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HomeMy WebLinkAboutMinutes BZA 06-22-98 CARMEL/CLAY BOARD OF ZONING APPEALS JUNE 22, 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: Dick Klar; Earlene Plavchak; James Quinn; and Charles Weinkauf. Stephen Engelking, Director; Terry Jones; and Mark Monroe were present representing the Department of Community Services. The minutes of the May meeting were approved as submitted. John Molitor reported that that suit brought against the Board of Zoning Appeals by Margaret Vanderfleet regarding the Carmel Soccer Field decision had been dropped due to the death of Mrs. Vanderfleet; her descendants did not wish to pursue the lawsuit. The case was dismissed without any cost. H. Public Hearing: lh. 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 that fronts 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. Jack Poland, 7811 Wedgefield Drive, Indianapolis, offsite property manager for Community Hospitals, appeared before the Board requesting an illuminated wall- mounted sign. The reason for the additional sign is to provide greater identification for patients approaching from the west and poor visibility of the low monument sign. The current monument sign has lettering 8 inches in height and due to the rolling nature of the property, the sign is not clearly visible. Steve McVicker of Signcraft displayed a site map of the area. Mr. Poland stated that the sign will be illuminated and it is a night-time issue for identification and safety reasons. The light will provide a sense of well-being and direction. The hours of operation at this particular location are mostly evening hours, 4 until 10 PM, except weekends when the facility is also open during the day. Medcheck has been in Carmel for ten years at a previous location and at the current location, even repeat patients report difficulty in locating the Medcheck facility. The s:BZA\minutes\bza1998jun 1 Medcheck facility offers an important service to the community, both citizens and business members. Medcheck is a not-for-profit facility and serves the health needs of the community. Medcheck provides walk-in care from common colds to chest pain and as such, does not take appointments that would allow an opportunity to give directions to the facility. The area is very dark; there are no street lights and signage is the only way the facility is marked. Members of the public were invited to speak in favor or opposition to the proposed signage; none appeared and the public hearing was closed. Mark Monroe reported that the Department recommends denial; the property has adequate ground signage that follows current ordinance requirements. Earlene Plavchak moved for the approval of V-8-98, Medcheck Sign. The vote was two in favor, two opposed, NO DECISION VOTE. The petitioner will return to the July meeting. Items 2h. and 3h. were heard together but voted on separately. 2h. Marsh Sign (V-26-98) Petitioner seeks approval of a developmental standards variance of Section 25.7.02-9©of the Carmel/Clay Zoning Ordinance to allow an increase in the size in the wall sign from 150 square feet to 222 square feet. The site is located at 2140 East 116th Street within the Merchants' Square Mall. The site is zoned B- 8/Business. Filed by Jim Nelson of Nelson and Frankenberger. 3h. First Merchants Bank Sign (V-27-98) 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 116th Street. The site is located at 2140 East 116th Street within the Merchants' Square Mall. The site is zoned B-8/Business. Filed by Jim Nelson of Nelson and Frankenberger. Jim Nelson, 3663 Brumley Way, Carmel appeared before the Board representing Marsh Supermarkets. Also in attendance was Lennie Hayes of Marsh Supermarkets. Marsh is the major tenant in Merchants' Square. Approval is being requested for two variances: one for the Marsh store to add the words "supermarket" and "pharmacy" to the existing sign; and secondly, to obtain a variance to permit a sign identifying a tenant within the Marsh store, specifically, First Merchants Bank. Currently, on the southwest corner of the building is a sign that identifies "Marsh" and is 150 square feet in size. The variance request is to permit an increase in the size of the sign by the addition of the words "supermarket" and "pharmacy" underneath the Marsh sign. It is the petitioner's belief that there are many first-time customers who do not readily associate Marsh with its major business purpose of being a supermarket; s:BZA\minutes\bza1998jun 2 therefore, it would be helpful to the general public if the word "supermarket" were included in the overall sign for identification. With respect to pharmacy, approximately one-third of the existing Marsh stores have a pharmacy within--the others do not. It is Marsh's opinion that it would be beneficial to the public to identify a pharmacy available within. The inclusion of the words "supermarket" and "pharmacy" expands the size of the sign making it 72 square feet larger than permitted under the ordinance. As an expression of the petitioner's willingness to work with the City and the Board, the petitioner commits that it will not request a sign on the west facia of the building. The store is located on a double frontage lot and is entitled