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HomeMy WebLinkAboutMinutes BZA 02-23-98 CARMEL/CLAY BOARD OF ZONING APPEALS FEBRUARY 23, 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 City Court Room, One Civic Square, Carmel, Indiana. Members present were: Dick Klar; Earlene Plavchak; James Quinn; and Charles Weinkauf. Director Steve Engelking and Mark Monroe were in attendance representing the Department of Community Services. John Molitor, Counsel, was also present. The minutes of the January meeting were approved as submitted. Legal Counsel Report: John Molitor reported that the Indiana Legislature has passed a law concerning non- conforming agricultural uses of land. In the Carmel/Clay jurisdiction, the law does not have any effect, since Carmel does authorize agricultural uses in all zoning districts; however, it does protect the rights of property owners that are continuing to use their land three out of five years for agricultural purposes. Reports, Announcements and Staff Concerns: Mark Monroe announced that a Plan Commission training session has been scheduled on Saturday, March 28th and it will include information for Board of Zoning Appeals members; City Council members and Township Trustee and Board members will also be invited to attend. The session will begin approximately 8:30 AM. Also, Docket No. V-85-97, Prairie View Clubhouse, has been officially withdrawn by the petitioner and will not be heard this evening. H. Public Hearing: lh. Ameritech Signs (V-4-98) Petitioner seeks approval of a developmental standards variance of Section 25.7.02-9 of the Carmel/Clay Zoning Ordinance to increase the allowable size of signage from 40 square feet to 78 square feet and from 50 square feet to 78 square feet, respectively. The site is located northwest of the intersection of 116th Street and Keystone Avenue within the Merchant's Square Complex. The site is zoned B-8/Business. Filed by Beverly Miller of Signs by Design. z:\minutes\bzal998feb 1 Beverly Miller of Signs by Design, 5008 West 96th Street, Indianapolis 46268 appeared before the Board representing Ameritech. Approval is being requested for a Variance to allow additional square footage on two elevations for signage, south and east. The current Sign Ordinance allows 40 square feet on the east elevation (parking lot side) and the south elevation which faces 116th Street. Ameritech feels that increased signage is needed to allow the Ameritech sign to be seen by passing motorists. At the present time, Ameritech does not feel that it is clearly discernable as a communication center where all types of products are sold and not merely a bill collection point. Ameritech also feels that the only way a consumer knows of their presence is if they have had an occasion to visit the site previously, or if they have heard of this business from a newspaper ad or referral. Thirdly, Ameritech is on a corner lot of the center and because of the angle of the parking lot, is not clearly visible from either 116th Street or Keystone Avenue. Without the larger signs for clear identification, Ameritech feels it will lose potential customers and revenue, and eventually the loss of a good business. The letters are five inch depth aluminum affixed to the brick with invisible mounting brackets. The entire sign, including the "Ameritech" measures three feet, four inches tall and includes the red orbit that goes around the letters. The overall length is 23 feet, 4 inches or approximately 78 square feet. The face colors are white. Ameritech feels that their direct success in this particular location depends on being allowed to install additional square footage of signage on both elevations. Ameritech is not new to the community but is new to this particular location. Members of the public were invited to speak in favor or opposition to the petition; none appeared and the public hearing was closed. Earlene Plavchak asked if Ameritech will have a place on the large street sign on Keystone Avenue that was approved by the Board last year; Ms. Miller stated that she was not aware of any additional signage--it had not been mentioned. In order for the sign to be in conformance, the words "Communication Center" would have to be eliminated. In response to questions from Dick Klar, Ms. Miller stated that this location sells pagers, cell phones, etc. but is not a telephone business office. Mark Monroe commented that one side is allowed 40 square feet, the other side is allowed 50 square feet; the petitioner is proposing 78 square feet. Dick Klar commented that a larger sign would not be visible from 116th Street or Keystone because of the location of this particular site in relation to the two streets. z:\minutes\bzal998feb 2 Ms. Miller thought that the proposed sign with the words "communication center" could be seen from 116th Street and from Keystone Avenue. Ms. Miller did think that the word "Ameritech" was not clearly visible. Mr. Quinn commented that he supports the sign ordinance and thought the proposed sign was not appropriate. A 40%increase in the size of the sign is not seen as a benefit to the community. Ms. Miller offered to amend the petitioner's request to allow 78 square feet on the south elevation, and drop the request for additional square footage for the east elevation. Dick Klar moved for the approval of the amended petition for V-4-98 to allow a 78 square foot sign on the south elevation of the Ameritech site. MOTION DENIED 1 in favor, Dick Klar, Earlene Plavchak, and James Quinn opposed. NOTE: Items 2h. and 3h. were heard together. 