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HomeMy WebLinkAboutMinutes BZA 05-28-13 c;��uT�CAq�F! City of C E(]A SO�IQ'R1,' „ivDIRNp MINUTES Carmel Board of Zoning Appeals Regular Meeting Tuesday, May 28, 2013 6:00 p•m• Council Chambers, Carmel City Hall Present: James Hawkins, President Leo Dierckman Earlene Plavchak Alan Potasnik Ephraim Wilfong Lisa Motz, Acting Recording Secretary Staff members in attendance: Alexia Donahue-Wold, Planning Administrator Rachel Boone,Planning Administrator Mike Hollibaugh, Director, Department of Community Services ILegal Counsel: John Molitor Previous Minutes: On a motion made by Leo Dierckman and seconded by Earlene Plavchak: The Minutes for the meeting dated April 22,2013 were approved as circulated. MOTION CARRIED UNANIMOUSLY Department Report: Alexia Donahue-Wold • Items 4-5, Holiday Inn—Signage tabled to June 24, 2013 meeting Legal Report: John Molitor • Bowen case has been appealed to the Indiana Court of Appeals by the neighbors o City not involved in litigation o Will keep Board informed 1-3. (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 Docket No. 13030016 V ZO Ch 2.09: Compliance with the Transportation Plan,no Path & reduced ROW The site is located at 11333 N Gray Road. It is zoned S-1/Residence District. Filed by Joe Getchell, owner. Present for Petitioner: Joe Getchell • Accessory dwelling will be detached from house WWW.CARMEL.IN.GOV Page 1 of 10 (317)571-2417 Carmel Board of Zoning Appeals May 28,2013 • Pictures shown of house when he purchased it in 2001 o Original house built in 1903 o As framing contractor and custom home builder in Carmel, he remodeled home • Moved front door to side; faces north • Added porch • Does not intend to ever move • Realize Gray Road may expand • Added three-car garage • Added second story; increased from 1100 square feet to 3300 square feet • Picture shown of current home • Now have four children, three-car garage, acre yard with lots of trees, riding mower, leaf vac, motorcycle, etc. o Will have children driving, no street parking • Large circle driveway off Gray Road • When children are driving, will be jockeying cars every day • With current mortgage rates, feels now is time for this project • As home builder and framing contractor, financially smart to put studio apartment above garage o Main purpose will be for in-laws to use in future • Aerial shown o Large 60 x 120 pole barn on neighbor's property • Neighbors on south do not like view of barn • Originally planned to attach additional garage to home o House is long and narrow o Hard to aesthetically fit two-car garage onto house o Detached garage blocks view of pole barn for neighbors on south o Rendering of views and location of new garage shown o New garage would help block view of substation located behind their property o Would like new garage in line with neighbor's pole barn o Will add 6-foot fence to further block view of neighbor's pole barn • Letters from all neighbors supporting project o All in favor of proposed location • Steeper pitched roof on garage will match two pitches on home o Existing home has staggered Hardy Shake on two gables and lapped siding on remainder of house o Mid-point will be 22 feet instead of the permitted 18 feet • Received email on March 25 stating additional right-of-way dedication will be required per Thoroughfare Plan o 65-foot right-of-way required for this section of Gray Road o 67 feet from center of Gray Road to front porch of house • Right-of-way would be within 3 feet of front porch • Giving over/dedicating property would affect his appraised value • Feels adding structure will increase property value for his house and neighboring properties • Intend to never move; happy with home and Carmel Public in Favor: Stuart Lawrence,Carmel Pastor • Owns property at 116` Street and Gray Road Page 2 of 10 Carmel Board of Zoning Appeals May 28,2013 • Thinks it will be great improvement to neighborhood ' • Commendable a family would come and stay in an area and contribute to community Lisa Lawrence: • Owns home at 1161" Street and Gray Road used for wedding flower studio, ministry, rental for students and vacation home • Own two other properties in Carmel and lived here a long time • Serve small Carmel church and like to see people get a "leg up" • Long-time Hoosier • Excited about what Joe has done to property Public Hearing closed Department Report: Alexia Donahue-Wold • Use Variance is for accessory dwelling above detached garage on single family lot o Living space separate from main dwelling for parents to use • Use Variance triggered compliance with Transportation Plan to dedicate right-of-way o