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HomeMy WebLinkAboutMinutes BZA 11-22-93 C ARMEL/ CLAY BOARD OF ZONING APPEALS November 22, 1993 The meeting was called to order by the president in Council Chambers at approximately 7:00 PM with the Pledge of Allegiance. Members present were as follows: Ron Carter; Bill Ensign; Dick Klan Alan Klineman; and Bud VanDyne. Dick Kiar introduced A.P. "Bud" VanDyne, Jr., new appointee to the Board, who will be completing Bill Clem's term. Also present were Rick Brandau and Mike Hollibaugh of Staff, and Gordon Byers, City Attorney. Alan Klineman moved to approve the minutes of the previous meeting, seconded by Ron Carter, unanimously approved. Gordon Byers announced his intention to speak to the Board regarding Notice Procedure at an appropriate time later in the meeting. G. PUBLIC HEARINGS: lg. Docket No. V-37-93, a Developmental Standards Variance Application for C.P. Morgan Co., Inc. and their residential subdivision known as Shadybrook located on the east side of Keystone Avenue, between East 99th Street and East 106th Street, Carmel. The petitioner is requesting a variance from seciton 23.0 of the Carmel/Clay Zoning Ordinance (431 Overlay Zone), to permit the part of the real estate located within the 431 Overlay Zone to be exempt from the provisions of said section 23.0). The parcel is zoned S-2. Filed by James J. Nelson for C.P. Morgan Co., Inc. Jim Nelson, 3663 Brumley Way, Cannel, appeared before the Board on behalf of the petitioner, C. P. Morgan Co. The primary plat for this subdivision was approved by the Plan Commission in August, 1993, for a 34.2 acre parcel of real estate, and provided for the development as a single famiy residential subdivision containing 56 lots to be known as Shadybrook. A small part of the real estate which borders Keystone Avenue falls within the 431 Overlay Zone and a developmental standards variance is being requested from the 431 Overlay Zone to permit Shadybrook to be exempt from its provisions. Mr. Nelson presented an aerial photograph for review as well as a drawing representing the primary plat or development plan of the real estate. Mr. Nelson explained the 431 Overlay Zone Ordinance provisions in relation to jurisdictional limits. Members of the public were invited to speak in favor or opposition; none appeared. Alan Klineman moved for approval of Docket No. V-37-93, seconded by Ron Carter. 1 Gordon Byers announced that there was a procedural irregularity with almost every agenda item and Counsel recommended that the Board move to suspend the rules with respect to notice on all items in order to keep the record clean. Mr. Byers stated briefly that Indiana Code 531 notice requirements had been reviewed and that the requirement is that notification be made in a newspaper of general circulation, which for Carmel's purposes would be the Noblesville Ledger. All applications have been in compliance with the Noblesville Ledger; there have been some problems with the Noblesville Times as far as insufficient time between public hearing meeting dates to meet the publication dates of the Noblesville Times. Ron Carter withdrew his second, Alana Klineman withdrew his original motion for approval. Alan Klineman then moved for suspension of the rules in regard to notice required at the time this Docket was originally filed so that notice given October 19, 1993 by mail and publishing would be sufficient; seconded by Bill Ensign, unanimously approved. Alan Klineman moved to approve Docket No. V-37-93, seconded by Ron Carter, unanimously approved. 2g. Docket No. V-47-93 a Developmental Standards Variance Application for Joseph J. Lattak and his single family residence located at 13801 Scott Drive, Carmel. The petitioner is requesting a variance from sections 7.3.1 and 26.2.19(3) of the Carmel/Clay Zoning Ordinance to allow an encroachment into the minimum 75 foot accessory structure setback, and the platted minimum front yard setback of 35 feet on Scott Drive, respectively. The parcel is zoned R-1. Filed by Joseph J. Lattak. Joseph J. Lattak, 13801 Scott Drive, Carmel, appeared before the Board and presented his request for a variance from two sections of the Zoning Ordinance in order to construct a mini-barn, or storage/utility building, adjacent to the drive, off the garage, at his residence. Mr. Lattak stated that his residence is located in Hunters Creek South Subdivision at approximately 13800 north and approximately 100 west. By virtue of being a corner lot, Mr. Lattak's residence qualifies as having two front yards and is in conflict with zoning variances. The structure will encroach in the 35 foot setback off Scott Drive and the 75 foot setback off Parent Drive. The mini-barn will be of a conventional design, 10 feet wide and 12 feet long, 12 feet in height; a building permit will be requested by the City prior to building. The exterior of the mini-barn would match the present exterior of the residence, with the exception of a redwood trim. Members of the public were invited to speak or ask questions; none appeared. Alan Klineman moved for approval of Docket No. V-47-93, seconded by Bill Ensign, unanimously approved. Gordon Byers reminded the applicant that he will still need approval from his Homeowners Association so as to be in compliance with existing covenants. Mr. Lattak announced his intention of making a presentation to his Homeowners Association. 