of Carmel

Document Sample
of Carmel Powered By Docstoc
					                                      City                of Carmel

                                              Carmel Board of Zoning              Appeals
                                                        Regular Meeting
                                                     Monday April         28 2008

    The regularly scheduled meeting ofthe Carmel Board                  of Zoning    Appeals    met at 6 00 PM    on    Monday
    April 28 2008 in the Council Chambers of City Hall                   Cannel Indiana The meeting           opened    with the

    Pledge of Allegiance

    Members in attendance             were   Kent Broach Leo Dierckman James Hawkins Madeleine Torres and
    Alan Potasnik alternate     thereby establishing a quorum Christine Barton Holmes and Mike Hollibaugh
    represented    the   Department of Community Services John Molitor Legal Counsel was also present

    Mrs Torres moved to approve the minutes of the March 24 2008 meeting as submitted The motion
    was seconded
                 by Mr Dierckman and APPROVED 4 0 with Mr Potasnik abstaining

    Mrs Barton Holmes gave the Department Report Item 1d on the Hearing Officer                           agenda Woodland
    Perkins Garage Addition was moved by the Department to the full BZA Hearing                           They were able to
    complete   notice in time for the         Hearing Officer   but not 25    days   for the full Board    They requested a
    waiver of fourteen         days   Item 1 h
                                      Ingersoll          Rand      agenda
                                                                  on   the full         needed    a   waiver oftwelve days

L   They   were                  correctly in terms of the date for the Hearing Officer but noticed 6 00 pm
                  able to do notice
    Both of the other items on the Hearing Officer agenda Item 2d Kirkland Porch addition and 3 4d
    Carmel Elementary signage have been tabled until May 19 On the full BZA Agenda Items 9 10h
    Prairie Trace Softball Complex Items 12 14h Stout Shoes Buildings and Item 26h Mueller Property
    South Underground Limestone have been tabled to the May 19 2008 meeting She read a letter into
    the record requesting Item 11h Docket No 08030009 UV Happily Ever After Flower Shop be
    continued The letter was from Brian Tuohy representing the Charles P Morgan and Roger Pope
    families who own the largest property immediately adjacent to the south and west of the referenced

    Mr Dierckman moved to waive the lA               day public   notice for Item 27h Woodland Perkins             Garage
    Addition The motion            was   seconded by Mrs Torres and APPROVED 5 0

    Mr Dierckman moved to waive the 12               day public   notice for Item 1 h                  Rand              The
                                                                                          Ingersoll           signage
    motion   was   seconded        by Mrs    Torres and APPROVED 5 0

    Mr Dierckman felt because these two families            were
                                                                       contiguous    and most   impacted by Docket No
    08030009 UV      Happily        Ever After Flower   Shop    this item should be tabled      or    continued until next

    Mr Molitor     suggested askingthe Petitioner if they had any                         to this continuance before
                                                                              objection                                   a

L   decision to table or continue was made

    E Davis Coots attomey representing Docket No 08060009 UV Happily Ever After Flower Shop
    stated they had published the Public Notice for this meeting He did not know if others were in

                                                           Page   1 of 28
Carmel Board of Zoning           Appeals
Regular Meeting
April 28 2008

attendance for this            meeting       Mr Coots            would    like   to   present the    petition     as
                                                                                                                     opposed to coming back
next month

                   They would
would table the item either before
                   to   speak    on
                                          like to

                                      behalf of the

                                                                forward with the
                                                             after the Public

                                                                Morgan family
                                                                                      Hearing tonight
                                                                                                     He felt in all
                                                                                                                      probability the Board
                                                                                                                  give Mr Tuohy an                        U
Mr Hawkins asked for                  a   show of hands ofthose                wanting      to address that       petition   Fifteen      plus   hands
were    raised

Mr Molitor         pointed       out that Mr Potasnik               was
                                                                          present         as an   alternate He would need to be available if
       of the item              heard at this                      and then tabled                continued until the
part                     was
                                                        meeting                              or                           next     meeting
Otherwise the Petitioner would need to                            do    over     next month for Mrs Plavchak

Mr Potasnik did not              see
                                          any reason he could not attend next month

Jo1m Moore partner with Mr Tuohy stated the two families had owned the adjoining property for
over 100
         years Mr Tuohy had contacted a number ofthe surrounding property owners in Brookshire
and others affected             by this petition         to     let them know         a   continuance   was    being requested           He did not
feel anyone had                               to        continuance but
                               objection            a
                                                                                  they knew it       was    at the Board     s   discretion

