HomeMy WebLinkAboutMinutes BZA 03-25-91 •
CARMEL BOARD OF ZONING APPEALS MINUTES - MARCH 25, 1991 1
The regular meeting of the Carmel Board of Zoning Appeals was
brought to order by Chairman, Jim Miller at 7 : 02 P.M. at the City
Meeting Hall on March 25 , 1991 . The meeting was opened with the
Pledge of Allegiance.
The board members present were: Jim Miller, Caroline Bainbridge,
Richard Klar, Wm. Clem and Hal Thompson.
The staff members present were: Wes Bucher, Terry Jones, Wm.
Wendling, Jr. and Dorthy Neisler.
Mr. Klar moved to approve the February 25, 1991 minutes as
presented.
Mr. Clem seconded.
Unanimously approved.
G. PUBLIC HEARING
Items Docket No. SU 11-91 and Docket No. V 12-91 will be heard
together but voted on separately.
1g. Public Hearing on Docket No. SU 11-91 a Special Use
Application for James R. Steckley for property located
on the south east corner of 116th Street and River
Road, Carmel. Petitioner is requesting special use
approval to establish a private recreational facility
within a flood plain area. Parcel is zoned S-1 .
Filed by James R. Steckley.
The public hearing was opened at 7 : 05 P.M.
Mr. Jim Steckley, 5829 E. 116th St . ,Carmel, IN, made the
presentation, a copy of which is on file at the Carmel Department
of Community Development .
Packets and pictures were distributed to all board members .
An aerial view was shown.
Mr. Maurice Huckleberry, 11533 River Road, stated that he has no
objection to the major proposal but his home will be surrounded
by this project. His concern is the value of his property.
Mr. Tom Meltzer, 5840 E. 116th Street, spoke in concern of the
preservation of the trees along 116th Street and the hours of the
new establishment.
There was discussion between Mr. Meltzer and Mr. Steckley.
Mr. Greg Binder, President of Northwoods Hills Civic Association,
11861 Hoster Rd. , spoke in favor of the project . Mr. Binder had
CARMEL BOARD OF ZONING APPEALS MINUTES - MARCH 25, 1991 2
several concerns regarding paving, definition of a private
recreational facility, and also the flooding in Northwood Hills .
If it has all been examined and the Army Core of Engineers have
examined it and are comfortable with it they are satisfied.
His concern is that the private recreational facility cannot be
expanded into a restaurant type facility. The subdivision feels
that this would be an enhancement to the neighborhood and the use
of the house would be something that the community could use.
Mr. Steckley stated that will not happen.
The public hearing was closed at 7 : 36 P.M.
Mr. Miller noted the staff recommendations (which is a part of
the official minutes and attached to the Master Copy) .
Mr. Steckley stated that he has agreed to item #1 and item #2 .
Regarding item #3, Mr. Steckley stated that he has tried to
purchase Mr. Huckleberry's property and they tried to negotiate
and thought they had an agreement that he would help do some work
on his property and he still would be happy to do so and improve
the lake that is on his property which needs some improvement.
They have tried to give consideration to his sanctuary as well as
theirs and the woods directly behind his house. Everything the
petitioner does hopes will be compatible with what he has there
and will be an improvement and the petitioner has offered to do a
lot of those things in conjunction with this project. The
petitioner does agree with item #3 also.
Mr. Terry Jones stated that the staffs concerns regarding the cut
on River Road in proximity with 116th not really being a very
safe situation and the other thing the county highway had a
problem with was the elevation on River Road from 116th to Cool
Creek. There is quite a bit of a drop there and. they were
concerned about any cuts onto that road on south of 116th Street
being a traffic problem with the American Aggregate. Until some
real sound improvements can be made to River Road, that is the
main concern.
Mr. Thompson moved to approve Docket No. SU 11-91 as presented.
Mr. Clem seconded.
Findings of Facts were completed by all board members .
Unanimously approved.