3g. SV-48-93 Developmental Standards Sign Variance Application for North Meridian Street Medical Center, L.P. and their Hoosier Orthopaedics and Sports Medicine center located on the northeast corner of Meridian Street (U.S. 31) and 106th Street, Indianapolis. The petitioners are requesting the following variances from the Carmel/Clay Zoning/Sign Ordinance: Variance I -- is from section 25.7.04-1(c)(iii) (Maximum Sign Area) to increase the allowable sign area from 40 to 71.6 square feet for an identification sign to be located on the south elevation of the building. Variance II -- is from section 25.7.04-1(c)(iii) (Maximum Sign Area) to increase the allowable sign area from 75 to 91.6 square feet for an identification sign to be located on the west elevation of the building. The parcel is zoned B-5. Filed by James J. Nelson for North Meridian Street Medical Center, L.P. Jim Nelson, 3663 Brumley Way, Carmel, appeared before the Board representing Hoosier Orthopaedics and Sports Medicine. Also in attendance was Doug Staley of Staley Signs. The parcel of real estate is commonly known as 10601 North Meridian, the former KSM Building, Upon completion, the building will house Hoosier Orthopaedics and Sports Medicine and a Surgery Center to be known as North Meridian Surgical Center. The parcel of real estate has frontage on both U.S.31 and 106th Street, and is categorized under the Sign Ordinance as a double frontage lot, thereby permitting two identification signs. The petitioner is requesting two wall signs: one to be located on the south facia facing 106th Street, stating "North Meridian Surgery Center"; and one to be located on the west facia of the building facing U.S.31, and stating "Hoosier Orthopaedics and Sports Medicine". Also exhibited was a drawing of the south elevation of the building with the requested signage being superimposed, which will be individually mounted , internally illuminated letters which are 20 inches in height, and white in color. This sign will be setback approximately 120 feet from the 106th Street right-of-way. Sign number two will be exactly the same in architectural design and style as sign number one, located on the west facia of the building facing U.S.31 and will say "Hoosier Orthopaedics and Sports Medicine" with white, internaly illuminated letters, also twenty inches in height. Both of these signs are permitted under the Sign Ordinance, but slightly exceed the size permitted under the ordinance. The letters are required to be twenty inches in height in order to be visible from the abutting streets. The height of the letters, coupled with the length of the name, requires a variance. The sign facing 106th Street is 70.5 square feet; 45 square feet is permitted. The sign facing U.S. 31 is 91.6 square feet; 75 square feet is permitted. Members of the public were invited to speak; none appeared. Bill Ensign asked about the height of the letters if the current sign ordinance was followed, and the detail on the sign. Mr. Nelson responded that if the sign followed the current ordinance, the letters would be 12 inches in height on the first sign, 16 inches in height on the second sign. Mr. 3 f , Staley stated that if the proposed letters were any smaller than 20 inches in height, they would not be able to be viewed by motorists. Alan Klineman moved for the suspension of the rules in respect to notice for the two variances filed under SV-48-93, seconded by Ron Carter, unanimously approved. Variance I - Alan Klineman moved for approval of Docket SV-48-93, seconded by Ron Carter, motion passed 4 in favor, Dick Klar opposed. Variance II - Alan Klineman moved for approval of Docket SV-48-93, seconded by Ron Carter, motion passed 4 in favor, Dick Klar opposed. 