to two signs; the petitioner is requesting only one sign on the south elevation. The second variance is for a banking facility within the supermarket. The petitioner is requesting signage identifying First Merchants Bank in the southeast corner of the building. The sign would be individually mounted, white internally illuminated letters with a small logo within the size requirement permitted under the ordinance. The reason for the variance is that there is no separate entrance into the building for the bank. Members of the public were invited to speak in favor or opposition to the two petitions; none appeared and the public hearing was closed. In response to questions from Earlene Plavchak, Lennie Hayes, vice president of real estate for Marsh Supermarket stated that he did not believe the words "supermarket" and "pharmacy" were an after-thought and that the Marsh name is paramount to the business. The building is large and sets far back from the street with 400 feet of frontage. There are a number of buildings in front of the Marsh building, and to make the letters small enough to stay within the footage requirement and place the words "supermarket" and "pharmacy" in addition to the word Marsh, the words would become very small and get lost. Earlene Plavechak also asked about the marquee sign currently under construction on Keystone and if it will also display the name "Marsh;" Lennie Hayes responded in the affirmative. Jim Quinn asked about a previously approved sign for the Kroger Store and the Fifth Third Bank within the Kroger Store. It was determined that Marsh is allowed one wall sign and one ground sign at the Street, but not allowed two of the same kind of sign on the same frontage. Mark Monroe reported that the Department is recommending denial of the Marsh sign because the building has adequate wall signage existing today and would be allowed an additional sign on AAA Way frontage to allow additional identification. In regard to the First Merchants Bank Sign, the Department is recommending approval. s:BZA\minutes\bza1998jun 3 Charles Weinkauf asked for a formal commitment from Jim Nelson that the petitioner is willing to forego any future petition requesting a variance for signage on the west facia of the building. Jim Nelson stated that subject to John Molitor's approval, the petitioner will file an amendment to its petition to reflect that within 5 days, the petitioner will file a written commitment, in recordable form, stating that he will not request signage in the future on the west facia of the building. The commitment would run from Marsh, or any successor in interest to Marsh who would choose to use the sign (or its brother or sister.) Earlene Plavchak moved for the approval of Docket No. V-26-98, as amended,Marsh Sign. The vote was 2 in favor, James Quinn and Earlene Plavchak opposed, NO DECISION VOTE. The petitioner will return to the July meeting. Dick Klar moved for the approval of Docket No. V-27-98, First Merchants Bank Sign. APPROVED 4-0. 4h. Batteries Plus Sign (V-28-98) Petitioner seeks approval of a developmental standards variance of Section 25.7.02-8(b) of the Carmel/Clay Zoning Ordinance to allow an additional wall sign fronting on Westfield Boulevard. The site is located at the southeast corner of Westfield Boulevard and East 116th Street. The site is zoned B-3/Business. Filed by Warren Johnson of Citgo. 5h. Citgo Signs (V-29-98) Petitioner seeks approval of a developmental standards variance of Section 25.7.02-8(b) of the Carmel/Clay Zoning Ordinance to allow additional canopy signage. The site is located at the southeast corner of Westfield Boulevard and East 116th Street. The site is zoned B-3/Business. Filed by Warren Johnson of Citgo. Items 4h. and 5h. were TABLED until the July meeting due to improper notice. 6h. Donikian Pond (SU-30-98) Petitioner seeks special use approval to construct a pond. The site is located at 13500 Six Points Road. The site is zoned S-1/Residence. Filed by Stan Neal of Weihe Engineers. Stan Neal of Weihe Engineers, 10505 N. College Avenue, Indianapolis, appeared before the Board representing Mr. & Mrs. Donikian. Also in attendance was Mrs. Jeanine Weaver. Approval is being requested to construct a pond on a 14 acre home site located at 13500 Six Points Road in Western Clay Township. The pond will be used primarily for recreation and a wetlands will also be constructed. The pond was designed by Ron Dixon. s:BZA\minutes\bza1998jun 4 Members of the public were invited to speak in favor or opposition to the petition; none appeared and the public hearing was closed. In response to Jim Quinn's questions, Stan Neal stated that the pond will be strictly recreational and an aesthetic addition to the property; there are no problems with the drainage system. Mark Monroe reported no outstanding TAC concerns as of this date and the Department is recommending approval. Dick Klar moved for the approval of Donikian Pond (SU-30-98). APPROVED 4-0. Note: Items 7h. and 8h. were heard together but voted on separately. 7h. Laurel Lakes Subdivision Recreation Facility (SU-31-98) Petitioner seeks special use approval to construct a bathhouse and pool within the Laurel Lakes Subdivision. The site is located at 2401 Winfield Drive. The site is zoned S-1/Residence. Filed by Stan Neal of Weihe Engineers. 