2g. Public Hearing on Docket No. V 12-91 a Developmental
Standards Variance Application for James R. Steckley
and his property located on the southeast corner of
116th Street and River Road, Carmel. Petitioner is
requesting variance from Sections 27 .4. 1 and 27.4.2 of
the Carmel/Clay Zoning Ordinance. The variance would
waive the requirement of paving and curbing of
CARMEL BOARD OF ZONING APPEALS MINUTES - MARCH 25, 1991 3
commercial parking lot on 5 . 45 acres of land. Parcel
zoned S-1.
Filed by James R. Steckley.
The public hearing was closed at 7 : 45 P.M.
Staff recommendations noted (which is a part of the official
minutes and attached to the Master Copy)
Mr. Klar moved to approve Docket No. V 12-91 as presented.
Mrs . Bainbridge seconded.
Findings of Facts were completed by all board members .
Unanimously approved.
3g. Public Hearing on Docket No. SU 13-91 a Special Use
Application for Paul E. Shoopman and Shelley L.
Shoopman for property located 4550 W. 116th Street,
Zionsville, IN. Petitioners are requesting permission
to construct two (2), artificial lakes (not part of a
plat) . Parcel zoned S-1 .
Filed by James J. Nelson for Paul E. and Shelley L.
Shoopman.
The public hearing was opened at 7 : 49 P.M.
Mr. James Nelson, 3663 Brumley Way, Carmel, IN, made the
presentation, a copy of which is on file at the Carmel Department
of Community Development.
An aerial view and a site plan was shown.
Mr. Shoopman, petitioner and Mr. Richard Henderson of Schneider
Engineering were present.
Packets were distributed to all board members .
Mr. Don Bryant, 4685 W. 116th Street, Zionsville stated they he
is not in direct opposition to this project . The concerns are
who is addressing the stability of the embankments, and the idea
that it may be necessary to supplement the natural drainage into
these lakes with ground water that would be pumped into the
lakes .
Mr. Carl Terry, 4150 116th St . , stated that he is not opposed to
this project, but has a couple of concerns . Where is the
spillway going to be?
Mr. Mark Shirley, 4648 W. 121st Street, what is the immediate
plans for that farm land in the 44 acre tract?
The public hearing was closed at 8 : 02 P.M.
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CARMEL BOARD OF ZONING APPEALS MINUTES - MARCH 25, 1991 4
Mr. Jim Nelson addressed the first question regarding how the
water is being retained, the water is retained by the
construction of two earth and dams, each of these dams are
approximately 18 ' in height and is constructed of earth. The
plans including the construction of the earth and dams were
submitted and reviewed by all Technical Advisory Committee
members and specifically the Department of Soils and
Conservation, and to the Hamilton County Surveyors Office. With
respect to the question, did we encroach into the flood way with
the dams? The answer to that question is no, our dams are
located outside of the floodplain of the Long Branch Creek. With
respect to the plans of the balance of the land the plan before
you represents Mr. Shoopmans' immediate plans . With respect to
the possibility that wells will be utilized to keep these lakes
at normal pool. The portion of this area that drains into these
two lakes is 103 acres in size . They are relying on this natural
condition as well as this 103 acre drainage area to fill and
maintain these lakes at normal pool. They have not made a
decision as to whether or not a well will be drilled with respect
to each lake in order to keep them at normal pool If wells were
to be drilled they require by law a permit from the Indiana
Department of Natural Resources, and if they were drilled they
would be drilled for the primary purpose of the water loss
through evaporation in the months of July and August. A
hydrogeologic study was done and its findings were that if there
8 gallons a minute to be pumped this causes absolutely no
problem.
Mr. Miller asked if there would be a fence all around the
property?
Mr. Henderson stated that there would be a stockade fence and a
new planting of trees put around the property.
Mr. Carl Terry, 4150 W. 116th Street, asked where the spillway is
going to be on the one to the east and how they will handle any
overflow of the lake over onto Long Branch?
Mr. Henderson stated that the primary outlet to the lake from the
east will be a 12 ' C & P pipe outletting to the ravine. The
emergency spillway on the dam itself we don' t ever expect to use
but it is there if needed. Do not see any substantial erosion or
any problem with that.
Ms . Gertrude Kerburg, 4455 W. 116th St . , asked how high will the
dam be?