4g. Docket No. SV-49-93 Developmental Standards Sign Variance Application for Thomson Consumer Electronics, Inc. and Browning Investments, Inc. and the Thomson Administration Building and Technical Center located within the Meridian at I-465 complex. More specificially, the Administration Building has an address of 10330 North Meridian Street, Indianapolis and the Technical Center has an address of 101 West 103rd Street, Indianapolis. The petitioners are requesting the following variances from the Carmel/Clay Zoning/Sign Ordinance: Variance I -- Administration Building - Wall Sign Variance from section 26.7.04-1(c)(iii) (Maximum Sign Area) to increase the allowable sign area from 108.65 to 225 square feet for an identification sign to be located on the east elevation of the Administration Building. Variance II -- Administration Builidng - Wall Sign Variance from section 25.7.04-1(c)(iii) (Maximum Sign Area) to increase the allowable sign area from 100 to 225 square feet for an identification sign to be located on the north elevation of the building. Variance III -- Technical Center - Wall Sign Variance from section 26.7.04-1(c)(iii) Maximum Sign Area) to increase the allowable sign area from 80 to 225 square feet for an identification sign to be located on the north elevation of the building. Variance IV -- Technical Center - Wall Sign Variance from section 25.7.04-1(c)(iii) (Maximum Sign Area) to increase the allowable sign area from 102.7 to 225 square feet for an identification sign to be located on the south elevation of the building. Variance V -- Administration Building - Two (2) Entrance Wall Signs Variance from section 25.7.04-1(c)(ii) (Number and Type) to increase the allowable number of identification signs from two (2) to four (4), and allowing eighteen (18) square foot identification signs over the primary entrances to the building. 4 Variance VI -- Directional Signs Variance from section 25.7.02 (Traffic Directional Signs) to increase the allowable sign area from 3 to 6.25 square feet, and to increase the allowable sign height from 3 to 4 feet for a total of 12 signs to be located around the Administration Building and Technical C enter. Variance VII -- Directional Signs Variance from section 25.7.02 (Traffic Directional Signs) to increase the allowable sign area from 3 to 9.5 square feet. and to increase the allowable sign height from 3 to 5 feet for a total of 4 signs to be located around the Administration Building and Technical Center. Variance VIII -- Technical Center - Three (3) Entrance Wall Signs Variance from section 25.7.04-1(c)(ii) (Number and Type) to increase the allowable number of identification signs from two (2) to four (4) allowing eighteen (18) square foot identifications signs over the primary entrances to the building. The parcel is zoned B-1 and B-6. Filed by James J. Nelson for Thomson Consumer Electronics, Inc. Jim Nelson, 3663 Brumley Way, Carmel, appeared before the Board representing Thomson Consumer Electronics, Inc. Also present were Bill Tomatorra and Dave Arland of Thomson Consumer Electronics and Fred Kellums, author of the informational booklet which was distributed to the Board members. The signage package was presented to the Carmel Plan Commission last week for its review and approval. The presentation included an aerial photograph of the proposed corporate campus, a detail site plan for the 27 acre parcel of land, and a drawing of each sign requested showing location. The signage being requested in Variances I through IV is the same; four wall signs are proposed -- two on the administration building -- two on the technical center. Thomson is requesting a variance from size so that the building is readily identifiable to passers-by on both 431 and I-465, and so that the signage on the building is proportional. With respect to Variance V, the name "Thomson" with its logo is being requested on signs above each door; these signs would be 18 square feet in size and classify as additional identification signs. This same request holds true for Variance No. VIII, entrance signs for the Technical Center. There are to be twelve traffic directional signs, 6.25 square feet in size, and four feet above ground. Members of the public were invited to speak in favor or opposition; none appeared. Bill Ensign asked how these signs compared with signs in existence in the Merridian Corridor. Rick Brandau of Staff stated that there has not been any other variance for size along the Merridian Corridor. The petitioner is allowed an additional five square feet for every 100 feet 5 of setback over 300 feet. Mr. Nelson responded that this building is unique to the corridor in that it was a single tenant building, not multi-tenant, and he therefore viewed it differently. Ron Carter asked Mr. Nelson to elaborate on why he felt the signs needed to be so large. Mr. Nelson asked that Fred Kellums respond. Mr. Kellums had not designed the signs but responding as a design person, Mr. Kellums felt the size was a principal of proportion. To install a sign with smaller letters would distort a sense of proportion and scale. Dave Arland, 1002 Taninger Drive, Indianapolis, of Thomson Electronics stated that the size of sign structure should be taken into consideration with the total size of the complex which is enormous Ron Carter