HomeMy WebLinkAboutMinutes BZA 08-24-98 CARMEL/CLAY BOARD OF ZONING APPEALS
AUGUST 24, 1998
The regularly scheduled meeting of the Carmel/Clay Board of Zoning Appeals was called
to order by the president at approximately 7:00 PM in the Council Chambers of City Hall,
Carmel, Indiana.
Members present were: Jay Dorman; Dick Klar; Earlene Plavchak; James Quinn; and
Charles Weinkau£
Director Steve Engelking, Terry Jones and Mark Monroe were present representing the
Department of Community Services. John Molitor, Counsel, was also present.
The minutes of the July meeting were approved as submitted.
F. Communications:
Charles Weinkauf reported that the Department had drafted a letter to the
president of the City Council requesting that the Council formally consider reviewing and
amending the Zoning Ordinance regarding allowable number and size of signs. The
Board does not believe it is the proper venue to decide policy on planning and zoning
issues, including variance requests dealing with signs. The Department also drafted a
letter from the Board to Jay Dorman, Chairperson of the Residential Open Space Task
Force, requesting that the Task Force formally consider including minimum development
standards for neighborhood recreational facilities and forward their recommendation on
these standards to the Plan Commission and City Council.
H. Public Hearing:
lh. Brookshire Golf Course Signs (V-34-98)
Petitioner seeks approval of a developmental standards variance of 25.7.02-6 of
the Carmel/Clay Zoning Ordinance to allow the additional ground signs fronting
on 116th Street. The site is located at the northwest corner of Gray Road and East
116th Street, the site is zoned R-1/Residence.
Filed by Tom Marian of Bingham Summers Welsh and Spilman.
Tom Marian of Bingham Summers Welsh and Spilman appeared before the Board
representing A-Z Golf Club, d/b/a Brookshire Golf Club. Kim Rademacher, head pro
and general manager of Brookshire Golf Club was also in attendance. The ordinance
currently allows one sign per entrance for a recreational use facility. The petitioner is
requesting approval to construct two signs, one at the corner of 116th Street and Gray
Road, the other approximately one-quarter mile west of the intersection along 116th
Street. The sign at the corner of 116th and Gray Road will be approximately 6 feet tall, 8
feet wide; the second sign would be no larger than 4 feet square.
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Aside from the variances, the signs will conform in all respects to the Carmel Municipal
Code. The petitioner commits to a tastefully decorated sign, landscaped appropriate to
the surroundings. It is the petitioner's position that the surrounding property will be
enhanced and people will be less likely to get lost in the immediate neighborhood looking
for the golf course.
Not allowing the variance will create practical difficulties. Allowing the signs allows the
petitioner to identify his property and direct visitors to its entrance. Brookshire is
committed to work with the City to landscape the intersection and make it as attractive as
possible where the signs will be installed, and to make sure that the signs are not a safety
hazard and not in the right-of-way.
The petitioner feels that the current signage is not adequate. Brookshire Golf Course
consists of approximately 125 acres and has at least 1,000 frontage feet along 116th Street
and Gray Road with no sign. Brookshire Golf Course has been very involved in the
community and worked with the schools and the Chamber of Commerce.
Members of the public were invited to speak in favor or opposition to the proposed signs;
none appeared and the public hearing was closed.
Jim Quinn asked if the petitioner had explored the possibility of a road sign installed by
the highway department and paid for by the golf course.
Mark Monroe responded that that alternative had not been explored, but it might be a
viable course of action.
Mr. Weinkauf commented that the proposed signage plan with the landscaping was
preferable to just another street sign.
Kim Rademacher, resident of Fishers, general manager and head pro of Brookshire Golf
Club for 12 years, stated that the Golf Club has been in existence for approximately 28
years. The Club was recently purchased and the previous owners did not want to spend
the money to go through the process to install additional signs. The entrance to the golf
course is on an interior street in a subdivision and difficult for the general public to find.
Earlene Plavchak was understanding of the sign at the intersection of 116th and Gray
Road, but questioned the necessity of the second sign west of the intersection. Mr.