Mr. Henderson stated that it would be approximately 18 ' high.
Mr. Klar moved to approve Docket No. SU 13-91 as presented.
Mr. Thompson seconded.
Findings of Facts were completed by all board members .
Unanimously approved.
CARMEL BOARD OF ZONING APPEALS MINUTES - MARCH 25, 1991 5
Items Docket No. UV 14-91 and Docket No. V 15-91 were heard
together but voted on separately.
4g. Public Hearing on Docket No. UV 14-91 a Use Variance
Application for Matthew E. Hubbard for property located
2925 West 146th, Carmel . Petitioner is requesting a use
variance to allow a landscape design/build company to
operate from subject property in order to maintain a
farm appearance under a use variance . Property is zoned
S-1.
Filed by Matthew E. Hubbard
The public hearing was opened at 8 : 26 P.M.
Mr. Matthew E. Hubbard, 328 Thornberry Drive, Carmel, IN, made
the presentation, a copy of which is on file at the Carmel
Department of Community Development.
Packets and pictures were given to all board members .
A site plan was shown.
Mr. Phil Pegran, 2731 W. 146th Street, spoke in opposition of the
Use Variance as applied for and the Developmental Standards
Variance that it would effect the property value, and the concern
of a crushed stone driveway, and the concern of 18 parking
spaces, the retention pond and the traffic. A letter was read
which was written by Mr. H. William Bower, an adjoining neighbor,
in regards to his opposition of this project.
Mr. Ron Huser, 2704 W. 146th Street, stated his concern of the
property value and the same concerns as the above remonstrators .
Mr. Alan Litz, 1740 W. 146th Street, spoke in objection and his
concern of the property value and commercial enterprises .
The public hearing was closed at 8 : 45 P.M.
Mr. Klar stated that in the special use section it states 10 acre
minimum is that for this type of situation. Does it have to have
a special request or is that included in this request?
Mr. Terry Jones stated that would be included in this request and
under 5g. that is a misprint under staff comments that would be
this is not a special use request, it is a use variance because
we couldn't put him in a commercial greenhouse category and he
really didn't fit in the commercial nursery.
Mr. Klar asked if the County Highway require accel and decel
lanes .
Mr. Terry Jones stated that it has not been required.
CARMEL BOARD OF ZONING APPEALS MINUTES - MARCH 25, 1991 6
Mr. Clem moved to approve Docket No. UV 14-91 as presented.
Mr. Klar seconded.
Findings of Facts were completed by all board members .
Unanimously approved.
5g. Public Hearing on Docket No. V 15-91 a Development
Standards Variance Application for Matthew E. Hubbard
for property located 2925 W. 146th Street, Carmel.
Petitioner is requesting variance from Sections 27 .4 .1
and 27 .4.2 of the Carmel/Clay Zoning Ordinance. The
variance would waive the requirement of paving and
curbing of commercial parking lot. Parcel is zoned S-
1 .
Filed by Matthew E. Hubbard.
Mr. Klar moved to approve Docket No. V 15-91 as presented.
Mr. Clem seconded.
Findings of Facts were completed by all board members .
Unanimously approved.
Docket No. SU 16-91, Docket SU 16-91 and Docket NO. SV 17-91 were
here together and voted on separately.
Mr. Wm. Wendling, Jr. withdrew himself from this project.
Mr. Steve Andrews will be available for any questions on this
project.
6g. Public Hearing on Docket No. SU 16-91 Special Use
Application for Carmel/Clay Schools for property
located northeast corner 136th Street and Six Points
Road, Carmel. Petitioner is requesting permission to
construct an elementary school to be known as Carmel
West Elementary School. Parcel is zoned S-1.
Filed by Campbell Kyle Proffitt for Carmel Clay
Schools .
The public hearing was opened at 9 : 00 P.M.
Mr. Bob Campbell, Campbell Kyle Proffitt, 650 E. Carmel Drive,
Suite 400, Carmel, IN, made the presentation, a copy of which is
on file at the Department of Community Development.
An aerial view, rendering of new school, overall layout plan,
utility plan, building elevation, photo of media center and
lighting plan was displayed.