Mr Hawkins                            the
                    proposed                petition be heard           at this   meeting        with the   possibility   it would be continued
to the next     meeting

Mr Molitor gave the

                                  Legal Report            He
                                       pointed out the special meetings the Board has set to discussion
   pending litigation and settlement on Tuesday May 13 in Executive Session and the Special
meeting to hear Agenda Item 26h Mueller Property South Underground Limestone Operation on
Thursday       June 12 2008

H       Public Hearing

lh                      Ingersoll     Rand  Signage
The    applicant   seeks the     following development                 standards variance      approval
Docket No 08030034              V     Section 25 07 Sign               Chart C             Address sign size requested larger than permitted
The site is located       at     18 9     Pennsylvania          St It is zoned B 2         Heavy commercial and office uses
Filed   by   Kurt GoertemillerofGrubb and Ellis for                                       Rand

Present for the Petitioner Kurt Goertemiller Ingersoll Rand The variance is for better
                                                                                       visibility for
emergency services at the property They are allowed three and one half inch letters based on the
setback of the          facility They want to increase the size                       to twelve inches for the 11819 main address                   on

the front of the         building There are three buildings in                        the   complex They would like               to   designate   each
ofthe    buildings in          the   complex       on    tlie   rear   with twenty four inch letters A B C

Members of the           public              invited to         speak   in favor or        opposition   to the
                                                                                                                  petition       no one   appeared

The Public      Hearing         was    closed                                                                                                             u
                                                                                  2 of28
    Carmel Board of Zoning       Appeals
    Regular Meeting
    April 28 2008

    Mrs Barton Holmes gave the Department Report They are requesting twelve inch numbers                                         on   the

u   front and twenty four inch letters on the rear ofthe buildings They had originally requested
    four inchsigns all the way around The Department had been working with the Petitioner and felt
    because ofthe extensive setback and wooded parcel the twelve inch numbers on the front and twenty
                                                                 The                        recommended

    four letters    on   the   rear was a
                                            good compromise               Department                        positive

    Mr Dierckman moved to approve Docket No 08030034 V                                Ingersoll   Rand    Signage         The motion
    was seconded by Mr Potasnik and APPROVED 5 0

    2 3h                 United States Tennis Association            Signage
    The    applicant   seeks the   following development   standards variance       approval
    Docket No 08020006 V                    Section 25 07 01 04   i       Sign located in street right    of way
    Docket No 08020018 V                    Section 25 07 01 04           Sign located off premise
    The site is located    at 1310 E   96th St and is not zoned          the   sign   would be located in the   right   of way

    Filed   by   Steve Granner of Bose    McKinney and Evans

    Present for the Petitioner Paul Reis   McKiImey and Evans Also present were Mark Saunders
    Executive Director USTA Midwest Section Jim Maggard from Raymond James one of the building
    tenants and Steve Granner Land Use Planner with Bose McKinney and Evans Jay Hacker a member

    ofthe USTA Foundation Board               wasalso present A PowerPoint presentation was used to show the
    location of the      parcel    and the proposed signage A common entrance is shared by USTA and Five
    Seasons Five Seasons   originally owned this parcel and had constructed the entrance The sign at the
u   entrance is oriented north to south Most developments would have a sign oriented east to west so that

    people traveling along 96th Street would be able to read the sign The large undeveloped land between
    the USTA        building and                         by the Hamilton County Commissioners They
                                    the Manon Trail is owned

    acquired                                       possible relocationdiversion of96th Street under the
                  the land from Five Seasons for the
    interstate to connect with 96th Street at Westfield            Boulevard
                                                                   Range     Line Road Subsequently the
    Manon Trail has been developed with the trail parking lot and restrooms When Midwest Tennis was
    looking to develop this property they wanted to put tenants in the building to offset the cost of the
    operation of this building and the Hall of Fame Museum within the building and to provide income to
    the Foundation There are two tenants in the building Raymond James             Associates and First
    Merchants Banle Both tenants have people who regularly come to the site off 96th Street However
    unlike the Five Seasons patrons these may be very infrequent They may never have been in this area
    and may use the building once or twice In order to determine the location of a ground sign to assist
    people they needed to see what was available The right of way and property lines were indicated In
    setting the sign five feet off the right of way they are off the property owned by UST A A sign on the
    UST A property would not be visible particularly to the people coming from the west They had

    requested the right to encroach into the right of way ofthe undeveloped land from the Carmel Board
    of Public Works      Safety Under the temlS of the agreement the City retains all of its rights to this
    right of way However the sign could be erected at USTA s risk If this right of way would be used in
    the future for any purposes the sign would be removed and re Iocated at no cost to the City The 20

    year Thoroughfare Plan does not anticipate any type of street using the right of way The sign would
    be   approximately 290  feet from the Manon Trail and he did not feel it would have any affect on the

u   trail Pictures of the trail and sign location were shown A rendering of the proposed sign was shown
    with    a   brick base which matches the
    illuminated It is
                           approximately six feet in height
                                                               and   a limestone cap The sign would be internally
                                                                     and identifies the three tenants in the building
                   from east to west on 96th Street the UST A sign age
    Traveling                                                                           is not visible and there is      no   indication

