HomeMy WebLinkAboutBZA Minutes �: r ;
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BOARD OF ZONING
Feb�uary 23, 1993
The, fnaering was cailed'to ,order with the Pledge o£ Allegiance at 7:00 PM by Richazd Klaz,
President; at the Ciry Council Chambers.
The Boazd members;p;esent were: Ron Carter; William Clem; and'Alan Klineman.
Dick Klan announced that Gail Bazdach had officially resigned £rom the Boazd due to her
appointment as City Judge.
A quorum was declared:
Also present were Dave Cunningham of Staff and Gordon-Byers; City Attomey.
Alan Klineman moved-to appro"ve`•the minutes ofthe meering of January 25, 1993, seconded by
R'on Carte�, unanimously appioved.
PUBLIC F3EARING:
� �lg:--Docket—NoWTJV=3=93"Use Variance ,Applicarion for Salsbery Brothers Landscaping &
Imgation; Inc, and.their properfy located:at 4317 East i'46th Street, Carmel. The peririoners are
�. .� requesting;a use variance to allow for'tkie expansion of an exisring planTnursery to include a fann
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" house on two :acres to be used.as' an office/stadio. This business was 'reviewed and received
previous use�variance approval'on Iylazck 12, 1984 (V-9-84). The pazcel'is zoned R-1. Filed by
E� Davis Coots; attomey for^$alsbery Brothers Landscaping '& Imgarion, Inc.
Sg, Docket_ No. V-9-93; 'a Developmentaf Standazds� �Lariance Applicarion for the Salsbery
Brothers Landscaping &.Imgahon, tInc. .and ,their property`located. at 4317 East 146th Street,
Caririei. The:peririoners aze requesring<a:variance'from.section 27.4:2 of the Carmel/Clay Zoning
Ordinance to install-an� alteinative ciirbing system in lieu of fWl depth concrete curbing. The
Pazcel is zoned R-1. Filed by E. Davis�Coots, attomey'for Sals6ery Brothers Landscaping 3c
Iirigation, Inc:
NOTE`. Items "lg and Sg were heazd:together but`voted:bn sepazately.
E. Davis Coots, 255;Bast Carmel,prive, represented Salsbery Brothers Landscaping & Imgation,
Inc:, Also present were the owners, Jeff and Randy Salsbe'ry-.,A use variance for the property was
obtained in 1984 on the p;operty at 43`17East 146th Stieet for`puiposes of;operaring a landscape
and�i{rigarion company. Since that rime, the peritioner has acquiied a,2 acre parcel to the front
of the�tract which has an old farmhouse on it. The peririoneris:seeking to convert the-farmhouse
to offices and+studio. T'kiere+is:an:old bam on the properry`that is currendy6eing used for offices
and sto�age of plantmaterial and equipment. The use variance granted in 1984 was restricted for
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Salsbery Bros. use only as a landscaping and irrigation business. The Department requested that
the 5 acres with an existing variance be included in the entire legal descriprion of the 10 acre
tract.
At the Technical Advisory Gommittee on January 27; 1993, the County Highway requested that
the existing entry off of 146th Street 6e moved to the west and that the present entry to the
farmhouse and entry to the existing Salsbery Bros. be consolidated to a single entry in the middle
of the 10 acte tract which would serve the; bam area .to the back and the fazmfiouse. The
Salsbery Bros. have consented'to this. The landscaping will be done; the sign will comply with
the ordinance of no more than 30 square feet and that will also be landscaped:
The second application is for a Developmental Standazds Variance. In keeping with the decor
of the landscaping and somewhat rusric setting, the petitioner is requesting that;they be allowed
to install 6X6 decorative rimbers in place;ofpoured concrete curbing. The rimber curbing will
have the efFect of dividing the pazking;area and the lawn azea. The petitioner asked that'the
Board approve the Vaziance Applicarion conditioned upon its use for a plant nursery and
studio/office for this business personal to Salsbgry B�others only. In the event the property is
sold, the variance would visciate and revert to its R-1 classification.
Larry Stafford, 4201 East 146th Street, Carmel, spoke in opposirion to the variance. Mr.
Stafford's west and south fences abut the Salsbery properry. Mr. Stafford objected to the noise
generated by the equipment used,by Salsbery Landscaping and the stones, rimber, uprooted trees,
etc. which caused an:unsightly appeazance to the area Mr. Stafford has found a number of golf
balls on.his property and suspects that these have come from Salsbery Landscaping.
Gene Alberson, 4411 East 146th Stteet, Carniel spoke in opposition to the variance. ivlr.
Alberson's west boundary is the east boundary ofthe Saisbery property. When the variance>was
granted in 1984, Mr. Stafford was told that there would be a bazrier oF evergreen trees planted
on this boundary on Salsbery's property. To date, no landscaping has been done; there is no
buffer between the property. Mr. Stafford also spoke of concem in regard to the posirion of the
driveway on the Salsbery property being close to his fence and noise generafed.by traffic coming
and going. Mr. Stafford was concemed about the Salsbery business becoming a retail
establishment and Mr. Stafford was extremely opposed.
Betty Stafford, 4201 East 146th Street, Carmel, spoke of concem because of lack of buffer. Mrs.
Staffordstated that a trashfire from the Salsbery property destroyed 10 matuiepine trees.on their
property. Mrs. Stafford is opposed to the use variance.
7ohn Platt, 13514 Dallas Lane, Carmel;,,spoke as a friend and client of Salsbery Brother in favoa
of the use variance. Mr. Platt's concern,was that,potential development of this particular azea
under the R-1 designation would generate more homes, more traffic, and more noise xhan there,
is at present, and that ecologically, the presenY use is much more beneficial than a housin�
development.
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Public Heai-ing Closed at 7i25.
Mr. Coots stated that'Salsbery Brothers will ,be as it has been for the last IO years, not a retail
store; but merely ttie'use of the house op the 10 acres for purposes of an office for the two
owners; ,along with a studio for design artist Joann Schmarza, for the purpose of creating
landscape drawings� In keeping with the request from the Department of Community
Development, the entire 10 acres will be encompassed<so that there will be no quesrion as to the
status of the:3 acre parcel.. The source of the golfballs�on Mr. Stafford's property is not known.
In' regazd!-xo ':the tree barrier referred to by Mr. Alberson, 8 to 10 trees were planted within the
east boundary' along the roadway along an e�cisting tliicket that divides the two properties. In
1988, a fiie did occur that destroyed some of Mr., Stafford's trees. The Salsberys offered to
replace the trees with7ike stock; that offer was tumed down and the Salsberys' liability insurance
affected compensarion to terminate the Sta£fords' ciaim. At p;esent, the work being done on the
fazmhouse fs upgraded wiring and floor supports due to the age and deterioration of the house,
whe4her it is used as an office studio or a residence. There is no construcrion to be done on the
fazmhouse other than interior doors. There will be exterior work performed upon the approval
of the variance and development standazds application.
