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Carmel Board of Zoning Appeals
Hearing Officer
Monday,August 26, 2013 Meeting
5:30 p.m.
Caucus Rooms, Carmel City Hall
Present: James Hawkins, Hearing Officer
Connie Tingley, Recording Secretary
Staff Members: Alexia Donahue-Wold, Planning Administrator
Legal Counsel: John Molitor
Public Hearing:
1-2. (V)Auto Max,9728 Michigan Rd.
The applicant seeks the following development standards variance approvals for an auto
dealership along Michigan Road:
Docket No. 13070003 V ZO CH: 23C.08.02B Maximum front yard setback 120 ft
Docket No. 13070004 V ZO CH: 23C.08.04 2,500 sq.ft.minimum gross floor area
The site is located at 9728 North Michigan Road. The site is zoned I-1/Industrial within the
Michigan Road Overlay. Filed by Elizabeth Bentz Williams with Clark,Quinn,Moses,Scott &
Grahn,LLP, on behalf of Block Properties.
Present for the Petitioner:
Matthew Clark, Clark, Quinn, Moses, Scott& Grahn, LLP
• Previous use of property was a veterinary office.
• Owner demolished one building on property and part of the existing building which was
where the kennels were for the previous veterinary use. Did not realize the property
would be out of compliance by the demolition.
• Existing building is not in compliance for minimum square footage or maximum front
yard setback
o Staff had not objections to upgrades being made to property
Public Hearing closed.
Department Report:
Alexia Donahue-Wold
• Owner making improvements for an auto sales facility
• Zoning is I-1 within the Michigan Rd Overlay
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Carmel Board of Zoning Appeals
Hearing Officer Meeting
August 26,2013
• This project is also being reviewed for DP/ADLS approval
• Michigan Road Overlay requires 120 feet maximum setback and 2,500 minimum square
footage for building
• Building existed before Michigan Road Overlay was implemented
• Petitioner requesting variances to legally establish the building size and front yard
setback
Department recommended approval.
Action: Mr. Hawkins APPROVED Docket Nos. 13070003 V and 13070004 V, Auto Max,
9728 Michigan Road, for maximum front yard setback of 196 feet (120 feet maximum allowed)
and minimum gross floor area less than the 2,500 square feet minimum gross floor area required.
3. (V)First Merchants Bank,EIFS percentage.
The applicant seeks the following development standards variance approval for the amount of
EIFS on a new bank along Michigan Road:
Docket No. 13070014 V ZO CH: 23C.09.K.2.e EIFS not to exceed 10%, 13.25% requested
The site is located at 10210 North Michigan Road. The site is zoned B-2/Business within the
Michigan Road Overlay. Filed by Jon Dobosiewicz with Nelson& Frankenberger,on behalf of
First Merchants Bank.
Present for the Petitioner:
Jim Shinaver and Jon Dobosiewicz, Nelson & Frankenberger
• Building design incorporates 13.25% EIFS
o Renderings shown with and without additional EIFS detailing along roof line
o Plan Commission approved renderings with 10% EIFS and 13.25% EIFS based
on outcome of variance approval
• For the record, the Plan Commission preference was rendering with
13.25% EIFS to provide additional detailing
Public Hearing closed.
Department Report:
Alexia Donahue-Wold
• Addition of minor EIFS adds to building design
Department recommended approval.
Discussion: ' r
• Olive Garden was approved with significantly more EIFS
Action: Mr. Hawkins APPROVED Docket No. 13070014 V, First Merchants Bank, for
13.25 percentage EIFS (10 percent allowed).
4. (V) Galloway Pool,Plum Creek Farms,Sec 1,Lot 34.
The applicant seeks the following development standards variance approval for a new pool:
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Carmel Board of Zoning Appeals
Hearing Officer Meeting
August 26, 2013
Docket No. 13080001 V ZO CH: 25.01.01.C.8.a Min rear yard setback for a pool.
The site is located at 12650 Cerromar Ct. The site is zoned S-1/Residence. Filed by Marge
Mikels with Pools of Fun, on behalf of the owners.
Present for the Petitioner:
Marge Mikels,Pools of Fun, and Shane O'Brien, Project Manager, Pools of Fun
• Reduce required 20-foot rear setback to 11-foot setback to install swimming pool
Remonstrance:
Fangnan Shi, representing his father, Lei Shi, homeowner at 12651 Cerromar Court
• Concerned about fence or pool cover for safety of children or dogs
• Concerned about noise in neighborhood
• Not many pools in this community of Carmel
Rebuttal:
Marge Mikels:
• Existing fence
• Automatic cover will be installed on pool
• Two people in home; little noise
o Wheelchair-bound homeowner will use pool to enhance physical therapy
Public Hearing closed.
Department Report:
Alexia Donahue-Wold
• Proposed location of pool will be 11 feet from rear property line and about one foot from
a drainage, utility and sewer easement
• Common area abuts rear of property
• Will meet side and front yard setbacks
• Zoning Ordinance requires fence or pool cover
• A pool is a permitted accessory use
Department recommended approval.
Discussion:
• Pools of Fun will have access to the back yard for construction without going through
common area
Action: Mr. Hawkins APPROVED Docket No. 13080001 V, Galloway Pool, Plum Creek
Farms,Sec 1, Lot 34,for minimum rear yard setback for a pool of 11 feet (20 feet required).
Recess taken until Mr. Ochs arrived.
5-7. (V)Penn Mark One,Landscape Areas.
The applicant seeks the following development standards variance approvals:
Page 3 of 4
Carmel Board of Zoning Appeals
Hearing Officer Meeting
August 26,2013
Docket No. 13080005 V ZO CH: 23B.10.02(A)(1) 30 foot Greenbelt along US 31
Docket No. 13080006 V ZO CH: 23B.10.02(B)(1) 10 foot planting strip along 116th St
Docket No. 13080007 V ZO CH: 23B.10.02(B)(1) 10 foot planting strip along
Pennsylvania St
The site is located at 11595 North Meridian Street. The site is zoned B-6/Business within the US
31 Overlay. Filed by Timothy Ochs with Ice Miller on behalf of the owner.
Present for the Petitioner:
Tim Ochs, Ice Miller
• Agree with Staff Report
• Property impacted by US 31 improvement project
• Existing landscape buffers along US 31 being taken for right-of-way; leaving no green
area
Public Hearing closed.
Department Report:
Alexia Donahue-Wold
• Existing building will not be able to meet Greenbelt planting strip requirements of US 31
Overlay
• No changes proposed to building at this time
• Variances will bring property into compliance
Department recommended approval.
Discussion:
• Pennsylvania Street will also lose some right-of-way during US 31 project
• Another property along Pennsylvania Street needed similar variances
Action: Mr. Hawkins APPROVED Docket Nos. 13080005 V through 13080007 V, for a
portion of the 30 feet Greenbelt along US 31 to be completely eliminated; two feet planting strip
along 116`h Street(10 feet required); and five feet planting strip along Pennsylvania Street(10
feet required).
Adjournment
The Hearing Officer adjourned the meeting at 6:00 p.m..
Approved this 7-S a y of Na•,i3Oli-/ 20 .
(2)---74---r-
earing Officer—James Hawkins Secretary—kvonngTingley
File: 8.26.2013 hearing officer.doc
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