felt that input from the standpoint of design was difficult, and the present proposal was a great deal different than the orginal proposal had been for parking variances. Mr. Carter was concerned how the project was going to look from a signage standpoint based on current input, and Mr. Carter had a problem with the sign package. Dick Klar also expressed concern and felt that the signage should conform to the ordinance. Alan Klineman commented that Carmel needed to invite people to build in the Meridian corridor, thereby expanding a needed property base. Mr. Klineman felt that if the people designing the buildings considered it appropriate to have the proposed size signs in the parking lots and on the builidngs, they should be entitled to it. Mr. Klineman felt that this particular sign package is much better in the Meridian corridor as opposed to being near a residential area where lights would disturb the people and be bothersome. Alan Klineman moved to suspend the rules regarding notice on Docket SV-49-93, seconded by Bill Ensign, unanimously approved. Alan Klineman moved to approve Docket SV-49-93 Variances I, II, III, IV, V, VI, VII, and VIII, seconded by Ron Carter, the votes were as follows: Variance I and Variance II, two in favor, Ron Carter, Bill Ensign and Dick Klar opposed; Variances I and II denied. Variance III and Variance IV, two in favor, Ron Carter, Bill Ensign and Dick Klar opposed; Variances III and IV denied. Variance V, unanimously approved. Variance VI, three in favor, Ron Carter and Bill Ensign opposed; Variance passed. Variance VII, three in favor, Ron Carter and Bill Ensign opposed; variance passed. 6 Variance VIII, unanimously approved. Items 5g. and 6g. were heard together, however voted upon separately. 5g. Docket No. SU-50-93 a Special Use Application for Hills Building & Construction Services No. 5, Inc. and phase II of their Lenox Trace Condominium complex located 1020 and 1032 South Guilford Avenue, Carmel. The petitioner is requesting special use approval to construction phase II of Lenox Trace which consists of 72 additional units. The parcel is owned R-4. Filed by Glenn F. Brehm for Hills Building & Construction Services No. 5, Inc. 6g. Public Hearing on Docket No: SV-51-93, a Developmental Standards Sign Variance Application for Hills Building & Construction Services No. 5, Inc. and phase II of their Lenox Trace Condominium complex located 1020 and 1032 South Guilford Avenue, Carmel. The petitioner is requesting the following variances from the Carmel/Clay Zoning/Sign Ordinance: - From section 25.7.02 -- definition of"Private Traffic Directional Signs" to increase the allowable sign area from 3 to 6 square feet for three signs; - From section 25.7.03-1(a)(x) to waive the requirement of Plan Commission review and approval of a "Housing Project Permanent Sign;" and - From section 25.7.03-3(a)(iv) to increase the maximum height of a "Temporary Housing Project Construction Sign" from 8 feet to 10 feet 7 inches. The parcel is zoned R-4. Filed by Glenn F. Brehm for Hills Building & Construction Services No. 5, Inc. Glenn Brehm, Land Development Manager for Hills Building & Construction Services, 7420 Montgomery Road, Cincinnati, Ohio appeared before the Board requesting Special Use Approval for 72 condominium units as an_extension of Phase II development located on Guilford Avenue. The property is surrounded on the north by the existing phase I condominium development consisting of 37 units; further north is a manufacturing zone consisting of some industrial developments and office warehouse types of facilities. On the east and south, the property is surrounded by R-1 zone, single family land use; to the west lies a commercial zone consisting of office and commercial uses. Hills Building & Construction is requesting that the Phase II development be approved with the same validity and consideration of planning and zoning that was used to approve phase I as an appropriate transitional land use from the office/commercial/industrial properties on the north and west, to the single family uses that lie to the east and south. In terms of size, mass, height, design, architecture and color, the three buildings are identical to phase I. In terms of signage, the signs are also identical in size, shape, color, and style to the signage that was approved with the same variance request in Phase I. The petitioner feels that this is a logical extension of a transitional use which will provide continuity along Guilford Avenue in terms of architecture and design as well as signage, and that the signage is a benefit and convenience to both the general public and the residents of Lenox Trace. Members of the public were invited to speak; none appeared. Gordon Byers stated that the petitioner had sent out notices to the adjoining, adjacent, and abutting property owners within the time period of 25 days; however, the publication date in a paper of general circulation (The Ledger) was a day off, since the day of the hearing is not included. The Board has the ability to suspend the rules and vote on these two Dockets this evening. ITEMS 5g. and 6g. Alan Klineman moved to suspend the rules in regard to published notice, seconded by Bill Ensign, unanimously approved. ITEM 5g. Bill Ensign moved to approve Special Use 50-93 (Docket No. SU 50-93), seconded by Ron Carter, unanimously approved.. • ITEM 6g. Bill Ensign moved for approval of Docket No. SV-51-93, Developmental Standards Sign Variance, seconded by Ron Carter, unanimously approved. 