Mr. Klineman asked for an estimate of the number of cazs entering and exiting the premises on
an average day. Jeff Salsbery responded that there aze:_sixfull rime-employees,a few more part-
rime employees in the summer months: Customers coming on the premises would be for the
purpose o€purchasing-a landscape design. The business is primarily forlandscape and irrigation
contracting..
Ron Carter asked ifsome plants and other items would be forretail sale. Mr. Salsbery said that
if people had a;proposal from Sals6ery and wanted to buy, plants would be available for purchase
and 'pickup and/or, delivery.
Mr: Carter asked Dave Cunningham about clarificarion for retail use as faz as protecrion for the
neighbors ,is: concemed: Dave Qunpingham directed�; aftention to the four points in the Staff
Recommendarions forthe use variance: The final approval of the sform and drainage system by
the County Surveyor andSoil and Conservation Service has been complied with; the second point
is one of insurance which ries'tliis faciliry-to the applicanf only, therefore, future use would be
restricted as a residential propeity: The use vanance would only apply to the Salsberys and this
should be reflected in the motion: The third and fourth items haye been complied with by the
peritioner,and.there is a writtep commitment on file.
Gordon: Bgeis stated that this is a use variance and that as such, the Boazd could impose
conditions; Mt. Byers suggested that one condition to be imposed, if the Boazd so agreed, would
be"thaY;tfiere be no retail on,site: `This condirion would be difficult to enforce but appropriate if
the Boazd chooses to'limit retail traffic.
Dave Cunningham sfated that;at the rime of original petirion in 1984; the peririoner agreed to no
retail facilities on the premises.
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Alan Klineman moved for the approval of iJV-3-93 Use Variance Application filed by Salsbery
Brothers Landscaping & Inigation with the understanding that there is to be no �eneral retail
sales conducted from the premises and that the variance be personal to the Salsberys and would
expire upon change of ownership, either from the corporation or change of stock ownership so
that the majority control of the exisring corporation moves into other hands, seconded by Ron
Carter, morion approved 3-0.
Alan Klineman moved to approve V-9-93, a Developmental Standards Variance-Applicarioa for
Salsbery Landscaping & Irrigation, Inc., seconded by Ron Carter, motion approved 3-0.
2g. Docket Nos. SU-4-93 and V-5-93 Special Use and Developmental Standazds Variance
Application for Robert G. Butler and Noble C. Butler, auto body repair shop located at 931 NoRh
Range Line Road, Cazmel. A variance is requested from secrions 21.2.7 and 22.3:2 of the
Carmel/Clay Zoning Ordinance to waive the one yeu time limit on all vaziances and special use
and to allow for the construcrion of a structure, in two phases, below the two (2)' foot flood
protection grade required when building within a flood fringe district. Addirionally, the
petitioners aze requesting Special Use approval to construct a 33'X48' building as a part of phase
one and a 70'X160' building as phase two. The pazcel is zoned B-3; filed by Noble C. Butler.
Noble Butler appeared before the Boazd and represented Butler Toyota. A drawing was shown
of the proposed building and locarion. The pazking azeas, water retenrion pond, sewer lines and
curbing have aiready been completed. All has been approved by the City. The building will
be used for paint prepazation.
Public Hearing Closed.
Mr. Klineman asked if the Boazd was only renewing a variance that was previously granted and
is now expiring by virtue of time limitation. Dave Cunningham replied that there is an addirional
variance to allow the one year rime limit to be varied also. Therefore, the Board is being asked
to re-approve the Special Use (SU4-93) and allow for the vanance of the rime limit, V-5-93.
Ron Carter asked if this property would impact tr�c into.the ciry. Dave Gunningham responded
in the negative, that this property is 400 pius feet off of Rangeline Road and is not viewed as a
road impacring commercial structure.
Alan Klineman asked to discuss some sort of time limit. Dick I{lan recommended a three yeaz
limit. Dave Cunningham suggested that a morion be made to approve and establish the special
use, and that the time could be varied with the commitment.
Alan Klineman moved to approve SU-4-93, Special Use and Developmental Standazds applicarion
for Robert G. Butler and Noble C. Butler and their auto repair shop, seconded by Ron Carter,
morion approved 3-0.
Alan Klineman moved to approve V-5-93, Development Standazds Variance Application for
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Roberf Gi Butler and Nob1e G. Butler to be granted for a period of thiee,(3) yeazs from the date
hereof, seconded by'Ron Carte%, motion approve8 3-0. '
3g: Docket No. UU-6-93, Use Variance Application,for 1Voanan and Debra Ashmore and their
proposed 3;744 square foot±Bed and:Breakfast to be located at 1039 South Range Line Road,
Carmel. The pazcel is zoned B-7. Filed 6y Norman and Debia,Ashmore.
Noiman and Debra Ashmore, 321, Ea§t SOth Street, Indianapolis, 46205, appeazed before the
Boaid and.sequested a Use Uariance Application�for the property located at 1039 South Ran�e
Line Road; Gazmel„to be used.+as ,a B`ed and Breakfast: The,Ashmores aze proposing to build
an�8 room'luxury inn .which wi1L also. house their priyate liviug quarters.
Robert Tumer of tfie azchitectural fiim of Cuppy, Groef�& Tumee, 1021 South RangeLine Road,.
presented the specifics of the.propoSeB inn. Mr. Tuiner showed a zoning.map which showed tHe
locarion of the property and the ioning sunounding the';property'which_is bounded by R-2 on.the
back�and to the,south, T'he p�operty is in aspecial zoning,of B-7. Directly opposite the site, the
land is zoned B-3 and is the sife:of Givic,Square; Also^.presented was a flood plain map showing
the locarion of,the proposed projecf and the.flood'plain. as being south and west of 116th Sfreet.
Thererwill.be 9 parking spaces; one=for each of ttie eight luxury rooms; one space for handicap
pazking; and two additional.for a total of ,11, and the;garage to be used by the owner. Also
shown were the drainage and ;landscape plans. The 'area will` contain an English garden and
ieflecring pond as well-as�seasonal plancings. There will be two ballards at the front entrance
locate8 behind ,large 'concrete piers which will serye as planters. There will also be pole
mounted, metal halite:lamps of'l00 Watts:
Terry McMullen, 1037 North`Rangeline Road, Cazmel, (neighb'or to:the north of the proposed
bed and:breakfast) sfated_concem ieg"arding limited parking,'ad'equate;buffer, and the hei,ght of
'the proposed building potentially blocking sun and light;'to his property.
