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HomeMy WebLinkAboutMinutes BZA 03-26-01 City of Carmel Board of Zoning Appeals The regularly scheduled meeting of the Board of Zoning Appeals met on March 26, 2001 at 7:00 PM in the Council Chambers of City Hall, Carmel, Indiana. Members present: Michael Mohr; Pat Rice; Charles Weinkauf, thereby establishing a quorum. The minutes of the February 2001 meeting were approved as submitted. The Department of Community Services was represented by Michael Hollibaugh, Director, Kelli Hahn, and Laurence Lillig. Michael introduced Jon Dobosieiwcz as the newest member of the DOCS planning staff. Laurence will remain the “point of contact” for the Department, but Jon Dobosiewicz will be attending the meetings and assisting from time-to-time. Laurence Lillig reported that Item 17h. Woodland Shoppes – Nextel West WTF (SU-1-01) had not provided informational packets in a timely fashion. Packets were received by the nd Department March 22, but were too late to mail to the Board. It should also be noted that the Notice of Publication by the petitioner was two days short of the 25 days required by the BZA Rules of Procedure. John Molitor opined that if the Board were to hear this item tonight, it would require a Suspension of the Rules of Procedure. Peter Newton, CIS Communications, 165 N. Meramec Avenue, Suite 120, St Louis, Missouri addressed the Board saying they had submitted information in January for a BZA meeting at that time, and he was of the opinion that the information booklets would still be viable. Mr. Newton maintained that the petitioner had acted as quickly as possible and did not believe they were in error. Michael Mohr noted that this item will also need ADLS approval from the Plan Commission and the BZA Board would like to have benefit of the full package before hearing this petition. TABLE Docket No. SU-1-01 Michael Mohr moved to to the April meeting, seconded by Pat APPROVED Rice and 3-0. Legal Counsel Comments, John Molitor. Items 1h throuh 9h, Lakes at Hazel Dell, Section 1, Lots 16, 17, 237 and 238 are currently being reviewed through an up-date to the Zoning Ordinance. The up-date to the Ordinance would have covered these types of cases regarding model homes and would have obviated the necessity of of the Variance approval. The Ordinance up-date has not proceeded as rapidly as anticipated, and a list of the items on the S:\\BZA\\Minutes\\2001mar26 proposed Ordinance is still being put together, but it may be three or four months before such an Ordinance can be adopted. In the meantime, the situation with the Zaring Homes Development at the Lakes at Hazel Dell continues. There was more or less an understanding between Zaring Homes and the previous Director that an Ordinance would be adopted to address this issue. Mr. Weinkauf expressed concern at the continued Tabling of all of the Lakes at Hazel Dell petitions as well as the lack of concern on the petitioner’s part with the BZA process. Mr. Molitor stated his position in working with the previous Director that the tabling should be allowed and a specified time limit perhaps spelled out—however, that has not occurred in this case. The fault does not lie entirely with the developer on this situation. Hopefully there will be an Ordinance in place this summer spelling out exactly where and when model homes are permitted. Mr. Molitor will make a strong recommendation to the Department that these items be disposed of prior to the April BZA meeting. H. Public Hearing: 1h-3h. These Items Currently Tabled: Lakes at Hazel Dell, Section 1, Lot 16 (UV-133-00; V-156-00; V-157-00) Petitioner seeks a Use Variance of Section 5.1: Permitted Uses in order to establish a temporary model home/sales office. Petitioner also seeks Developmental Standards Variances of Sections 25.7.02-7(c): Maximum Sign Area; and 25.7.01-7(d): Maximum Sign Height. The site is zoned S-1/residence. Filed by Joseph M. Scimia of Baker & Daniels for Zaring Homes of Indiana. 4h. This Item Currently Tabled: Lakes at Hazel Dell, Section 1, Lot 17 (UV-134-00) Petitioner seeks a Use Variance of Section 5.1: Permitted Uses in order to establish a temporary model home/sales office. The site is zoned S-1/residence. Filed by Joseph M. Scimia of Baker & Daniels for Zaring Homes of Indiana. 