2h. Klain Office (UV-5-98) Petitioner seeks use variance approval to convert an existing house into an office. The site is located southeast of the new Clay Township Government Center on 107th Street (715 East 107th Street.) The site is zoned R-3/Residence. Filed by David Klain. 3h. Klain Office (V-10-98) Petitioner seeks a developmental standards variance of Section 27.3.2 of the Carmel/Clay Zoning Ordinance to construct a parking lot without curbs. The site is located southeast of the new Clay Township Government Center on 107th Street (715 East 107th Street.) The site is zoned R-3/Residence. Filed by David Klain. David Klain, 12598 Pembroke Circle, Carmel, appeared before the Board as petitioner. The petitioner is requesting approval to convert an existing house into office space for a construction company that builds custom built homes. The existing driveway will be paved, and the elimination of curbs will preserve the residential character of the area. An existing, two car, detached garage will be used for storage. Members of the public were asked to speak in favor or opposition to the proposed variances; none appeared and the public hearing was closed. Mark Monroe reported that the Department is recommending approval with two conditions: 1) Any outside storage of materials and/or equipment be fairly limited and that most materials be located either in the existing garage on site and/or screened behind some type of fence; and 2) Limit future use of the property to general office use only and not retail. It is recommended that these conditions be put in writing and made suitable for recording. z:\minutes\bzal998feb 3 The proposed identification sign is 10 square feet. James Quinn moved for the approval of UV-5-98 and V-10-98,Klain Office, seconded by Dick Klar. After discussion on the motion, Dick Klar withdrew his second. James Quinn amended his motion for approval to provide for the two conditions as previously stated, seconded by Dick Klar. APPROVED 4-0. 4h. Parkwood Crossing Office Complex, Building 5 (V-6-98) Petitioner seeks a developmental standards variance of Section 17.4.2 of the Carmel/Clay Zoning Ordinance to decrease the minimum front yard setback from 60 feet to 56 feet. The site is located at the northwest corner of 96th Street and College Avenue. The site is zoned B-6/Business. Filed by Craig Flandermeyer of Duke Construction. Philip Nicely, attorney for Duke Construction, 8888 Keystone Crossing, Indianapolis appeared before the Board representing the applicant. Bob Falk, director of development for Duke Realty, was also present. The subject property is located at the northwest corner of 96th Street and College Avenue. Approval is being requested to decrease the minimum front yard setback from 60 feet to 56 feet on three stories of the building, floors 3, 4 and 5, that overhang by four feet. According to Mr. Nicely, the slight overhang does not have any adverse effect on the health, safety, or welfare of the community and probably will not even be noticed by persons driving by. Mr. Nicely reported that the Plan Commission had looked at the development in regard to Architectural Design, Lighting, Landscaping, and Signage, and expressed no particular concern. Also, Carol Marlin, a neighbor to the south, had no problem with the proposed variance. Members of the public were invited to speak in favor of the proposed development; the following appeared: George Haerle, 502 Braeside Drive North, Marion County, Land Use Chairman of the Nora Community Council, appeared before the Board and stated that the Nora Community Council had voted unanimously to take the position of"no objection" to the proposed variances (V-6-98 and V-7-98). Members of the public were invited to speak in opposition to the proposed variances; none appeared and the public hearing was closed. Mark Monroe reported that the Department of Community Services is recommending approval of the proposed variance. In response to questions from Jim Quinn, Bob Falk of Duke Realty explained the location of the elevators and restrooms which are in the center of the building or the "core" area; z:\minutes\bzal998feb 4 the additional four feet then becomes important in laying out the modules because of the core location. Because of the aesthetics of the building, the petitioner is willing to make floors 1 and 2 effectively less efficient. Dick Klar moved for the approval of Docket V-6-98, Parkwood Crossing Office Complex, Building 5, seconded by Earlene Plavchak. APPROVED 4-0. 5h. Parkwood Crossing Office Complex (V-7-98) Petitioner seeks a developmental standards variance of Sections 17.4.2, 17.4.3, 17.4.4, and 17.4.5 of the Carmel/Clay Zoning Ordinance to eliminate the required building setback requirements internal to the site. The site is located at the northwest corner of 96th Street and College Avenue. The site is zoned B- 6/Business. Filed by Craig Flandermeyer of Duke Construction. Philip Nicely, attorney, 8888 Keystone Crossing, Indianapolis appeared before the Board representing the applicant, Duke Construction. Mr. Nicely stated that at the time the ground was acquired by Duke for the Parkwood development, it was rezoned to a B-6 classification in anticipation of the development of the entire office park and considered it as one lot for the purposes of setback. The property has frontage on 96th Street and on College Avenue; all internal streets within the development are private streets. The Indiana Insurance Building is the only property within the development that is not owned by Duke Realty at this time. There was a question of a 60 foot setback on those buildings constructed adjacent to the Indiana Insurance