Mayor Ted Johnson, 31�7 Concord Lane; Carmel„stated' that-this -is an unusual project because
it is one-of-a-kind in.Carmel;,and believed�to be•an•extraordinarily good project that will benefit
the City'economically and otherwise. The mayor called attenrion to the concems of the property
o,wner to the north and stated that?the City kfas noted'a numbei of deficiencies that need to be
cleaned up so that "the pioposed project will, not suffer damage. Mr: McMullen's property
confains paitially demolished structures, abandoned, automobiles;, abandoned truck and trailer,
`trash within tha abandoned house, and'nash on the grounds: 'The Mayor presented'a photograph
of the prope_rfy. ,
Mr, McMullem came to the' podiuin again and stated,his main concern was the height,of the
pcoposed'�sfiucture.
Dave Gunningham,replied tliat the ma�cimum height,>for a.stractute is 35 feet measured to the-
mid-point of the roof with a maximum of fwo stories. The proposed structure measures 28.feet-
to the mid-point and is a•two-story dwelling.
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Public-Hearing Closed.
Alan Klineman asked if there was any intent to:offer alcoholic beverages for sale or compliment,
and if there were�any piovisions for t�ash'storage and screening on the premises.
Mr. Turner stated that the amount of debris and trash in-:a week's rime will be stored behind the
fence in a small enclosure. The only time trash would be visible would be at pic&-up. There will
be no open dumpstei.
Mr. Carter asked about the�average'.occupancy'rate and whethe� or not any catering activities aze
planned. Norman Ashmore responded that occupancy would`run about 67%,.;and'thatno catering
is planned.
Aave Cunnirigham pointed out that because of'the relative newness of=this rype of use and the
somewhat antiquity of Carmel's 'Ordinance, this rype o£ use does not"exist in any of Carmel's
zone classifications. Therefore, the ;eason for the Use Variance. Dave Gunningham stated that
staff•wouldlike it reflected in the motion tha`tthe use variance be personal to the Ashmores.
Mr. Klineman asked about rates, to whick Mr: Ashmore responded that there will be corporate
as well as regular rates; the lowast cate would be $75.00, the highest �175.
Ron Carter moved to approve Docket No. iJV-6-93 Use Variance Application, and that it run
with the land rather than personal to the owner, seconded by Alan Klineman, morion approved
3-0.
4g. Docket,Nos. SU-7-93 and V-8-93, Special Use and Developmental. Standazds Variance
Application for Northview Christian Life Church, Inc. and their proposed.'development site
located at 5535 East 131st Street, Garmel. The Peritioners aze requesting special use approval
to construct:and operate a church and accessory uses. 'The�church construcrion is approximately
46,691 square feet and;contains a sanctuary;,class rooms, chapel, foyer and administrative offices.
Additionally, the peririoners aze requesring a variance from section 5.4.12 of the Cazmel/Clay
Zoning Ordinance to increase;the maximum height permitted�from 25 feet to sixty(60) feet. The
pazcel is zoned S=1', filed by James J. Nelson,,attomey for Northview Christian Life Church, Inc.
Jim Nelson, 3'663 Brumley Way, Carmel, repiesented.the applicant, Northview Christian Life
Church; Inc. Present on behalf of the church was Pastor Thomas Paino, Max Ryeison, Vice
President,and several interested members of its Boazd of Trustees. Alsopresentiwas BrentDavis
of CSO Architects; whose services were- engaged by the Church. Northview Chrisrian Life
established a Church in 1983 on a five acre parcel located at the northwest comer'of 131 st Street
and Gray Road, commonly addressed as 47Z0 East 13 Tst Street. Since that time, the Church has
experienced trecnendous growth and has$etermined thatits current facility cannot be expanded
to accommodate the growth. In 1985, Northview purchased an 80 acre pazce( of real estate
located on the south side of East 131st Street, east of and adjacent to Badger Field•which is
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operated�by ;the Carmel Dad's !Club, and' has a common address`of5535 East 131st Street.
A Special Usesis being+requested to permit the con_struction of a new church.on a part of the 80
acre pazcel,,:and a Developmen'tal Sfandazd's Variance�to permit the Church<to be a maximum of
60 feet at its� highest point. The plans for the development of the real estate include the
preservation or refainage of the natural feature of xolli"ng topogcaphy. The Church will be
accessible from 13;1'st�StreSt by a single ennance with decel and accel lanes to be added at the
entrance: The Church has agreed to dedicate'a sufficient portion of property for right-of-way
purposes to accommodate a'40 foot one=half,,nght-of-way. The internal roadway system has a
westem leg which'lead's frorti the.main entrance to parking;�facilities.of 450 spaces and includes
a circulaz drive foi drop,off;� the eastern leg is limited to delivery and, service vehicles. With
`respact to signage, the Church"wilt be identif ed by a single, i'denrificarion ground sign located
perpendiculaz to East.131st S.treet, There aze three stands of red oak'trees tharwill be preserved
and new plantings of red oak trees will be placed around the perimeter and within the azea
reserved forpazking:as'well as decorative.plant materials. A;landscape plan has been filed with
ttie Departinent of Community Development.
THe Church `was designed by CSO Architects and' upon.complerion; will be 54,074 square feet
in size and will contain a narthex, a sanctuary with a seafing;capaciry of 950; classrooms, and
administrarive offices.
A developmental 'sfandazds,variance is being reque§ted to permit the church .to be 60 feet in
height.at its"liighest point. Theaapplicarion was presented to Technical Advisory Committee on
January: 27 and received approval. All matte�s iaised at;TAC haveibeen addressed. Additionally,
;the:Board of Public`W.orks g;anted sewer and water availabiliry;:approval_o£a single curb cut;
,and ;approval� to defer the,�installarion of sidewalks; certain roadway improvements to 13Tst
Street; ae�d:the construction..ofca�,passingd,6lister on the,Fnorth,side.of,T31'st Street.. The Boazd of
Works did require certain commitments which have 6een reduced.to wriring and.filed with the
`Departiiment of Community Dexelopinent; these coinmitments'�will be recorded upon the grant of
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the Special Use. T'hese commitments provide'that tlie church wi11 install:a sidewalk adjacent and
paza]lel' to 131st Street on, the real estate when requested 6y the Boazd of Public Works,
following the, date sidewalks .aze installed"either°to the east or west property line of the real
estate. When' a sidewalk ;plan is.implemented' for this area, the church will be required to
participate. The zoning ordinance;requires and the;plans show a passing-blister on the north side
of 13;1'st Sfreeti At'present, there"is'no right-of-way on which to.install the.passing blister; The
passing bli'stei will 6e installed at this locarion pursuant,fo the pCans on file with the;Dept. of
Communiry, Development when requested by the-Board of Pufilic Works and when the right-of=
way is;available. TheBoard,of Works did-not.feel it appropriate.that the' Church proceed with
plans •to widen the -road; however,.the Church did;agree to the;following improvements when
reguested�by 'the Boacd of Public Works and Safety: ttie:addirion of 3 feet of pavement fo the
south one-half of{he soad, and to corisfruct, a 3 ;foot, chip and seal shoulder adjacent to the
ioadway. Tliese commitments are in recorda6le.'form and,;aze 6inding;on the Church and any
successois .to the�teal estate:
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Dave Cunningham stated thaf the commitments have been received by the Department and their
recommendation is for approval.