                                                               Page   3 of28
Carmel Board of Zoning          Appeals
Regular Meeting
April 28 2008

for the entrance to the          building    building has signage on 1 465 A lot ofthe customer traffic comes
from 1 465

      entrance to the

address There is
                      the west and travels east along 96th Street from Meridian Street The site does not show
                            building From 96th Street the UST A sign on the front ofthe building and the
entrance to the Five Seasons is visible The                        signs   at the entrance have
                                indication this is also the entrance for UST A Several
                                                                                                     Five Seasons           and their
                                                                                                             photographs were shown               If
USTA         were   to   put any identification                 the Five Seasons      sign it would be another off premise
Therefore       they           seeking    to                    to the east that will
                                               put   a
                                                         sign                            identify the   entrance

Members ofthe             public           invited to      speak    in favor or                  to the   petition
                                                                                    opposition                           no one

The Public Hearing              was   closed

Mrs Barton Holmes gave the Department Report The proposed sign would be both in the
                                                                                        City s right
of way and off premise The large swath of right of way that was granted to the County and is now in
the   City s jurisdiction is unique              The
                                         Engineering Department has indicated the petitioner would need
    variance and consent to encroach to
                                          place the sign in the right of way If the right of way would ever
need improvements the sign would need to be removed This section of 96th Street would probably
need to be improved before the unique swath of right of way would need improvements The

Engineering Department did indicate they would prefer to maintain ownership ofthe right of way
rather than vacating the land and transferring it back to the
                                                                 original owner The Department has a
general concern with signs being located off premises and within the right of way Typically they
favor the situations when the building is not visible from the road In this instance the
                                                                                            building itself is
clearly visible from both approaches of 96th Street and from 1 465 It has signage on the 1 465 fayade
It is also
           architecturally distinct from the Five Seasons facility The Department did not see a clear
practical difficulty in this instance They have a concern with this off premise sign It would serve
mostly people approaching from the east It would still not entirely address the concerns and issues
raised   by    the Petitioner to       bring people         to the site    easily     The Department recommended              negative
consideration ofboth variance requests

Mr Potasnik asked about the brick
                                                  fayade and guard house at the entrance that were set                        up for Five
Seasons when the            parcel    was   developed Does it have the address ofthe UST A

Mrs Barton Holmes stated the address is for Five Seasons on the brick
                                                                      entry                                      piers   and also     on   the
building TheUSTA has their name on the west fa oftheir
                                                  ade                                      building

Mr Reis stated the Five Seasons address is the                        only address      that appears    at   the entrance

Mr Hawkins stated the   Department mentioned the sign is only going to capture traffic traveling from
the east to the west He assumed most ofthe traffic was coming from the other direction from 1 465
and Meridian Street

Mr Reis indicated the            proposed sign                  several photographs
                                                                                         They tried     to put it   as   close   as    possible   to
the   96th   Street   right    of way without  getting             into the   right   of way The    sign     will be visible      as

approached       from the west         Right now it is hard           to locate the     building   without the address           at the
street entrance

Jim   Maggard stated           the address           the UST A                                            96th
                                                                     building is not visible     from
                                                                                                 Street The address
numeral        1310       faces due    east toward         the Monon Trail The location was indicated on a photo The
                                                                     Page 4   of 28
    Carmel Board of Zoning        Appeals
    Regular Meeting
    April 28 2008

     1310 is also         on   the door     facing      west    Many people          do   come        from 1 465 and           96th   Street   They are      told

    to turn in at the      guard     house and make             an   immediate      right People           will drive       by the     guard   house

    coming    from the west and also from Westfield Boulevard                                 on     the east   They thought            there would be       no

    problem being         located in the Five Seasons
                                            complex                 building       and the USTA                             But with the lack of

    visibility ofthe 131 0 First Merchants or Raymond James fi om 96th Street they are surprised
    how many people have trouble fmding them A sign would help Coming to this meeting the sign

    along Range Line Road pointing toward City Hall parking was very helpful to him

    Mr Potasnik asked if the            problem seeing               the numerals        was       their size