Required to build path within right-of-way • Accessory dwelling could be compatible use when considering size and location on site o Set back from street over 100 feet o Behind rear of main home o Architecture of building will be complimentary to existing home by matching style, materials and colors • Department supports Use Variance • Department supports height Variance due to unique use of structure o Taller height allows better design of accessory dwelling o Also allows it to match main home • Per Transportation Plan, required half right-of-way for this section of Gray Road is 65 feet o Change of usage by adding accessory dwelling on single-family lot requires dedication of additional right-of-way as well as construction of ten-foot path o Department would be comfortable with variance for 10-foot path if Petitioner would dedicate right-of-way • Existing sidewalk connects properties to north and south o Department would be supportive of Commitment to dedicate right-of-way when needed for improvements to Gray Road • Would support minimum 50-foot dedication of right-of-way instead of full 65 feet • 65-foot right-of-way would be close to house o Department does not support right-of-way variance Department recommended position consideration of Docket Nos. 13010015 UV and 13030002 V. Department recommended negative consideration of Docket No. 13030016 V. IDiscussion: • Original home built in 1901. to 1908 • Maybe it should be on historical registry o Owners should be compensated if right-of-way is taken for road improvements Page 3 of 10 Carmel Board of Zoning Appeals May 28,2013 • Gray Road traffic has increased o Gray Road was gravel to 106`" Street until about 9 years ago o Thoroughfare Plan coming into play only because property owners have asked for two small variances o Other properties along Gray Road will likely be compensated if right-of-way is ever needed because they would be negatively impacted o Necessary to make road improvements, but should not try to extract large right-of-way swaths o Taking that much road frontage will impact improvements and remainder of property o Right-of-way is different than measuring from edge of asphalt o Engineering probably willing to do improvements in as small a right-of-way as possible; that is why they were willing to settle for less right-of-way (50 feet) • Porch is same footprint;just reconstructed • House sits on original stone foundation with original exterior walls; remodeled inside • Any roundabout close to a house causes issues • Easier to expand on west side of Gray Road which has no structures except barn • Mr. Getchell has not seen plans for expansion of Gray Road o Fears his property would become blister for new neighborhood Motion: On a motion made by Leo Dierckman and seconded by James Hawkins: Docket Nos. 13010015 UV, 13030002 V and 13030016 V, Getchell Accessory Dwelling, 11333 N. Gray Road for permitted uses; maximum height 18 feet permitted for accessory structure (21 feet requested); and compliance with Transportation Plan (no path required and reduced right-of-way), MOTION CARRIED UNANIMOUSLY 4-5. (V) Holiday Inn—Signage TABLED to June 24 meeting 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 proposed, 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. 6-8. (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 Present for Petitioner: Tim Ochs, attorney with Ice Miller LLP • Packet submitted to Board had been titled incorrectly • Overall site plan shown as approved o Received ADLS and Development Plan approval • Will include construction and dedication of Randall Bypass with installation of new traffic signal • Existing Randall Drive will be closed and have pavement removed Page 4 of 10 Carmel Board of Zoning Appeals May 28,2013 • Numerous meetings with neighbors to north of parcel • Worked out lengthy set of Commitments • Sign package was presented to them from beginning of proposal o Neighbors knew signage would require variances o Petitioner agreed signage would not exceed proposed sign package • Elevation shown of building looking from 96th Street to slightly east of proposed building o Demonstrates scale of proposed signage, as it relates to building, is appropriate o Blue box on which signs are mounted gives building far more interesting architectural feature o On far west is small "Butler" sign; additional wall sign facing 96`'' Street • Wall sign for entrances to service bays faces 96th Street • Approved elevation shows location of"Butler" sign o Archway is another architectural feature not directly connected to building with silver Hyundai emblem for branding • Entryway for customers onsite entering into front