Public Hearing Closed.
Dave Cunningham ,stated that there was an amendment to the zoning: ordinance passed in
November; 1990 which addressed church spires as well as some other urilitaziac�:items, that they
would be exeinpt from.the height requirement.
Alan Klineman asked about the height of the tower: Brent�Davis responded that the tower and
the height of the sanctuary aze ro the peak the same: To the lowest level at the pazking tine, it
will be 66 feet.
Dave Cunningham stated that Staff would take'tthe measurement from thet 131 s4 Street,facade,
measuring from the ground levet to the midpoint of the peak and eave of'tfle`north facade of the
building which is 54 feet.
Ron Cartet asked what the height of ttie spire would be measuring from where the Church would
be situated on the crest of the property'above the road level, and what the use would be for the
remainder of the property. Brent Davis responded that the spire would be 14 feet higher from
the crest of the road at the entry: Jim Nelson stated that there aze currentiy no plans for
developing the remainder of the property.
Ron Carter also asked abouf disposition of thepresenYChurch site. May Ryerson, 7501 Somerset
Bay,Indianapolis, responded that at the present time;.the church building-will be offered forsale.
If finances permit, Northview would like to retain the present'building for other ministries, but
at this rime, Northview is proceeding with the sale of the building�
Dave Cunningham stated that as a point of order, special uses must comply with the ordinance
prior to their approval; therefore it is asked tfiat the variance of height be voted on first,then the
establishment of special use.
Alan Klineman moved for approval of Docket No. V-8-93 Developmental Standards Variance
Application for Northview Chrisrian Life Church, Inc. to increase the maximum height from 25
feet to 60 feet, seconded by Ron Carter; motion�passed 3-0.
Alan Klineman moved for approval ofDocket No. SU-7-93 Special Use for Northview Chrisrian
Life Ghurch; ORIGINAL MOTION AMENDED by.Alan Klineman to includ'e "subject to the
receipt"6y Sfaff and the recordation thereof of certain commitments heretofore agreed to by
Northview Christian Life Church," seconded by Ron Carter, morioa passed�:3-0.
6g. Docket No. V-10-93 Developmental Standazds:Variance Applicarion for Bill D. and Betty
Flohr and their current residenrial property located at 827 Rohrer Road, Carmel. Peritioners aze
requesring a variance from secrions 7.3.1, 7.4:2,;and 23.01 of the Cazmel/Clay Zoning Ordinance
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to ;allow an accessory' building`to ,be consrivcted within a front yazd�and within 75 feet of the
front lot line, to encroach:the requiied 35 foot front yardby 27:feet, and lastly a vaziance from
the enrire U.S. 31 OvBrlay zone requitements. The,P,arcel is zoned R-1. Filed by Bi11 D. and
Betty Flohr.:
Bill 'D. Elohr and Betty Flofir, 827 Rohrei Road, Caazmei, appeazed befora the Boazd and
requested avaziance to.build,.a,gazage addition to their hoiiie: Letters.of Notice were sent to all
adjoining property owners explaining tlie plans and giving details'before construcrion. Norice
was submitted to the newspapers 30 days prior to this meeting; however due to an error, the
certified mailing was not sent,at the prope,; rime: After discussing this matter with Staff and
legal counsel, the mailing was sent and;in the norice, the�adjacent and abutting property owners
were informed of the opportunity-to present-thepetirion`before the Board of Zoning Appeals this
evening and ask the Boazd to conrinue the public hearing-unril die'Maazch 22 meeting.
Alan IGlineman moved to conpnue`the public hearing°until 1vlazch 22, 1993, seconded by Ron
Carter, motion passed 3-0..
Alan Klineinan moved for adjouminent;.all in favor, meeting aiijoumed.
Dick'Klar,President Ramona Hancock, Secretary
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COOT5, HENKE & WHEELER
PHOFES910NAL CORPORpT1ON
LOUNBELlORS�ATtAW
25S EA9T CARMEL ORIVE
E.DAVIS�COOiS CARMEL, INDIANA 46032-2634
STEVEN H:HENKE � " " '
JAMES K.WHEELER
TELEPHONE 944-4693
JEFFREV p.MELIMER ' AREA CODE 319
SHEILAq.MARSHhLL FACSIMILE 3�9-593-5305
r.�Ar��R�s February 12 , 1993
�nMes o.caurn
JEFFREV 5.ZIPES
JAMESE.ZOCCOLA
ELIZ/BETH I�.VAN TASSEL
Mr. David Cunningham
C'iEy of Carmel
One Civic Square
Carmel , IN 46032
- RE: Salsbery Br.ot.hers Landscaping and Irrigation, Inc.
Oun File No.: 1193
Dear Dave :
Enclosed please find the Sidewalk Installation Agreement and
Consent to AnnexaGion with respect Eo the above matter. I would
appreciate it if you would review them and contact me with your com-
ments .
Very truly yours,
COOTS , HENKE & WHEELER
� � �'U`.� �� �i /f�
avis Coots
EDC:mjc
Enclosures
cc: J,effrey A. Salsbery
CONSENT TO ANNEXATION
Salsbery Brothers LandSCaping: .and Isr-:r-igation , Inc . , consent to
the annexation of the real es,tate desdr,ibed in Exhibit "A" attached
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hereto and waive their righE of remonstrance pursuant to IC
3b-4-3-11 at such time the C-ity of Carme'1 petitions to annex the
described property.
SALSBERY BROTHERS LANDSCAPING
AND IRRIGATION, INC.
BY�-
�
p'c,mj c%salsbb.a/1193
SIDEWALK INSTALLAT.bON AGREEMENT
Salsbery erobhers `Landseap;ti`ng and Irrigation, Inc. , agree to
install sidewalks ;along 'the south right-of-way of 146th Street
across the frontage of property described im Exhibit "A" attached
hereto at such time as the C'ity of Carmel adopts a general sidewalk
plan for the area and dete.rmi`nes the fair share contribution of
adjacent property owners.