7g. Docket No. SU-52-93, Special Use Application for Robert P. Rich and his proposed furniture store, "Rich's of Carmel," located at 1030 South Range Line Road, Cannel. The petitioner is requesting special use approval to change conditions and terms of the previously approved special use for the subject site. The parcel is zoned B-3. Filed by Robert P. Rich. Robert P. Rich, 1311 Golden Hill Drive, Indianapolis, appeared before the Board to request changes in the plans for Carmel Square Center, 1030 South Range Line Road, which were orginally approved in 1988. Mr. Rich intends to open a furniture store at the subject site; the first floor will feature Drexel/Heritage; the second and possibly the third floor will be multi-line. Landscaping changes have been made pursuant to Mike Hollibaugh's recommendations and requests. The petitioner has also worked with PSI and gas utilities, and will honor their respective requests regarding keeping the easements clear of plantings. The mechanical screening on the top of the third floor is decorative, wrought-iron railings. Any complete screening installed would be creating a barrier that the wind would buffet against and tear up the roofing. It is felt that complete screening is not necessary, and any type of screening installed would not be as attractive as the present wrought-iron. Mr. Rich stated that in November, 1993, he was given a list of outstanding items, one of which was a sidewalk between Rich's parking lot and Carmel Civic Square. All drainage from the parking lot and the roof of the building goes west towards Civic Square; if a sidewalk were cut through at this location, the water would flow onto Civic Square. Mr. Rich also stated that a "no left turn" sign at the exit to his parking lot would serve no purpose; the stoplight at Gradle Dnve and RangeLine Road would allow easy, left turns out of the parking lot when the automatic signal stops traffic on RangeLine. Terry Jones of Staff had 8 recommended that members of the Board personally inspect the building, landscaping, and lighting, especially since the building is so close, in order to view the renovation that has taken place at this location. Members of the public were invited to speak; none appeared. Dick Klar asked Staff what was needed before this Docket went to TAC. Rick Brandau responded that there was not only a notice problem which would require suspension of the rules, but the outstanding commitments made for a previous Special Use. The mechanical screening is an issue that the Board needs to look at. The sidewalk was shown on plans previously presented and approved; because of grade separation, it is not viable to install the north/south sidewalk. The other sidewalk which runs east/west connecting into the City sidewalk at Civic • Square, could go 20 feet farther south, then due east into the parking lot. The Department does not have strong feelings as to whether or not this sidewalk is needed. In regard to signage, some commitments were tied to a variance rerquested in 1988. Mr. Rich will work with the Department and could possibly appear before the Board at a later date. In regard to traffic control signage on Range Line Road, the 1988 proposal was prior to the installation of the present traffic light at Range Line and Gradle Drive. Any left turn movement could still be considered a traffic hazard; however it is mitigated considerably because of the present traffic light. The mechanical equipment screening is still an issue. Mike Hollibaugh of Staff stated that Mr. Rich had put in a lot of time and effort in complying with the original intent and that what was originally committed to in 1988 was over-kill. Alan Klineman asked the petitioner about the existing signage and whether or not it will be removed; Mr. Rich responded-that the present sign was left in place only for space measurement and it would be coming down shortly. Also, Mr. Klineman felt that a RIGHT TURN ONLY sign was warranted on the drive at the south side of the builidng; traffic could also exit through the parking lot on the north side of the building to Gradle Drive and the traffic