door of building • Number of signs requested (6) exceeds overall permitted number for site o Square footages are in line with the Ordinance o Signs intended to be seen by traveling public would be the "Butler" sign, "Hyundai" sign facing to south, "Hyundai" sign facing east o All other small signs are intended to be seen by people on site o Three wall signs and one monument sign, seen by traveling public, meets the Ordinance requirements • East and west elevations shown o No signage on west elevation o Sign on east elevation scaled appropriately for building • View shown from south elevation to back of building • Signage package was attached to Commitments to neighborhood association o Sign from another Hyundai dealership shown o Consistent with national sign standards for Hyundai dealerships o Appears large but is within scope of building o Close up of archway shown • Intended as branding tool for people already on site; not visible to traveling public o Service emblem shown, ,approximately 11 feet 4 inches with lettering just over 25 inches tall for logo and 18 inches for"Service" sign o "Butler" sign on front façade is 18 inches tall and just over five feet in width o Monument sign placed toward Randall Bypass, facing east/west, is second sign facing east • Size meets requirements of Carmel Sign Ordinance • Sign Ordinance would permit 6-foot tall sign up to 75 square feet • This one is approximately 21 square feet • Feel they have been modest in proposed square footage of signage o Consistent with scale and size of property • This is one of a number of dealerships along 96th Street o O'Brien dealership east on 96th Street has 7 walls signs with an oval curve on front of building • Includes a very large "Tom O'Brien" sign facing east • Additional panel on monument sign out front • More signs than Hyundai proposing o Honda dealership has six walls signs including one monument sign • Monument sign larger than proposed Hyundai sign o Penske has three very large wall signs, including a large Chevrolet emblem that faces east Page 5 of 10 Carmel Board of Zoning Appeals May 28,2013 o They feel Hyundai requests are consistent with signage already improved and installed for other car dealerships along north side of 96th Street Public Hearing closed. Department Report: Rachel Boone • Feel proposed signage is fairly modest for a single automotive dealership without a lot of brands to name on wall signage o On two public street frontages; two signs permitted • Biggest concern for two large wall signs, side-by-side on big blue box o Blue box was not problem o Prefer only one sign, not same signs on each side of box o Make use of ground sign at Randall Bypass for two entrances to dealership Department supports five of the six requested signs. Department recommended negative consideration of two signs facing east(Docket No. 13020028 V) Discussion: • Staff in favor of five of the proposed six signs in Docket No. 13020026 V • Gateway arch into main entrance, sign over service doors and all signs were in original package o Arch enhances architecture and holds sign • According to Hyundai, arch makes building more welcoming for customers • Eliminating arch gives building institutional appearance • Glass doors and panels; very non-descript • Arch adds color and variety • Two signs on east elevation are the wall sign and ground sign • Permitted size for ground sign is 75 square feet; proposing 21 square feet o Ground sign at Honda building is larger o Large block of blue on top of Honda building • Hyundai sign is similar; blue with Hyundai symbol and "Hyundai" • Hyundai sign will be backlit and shine against the blue • Big blue box is part of building o Could have box without"Hyundai" sign/logo on east elevation • Ground monument would be one sign on east elevation • Sign justifies cost of blue panel/box • Box appears to be part of the branding • Hyundai has indicated this is signage at new dealerships with two signs on the block • At Plan Commission meetings, public was more concerned with other issues than sign package o Concerned with Bypass, road going back into parcel, how remainder of parcel would be used o The signage cube/box was not discussed o Car dealerships interested in clean, flashy look o Staff worked with the Sign Ordinance and remonstrators • Signage was not big subject to neighbors • Neighbors knew variances would be needed for signage • No signs facing toward neighbors; biggest signage concern at neighborhood meetings • Neighborhood had no concerns with sign package Page 6 of 10 Carmel Board of Zoning Appeals May 28, 2013 o All lights will be LED; capable of being dimmed ■ Part of Commitments: certain times lights will be dimmed; other times will be off • Elevations provided are accurate; two-story appearance • Any signage approved by Board would be eligible for any future owners/tenants of building o Variance runs with the land • Could make Commitment specific to sign for Hyundai • Mr. Molitor did not recommend it be approved in that form (personal to sign) • Copy of sign could be changed without any further approval • Monument sign could not be expanded at a future date without new sign permit • It could go up to the size permitted in the Sign Ordinance • Condition of approval could be made for second sign (ground sign of 21 square feet as shown in submitted packet) o That is not personal to current owner or dealership • Wall signage more important than monument sign for visibility to clients • Landscaping often hinders readability of ground signs • Height limits size of overall sign • Petitioner made commitment for size of ground sign not to exceed 21.24 square feet Motion: On a motion made by Ephraim Wilfong and seconded by James Hawkins: Docket Nos. 13020026 V through 13020028 V, Butler Hyundai—signage for number of signs (6 proposed, 2 allowed); number of signs facing south right-of-way (4 proposed, 1 allowed) and number of signs I facing east right-of-way (2proposed, 1 allowed) be approved with the Commitment to limit size of ground sign to 21.24 square feet as listed in distributed packet. MOTION CARRIED UNANIMOUSLY 9-12. (V)Primrose Preschool at West Carmel,Lots 63-65 of North Augusta Sec. 2 The applicant seeks the following development standards variance approvals for a new preschool. Docket No. 13030017 V ZO Ch.23C.10.02(2) Foundation Plantings Docket No. 13030018 V ZO Ch.23C.10.02(3) Peripheral Plantings,eliminate north buffer Docket No. 13040023 V ZO Ch.25.07.02-03b) Number of signs (2 proposed, 1 allowed) Docket No. 13040024 V ZO Ch.25.07.02-03b) Sign not facing public right-of-way The site is located at 3740, 3742, &3746 W 98th Street and is zoned B-3/Business and S-1/Residence(pending a rezone to B-3) within the Michigan Road Overlay. Filed by Roger Kilmer of Faegre Baker Daniels on behalf of Primrose. Present for Petitioner: Steve Hardin, Faegre Baker Daniels, Julie Bowman,Primrose, Brandon Burke,HWC Engineering, and Roger Kilmer, Faegre Baker Daniels • 2.2 acres on north side of 98th Street, south of West Carmel Marketplace development o Located in Comprehensive Plan's Vitality Node • Planned for commercial development throughout area • Adjacent commercial to north • Developing commercial to south • Infrastructure on Michigan Road and north/south connector road in place o Currently four lots with older single family homes • Going through process of re-platting four lots into one lot(DP/ADLS) • Having property zoned for commercial development o Photos of area shown Page 7 of 10 Carmel Board of Zoning Appeals May 28,2013 • Home Depot approximately 200 feet from north property line • Existing 6-foot fence along south parking lot • Row of evergreens, deciduous trees, detention pond, mound with evergreen trees and existing fence rows with trees • Landscaping along south side with trees and deciduous trees • Mound with evergreens and other trees along north side of subject property • Vacant home across street • This is a redeveloping area • Variance for foundation plantings o Number of shrubs required around foundation of building • Due to use as preschool, plantings would be dangerous to children playing in area • 314 shrubs required have been relocated outside perimeter fence for enhanced look • Extensive mound and landscaping along northern perimeter of parcels from existing commercial development o Landscaping trees, 6-foot privacy fence, evergreen and deciduous trees, detention pond, 3-foot mound with row of evergreen trees and other trees along fence row • Requesting variance from required additional trees and shrubs along this northern property line • Not duplicate existing landscaping • Would impact flexibility of design of site o Detention and drainage easements o Overhead power lines in easement • Five trees to be planted where not as many existing trees, substantial buffer o Low-growing trees because of power lines in area • Sign Ordinance permits ground and wall signs to be oriented towards public right-of-way frontages o A sign would be allowed, up to 75 square feet, oriented toward 98th Street o Walnut Creek Drive will be extended to 98th Street • It is a frontage north/south access road providing connectivity on east side of Michigan Road • Walnut Creek Drive will serve as a public right-of-way • Primrose building will be oriented toward Walnut