SALSBERY BROTHERS` LANDSCAPING
,.:.__, __
AND IRRIGATbON, INC.
BY,: f+
p:mjc/salsbb,. a1/1193
__L_
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BOARD OF ZONIIVG
Ee6ruary 22, I993
The 'ineering was called to- order'with the P.ledge of Allegiance at'7:00 PM by Richazd ICla;,
President;'at the Ciry Councii Ghambers:
^ The Board members;present werep Ron Carter; William Clem; and Alan Klineman.
Dick Klan annouriced tliat:'Gail Baidach had officially resigned from the Board due to her
appointriient as Ciry`:Judge.
A.quorum was.declared.
Also-piesent were Dave Cunningham of Staff°and Goidon Byers; City Attorney.
ATan Klineman moved to�approve-the, minutessof the meering'of January 25, 1993; seconded by
Ron Carter, unanimously approyed.
PUBLIC HEARING:
lg: Dockef No. 'LN-3-93 Use Variance. Applicarion, for Sals6ery Brothers Landscaping &
Imgation; Inc::and their property''locatedat'4317 East'146th+,Street;;Cazme1: The peririoners aze
reqnesring<a use variance to;allow for ttie?,expansion'of'an'exisring plant nursery to include a farm
house on. two acres fo 6e used as an office/studio. This business was reviewed and received
preyious,use variance approval on Mazch 12, 1984,(V 9-84). Tfie paicel is zoned R-F. Filedby
E. Davis Coots, attomey For: Salsbery.Brothers liandscaping & Irrigarion, Inc.
Sg. Dockei IVo. V-9-93, .a Devel'opmental Standazds Uariance Applicarion for the Salsbery
Brothers'Landscaping & I,r;igarion, _Inc: and their property located=at 431:7 East 146th, Stieet,
Carmel: The pehrioners aze requesting a variance£rom:secrion 27:4.2 of the Carmel/Clay Zoning
Qrdinance.-to�install an alternariye curbing system in lieu oE full depth' concrete curbing. The
Pazcel,is zoned R=L -Filed 6y E. Davis°Coots; attomey for Sals6ary'Brothers Landscaping &
Irrigarion, Inc.
NOTE: Items lg:and 3g were:heard togetherbut vofed on sepazately.
E::Dayis Goots;,235 East�`Carmel Drive; repiesented Salsbery Brothers Landscaping & Irrigarion,
Inc: :Also=present were the;owners, JeFf;�and Randy`Salsbery'. A use_variance.for.theproperty was
o6tained'�in 1984 on the,property at 4317 East,146th Sireetfor,purposes of operaring:a.landscape
and'irrigarion,company. Since,'that rime; the peririoner has acquired a 2 acra pazcel,to the:front
of the tractwhich has an old farmhouse on it: The;peritioner is:seeking to convert ttie farmhouse
to offices and.studio;; There is an old',6am on the properfy that is,cuirently being.used:for.off'ices
and storage`ofplant material and'equipment. Tlie use 'variance granted in fi984 was restricted for
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Salsbery Bros. use only as a,landscaping and,irrigarion business. The Departinent requested that
the 5 acres with an existing vuiance be inciuded in the entire legal descriprion of the 10 acre
tract.
At the Technical Advisory Committee on January 27, 1993, the Counry Highway requested that
the exisring entry off of 146th Street be moved to the west and that the.present entry- to the
farmhouse and entry to the exisring Salsbery'Bros. be consolidated to a single entry in the`middle
of the 10 acre fract which would serve the bam azea.to the' back and the farmhouse. Tfie
Salsbery Bros. have consented to this. The landscaping will be done; the':sign will comply with
the ordinance of no more than 30 square feef and that will also be landscaped.
The second application is for a Developmental Standazds Vaziance. In keeping with the decor
of the Iandscaping and somewhaT rustic setting, the petirioner is requesring that they be allowed
to install 6X6 decorative rimbers in place of poured concrete,curbing. The rimber curbing will
have the effect of dividing the parking azea and the lawn azea, The petitioner asked that the.
Board approve the Variance Application conditioned upon its use for, a plant nursery and
studio/o£fice for this business personal to 'Salsbery Brothers only. In the event the property is
sold, the variance would visciate and revert to its R-1 cla"ssificarion.
Larry Stafford, 4201 Bast 146th. Street, Carmel, spoke :in opposirion to the variance. Mr.
Stafford's wesf and south fences abut the Salsbery properry. ,NIr. Stafford;objected to the noise
generated by the-eguipment used by Salsbery Landscaping and_'the stones,rimber; uprooted trees,.
etc. whicfi caused an unsightly appearance to the azea Mr. Sfaffotd has found,a number of-golf
balls on his property and suspects that these have come from Salsbery Landscaping.
Gene Alberson, 4411 East 146th Street, Cazme1 spoke.`in opposirion to the variance. Mr.
Alberson's west boundary is,the east lioundary of the:Salsbery property. When the vaziance was
granted in 1984, Ivlr. Stafford was told thar there would be a barrier of evergreen:trees planted
on this'boundary on Salsbery's property, To date, no landscaping has been done; there� is no
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buffer between the property. Mr. Stafford also spoke of concem in•regard to the position:of the
drivewag on the Saisbery property being close to his fence and noise.generated by tr�a coming
and going: Mr; Stafford was concemed about the Salsbery business becoming a retail
esta6lishment and Mr. Stafford was extremely opposed.
Betty Sta€ford, 4201 East 146th Street, Cazmel,spoke of concem because of lack of buffer: Mrs:
Stafford stated that;a trashfire from the Salsbery property destroyed 10 matuie pine trees on'their
property. Mrs. Stafford is opposed to the use variance.
John Platt, 13514 Dallas Lane; Garmel, spoke as a friend and client of Salsbery Brother in'favor
of the uservaziance. Mr. Platt'srconcem was that potenrial development of this pazricular, azea
undekthe R-1 designarion would generate-more homes;.more traffic, and more noise than the;e
is at present, and that ecologically, the present use is much more beneficial 'than a housing
development.
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Publlc Hearing.:Closed at 7;33.
Mr. Coots stated that Salsbery Brothe;s ,will be;as it has been for.ttie last 1;O years, not a retail
store but merely the use 'of'the house op the. 10 acres for purposes; of;an office for the'two
owners, al'ong with a studio for design artist Joann Schmarza, for the purpose of creating
landscape drawings: In keeping� with .the requast from the D"epaztment of Community
Developmerit, the entire 10 ac'ies will.be encompassed;so tliat tNeie will be,no question as to the
status of the 3 acre parcel. ,Tlie source of ttie golfballs:on ivlr.;Stafford's property is nof known.