Rademacher responded that the 4 foot sign stating "Brookshire Golf Course" will be
visible so that by the time the public approaches the intersection, the sign will identify the
course.
Mark Monroe reported that the Department is recommending denial based upon the
current ordinance requirements.
Earlene Plavchak moved for the approval of V-34-98, Brookshire Golf Course Signs.
APPROVED 4 in favor, Jim Quinn opposed.
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2h. Finance Center Federal Credit Union (V-35-98)
Petitioner seeks approval of a developmental standards variance of Section 30.5.5
of the Carmel/Clay Zoning Ordinance to extend the approval time by one year.
The site is located on the north side of East 96�h Street, a 1/4 mile west of
Keystone Avenue. The site is zoned S-2/Residence.
Filed by Charles Frankenberger of Nelson and Frankenberger.
Charlie Frankenberger, 3021 East 98�h Street, Indianapolis appeared before the Board
representing the petitioner. Approval is being requested for a developmental standards
variance that extends the time for commencement of construction by one year under a
previously granted use variance.
The credit union was approved for a use variance in May, 1997. The variance was
unanimously granted and the request was supported by the neighbors. In February, 1998,
the Supreme Court entered a ruling that was detrimental to Federal Credit Unions by
restricting their ability to bring in new employee groups; this ruling abruptly halted the
Credit Union's plans. Legislation was passed providing some relief to Federal Credit
Unions, however, it is not self-implementing and the target date for final rules is 4 to 6
months. On April 30, the Credit Union obtained an extension until November 27, 1998
but with the uncertain time factor, the Credit Union is requesting an extension until
November 27, 1999.
All previous commitments will remain in place; these have been recorded. Since the
granting of the use variance, nothing has changed with respect to the real estate. The
petitioner has contacted a neighbor, Mr. & Mrs. Kassenbaum, and she is supportive of the
variance but could not be present this evening.
Members of the public were invited to speak in favor or opposition to the extension; none
appeared and the public hearing was closed.
In response to Jim Quinn's questions regarding commitments, Mr. Frankenberger stated
that there are three commitments as follows: 1) installation of sidewalks; 2) dedication of
land to the highway department; and 3) installation of a green belt buffer. The
commitments were written, signed, and recorded.
Mark Monroe reported that that Department is recommending approval.
Dick Klar moved for the approval of V-35-98, Finance Center Federal Credit Union.
APPROVED 5-0.
3h. Allstate Office Building (UV-36-98)
Petitioner seeks approval of a use variance to allow an office use within a
residential zoning district. The site is located at 10640 North College Avenue.
The site is zoned R-3/Residence.
Filed by Kay Brunson of Allstate.
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Kumiko "Kay" Brunson of Allstate appeared before the Board seeking a use variance for
property located at 10640 North College Avenue for general office use, more particularly,
Allstate Insurance Agency, Real Estate and Investments. The property has been used
over the last 10 years as a warehouse and workshop next to INDY RC Sales. All adjacent
and adjoining property owners have been notified and all are favorable to the office use.
The petitioner stated that she is submitted to improving the property and maintaining an
attractive appearance. A landscape plan has been submitted. Comment letters have been
received from the Sheriffs Dept., Fire Dept., and the Hamilton County Surveyor's Office.
It is the petitioner's firm belief that the best use of the property is for a professional office
building.
Members of the public were invited to speak in favor or opposition to the proposed use
variance; none appeared and the public hearing was closed.
Jim Quinn commented that this particular property should be rezoned rather than a use
variance granted and it should go to the Council.
Mark Monroe reported that at the time the Department Report was released, there were
two outstanding issues: the long term use of the property, and the drainage plan in
conjunction with the paving of the parking lot. The Department recommended to the
petitioner that they commit to allowing only general office uses on the property that
would transfer to all subsequent owners; this the petitioner has done. The drainage plan
is approximately 95% addressed. The County would like an opportunity to review the
final site plan that was distributed. The Department is recommending approval subject to
the commitment of allowing only general office uses and contingent upon appropriate
County agencies approving the drainage plan.