Creek Drive • Request wall sign be oriented toward Walnut Creek Drive • Total signage will be less than permitted 75 square feet • Total of two signs less than permitted square footage o Rendering of signs shown • One ground sign on 98"' Street • One on facade oriented toward Walnut Creek Drive Public Hearing closed. Department Report: Alexia Donahue-Wold • Requested variances are minor and will not be detrimental to surrounding properties • Eliminated foundation plantings will be relocated outside fenced-in play areas • Hardship with peripheral plantings with drainage easement near property line o Existing buffer north of property • Proposed signage does meet size and height requirements of Zoning Ordinance o Additional sign will face Walnut Creek Drive, which is not a public right-of-way Page 8 of 10 Carmel Board of Zoning Appeals May 28,2013 • Will be designed to integrate into building's architecture and match ground sign o Proposed total signage is less than the permitted 75 square feet Department recommended favorable consideration of all variances. Discussion: • Plan to extend Walnut Creek Drive south o Alignment was re-done to allow connection o Sliver of land in area • Recorded access easement that provides for the connection from Walnut Creek extension south to 98th Street is laid out and the group they are purchasing property from will be doing the construction • It will not be a straight shot through • Rendering shown • Walnut Creek will divert around the gap/sliver of land • Staff worked with this when Carmel West Marketplace was done o They are inheriting the problem o Solution being presented is what is recorded as an access easement • Sliver of land/gap is owned by shopping center/Home Depot Motion: On a motion made by James Hawkins and seconded by Ephraim Wilfong: Docket Nos. 13030017 V through 13030018 V, 13040023 V through 13040024 V, Primrose Preschool at West Carmel, Lots 63-65 of North Augusta Sec. 2 for foundation plaints; peripheral plantings (eliminate north buffer); number of signs (2 proposed, 1 allowed); and sign not facing public right-of-way. MOTION CARRIED UNANIMOUSLY 13-14. (V) Holcomb Garage, 140 4th Street NW The applicant seeks the following development standards variance approvals for a new detached garage. Docket No. 13040019 V ZO Ch. 23D.03.C.3.d.i Detached garages must be 5 ft behind the Principal Building Docket No. 13040020 V ZO Ch. 25.01.01.B.5 Max ground floor area 720 sq ft,864 sq ft requested The site is located at 140 4`h Street NW and is zoned R-2/Residence within the Old Town Overlay & the Monon Greenway Overlay. Filed by Toby Holcomb, owner. Present for Petitioner: Toby Holcomb • Recently purchased property • Like Downtown/Old Town Carmel area • Plan to remodel 15-year old house; interior and exterior o Plan to turn garage into living space with a lot of glass o Will turn house into more bungalow style • Would like to build detached garage in side yard o Fourth Street ends at end of their driveway o Cannot build garage behind principal building because of Monon o Most properties in Old Town Carmel are 66 feet wide by 170 feet deep Page 9 of 10 Carmel Board of Zoning Appeals May 28,2013 • This property is reversed to 170 feet wide and 66 feet deep • Would prefer to increase garage square footage to allow three-stall carriage house style o Rendering shown o Allow parking of three cars o Garage doors will not face neighbors • Doors are 16 feet and 9 feet o Planning work out area above garage Public Hearing closed. Department Report: Alexia Donahue-Wold • Old Town Overlay requires detached garages to be placed at least five feet behind principal building o Location indicated o Property unique on dead-end street along Monon Greenway o Size limits placement of garage o Proposed location should not have negative effect on surrounding properties o Placed as far to rear on the site as possible o Set back from street and front line of house • Ordinance limits size of detached garages to 720 square feet o Hardship is for three-car garage o No remonstrance received by Department Department recommended favorable consideration of both variances. Motion: On a motion made by James Hawkins and seconded by Earlene Plavchak: Docket Nos. 13040019 V through 13040020 V,Holcomb Garage, 140 4th Street NW be approved for detached garage not five feet behind the principal building and maximum ground floor area (864 square feet requested, 720 square feet permitted). 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 7:45 p.m. Approved this day of �we_ 2023. /4. 7 Pres'i ent-James R. Hawkins Secretary - ion ° Tingley Filename:5.28.2013 regular meeting.doc Page 10 of 10