HomeMy WebLinkAboutMinutes BZA 03-23-98 CARMEL/CLAY BOARD OF ZONING APPEALS
MARCH 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 Council Chambers of City Hall,
One Civic Square, Carmel, Indiana.
Members present were: Jay Dorman; Dick Klar; Earlene Plavchak; James Quinn; and
Charles Weinkauf.
Director Steve Engelking, Terry Jones, and Mark Monroe were in attendance
representing the Department of Community Services. John Molitor, Counsel, was also
present.
The minutes of the February meeting were approved as submitted.
John Molitor, Counsel, reported that a Bill had passed the current session of the General
Assembly affecting the zoning laws of the State and having to do with the preservation of
farmland. The text of the Bill stated that a non-conforming use that is not abandoned for
up to two years may be maintained by the owner of the property. The Bill has no effect
on the Plan Commission's jurisdiction because agricultural uses are allowed in all
districts.
Mark Monroe announced that due to the Memorial Day Holiday, the Board of Zoning
Appeals meeting scheduled for Monday, May 25th has been changed to Wednesday,
May 27th at 7:00 PM.
Mark Monroe also announced that the written Findings of Fact had been prepared for the
Ameritech variance that was denied at last month's meeting.
Jay Dorman, Dick Klar, and Chuck Weinkauf were sworn in for their respective terms .
The Oath of Office was administered by John Molitor.
Charles Weinkauf was elected president for the coming year by unanimous consent.
Dick Klar was elected vice president for the coming year by unanimous consent.
L Public Hearing:
li. Cray Porch (V-12-98)
Petitioner seeks approval of a developmental standards variance of Section 5.4.5 of the
Carmel/Clay Zoning Ordinance to decrease the minimum rear yard setback requirement
from 20 feet to 15 feet. The site is located at 11618 Rose Court within the Lake Forest
Subdivision. The site is zoned S-1/Residence.
Filed by Terry and Ann Cray.
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Terry Cray, 11618 Rose Court, Carmel appeared before the Board requesting a
developmental standards variance to decrease the minimum rear yard setback
requirement from 20 feet to 15 feet. In purchasing the home, the realtor assured the
Crays that a variance for the porch would not be a problem. The Crays purchased the
home subject to the condition of the addition of a porch. The Crays received approval of
the architectural committee of the Lake Forest Subdivision Association.
At the time of closing, it was noted that an easement appeared on the survey across the
patio. Again, the Crays were assured by the realtor and the loan officer that a variance
for the porch should not be a problem.
Mr. Cray stated that the proposed screened porch will add to the value of their home as
well as to the neighborhood, and approval has been given by each of their neighbors for
the screened porch.
Members of the public were invited to speak in favor or opposition to the variance; none
appeared and the public hearing was closed.
Jay Dorman asked about the dimensions of the porch; Mr. Cray stated that the existing
slab will be used and an additional foot as well. The Crays submitted a letter of approval
from the Lake Forest Subdivision Association.
Mark Monroe reported that the Department is recommending approval of the Variance.
It is noteworthy that the petitioner will also be appearing before the Plan Commission for
a replat of the lot in order to move a drainage and utility easement line which now
coincides with the rear yard setback of 20 feet.
Mr. Weinkauf clarified for the petitioner that a variance is not necessarily a "given" and
that his realtor mis-spoke.
Jim Quinn moved for the approval of Docket No. V-12-98, filed by Terry and Ann
Cray. APPROVED 5-0.
2i. Bowman Residence (V-15-98)
Petitioner seeks approval of developmental standards variances of Section 2.4, 8.4.2, and
8.4.5 of the Carmel/Clay Zoning Ordinance to allow a lot without frontage on a public
street, to allow a decrease in the minimum front yard setback from 35 feet to 15 feet, and
to allow a decrease in the minimum rear yard setback from 20 feet to 13 feet,
respectively. The site is located on the north side of 4th Street, Northwest, two properties
west of 1st Avenue Northwest. The site is zoned R-2/Residence.
Filed by Judy Holland.
Judy Holland of ReMax Advantage Realtors, 1503 N. Mitthoeffer Road, Indianapolis
46229, appeared before the Board representing Chester Seeright. Chester Seeright also
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appeared before the Board and stated that he is the owner of the subject property located
on 4th Street Northwest.
Kathy Bowman, prospective purchaser of the property, and Don Savill, builder, were also
in attendance.
The petitioner is requesting three variances for the lot which has previously been used as
a yard and garden. The west edge of the lot is adjacent to the Monon corridor. The
highest and best use of the land is believed to be a home site which will conform to the
existing residences in the area and would be a positive addition to the community as well
as adding to Carmel's tax base.
Ms. Holland stated that a permanent easement and driveway agreement to the property
has been prepared and the neighbors have been informed of the proposal, but not all
signatures have been obtained. The proposed setback is similar to the adjoining property.
The home will be custom built and the appraised value should exceed $100,000.
Don Savill, of Savill Builders, 2131 West 166th Street, Westfield appeared before the
Board and explained the on-site drainage. There is a drain positioned on the south side of
the property installed by the homeowner approximately 4 years ago. In relation to the
drainage of the property, the lowest spot is where the drain is located; after completion of
the house, Don Savill stated that he would probably add another foot to two feet elevation
because of the location of the building pad and situation of the house.