signal. In response to Mr. Carter's questions regarding the mechanical equipment, Mr. Rich stated that he was willing to paint the equipment, but that any screening would not be workable due to the wind. Bud VanDyne stated that he was aware of the building and had driven by it a number of times, but that he had never noticed the mechanical equipment, and that if Mr. Rich was willing to paint the equipment, it would be a workable compromise. Mr. Van Dyne commended the petitioner on the landscaping. There was a problem of notice on this particular docket. Mr. Rich agreed to provide Gordon Byers with an Affidavit stating that all adjoining property owners had been given at least ten (10) days notice. Alan Klineman moved to suspend the rules on this Docket, provided the Affidavit previously 9 referred to is furnished to the City Attorney and the DOCD's file is documented, seconded by Ron Carter, unanimously approved. Alan Klineman moved for approval of SU52-93 subject to the following conditions: 1) some type of screening and/or painting of the mechanical equipment located on the roof; 2) approval of the Technical Advisory Committee which will meet on November 24th; 3) the installation of a RIGHT TURN ONLY or NO LEFT TURN sign on the drive at the southeast corner of the site; and 4) submission of an Affidavit regarding 10 days notice. Ron Carter seconded Alan Klineman's motion; unanimously approved upon conditions so stated. H. OLD BUSINESS Items lh., 2h., and 3h. were tabled at the October meeting due to a no decision vote on the special use. These items were heard together, however voted upon separately. lh. Docket No. SU-42--93 a Special Use Application for Warren K. Johnson d/b/a S-Mart, Inc., and his proposed Carmel Enviro-Mart to be located on the southeast corner of 116th Street and Range Line Road, Carmel. The petitioner is requesting special use approval to raze the existing and construct a new gas station, convenience store and car wash. The parcel is zoned B-3. Filed by Warren K. Johnson for S-Mart, Inc. 2h. Docket No. V-43-93 a Developmental Standards Variance Application for Warren K. Johnson d/b/a S-Mart, Inc. and his proposed Carmel Enviro-Mart to be located on the southeast corner of 116th Street and Range Line Road, Carmel. The petitioner is requesting a variance from section 14.3.2 of the Carmel/Clay Zoning Ordinance to permit the canopy, car wash and convenience store to encroach into the 116th Street and Range Line Road required front yards. The parcel is zoned B-3. Filed by Warren K. Johnson for S-Mart, Inc. 3h. Docket No. SV-44-93 a Developmental Standards Sign Variance Application for Warren K. Johnson d/b/a S-Mart, Inc. and his proposed Carmel Enviro-Mart to be located on the southeast corner of 116th Street and Range Line Road, Carmel. The petitioner is requesting variances from sections 25.7.04-1(a)(ii) Number and Type, 25.7.04-1(a)(iii) Maximum Sign Area, 25.7.0-4-l(a)(iv) Maximum Height of Ground Sign, and 25.7.04-I(a)(v) Locationn, of the. Carmel/Clay Zoning Sign Ordinance to permit two changeable copy ground signs with an_ . increased sign area, taller, and with a zero setback from the existing right-of-way. The petitioner is also requesting additional wall signage: 'FOODMART," "CAR WASH soft cloth," "CAR WASH exit," and a changeable copy sign. The parcel is zoned B-3. Filed by Warren K. Johnson for S-Mart, Inc. Warren Johnson, 4416 King Arthur Court, Carmel, appeared before the Board representing the petitioner. Also present was Jim Duval. Mr. Johnson stated he had first appeared before the Board in 1991 with the original plans to raze and rebuild the service station at 116th Street and Range Line Road into modern, neat, clean, and environmentally friendly store. The present plan is somewhat different from the original approval in that there will be a reduction in the number 10 of gasoline pumps from 6 to 4; reduction in total building and canopy square footage compared to the total lot by 31.3%; and an increase in the total amount of landscaping for the project. Mr. Johnson's proposal was to develop the first gasoline outlet in the State of Indiana to offer stage II vapor recovery, which will consist of equipment capturing gasoline vapors normally vented out of the motorist's gas tank during the pumping process, and pumped back into the underground tanks and returned to the refinery; this is not required, but Mr. Johnson wants to protect the environment and firmly believes that the Cannel citizens will support his efforts. Mr. Johnson is required to seek a Special Use Variance since he will be razing and rebuilding the existing gasoline service station. Mr. Johnson's proposed development is similar to other gasoline stations in existence in the Carmel market which have been granted similar Variances by the Board. Mr. Johnson