5h-8h. These Items Currently Tabled: Lakes at Hazel Dell, Section 1, Lot 237 (UV-135-00; V-153-00; V-154-00; V-155-00) Petitioner seeks a Use Variance of Section 5.1: Permitted Uses in order to establish a temporary model home/sales office. Petitioner also seeks Developmental Standards Variances of Sections 25.7.02-7(b): Number and Type of Signs; 25.7.02-7(c): Maximum Sign Area; and 25.7.02-7(d): Maximum Sign Height. The site is zoned S-1/residence. Filed by Joseph M. Scimia of Baker & Daniels for Zaring Homes of Indiana. s:\\BoardofZoningAppeals\\Minutes\\2001mar26 2 9h. This Item Currently Tabled: Lakes at Hazel Dell, Section 1, Lot 238 (UV-136-00) Petitioner seeks a Use Variance of Section 5.1: Permitted Uses in order to establish a temporary model home/sales office. The site is zoned S-1/residence. Filed by Joseph M. Scimia of Baker & Daniels for Zaring Homes of Indiana. Hazel Dell Corner, Lot 1; Osco Drug (V-199-00; V-200-00; V-201-00; 10h-16h. V-202-00; V-203-00; V-204-00; V-205-00) Petitioner seeks several Developmental Standards Variances for an Osco Drug on 1.68± st acres. The site is located at 5790 East 131 Street. The site is zoned B-3/business. V-199-00 ZO 14.4.3(b) 24’ west side yard V-200-00 ZO 14.6 25’ south greenbelt V-201-00 ZO 25.7.02-7(b) to allow four signs V-202-00 ZO 25.7.02-7(c)(1) 80-sq.-ft. wall sign V-203-00 ZO 25.7.02-7(c)(1) 80-sq.-ft. wall sign V-204-00 ZO 25.7.02-7(c)(1) 56-sq.-ft. wall sign V-205-00 ZO 25.7.02-7(c)(1) 24-sq.-ft. ground sign Filed by J. Murray Clark of Clark Quinn Moses & Clark for American Partners, LP. Murray Clark, attorney with Clark, Quinn, Moses & Clark appeared before the Board of Zoning Appeals representing American Partners. Mr. Clark distributed supplemental information to the Board members regarding the subject variances as well as a Special Use Petition granted by the Board. The petitioner seeks to develop and operate a 15,251 square foot Osco Drug Store at 5790 East st 131 Street. The site is lot one of a six-lot commercial subdivision zoned in 1995. As a part of the zoning on this site, the petitioner is required to go through the ADLS process. The petitioner has appeared before the TAC committee, a previous BZA meeting for a Special Use, and the Plan Commission process for ADLS approval. The size of the building and general footprint of the building has remained the same, the landscaping, design, and signs have changed over the previous five months. Mr. Clark referred to the packet submitted this evening—a copy of the commitments to which the petitioner agreed at the Plan Commission meeting earlier this month. The site and landscape plan agreed to by the petitioner is the result of the work of the Special Study Committee and the Plan Commission under the ADLS review process. Firstly, in regard to the required 30 feet side yard—the petitioner is requesting a variance to allow a 24-foot west side yard because of easement property designated as an access drive. Secondly, the 25-foot south greenbelt variance request has been the subject of much discussion. The preliminary plat showed a 45 foot one-half right-of-way; however, the thoroughfare plan has a 50 foot one-half right-of-way. The Department preferred to have the petitioner dedicate 5 feet and the petitioner has agreed to do so. With the help of the Urban Forester, the landscaping st along 131 was re-arranged and the green belt provided along the south is no longer 25 feet—it is 20 feet. Therefore, V-200-00 should be amended to read 20 feet rather than 25 feet south greenbelt. s:\\BoardofZoningAppeals\\Minutes\\2001mar26 3 The petitioner initially requested four signs. Through the course of review, the petitioner has agreed to limit itself to three signs. Therefore, petition number V-205-00 requesting a 24 square foot ground sign is being officially Withdrawn at this time. No ground sign is being requested. The three signs are back-lit with a halo effect, with opaque letters and not traditional “can” th letters seen at the Osco store at 116 and Range Line Road. The hours of operation are limited. The character of the area has been taken into consideration and traditional brick will be used wherever brick is required. The HVAC rooftop equipment will be screened from view. The 5 feet of right-of-way dedication is in the form of a commitment. The commitments also address the trash enclosure along the north side of the building. Members of the public were invited to speak in favor or opposition to the petitions; no one appeared and the public hearing was closed. Laurence Lillig reported for the Department. Docket V-200-00 would be amended to a 20-foot greenbelt width. V-201-00 would be amended to three signs rather than 4. V-205-00 is withdrawn. With respect to the petitions as amended, the Department is recommending favorable consideration. Ms. Rice was complimentary of the petitioner for his hard work with the Plan Commission Committee—the Special Study Committee recommended favorable consideration. Michael Mohr complimented the petitioner on the submission of the information booklets—very thorough, very informative. Mr. Mohr did have some questions as to the illumination of the signs, but Pat Rice said the lighting issues had been resolved at the Committee level. Hazel Dell Corner, Lot 1, Osco Drug, V-199-00 Pat Rice moved for approval of , seconded by APPROVED Michael Mohr and 3-0. Hazel Dell Corner, Lot 1, Osco DrugV-200-00 as Michael Mohr moved for approval of , amendedAPPROVED