage/guest house o Originally on lot larger than 3 acres; did not need variance • Thirty-three feet between two garages o Enough room to get boat in and out of garage • Reminded to get Homeowners Association approval Motion: On a motion made by Leo Dierckman and seconded by James Hawkins: Docket Nos. 13030003 V through 13030005 V, Salain Garage, Woods at Lions Creek Lot 19, for minimum 25 feet setback behind front building line, 0 requested; maximum ground floor area 720 square feet required, 1316 square feet requested; and maximum height 18 feet required; 19 feet requested, be approved. MOTION CARRIED UNANIMOUSLY 13-14. (V) Carmel Corners,Meijer Outlot B The applicant seeks the following development standards variance approvals for a multi-tenant commercial building. Docket No. 13020003 V ZO Ch. 20G.05.07.B.4(d) No parking between a building and the street • Docket No. 13020004 V ZO Ch.25.07.02-04.b.1.b No ground sign permitted,only 1 street frontage. The'site is located at 1425 W. Carmel Dr. and is zoned OM/M: Old Meridian District,Meijer Subarea. Filed by Ryan Schultz of Versa Development. Present for Petitioner: Ryan Schultz,Versa Development • Propose 8000"'square'feet retail facility • Ordinance prefers buildings be pushed to roadway with parking behind o Development within overall parking field for Meijer o Trying to preserve existing traffic patterns for pedestrian and customer safety o Large stor'mand sanitary sewer existing on property defines position of building • Diagram shown o Existing shopping center to south applied for similar variances • For preservation of traffic patterns throughout development • Variance needed for ground sign not permitted in Old Meridian District o Sign will help direct traffic to development from corner of 126th Street and Pennsylvania • Existing berm somewhat obscures building o Sign will direct customers to site Public Hearing closed Department Report: Alexia Donahue-Wold • Normally buildings in Old Meridian District are pulled up to street • This is existing site in Meijer outlot o Existing site conditions make sense for layout and location of new building o Discussed pulling the building up to Pennsylvania Street • With existing site conditions, they chose this location • As in-fill project, should not have any negative affect on surrounding properties Page 4 of 6 Carmel Board of Zoning Appeals April 22,2013 • Since they face one street frontage, they would be allowed either signs for each tenant or a ground sign o Building is set back about 110 feet from Pennsylvania Street with large landscape buffer and street trees that block part of building o Additional ground sign needed to aid in identifying tenants of building o Sign meets size requirements and is six feet tall Department recommended positive consideration Discussion: • Sign needed because berm restricts visibility of some of the tenant signage on building frontage o Substantial landscaping at corner of 126`" Street and Pennsylvania Avenue o Monument sign beneficial to get people to site , o Tenant signs will be over doors; indicated in packet _ o Landscaping on berm and the trees block visibility • If building brought to street, variances would not be needed o Visibility would be increased o Financially, it makes more sense to leave building in proposed location • Petitioner willing to give up or table monument sign in order to have parking variance • Petitioner would like to table sign variance to.later date rather than withdraw o Need to negotiate with tenants,who thought monument sign was part of package o If tabled, it can be voted on at next meeting Discussion of tabling process: • Can remained tabled until Petitioner is ready to continue or Board can remove,it from agenda if it has been too long • Mr. Dierckman & Mr. Potasnik felt they should be handled together; not vote on one and table the second • Mr. Hawkins,felt this could affect the Petitioner's ability to negotiate with tenants , - _ - o Mr. Schultz stated their negotiations with tenants were predicated on fact that ground sign was not permitted and an attempt would be made to obtain one • If it would jeopardize entire development, he was willing to let the sign go and deal with it on their end • Petitioner has right to withdraw either or both of the variances any time before a motion is made • Up to Board if they want to vote on one variance and allow Petitioner to table other variance to future date • If petition is withdrawn, it can be re-filed three months later • If petition is defeated, it could not be voted on for six months • Discussion: • Mr. Dierckman did not like all the signs o Board is not precedent setting; there will be trees everywhere • Carmel has the most broad-based beautiful landscaping requirements • A lot of signs are not visible without being on top of them o No compelling reason to vote in favor of ground sign • If building brought up to street, they would not need first variance • He felt they could have one or the other; not both Page 5 of 6 Carmel Board of Zoning Appeals April 22,2013 • Everybody has to deal with landscaping and their signage not being visible from a distance • Mr. Wilfong stated it was pointed out at Plan Commission that the building cannot be brought up to the street without spending an enormous amount of money to re-route the utilities • Mr. Potasnik felt tabling was open-ended and never ending with no drop dead date o Board can withdraw an item for lack of prosecution WITHDRAWN by Petitioner: Docket No. 13020004 V Motion: On a motion made by Leo Dierckman and seconded by James Hawkins: Docket No. 13020003 V, Carmel Corners,Meijer Outlot B, no parking between a building and the street, be approved. MOTION CARRIED UNANIMOUSLY Adjournment Motion: On a motion made by James Hawkins and seconded by Earlene Plavchak: The Meeting be adjourned. MOTION CARRIED UNANIMOUSLY The meeting adjourned at 6:57 p.m. • • Approved this 25( day of M" 2013 P esident- James R. Hawkins Secretary - I ni-r ingley Page 6 of 6