showed a slide of the lot coverage, canopy, and building. Mr. Johnson felt that his proposed development would provide a positive benefit to the community through the creation of jobs, increased tax revenue, and the benefit to the environment. Mr. Johnson also felt that property values would be improved due to the removal of an eyesore which is rundown and antiquated. The proposed development will be compatible with the existing use and those uses permitted under current zoning in the vicinity, and will have a positive effect on neighborhood integrity. Mr. Johnson pointed out that the residential area to the south and east of the east will be well protected from development because of the undeveloped land between the proposed site and those residential areas which contains a heavily wooded area in a large flood plain and can never be developed. The issues of water/ sewer/storm drainage, and police and fire protection have been addressed with the various State, County, and local planning personnel at the October "TAC" meeting, and no problems existed with the site. In regard to vehicular and pedestrian traffic in and around the premises, all changes to the intersection of 116th Street and Range Line Road were completed several years ago and Mr. Johnson is not requesting any changes in curbcuts or sidewalk areas. The site meets or exceeds all the guidelines as to parking requirements and in particular, provides a carwash entrance and stackup which was well-received by the planning staff of DOCD. . The proposed development requires a setback variance from the two front for the installation of a gasoline canopy; the setback requested is 25 feet from the right-of-way on Range Line Road and 39 feet from the right-of-way of 116th Street. It is not believed that the approval of the setback variance will be injurious to the public health, safety, morals, and general welfare of the community; in fact, the nature of a gasoline canopy aids the public health and safety, since it provides shelter from the elements for the public during the refueling process. It is believed that the use and value of the adjacent area would not be adversely affected; the property developed to the east and south will not be affected, and the property to the north and west are all commercial in nature and will be unaffected. Strict adherence to the terms of the 11 zoning ordinance of the property will result in practical difficulties of the property. The Sign Variance is requested for the following signs: two, changeable copy price signs with zero setbacks and an increase in height of 6 inches to allow for additional landscaping around the signs; one food mart sign on the convenience store; two car wash signs, one at the exit, one on the west elevation of the building; and a changeable copy sign located at the northeast corner of the convenience store. It is believed that the approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community; rather, in the case of the car wash exit, there will be improved safety simply by preventing the public from entering the "exit" side of the car wash. The value and use of adjacent will, in no way, be affected by the approval of this variance, and strict adherence to the sign ordinance will result in practical difficulties to the use of the property, simply because a changeable copy sign is 100% necessary in the gasoline business. Mr. Johnson displayed a summary slide for use in comparing his sign requests with sign variance granted by the Board to other gasoline service stations in the area. Mr. Johnson formally withdrew his request for the sign which was to have read "car wash soft cloth" on the west elevation of the car wash, and also the request for a sign which reads "car wash exit." A small, three foot square, ground mounted sign at the entrance to the car wash to achieve the same effect. Dick Klar invited members of the public to speak; the following appeared: Kevin Kahlo, 702 Palmer Drive, Noblesville, owner of the Marathon service station on the northeast corner of 116th and Range Line Road, voiced concern regarding noise from the car wash to the detriment of the residents to the south of the project. Mr. Kahlo also stated that he was against anything that would encroach farther into 116th Street than his present business was granted, and the proposed price sign should not be any taller than his business signs which were granted by the Board, the signs should be the same level. Mr. Kahlo again expressed concern regarding possible leaks from the tanks at the proposed Enviro-Mart. Public Hearing Closed. Alan Klineman asked Warren Johnson what type of control he had over the proposed site; Mr. Johnson responded that he is the tenant under a 30 year lease with the property owner, Robert and Judith Diddle Fisher. Leroy New, attorney for the property owner, furnished an Affidavit and approval letter as to the proposed use of the property. Mr. Klineman also asked the petitioner to describe the color and exterior of the building; Mr. Johnson stated that the builidng would be painted a light gray and displayed a paint chip. The canopy will be metal with a 36" facia (as well as the building). The canopy will not be back-lit, there will be no additional lighting on the facia. Mr. Johnson pointed out that the exit of the car wash was on the north side of the building facing 116th Street, and the blowers will be on the opposite side of the building--noise will be minimal to surrounding property owners. 