Jay Dorman moved for the approval of UV-36-98,Allstate Office Building, upon
conditions as stated. (general office uses only and approval of the drainage plan.)
APPROVED 4 in favor, Jim Quinn opposed.
Old Business:
li. Medcheck Sign (V-8-98)
Petitioner seeks approval of a developmental standards variance of Section
25.7.02-9(b) of the Carmel/Clay Zoning Ordinance to allow an additional wall
sign fronting on Old Meridian Street. The site is located at 1200 West Carmel
Drive within the Carmel Science and Technology Park(Shepherd Insurance
Building). The site is zoned M-3/1\4anufacturing.
Filed by Steve McVicker of Signcraft.
Susie Abel, 7915 Bentwillow Drive, Indianapolis, 46239, appeared before the Board
representing Community Hospitals of Indianapolis. The petitioner is requesting a
variance for an illuminated building sign for Medcheck Carmel located at 1200 West
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Carmel Drive. Also in attendance was Steve McVicker of Signcraft. The proposed sign
will be individual letters spelling out "Medcheck" in larger letters and the name of the
hospital and logo will be in smaller print above the sign. The sign will be mounted on the
west elevation of the building so that it can be readily visible from the intersection of Old
Meridian and Carmel Drive.
Medcheck Carmel occupies 4,101 square feet of space at its current location in the
Shepherd Insurance building on a 1.89 acre parcel of land. The hours of operation are
from 4:00 PM to 10:00 PM. There are no street lights and the only lights are from the
parking lot.
At the time this particular site was selected, the petitioner was told that the ground sign
should be sufficient; however, since the petitioner is noted for its patient focus medicine,
and feedback from the patients states that visitors to the facility have a difficult time in
finding the location. The petitioner believes that an additional building sign would be
appropriate.
Members of the public were invited to speak in favor or opposition to the petition; none
appeared and the public hearing was closed.
There were comments from the Board as to the visibility of the proposed sign. Jim Quinn
requested that the Board write a letter to the City Council clearly outlining the
deficiencies in the existing Carmel Sign Ordinance. At the time the Sign Ordinance was
approved, Mr. Quinn thought these types of facilities did not exist and it is now the
Board's responsibility to inform the Council of this particular issue.
Jay Dorman asked about hours of operation and whether or not any approval could be
tied in with the hours of business only.
Mark Monroe reported on a similar variance on Chase Court.
Ms. Abel reported that the petitioner is not trying to advertise, they are only seeking
identification to help patient's locate the facility, Medcheck is a "not-for-profit" facility.
The petitioner was given an opportunity to amend their petition.
Mark Monroe reported that the Department has remained consistent over the past four
months in recommending denial of the request. The Department would recommend that
if the Board is considering an on/off switch on the sign, the petitioner should submit that
commitment in written form and have it recorded.
Jay Dorman asked if the Board should ask the City Council to provide a
recommendation that might affect future variance requests along Carmel Drive.
Mark Monroe responded that many of the variance requests are site specific. Carmel
Drive is a main aesthetic corridor in Carmel between U.S. 31 and Keystone. The
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Department feels that there is adequate signage, not because it is a personal opinion, but
that is what the ordinance allows. The sign is visible from the intersection of Old
Meridian and Carmel Drive.
Earlene Plavchak asked about the duration of the lease and if the variance were allowed,
if it would be for this tenant only. Ms. Abel stated that Medcheck has a five year lease on
the premises (or maybe 10 years). The variance would apply only to the Medcheck
facility.
Jay Dorman moved for the approval of V-8-98, Medcheck Sign, with the following
stipulations: If granted, the variance would apply only to the Medcheck tenant; also, the
petitioner will provide a written document stating that the illumination of the requested
sign will only be from the hours of operation. DENIED 2 in favor, Jim Quinn, Dick
Klar, and Jay Dorman opposed.
There being no further business to come before the Board, the meeting was adjourned at
8:45 PM.
Charles W. Weinkauf, President
Ramona Hancock, Secretary
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