property line; the petitioner does not believe that the ordinance requires the 60 foot setback on the buildings, but rather that the ordinance requires the lot, for setback purposes, to be the entire development. In order to avoid future problems, the petitioner felt that it was wise to request a variance of the possible internal setback. The question was again raised at the Technical Advisory Committee meeting. The setback relates to buildings and not to parking, so that parking could be up to the property line. Mr. Nicely commented that the variance would not have any effect on the public safety and welfare of the community or the use value of any of the other property. The variance would allow the petitioner future effective use and development financing of the property. The variance does not change anything in respect to how the property is developed; it does, however, prevent potential delays and problems in the future. Members of the public were invited to speak in favor of the proposed variance; the following appeared: George Haerle, 502 Braeside Drive, Indianapolis, appeared before the Commission and reported that the Nora Community Council Board met on February 5, 1998 and took a position of no objection to the proposed development, subject to a commitment from the petitioner that they would inform not only the near neighbors two properties deep, but z:\minutes\bzal998feb 5 also the Nora Northside Community Council and the adjacent neighborhood association of any ADLS hearings to come before the Commission. Members of the public were invited to speak in opposition to the proposed development; none appeared and the public hearing was closed. Mark Monroe reported that the Department felt that there are other necessary zoning controls in place which will essentially control where buildings are placed on this site, such as square footage limitation filed with the original rezone and parking ratio requirements. Based on the controls, the Department is recommending approval. John Molitor reported that he agreed with the petitioner's interpretation of the ordinance regarding the setbacks; however, there is no guarantee that the interpretation will always be that way. James Quinn moved for the approval of V-7-98, Parkwood Crossing Office Complex, conditioned upon the setback lines on future buildings developed within Parkwood Crosing be approved at the discretion of the Department of Community Services, seconded by Earlene Plavchak. APPROVED 4-0. 6h. Cooksey Home Occupation (V-11-98) Petitioner seeks a developmental standards variance of Section 3.0 of the Carmel/Clay Zoning Ordinance to allow one outside employee who is not part of the immediate family to work for the home occupation business. The site is located at 301 Heather Drive within the Carmeltowne Condominium Complex. The site is zoned R-4/Residence. Filed by Sally Cooksey of Cooksey and Associates. Sally Cooksey, 301 Heather Drive, Carmel, appeared before the Board and explained the nature of her business as a corporate event and meeting planning service. There is one employee who is not a member of Ms. Cooksey's immediate family. In terms of traffic, there is really no traffic issue. Most of the clients do not come to Ms. Cooksey's office, but rather Ms. Cooksey meets with the clients at their corporate office. Also, vendors do not come to Ms. Cooksey's office because the planned event happens offsite; any deliveries would be minimal, certainly no more than 5 times per month. Ms. Cooksey stated that her neighbors have verbalized no problems or concerns to date. Several of Ms. Cooksey's neighbors were in attendance in support of Ms. Cooksey's position. Members of the public were invited to speak in favor of the petition; a number of persons raised their hand and collectively voiced support for the petition. Members of the public were invited to speak in opposition to the petition; none appeared and the public hearing was closed. Mark Monroe reported for the Department that the petition comes before the Board due to a neighborhood complaint--not from an adjoining property but a concerned resident of z:\minutes\bzal998feb 6 the Carmel Towne condominium complex. The Department is recommending approval conditioned upon the home occupation business with one outside employee will apply to this particular petitioner/property owner. If Ms. Cooksey were to sell the property, no other business or future home occupation employing other than immediate family (one person) could operate from this location without a variance from the Board. Dick Klar moved for the approval of V-11-98, Cooksey Home Occupation, conditioned upon the use being exclusive to Ms. Cooksey only and not with the property, seconded by Earlene Plavchak. APPROVED 4-0. 7h. Sherrill Garage (V-13-98) Petitioner seeks a developmental standards variance of Section 8.4.2 of the Carmel/Clay Zoning Ordinance to decrease the minimum front yard requirement from 35 feet to 23 feet. The site is located at 149 Lantern Lane within the Johnson Addition Subdivision. The site is zoned R-2/Residence. Filed by Jim Sherrill. Jim Sherrill, 149 Lantern Lane, Carmel appeared before the Board requesting permission to decrease the minimum front yard requirement in order to construct an additional garage at his place of residence. Mr. Sherrill submitted photographs of his home and the adjoining properties. Mr. Sherrill is proposing to use the garage for additional storage and not for the operation of a business. The proposed garage will match the existing facade of the home and will be setback 26 feet. Members of the public were invited to speak in