12 Ron Carter asked what would be the recourse if the car wash created a lot of noise and neighbors in the area complained; Mr. Johnson stated that if there were a number of complaints from neighbors, he would remove the car wash from the premies. Mr. Johnson commented that he is a resident of the area and would not choose to be offensive to the neighborhood. Bud Van Dyne asked if any of the adjacent property owners had been heard from; Mr. Johnson responded that all adjacent property owners, including the Homeowner's Assocition of the condominium project were notified, as well as the office complex to the east. Mr. VanDyne wished to comment that the proposed project is a definite improvement over the existing facility. Rick Brandau of Staff explained that the photometrics on both service stations at this particular intersection will either match or the Enviro-Mart will be less intense than the Marathon Station; if the Board chooses something other than what is proposed, the Department needs to be aware of it. Also, Mr. Johnson's commitment in regard to noise from the car wash needs to be looked at--an anonymous complaint could be responsible for shutting down the car wash and Mr. Brandau was not sure that that was the intent of the Board or even Mr. Johnson's intent of commitment. Mr. Johnson stated that the car wash will have automatic door openers and closers which will be relatively quiet. Gordon Byers stated that the adjoining property owners would have the ability, civilly, to institute a formal action; no matter what the Board approves, it is not curtailing the residents of the area from seeking some form of relief. Alan Klineman moved for approval of Docket No. SU-42-93, seconded by Bill Ensign, unanimously approved. Bill Ensign moved for approval of Docket No. V-43-93, seconded by Bud VanDyne, unanimously approved. Bill Ensign moved for approval of Docket No. SV-44-93, seconded by Ron Carter, unanimously approved. At this point, Gordon Byers addressed the Board. In regard to the Rules of Procedure, Article VI, Hearings and Notice, is recommended to be changed as follows: Paragraph 3. will provide for notice to interested parties by certified mail 25 days prior to public hearing and published in one newspaper of general circulation which, at present, is the Noblesville Ledger. This provision will more than satisfy the State Statute. Notice in the Noblesville Times newspaper has been eliminated. • Ron Carter expressed concern that the Board would be doing a disservice to the public by not having notice required in at least one Carmel media. Gordon Byers responded that in place of the Noblesville Times, the Carmel Daily Tribune could be substituted. The notice requirement would then read one paper of general circulation and a Carmel weekly paper, the next available weekly circulation would be deemed the required date of publication. 13 Bill Ensign moved to adopt Article VI Hearings and Notice of the Rules of Procedure with the changes outlined by Gordon Byers, copy attached, seconded by Ron Carter, unanimously approved. There being no further business to come before the Board, the meeting was adjourned at 10:30 PM. Richard J. Klar, President Ramona Hancock, Secretary 14 r I ,III 111 HAMILTON COUNTY AUDITOR IIS I II IIIfl JON O(:1,E • A( uUOR I , JON M. OGLE, AUDITOR OF HAMILTON COUNTY, IDNAINA, CERTIFY MY OFFICE HAS SEARCHED OUR RECORDS AND BASED ON THAT SEARCH, IT APPEARS THAT THE PROPERTY OWNERS IN EXHIBIT A ATTACHED HERETO ARE THE PROPERTY OWNERS THAT ARE TWO PROPERTIES OR 660 ' FROM THE REAL ESTATE MARKED AS SUBJECT PROPERTY ON A MAP ATTACHED HERETO AS EXHIBIT B. THIS DOCUMENT DOES NOT CERTIFY THAT THE ATTACHED LIST OF PROPERTY OWNERS IS ACCURATE OR INCLUDES ALL PROPERTY OWNERS ENTITLED TO NOTICE PURSUANT TO LOCAL ORDINANCE. ANY PERSON SEEKING A MORE ACCURATE SEARCH OF THE REAL ESTATE RECORDS OF THE COUNTY SHOULD SEEK THE OPINION OF A TI'T'LE INSURANCE COMPANY . JON M. OGLE, HAMILTON COUNTY AUDITOR DATED: . l H2O-?3 PARCEL NUMBER OF SUBJECT PROPERTY: /6/ -(Y?- f6? •00 (-)0 -0( 7 ono ONE HAMILTON COUNTY SQUARE, Still!' IRR NOBLESVILLE, INDIANA 46060-2214 1317)176_96m •FAX(117)776-9(416 •