to allow for a 20-foot south greenbelt, seconded by Pat Rice and 3-0. Hazel Dell Corner, Lot 1, Osco Drug, V-201-00 Michael Mohr moved for approval of as APPROVED amended to allow 3 signs rather than 4, seconded by Pat Rice and 3-0. Hazel Dell Corner, Lot 1, Osco Drug, V-202-00 Michalel Mohr moved for approval of , APPROVED seconded by Pat Rice and 3-0. Hazel Dell Corner, Lot 1, Osco Drug, V-203-00, Michael Mohr moved for approval of APPROVED seconded by Pat Rice and 3-0. Hazel Dell Corner, Lot 1, Osco Drug, V-204-00 Michael Mohr moved for approval of , APPROVED seconded by Pat Rice and 3-0. s:\\BoardofZoningAppeals\\Minutes\\2001mar26 4 Woodland Shoppes - Nextel West WTF (SU-1-01) 17h. Petitioner seeks Special Use approval for a 95-foot monopole wireless th telecommunications facility. The site is located northeast of East 116 Street and South Range Line Road. The site is zoned B-8/business. Filed by Matt Mugavero of CIS Communications for Nextel West. TABLED TO APRIL Hazel Dell Corner, Lot 5 (V-4-01) 18h. Petitioner seeks a Developmental Standards Variance in order to establish a 30-square-foot Special Use sign. The site is located at 13250 Hazel Dell Parkway. The site is zoned B-3/business. Filed by James J. Nelson of Nelson & Frankenberger for Hazel Dell Office Development, LLC. Jim Shinaver, 15601 Oak Road, Carmel, attorney with Nelson & Frankenberber, appeared before the Board representing the applicant. Also present was Fred Fackenthal of American Consulting Engineers. The site is situated west and adjacent to Hazel Dell Parkway. The proposed Osco store will be south of the site; the parcel to the north is proposed for Day Care facility. The applicant previously appeared before the BZA for a Special Use Approval request that was granted in 2001. The petitioner is requesting approval to establish a 30 square foot Special Use sign. The ground identification sign will be 5 feet from the right-of-way for Hazel Dell Parkway, centered to the middle of the building, essentially where the entrance would be. The total square footage of the sign, including the columns, would be 34.4 feet in size (4 feet in height, 8.6 feet in length.) If the columns were excluded, the actual sign area is 15 square feet. The sign will be ground lit on each side by a 50 watt bulb. There will be copy on each side of the sign, and perpendicular to Hazel Dell Parkway. Nothing is to be planted that will obstruct the view of the sign. The sign materials are wood, painted white, with black letters. Department Comments, Laurence Lillig. As a special use with less than 5 acres, the petitioner is permitted 30 square feet of signage. The structure of the sign is counted toward the size of the sign. The Department is recommending favorable consideration of this petition. Members of the public were invited to speak in favor of or opposition to the petition; no one appeared and the public hearing was closed. Hazel Dell Corner, Lot 5 (V-4-01) Pat Rice moved for approval of seconded by Michael Mohr APPROVED and 3-0. Blue Creek Woods Estates, Lot 27a (V-20-01) 19h. Petitioner seeks a Developmental Standards Variance of Section 6.4.3(B): Minimum Side Yard in order to allow an attached garage to encroach 5’6” into the minimum 10’ north side yard setback (4’6” side yard). The site is located at 10431 Brecken Ridge Drive. The site is zoned S-2/residence. s:\\BoardofZoningAppeals\\Minutes\\2001mar26 5 Filed by Michelle & Robert Haimbaugh. Michelle Haimbaugh, 10431 Brecken Ridge Drive, Carmel appeared before the Board requesting a 5.6-foot encroachment of their garage into the minimum 10-foot north side yard setback to allow the garage to be expanded to accommodate a handicapped van with a wheelchair lift. The Board members had no questions or comments, and waived further explanation or presentation by the petitioner. Department Comments, Kelli Hahn. Kelli Hahn reported the Department’s position for favorable recommendation. Members of the public were invited to speak in favor of or opposition to the petition; no one appeared and the public hearing was closed. Blue Creek Woods Estates, Lot 27a (V-20-01) Michael Mohr moved for approval of seconded APPROVED by Pat Rice and 3-0. I.Old Business None Chuck Weinkauf had questions as to the First Indiana Bank that was previously approved for the new design and building; however, nothing currently is being constructed by First Indiana Bank. Laurence Lillig responded that the petitioner has 18 months to complete the development, however, Mr. Lillig said he would investigate the Board’s previous action on this matter and report at the next meeting. There being no further business to come before the Board, the meeting was adjourned at 8:23 PM. ___________________________________ Charles W. Weinkauf, President __________________________________ Ramona Hancock, Secretary s:\\BoardofZoningAppeals\\Minutes\\2001mar26 6