Dr. Robert Hartman, Superintendent of Schools, Mr. Roger Harper,
Director of Business Affairs, Mr. Dan Maynard, Principal in
charge of the school project from the Architect firm of Fanning,
Houghey Associates,also Mr. Gary Webb, construction Manager and
Mr. Tim Stevens, Land Use Consultant from Campbell Kyle Proffitt,
CARMEL BOARD OF ZONING APPEALS MINUTES - MARCH 25, 1991 7
and Ms .Debra Farmer, Law Partner.
Booklets were distributed to all board members .
Mr. Campbell distributed a letter from David and Deanna Morrow,
who have expressed concern about the light standards (which is a
part of the official minutes and attached to the Master Copy) .
Ms . Judy Hagan, 10946 Spring Mill Lane requested for approval of
this project and it is very much needed. She also asked about
the access road, she understood that they were going to arrange
for a half right-of-way for Six Points Road to be extended. Her
understanding was that they would not spend it at this time but
they would allow the half right-of-way on their side. She feels
that for long range planning that they should allow for Six
Points to be extended north.
Mr. Campbell stated that the school has not agreed to extend any
136th Street road improvements beyond the boundary of the school .
He did state that there were discussions regarding 136th and
Spring Mill Road intersection. With respect to Six Points Road,
if Six Points Road is ever extended northward and assuming that
the school has reconfigured the west access, there is no problem
with what she is suggesting, in fact it makes sense. He believes
that the school has already committed to that. We are not
planning to spend any money at the present time to extend Six
Points Road north. He stated that they are in the process of
negotiating acquiring additional right-of-way for a decel lane
and that would extend beyond the property line.
The public hearing was closed at 9: 27 P.M.
Mr. Miller noted staff recommendations (which is a part of the
official minutes and attached to the Master Copy) .
Mr. Terry Jones requested a modified set of plans that would show
that it would be at .1 ft candle at the time of dedication.
There was further discussion regarding the lighting being a . 1
ft.candle.
Mr. Wes Bucher stated that he would like the matter regarding the
possible dedication of right-of-way if Six Points Road was
extended to be entered as part of the minutes of this meeting.
Just to clarify our position on the Six Points Road and the
alignment, they did ask the school and they agreed to show us
that alignment matching up with Six Points Road so we don't get
an offset coming in there and ask for that to be what the board
is approving tonight is that new alignment. He feels that they
agreed that in case negotiations would break down and they would
not be able to purchase that property they would come back to the
board and at time and tell you that was not possible to get that
i
CARMEL BOARD OF ZONING APPEALS MINUTES - MARCH 25, 1991 8,
negotiated to do that and come back with this plan. Staff ' s
comments are based on the fact this is the design that we suggest
in asking you to approve that design. They have talked to
adjoining property owners and they have agreed to work with the
school on this .
Mrs . Bainbridge moved to approve Docket No. SU 16-91 as presented
with the consideration for the alignment at Six Points Road.
Mr. Clem seconded.
Findings of Facts were completed by all board members .
Unanimously approved.
7g. Public Hearing on Docket No. SV 17-91 Sign Variance
Application for Carmel Clay Schools for property
located northeast corner 136th Street and Six Points
Road, Carmel. Petitioner is seeking a variance from
Section 25 . 7 . 03-2a. iii which establishes 30 square feet
as maximum allowable sign area for institutional signs .
Petitioner desires to erect a wall sign that is 60
square feet (1. 5 'x40' ) . Parcel is zoned S-1 .
Filed by Campbell Kyle Proffitt for Carmel Clay
Schools .
Mr. Klar moved to approve SV 17-91 as presented.
Mr. Thompson seconded.
Findings of Facts were completed by all board members .
Unanimously approved.
8g. Public Hearing on Docket No. SV 17-91 Sign Variance
Application for Carmel Clay Schools for property
located northeast corner 136th Street and Six Points
Road, Carmel . Petitioner is seeking a variance from
Section 5 . 4 . 1 of the Carmel Zoning Ordinance to allow
part of the proposed elementary school building to
exceed the 25 ' maximum height. The school gymnasium
will be 34 ' high at the highest point and the media
center will exceed 25 ' ; exterior light standards will
be 30 ' high. Parcel is zoned S-1 .