In cegard;to:the tree'barrier'referred to by Nfr. Alberson, 8' to 10�ttees were planted within the
east boundary along the-roadway along an existing thicketthat diy�des the two properties. In
1988, a Fire did occur that d'estroye_d some of Mr: Stafford's trees. The Salsberys offered to
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replace the:trees with'like stock; that'offer was tucned.down and the:Sals6erys' liability insurance
affected compensation to�ferminate>fhe Staffords' claim: Atpiesenf, ttie work being done on the
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farmhouse is�upgraded.wiring and floor'�supports due,to tlie age and.deteriorarion ofthe House,
whetker iY is used as an office studio or a:res�dence'. There is no construcrion to be done on the
farmhouse other than interior doors., There will,lie exterior work:performed upon the approval
of ihe;variance and development standazds��applicariont,
Mr: Klineman� asked foi an.estimate of:tlie num6er of cars enferirig!and exiring the premises on
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an average day. Jeff Salsbe"'ry,:responded that,there aze si"x:full rime�employees;'a few more part-
rime' ecnpioyees in the sumcrier aionths. 'Customers coming on the premises would be for the,
purpose�ofpurchasing!ra.landscape desi,,un. Thebusiness is primarily for 1'andscape and imgarion
contracring.
Ron'Carter asked-if some[planu and,other items would 6e for retail;sale. Mr. Salsbery said that
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if-people had.aproposal fromrSalsbery and wanfed,to bdy, piants woiil$ be a4ailable for purchase
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an8,pickup and/oc delivery.
Mr: Carter;asked Daye Cunningfiam about.clari£carion forretaii use as faz as protection for the
neighbors is concerned. Dave Cunningham diiected.attenrion to �the four points in the Staff
Recommendarions for the use-variance. The.fnal•approval of the storm and drainage system by
the.Counry Surveyorand'Soil{and�Conservation Seivica;has;been;complied with; the second point
is one of insurance!which`.ries`this facilitq to the applicant,only;�therefore, future use would be
restricted as a residential property. The use variance would'+only apply to the,Salsberys and this
should be reflected`in the morion: The third and fourth iteins have been complied with 6y the
peririoner, and.therea'is,a written coirimitmeut on file..
GoiBon,'Byeis stafed that this is a use;•yariance and that ,as such, the Board could impose
condirions; M�, Byers suggested that one condirion.to be imposed, if the,Boazd'so agiee8, would
be�that there b,e no ;etail on�site. T1iis condirion^would 6e difficult to enforce,but appropriate if
tfie Boazd' chooses:�Eo limit retail traffia
Da_ve�Cunningham stated thaYaf•the time of,original petirion in 1984, the peritioner agreed to no
retail facilities on:the premises:
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Alan Klineman moved forthe approval of UV-3-93 Use Variance Application filed by Salsbery
Brothers Landscaping & Irrigation with'the undeistanding that there is to be no �eneral retail
sales conducted from the premises and that`the variance be personal to:the Salsberys and would
expire upon change of ownership, either from the corporation or change of stock ownership so
that the majoriry control of the existing corporarion moves into othe; hands, seconded by Ron
Carter, motion approved 3-0.
Alan Klineman moved to'.approve'V-9-93, aDevelopmental Standazds Vaziance Application for
Salsbery Landscaping & Irrigation, Inc.,,seconded by Ron Carter, motion approved 3-0:
2g. DocJcet Nos. SU-4-93 and V-5-93 Special Use and Developmental Standards Variance
Application for Robert G. Butlerarid Noble C. B"utler, auto body repair shop located at 931 North
Range Line Road, Carmel. A variance is requested from secrions 21.2i7 and 223.2 of° the
Cannel/Clay`Zoning Ordinance to waive the one year rime limit on ail variances and special use
and to allow for the construction of a structu;e, in two phases, below the�two (2) foot flood
protection grade required when building within a flood fringe distdct:; Addirionally; the
peritioners aze sequesri�ng Special Use approval to.construct a 33'X48' buildiug,;as a part ofphasa
one and a 70'X1'b0' building as phase two. The parcel is zoned B-3; Filed by Noble C. Butl'er.
Nob1e Butlerappeared before the Boazd and,:represented Butler Toyota. A diawing was shown
ofthe proposed building'and locarion: The packing azeas, water retenrion pond, sewer lines and
curbing have alieady been completed. AIC.has been approved by the City. The building will
be used for paint,pr8pazation.
Public Hearing Closed.
Mr. Klineman asked if the Boazd was only renewing a variance that was previously granfed and
is now expiring•by virtue of4ime limitation. Dave Cunningham replied that there is an addirional
varianca to allow the one year rime limit to be vaiied also. Therefore, the Board is being asked
to're-approve the Special Use (SU4-93) and allow fo� the variance of the;rime•limit; V-5-93.
Ron Carterasked ifthis property would'impacttraffic into the ciry: Dave,Cunningham responded
in the negative, that this property is 400 pl'usifeet off ofRangeline Road and is not viewed,as a
road impacring commercial structure.
Alan Klineman,asked to discuss some sort of rime limit. Dick.Klan recommended a three yeaz
limi_t. Daye Gunningham suggested that a motion be made to approve.and establish the special
use, and'that the rime could be varied with the^commitment.
Alan Klineman moved to approve!SU-4=93, Special Use and Developmental Standardsapplicarion
for Robert G. Butler and 1Voble C. Butler and theii auto repaii shop, seconded by R'on 'Cazter;
motion approved 3-0.
Alan Klineman moved to approve V-5-93, Development Standazds Uariance Application for
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Robert G:;Butler�an$ Noble;•C. Bud'er fo be granted for a.period of three (3) yeazs from the date
hereof,;seconded by.Ron Carte, motion approved;3-0.
3g. Docket:No. UU=b-93, Use Vaziance Application for-Norinan and,De6ra Ashmore and their
pioposed 3;744 squaze foot-:Bed and,Breakfast to be located at 1039 SouthRange Line Road,
Garmel. The�pazcel is zoned B-7. Filed by Noanan and Debia,Ashmore.
Norman and,Debra� Ashmore;:321 East SOth :Street; Indianagolis, 46205, appeared before the
Boazd and;requested a Use:Variance Application forthe propeity, located at 1039 South Range
Line Road, Carmel, to be used,as a Bed' and:Breakfast. The Ashmores are proposing to build
an:8 room luxury; inn whicfi will also: house theii' pri"vate li'ving quarters.