favor of the petition; the following appeared: Paul Ewing, 142 Lantern Lane, neighbor of Mr. Sherrill's, spoke in support of Mr. Sherrill's request. Mr. Ewing stated that Mr. Sherrill is a good neighbor and takes care of his property. Mr. Ewing lives across the street from Mr. Sherrill. Members of the public were invited to speak in opposition to the petition; none appeared and the public hearing was closed. Mark Monroe asked for clarification of the setback which was said to be 26 feet in Mr. Sherrill's presentation and stated as 23 feet in the variance request. For the record, the request was verified as being 23 feet rather than 26 feet. The required front yard setback for this particular subdivision was originally set at less which would be more restrictive that the ordinance actually requires today. The recorded plat required a front yard setback of 30 feet; today's standards require a 35 foot setback. In effect, the petitioner is requesting a reduction in the setback from 30 feet to 23 1/2 feet. The Department has a positive recommendation. Dick Klar moved for the approval of V-13-98, Sherrill Garage, seconded by Earlene Plavchak APPROVED 4-0. z:\minutes\bzal998feb 7 8h. Thorne Duplex (UV-14-98) Petitioner seeks use variance approval to allow a two-family dwelling in an R- 2/Residence zoning district. The site is located at 216 A&B Walter Court within the Walter's Plaza Subdivision. The site is zoned R-2/Residence. Filed by Mark Thorne of Thorne Construction. Mark Thorne, 10738 Park Avenue, Indianapolis 46280 (Home Place) appeared before the Board requesting a variance to allow a two-family dwelling in an R-2/Residence zoning district. Walter's Plaza is located at the corner of Range Line Road and Highway 31. Walter's Plaza is a mixture of multi-family, duplexes, four-plexes, and single family with a potential business district as well. Mark Thorne stated that he had originally purchased Lot 13 in April, 1996 and on October 23rd, 1996, was issued a sewer permit No. 1882.96; five days later on October 28, 1996, a building permit No. 1251.96 was issued for a duplex. Approximately one year elapsed and an extension was granted by Terry Jones to commence construction on the duplex. On December 17, the footer was dug and inspection made; on December 18th the concrete was poured; the block was delivered and began to be laid on December 19; on December 22nd, the under-slab plumbing was begun. On January 5th, two separate sewer lines were installed to the main line; on January 6th, the copper water lines were installed; on January 13th, the City of Carmel telephoned to suggest that a use variance be obtained. At that point, construction ceased immediately. Mr. Thorne described the type of materials used in the construction, i.e. windows, siding, shingles, etc., and showed an example of the brick to be used. Mr. Thorne felt that this particular building upon completion would appraise for $255,000.00 in Walter's Plaza. Mr. Thorne displayed photographs of the surrounding buildings and building sites, and stated that he had built three homes in Walter's Plaza thus far. In 1997, sales in the Stonehedge Subdivision totaled 28 homes; average selling price was $118,519. High selling price was $142,000. (less than the cost of homes Mark Thorne built in Walter's Plaza); the low selling price was $99,900. The proposed value of the duplex to be constructed will be $255,000. Mr. Thorne referred to letters submitted from adjacent and abutting property owners of duplexes he built in the Home Place area. Members of the public were invited to speak in favor of the petition; none appeared. Members of the public were invited to speak in opposition to the petition, the following appeared: Mike Taylor, 6909 Copper Mountain Court, Lawrence, Indiana, appeared before the Board and stated that he owns the four-plex at 211 Walter Drive, immediately adjacent to the proposed development. Mr. Taylor took issue with the construction and thought the z:\minutes\bzal998feb 8 foundation was excavated within five feet of where he thought the property line is and is too close to his property. Furthermore, when the property was rough-graded, an Oak tree was destroyed in the process; attempts were made to save the tree at considerable expense. Mr. Taylor questioned whether or not Lot 13 would currently support a duplex because the position of the creek limits the lot size and access becomes an issue; the sub- contractors are using Mr. Taylor's driveway and front yard to get on and off Lot 13. Mr. Weinkauf stated that the Board's role was not as a peacemaker between property owners but is charged with determining whether or not a use variance will be allowed or approved for a two family dwelling on property that is zoned single family. Jim Quinn stated that the minimum side yard in R-2/Residence is 5 feet. Mark Monroe commented that the question before the Board is solely whether or not this lot should be developed as a duplex. The same construction limitations would likely apply if it were a single family dwelling because of the same setback requirements. Mr. Thorne stated that he was not aware of any damage other than one instance with a backhoe, but did say that he was completely responsible. Mr. Thorne was willing to discuss damage to the Oak tree with Mr. Taylor and wanted to be a "good neighbor." Earlene Plavchek moved to approve Docket No. UV-14-98, Thorne Duplex, seconded by Dick Klar. APPROVED 4-0. There being no further business to come before the Board, the meeting was adjourned at 9:10 PM. Charles W. Weinkauf, President Ramona Hancock, Secretary z:\minutes\bzal998feb 9