Members of the public were invited to speak in favor of the proposed variance and future
construction; no one appeared. Members of the public were invited to speak in
opposition to the variance; the following appeared:
Ray Rice, new homeowner directly opposite or across the drive from the proposed site,
asked about the drainage. Mr. Rice was concerned that the water would drain into his
basement. It was Mr. Rice's understanding that he is responsible for maintenance of what
is called 4th Street NW, even though the City says 4th Street NW does not exist at this
location. The road crosses Mr. Rice's lot, and he is opposed to maintaining the road if it
is damaged in the construction process.
Connie dePadia, 340 First Avenue NW,joint owner with Donna Thomas, also expressed
concern about the road maintenance and the amount of traffic, since it is a very narrow
road. If the road is widened at a future date, it would cut into Ms. dePadia's garage.
There was much discussion regarding the road, the maintenance, and the easement.
Mark Monroe confirmed that the road is maintained by the City, however, no land has
ever been dedicated for 4th Street NW. Perhaps easements could be granted for the
driveway. The road appears to be on the property owned by persons on the south side of
the street; technically, the property owners on the south side of the street own the
pavement.
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Ms. Holland stated that on the advice of Lawyers Title Corp. through Morgan &
Associates, the easiest remedy is to take an easement signed by all parties involved, the
two property owners who own the land, and the three properties that depend on the road
so that they are not landlocked properties. If the property owners do not wish to agree to
an easement, the only alternative is to go through the court system for a prescribed
easement because it has been a thoroughfare since the 1920's.
Mr. Molitor commented that even if the variance were granted, it would not enable the
property to have certain access because the easement is not of record. Access needs to be
established by either the granting of an easement or asking the owner of the drive to
dedicate it to the City of Carmel.
Mr. Quinn recommended that the petitioner appear before the Board of Public Works to
find out the exact location of the street and utilities in the immediate area.
After further discussion regarding drainage and access, either through an easement or a
dedicated street, Mark Monroe gave the Department's recommendation which is for
approval of the Variances contingent upon the drainage easement being reduced and
proper access being granted to the site; a building permit could then be issued to the
homeowner.
Jay Dorman moved for approval of Docket V-15-98, conditioned upon: 1) an approved
drainage plan 2) access by way of an easement or dedicated street, and 3) at the
petitioner's expense, any necessary repairs are to be made to the road as a result of
damage during construction, seconded by Dick Klar. APPROVED with conditions 5-0.
3i. Kahn's Sign (V-16-98)
Petitioner seeks approval of a developmental standards variance of Section 3.0 of the
Carmel/Clay Zoning Ordinance to allow a sign to be located within the vision clearance
triangle. The site is located at 313 East Carmel Drive. The site is zoned B-8/Business.
Filed by Joe Husar of Kahn's.
Mark Monroe reported that the public notice for this petition was not within the time
frame of the Board's Rules of Procedure, and in order for this petition to be heard, the
rules must be suspended. (The newspaper ad was short of the 25 day notice requirement
and notice of the adjoining property owners was not accomplished by certified mail.)
In response to questions from Jim Quinn, John Molitor commented that it would be
appropriate to open the public hearing and continue it to the next meeting and stipulate
that the petitioner meet all notice requirements by the next public meeting of the Board.
However, there is an issue of whether or not notice should be given to every resident in
the condominium complex (Hunter's Glen) 156 owners. John Molitor then recommended
suspending the rules with respect to granting notice to any condominium owners except
those who live adjacent and abutting Carmel Drive.
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Jim Quinn then moved to suspend the rules and open the public hearing this evening, and
that the public hearing be continued to the April BZA meeting, provided that the
petitioner submits proof that all necessary notice requirements have been met, seconded
by Jay Dorman. APPROVED by unanimous consent.
Joe Husar, 5477 Yellow Birch Way, Indianapolis 46254 appeared before the Board as
one of the owners of Kahn's. Mr. Husar stated that notice was given approximately 6
days short of the requirement and that notice to the condominium development was made
by regular mail to 157 residents. Mr. Husar played a video tape showing the site and the
proposed location for the sign.
Members of the public were invited to speak in favor or opposition to the proposed
signage; none appeared, however, the public hearing was left open on this Docket to the
April meeting.
Mark Monroe explained the vision clearance triangle as being an area near an intersection
that should be kept clear of signs, trees, and other structures that might block line of sight
when turning left or right at an intersection. The Department is recommending approval
of the sign conditioned upon adequate sight distance being maintained on Medical Drive.
On a long term basis, there could be intersection improvements made at Medical Drive
and Carmel Drive, and if an automatic signal is installed at a future date, the sign could
be an obstruction to line of sight along Medical Drive. At this time, the City has no plans
to improve the indicated intersection; however, future plans may include a turn lane on
Medical Drive or an automatic signal and at that point in time, it would probably be
necessary to move the sign farther west on the property and closer to Kahn's entrance off
Carmel Drive.
Mr. Husar responded that if it became necessary to move the sign at a future date due to
roadway improvements, it would be done at the cost of the petitioner.
Mark Monroe reported that the proposed sign complies with the Sign Ordinance and that
the architectural elements of the sign were approved by the Plan Commission.
There was further discussion regarding the placement of the sign and the proximity of the
access drive to the west. Jay Dorman suggested putting a mock-up sign out and having
Board members and the Department investigate it.
Docket No. V-16-98, Kahn's Sign, was TABLED to the April meeting.
There being no further business to come before the Board, the meeting was adjourned at
8:10 PM.
Charles W. Weinkauf, President
Ramona Hancock, Secretary
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