Robert Tumer of the,azchitectural firm of Guppy, Groef&'Tumer; 102�1 South Range Line Road,
piesenfed°the specificg of the�proposed inn Mr. Turne; showed a zoning map which showed the
loca4ion of the property and the zoning surrounding"the;property which;is,bounded by R-2 on the
back and'to,�tfie south. Ttfe property is6in a specfal zoning:of.B-7. Directly opposite the site, the
land'is zoned B-3; and is the%site,of Civi'c',Squaze. Also;presented was�a'flood plain map showing
tfie locarion of the proposed project and the flood plain,as.being south and west of 116th Street.
There,will;be 9 pazking.spaces; one;fo[ each of the eight luxury,rooms;,,one space.for handicap
pazking; and two addirio,nal. for a fotal. of 1'1; and the�,garage to be uged by the owner. Also
shown were .the diainage and :landscape plans. The azea will contain an English gazden and
reflecring pond as well asaseasonal planrings. Tfiere wi1L be two 'ballaazds at the front entrance
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1'ocated be&ind large: concrefe `piets which. will serve as "planteYs: There will also be pole
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mounted, metal halite='lamps,of 1 OOi VVatts:
Terry McIvlullen, T037 North Rangeline'Road, Carmel, (neighbor to the:north of the proposed
bed and breakfast) s4ated.concern segazding,iicnifed pazking; adequate buffei,.and the height of
the proposed building,potentially blocking sun.and Iiglit,So hisEpioperty.
Mayor Ted Johnson, 317 Concord.Lane, Cazmel,stated that this;is:an unusual project because
it is one-of,-a-kind in,Carmel; and belieyed to be an extraordinarily good'projectthat will benefit
,the City�economically and otherwise: 'The mayoc called::attenrion�to the concerns of the property
owner to the north and stated that,the Ciry has noted',a num6er of deficiencies,tflat need to be
cl'eaned up so, that the ,proposed pro�ect will not suffei daznage. Mr. IvlcMullen's property
contains partially deinoli"shed stiucriires, abandoned automoli'iles; abandoned iruck an3 trailer,
trash wiihin the atiandoned:hou"se, and'trash on the;grounds';, The;Mayor presented a:photograph
!of.the property.
Mi:,McMullen came. to the podium again and stated:his main concem was' the height of the
proposed sfiucture. �
.Dave Cunninghain replied ,that the?maximum fieight�fo;„a?structure- is 35 feet mea§ured to the
mid-point of the roof with.a_maximum�of two•stories. The proposed structure measuzes 28 feet
to the mid=point an3 is�a�two=story dwelling.
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Public Hearing Closed.
Alan K15neman asked if there was any. intenUto offer alcoholic beverages for sale or compliment,
and if there were any provisions for trash storage and screening om the premises.
Mr. Tumer stated.that the-amounYof'd'ebris and trash in a week's time will be stored behind the
fence in a small enclosure. The only time trash would be visible would be at pick-up. There will
be no open dumpster.
Mr: Carterasked about`the average occupancy rate and whether or not any catering acrivities�aze'
planned. Norman-Ashmore responded that occupancy would run about 67%; and that no cateiing
is planned.
Dave Cunningham'poinfed out that because of the relative newness of this rype of use and the
somewhat antiquity of Cazmel's Ordinance, this rype of use does not exist in any of Carmel's
zone classificarions: Therefore, the reason for:the Use Variance: Dave Cunningham stated_that
staff would like' it reflecfed in the motion #hat the use variance be personal to the Asfimores.
Mr. Klineman asked about rates, to which Mr. Ashmore responded that there will be�corporate
as well as regulaz rates; the lowest rate would be $75.00, the Highest $175:. -
Ron Cartei moved to approve Docket'No. W-6-93 Use Variance Application, and that if run
with the land iather than personal to the owner, seconded by Alan Klineman, morion approved
3-0.
4g. `Docket Nos: SU-7-93 and V-8-93,, Special Use and' Developmental' Standazds Variance
Applicarion for Northview Ghristian Life Church, Inc. and their proposed development site
located at 5535 East 13tsr Street, Camiel. The Peririoners aze requesting special use approval
to consttuctand operate a church and accessory uses: The church construction is approximately
46;691 squa;e feet and;confains a sanctuary, class•rooms, chapel, foyer and administrative offices.
Ad'dirionally, the peritioners are requesring a variance from section 5.4.12 of-the Cazmel7Clay
Zoning.Ordinance to inciease the:ma�cimum?height permitted from 23 feet to sixty (60) feet. .The
parcel is zoned S-1, filed by James J. Nelson,.attomey for Northview Chrisrian'Life Church, Inc.
Jim Nelson,, 3663 Brumley Way, Carmel, represented the applicant; Northyiew Chrisrian Life
Church, Inc. Present on behalf of the church was Eastor Thomas Paino, Max Ryerson, Vice
President,and several interested meinbers of its Boazd.of Trustees. Also present was Brent Davis
of CSO Architects, whose services were engaged by the Church: Northview Christian Life
established a Church.,in 1983 on a five acre parcel located at th'e northwest comer of;131st,Street
and Gray Road, commonly addressed as 4'770 East;l3,lst Street. Since that rime, the:Church has
experienced'tremendous.growth and:has determined that its curren4 faciliry cangot be,expanded
to accommodate the growth. In T985, Northyiew purchased an 80 acre :pazcel 'of real. estate
located on the south side of East 131st Street, east of and adjacent to Badger Field which is
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operated' by, the Garmel Dad's Club, and.has a common.address�of;5535'East 131st Street.
,A Special Use is being requested to peiiriit the coristruction ofra°new cfiurch.on a part of the 80
acre p"azcel, and a Developmental•Standaazds �!anance'to pePmit the Churc6'to be.a,maximum of
60 feet 'af its highest point. The plans for the development of the� real 'estate include the
preservarion or retainage of .the nafural feature of rolling topograghy. The 'Church will be
accessible from 131st Street by•a single entrance wiih'd'ecel and accel lanes to be added at:the
enirance. The'Church has agreed to dedicate.a sufficient portion..o€°property for right-of-way
purposes' to accodimodate a 40 foot one-half riglit-of way:: The internal ioadway sysfem has a
westetn leg which leads from the:main'entrance`to pazking,�£acilities,of 450 spaces and.includes
a'circular driv,e for, diop-off; the eastern leg is limited,'to delivery and se;vice vehic(es. With
respect to'signage, the Ghurcfi will be identified by a single, idenrificarion ground sign located
perpendicular to East 13ist Street. There aze,three starids of�red oak;trees that will be preserved
and new plantings of red oak trees' will be placed aiound the' perimeter and.within the azea
reserved for'pazking as well as decorative plant'materials. A:landscape plan has been filed with
the Department of Community.Development:
The,C&urch<was designed by CSO Architects and upoa complerion; will ,6e; 54,074 squaze feet
in size and ,wiil contain a,naithex, a:sancYuary- with a`searing capacity of 950, classrooms, and
aciministrative offices.