8h. Laurel Lakes Subdivision Recreation Facility (V-32-98) Petitioner seeks a developmental standards variance of Section 5.4.6 of the Carmel/Clay Zoning Ordinance to reduce the required lot width from 200 feet to 112 feet. The site is located at 2401 Winfield Drive. The site is zoned S- 1/Residence. Filed by Stan Neal of Weihe Engineers. Stan Neal of Weihe Engineers, 10505 N. College Avenue, Indianapolis, appeared before the Board requesting approval for the construction of a bathhouse, pool area and small parking area within the Laurel Lakes Subdivision on Lot 1. Laurel Lakes is located in western Clay Township, on the west side of Towne Road, south of 126th Street. The recreational facility will be located at the southeast corner of the subdivision. An architect's rendering of the pool and bathhouse was displayed on the overhead. The exterior will be split-face block around the bottom with brick veneer up to the roof line; fiberglass shingles on the roof. The developmental standards variance if for a reduction in lot width from 200 feet required in the Ordinance to 112 feet. In response to questions from Jim Quinn, Mark Monroe stated that when the Subdivision was platted, there was no indication on the primary plat where the recreational facility might be placed--recreational facilities have a greater lot width requirement than a typical S-1 lot. s:BZA\minutes\bza1998jun 5 Stan Neal reported that there are 90 lots in the Subdivision; the pool size is 20X40. There is a total of 7 parking spaces including one handicap space; the lots in the subdivision number 90. Charles Weinkauf commented that the recreational facility is located at the far end of the subdivision and the parking is woefully inadequate. Mark Monroe reported that the number of parking spaces provided meets the minimum requirements; based on a facility of this size, the minimum parking spaces required is 5. Normally, in a residential area such as this, the Department likes to encourage as little parking as needed to encourage people to walk, ride bikes, etc. Members of the public were invited to speak in favor or opposition to the petitions; no one appeared and the public hearing was closed. Jim Quinn commented that there was a deficiency in the Ordinance in that the requirement for parking spaces is not related to the number of houses in the subdivision but rather the size of the pool house, not the pool. Mark Monroe concurred; the ordinance requires one parking space for every two hundred square feet of indoor space which would include the area of the bathhouse and one parking space for every 2,000 square feet of outdoor pool area in addition to the bathhouse. Jim Quinn suggested that the Board of Zoning Appeals recommend to the City Council and Plan Commission that the Ordinance be amended to correlate the size of the pools, pool houses, and parking lots to the number of lots within the subdivision. Mark Monroe reported that the Department is recommending approval. Dick Klar moved for the approval of SU31-98, Laurel Lakes Subdivision Recreation Facility. APPROVED 4-0. Mark Monroe reported that the Department is recommending approval of the Variance to reduce the lot width. Dick Klar moved for the approval of Docket No. V-32-98, Laurel Lakes Subdivision Recreation Facility. APPROVED 4-0. 9h. Faith Apostolic Church (SU-33-98) Petitioner seeks special use approval to construct a parsonage for the existing church. The site is located at 1212 East 116th Street. The site is zoned R- I/Residence. Filed by Pastor Matthew Ball of Faith Apostolic Church. Matthew Ball, Pastor of Faith Apostolic Church, 1212 East 116th Street, Carmel appeared before the Board requesting approval to construct a parsonage for the existing church. The adjacent property owners have been notified and the public notice requirement has been met. s:BZA\minutes\bza1998jun 6 An aerial view of the property was displayed on the overhead. The special use is to allow the parsonage to be built on lot 3--the primary church building currently exists on lot 3. There are no neighbors within 500 feet of the proposed parsonage, and the parsonage will be in a densely wooded area. Members of the public were invited to speak in favor or opposition to the proposed construction; none appeared and the public hearing was closed. Mark Monroe reported that the Department is recommending approval; there are no outstanding TAC concerns. Dick Klar moved for the approval of SU-33-98, Faith Apostolic Church Parsonage. APPROVED 4-0. There was open discussion at the conclusion of the Agenda items concerning deficiencies in the existing Ordinances, be it sign requirements or required parking spaces in relation to pool and bathhouse facilities. The feasibility of a method or process to bring the deficiencies before the Plan Commission and City Council was discussed. It seems as though the pools and parking facilities have become grossly inadequate in terms of size. Perhaps some recommendations can be made and this will be looked into. There being no further business to come before the Board, the meeting was adjourned at 9:20 PM. Charles W. Weinkauf, President Ramona Hancock, Secretary s:BZA\minutes\bza1998jun 7