Filed by Campbell Kyle Proffitt for Carmel Clay
Schools.
Mr. Klar moved to approve Docket No. V 17-91 as presented.
Mrs . Bainbridge seconded.
Findings of Facts were completed by all board members .
Unanimously approved.
Docket No. SU 19-91 and Docket No. V 20-91 were heard together
and voted on separately.
9g. Public Hearing on Docket No. SU 19-91 Special Use
Application for T.G.E. , Inc. , Warren K. Johnson for
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CARMEL BOARD OF ZONING APPEALS MINUTES - MARCH 25, 1991 9
property located 1701 East 116th Street, Carmel.
Petitioner requests special use approval to allow
construction of a new gasoline service station with a
food mart and car wash after the existing gasoline
service station is razed. Parcel is zoned B-3 .
Filed by Warren K. Johnson.
The public hearing was opened at 9 :42 P.M.
Mr. Ken Sebree, Architect with offices in Indianapolis, made the
presentation, a copy of which is on file at the Carmel Department
of Community Development.
Mr. Warren Johnson, Officer of the T.G.E. Corporation, which owns
and operates this property at this time was present.
A site plan and an elevation of the structure was displayed.
There were no comments from the public at this time.
The public hearing was closed at 9 : 52 P.M.
Mr. Sebree stated that this will not be a 24 hour operation at
this time.
Mr. Warren Johnson, 4416 King Arthur Ct. , stated that the start
of construction will begin within 20 days and completion in 90
days after construction has started.
All TAC concerns have been met and staff recommendations were
noted (which is a part of the official minutes and attached to
the Master Copy) .
Mr. Klar moved to approve Docket No. SU 19-91 as presented.
Mr. Thompson seconded.
Findings of Facts were completed by all board members
Unanimously approved.
10g. Public Hearing on Docket No. V 20-91 Developmental
Standards Variance Application for T.G.E. , Inc. , Warren
K. Johnson for property located 1701 East 116th Street,
Carmel. Petitioner requests variance from the
following sections :
Sec. 14 . 3 . 2 Minimum Front Yard 60 '
-Canopy: 23 ' from 116th r/w; 37 ' from Rangeline r/w
Sec. 25 . 7 .04-1 (a) Ground Sings (2)
-iii .Maximum Sign Area: Allowed-Sign Chart(a) - 30
sq.ft.
Sign Area Requested: 45 sq.ft.
-iv.Maximum Height of Ground Sign: Allowed-Sign
CARMEL BOARD OF ZONING APPEALS MINUTES - MARCH 25, 1991 10
Chart(a)6 'Height
Requested: 6 .5 '
-v.Location: Allowed-Sign Chart(a) Within 5 '
minimum of r/w
Location Requested: 0. 0 '
-vii.Copy: Allowed - Sign limited to "name,
address, and/or number of a building. . . ; to the
activity carried on in the building. . . ; the
occupation of the person; and/or the logo" .
Copy Requested: Changeable in type (pricing)
in addition to what is allowed.
Sec.25 .7.04-1 (a) .ii. Number and Type of Signs
-Wall/Additional Signs
a)"FOOD MART' 15sq.ft. north side of convenience
store building facing 116th Street
b)"SMITTY'S SPECIALS" (with changeable copy i.e.
message board)20sq.ft. north side of convenience
store building," which also needs variance of
Sec.25 . 7 .01-4 "PROHIBITED SIGNS. (n) Signs which
are not included under the types of signs
permitted in this Ordinance.
c)"TOUCH FREE CAR WASH' 31. 25 sq.ft. west side of
car wash building
d)"TOUCH FREE Car Wash Exit" 33 . 75 sq.ft. north
side of car wash building.
Mr. Thompson moved to approve Docket No. V 20-91 as presented.
Mrs . Bainbridge seconded.
Findings of Facts were completed by all board members.
Unanimously approved.
The meeting was adjourned at 10 : 03 P.M.
Chairman Secretary