A developmental 'standazds.vanance' is being requesfed to permit the .church to be 60 feet in
height at ifs highest point. The=;application was presented to Technical Addisory ,Committee on
January 27,and�received approval. All=matters raised at TAC have"'been addiessed. Addirionally,
the $oard of'Public Works granted sewer aad water,a'vailability;,approval.of a single cuib cut;
and,approvaC to defei the installarion of sidewalks; certain roadway 'imp;ovements to 131st
Stieet; and'the construcrion„of,a passing'6lister'on,the=nortli side of 131sti 5t;eet. The Board of
Woiks did'require certain. commitments w6ich haye Been reduced to wriring and-filed with the
Department of Communiry Dev.elopmenf; rthese commitmentswill be:recorded upon the grant of
the Special"Use, These commitments provide that;the•church will installda:sidewalk'adjacent aqd
paiallel to '131st Street ori the real esfate :when requested by tlie Boazd of Public Works,
�following the date sidewalks are installed either'to the easf or"west property line of the real
estate.. Wlien a sidewalk plan is iinplemented' for this';area, 4he church will be .required to
participate: The zoning ordinance�requires�and the:plans,show a passing�6lister on the north side
of 1'31st Street. At prese,nt, there�is-no right-of--way�on wtiich tovin§tall the>passingblister. The
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passing blisterwill`be installed' ai t}iis'-locarion pursuant'�to the plans on file.with the Dept of
Gommunity;DevelopinenYwhan requeste8 by th"e Boazd of P,q6lic Works and�when ihe ri�hf=of-
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way is.available. Tfie<Boazd of ,W,orks 'did;not'feel _it appropriate•thaYthe Church,p;oceed with
plan"s to "wid"ep the road; ho,wever, the:Chur,ch :did agree Yo the following improvements-when
requesfed`by the Boazd of P.ulilic W,orks and Safety: the addition o8 3 feet of pavement to'ttie
south one-half of the ;road, and to construct a.3 foot; chip ;and 'seal shoulder adjacent to the
roadway: These�commitments are in iecordalile form, and.are binding;on the Church and' any
successors<fo the reai„astate:
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Dave Cunningham stated thaY the'commitments have been received'by the Department and their
recommendation is for approval.
Public Hearing Closed.
Dave Cunningham stated that there was an amendment to the zoning 'ordinance passed in
Noyember;,1990 which addressed�church spires as well as some other urilitarian items, 3hat�they
would be!exempt from fhe height requirement.
Alan Klineman asked about;the height of the tower. Brent;Davis responded thaf d6e tower and
the heighYOf the sanctuary aze to the peak the same: To the lowest-level at°the pazking line,'it
will be 66 feet.
Dave Cuiiningham "stated that Staff would take the measurement from the 13Tsf Street facade,
measuring from'tHe'gioundlevel to the.-mid"point of the peak and eave,of tlie noRh-facade of the
building which i5 54 feet.
Ron Carter asked what'the;height;of the spire would be�measuring from where the Church would
be situated on the crest�of'the property above the�road leve4, and whatthe use would be for•the
r"einainder of the pioperty. Brent Davis responded that,the spire would 6e l'4 feet fii�her£rom
the ciest of the road at the entry. Jim Nelson stated that there aze curiently no plans for
developing the remund'er of the property.
Ron�Carter also asked about;disposition;of ttie:present Gfiu;ch site: May Ryerson, 7501 Somerset
Bag,,•Indianapolis; ;esponded that at the<present rime;�the church building will be o_ffered+for;sale.
If finances permif, Nortkiview would like to retain.:the present building for othei-ministries; but
at this time, Northview is proceeding with the sale of the building.
Dave Cunningham stated that as a point of order„special uses must comply^with;the;ordinance
prior to their^approval; therefore it is asked'that the variance of height be voYed on First; then the
establishment of special use.
Alan Klineman moved for approval of Docket No. V-8-93 Developmental Standazds Variance
Applica[ion-.for IVorihview Chrisrian Life Church, Inc. to increase the maximum height from'25
feet to 60 feet, seconded bg Ron-Carter, motion.passed 3-0.
Qlan Klineman'mobed for approval o£Docket No. SU-7-93 Special'Use for Northview Ghrisrian
Life Church; ORIGINAL 1vIOTION AMENDED by' AIanlClineman,to:include "subject to the
receipt by Staff and the recordarion. thereof of certain commitinents heretofore agreed fo by ,
Northview Christian Life Church'," seconded'by Ron Carter,'morion passed 3'-0.
6g. Docket No. V=10-93 Developmental !Standards`Variance Applicarion for Bill D. and:Betty
Flohr and their cunent.residenrial property located at 827 Roliier Road, Carmel. Petirioners^are
requesring a variance from secrions 7:3.1, 7.4;2', and 23_Ol of the Carmel/Clay Zoning Ordinance
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to allow, an accessory building,'to :be constructed within a front.yazd and within 75 feet of the!
,front lot dine, to encroach the:required 3.5 foot front;yard by 2Z feet; and,lastly a yariance from!
the enrire U,S. 31' Overlay zone reguirements. The�Parcel;is zoned R-1. :Eiled by Bill D. and
Betty F.lohr.
Bill D: Flohr and Betty ,Flohr, 827 ;Rofirer Road, Garniel; appeared before the Board and'
requested a variance fo build-a,gazage addifion to'their'home. Lette;s of Notice were sent to all
adjoming prop.erty ;owners' explaining ttie'plans and,giying details'before construcrion. Norice
was submifted to the newspapers 30�days prior to this meeting; however due to an error, the
ceitified mailing was not sent��at "the properrime: Afre? discussing this mattei with' Staff and
legal coun§el„�the inailing was serit and:in the,notice, tHe+adjacedt and abutting property owners
' `were inforined of the opportunity to present ttie"perition before,'the Boazd of Zoning'Appeals this
evening and ask the;.Boaid to continue the public'heazing;unril the Mazch 22 meeting.
Alan Klineman moved' to conrinuerthe public hearing unril,Mazch 22', .1993, seconded by Ron
Carter;,morion passed 3-0.
Alan Klineman moved for.adjournment; all in favor, meering adjoumed.
Dick IClar, President Ramona Hancock; Secretary
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