    Mr Reis stated the          problem is the           numerals      are   located     on    the east     fayade     and     are    not visible when

    approaching       from the west The USTA Midwest                          sign   is visible from the west but the 1310 is not
    included The entrance             sign
                                       says              1300 Five Seasons               so   people      think it is the entrance for Five
    Seasons    only      and continue down the street

    Mr Potasnik asked if the            problem was the not being                   able to        identify   the   building by         the street address
    from    96th   Street In other words            a   fire truck could not         see      it

    Mark Saunders stated the numerals                     are   not visible from       96th Street          He indicated the canopy above the
    entrance door and the            only   way to       see   that is from the       parking lot

    Mr Dierckman asked how many                         signs they                            for this    building       and how             they utilizing
                                                                             permitted                                                 are

    those   signs

    Mr Reis stated there          are   three   signs permitted            for the   building           There   are   two      on   the 1 465   fayade    and
    one   UST A Midwest          on   the    96thStreet fayade

    Mr Dierckman asked ifthe                 signs      on   the 1 465     fayade    were       used for      advertising       or    could   they   be
    moved to the front of the           building

    Mr Reis stated         they could not be moved without a variance The UST A Midwest is visible on the
    building       The   problem is when people approach they can see the building but the entrance says 1300
    Five Seasons          The sign is not oriented for the traffic The proposed sign would indicate it was for the

    USTA Midwest site            as   well

    Mr Saunders stated in the               original PUD they were granted three signs                           The     sign      locations    were   the
    north west and south sides  They                    were not
                                             pennitted sign                          a             on   the east side ofthe  building       only The
    want to change the signs would be to move one sign to another location                                          on   building Even if they
    moved Raymond James to south side of the building it still leaves First                                         Merchant with their sign not
    being seen from 96th Street

    Mr Dierckman asked about the total number of tenants He remembered there                                                   were some        restrictions
    at the time of the PUD relative to square                footage          to be utilized within the               building        Are those
    adhered to       He remembered this              property being a very               awkward situation and                     difficult   parcel To


    him   personally       he felt    they needed        to go to Five Seasons for                  some
                                                                                                            signage      He did not feel the off
    premise sign would solve the issue Maybe                              BOO and 1310              could be    on    the   sign     at the entrance      In
    addition they could come back and ask for                         a   large   address number above the USTA Midwest                              or on

    one   side of it
                                                                                  5 of 28
Carmel Board of Zoning       Appeals
Regular Meeting
April   28 2008

Mr Reis stated there             are   three tenants

Mr Saunders confirmed the square

Mr Hawkins           agreed with
                                                          footage    restrictions

                                         Mr Dierckman He understood their need for
                                                                                           being strictly adhered   to

                                                                                                          signage but it seemed most of
the traffic           coming      from the west                    the time          would          the off
                                                             By               they           see
                                                                                                            premise sign they would be
past    the entrance

Mr Reis      did     not think there                     perfect   solution but to allow this         ground sign   would
                                           was a
improve      the situation Ifhe
                            approaches Five Seasons to negotiate something about the entrance sign
he is back to an off premise sign situation The Department has indicated they do not want to support
off premise signage The only reason this is an off premise sign is because this is a unique situation

They have a slice ofland that is basically being reserved But they believe that is the best location for
an off
       premise sign Five Seasons has no contractual obligation to allow additional signage If they
change it they are back to the same situation They would need a variance for an off premise sign and
an ADLS Amendment to change the Five Season

Mr Dierckman remembered when this                                                             for
                                                              building came through                 approval   It was   explained   that these
tenants were         going to help pay the               rent because the USTA did not have the funds for all ofthis It                  was

going     to users that    were  of similar type not totally different unrelated businesses Now this is not

becoming a          tennis building but just another office building He still felt it could be solved with
additional building signage with the 131 0 clearly posted at the top ofthe building It is known as the
UST A building so there is no need for the tenants names to be on the building The clear marking
with the numeral is more important for life safety reasons to help the fire department They have
permits for signage and he did not feel the off premise sign was necessary
Mr Hawkins moved to approve Docket Nos 08020006 V and 08020018 V Unites States Tennis
Association Signage The motion was seconded by Mrs Torres and both DENIED 1 4 with Mrs
Torres     casting the only positive               vote

4 5h                  Northview Christian Life Church Expansion                             Special Use Amendment         and Variance
The     applicant    seeks the   following special           use   amendment and variance       approval
Docket No 08020026 SUA                         Section 2103                    Amendment of Special Use for church           expansion
Docket No 08020032 V                           Section 26 0101                 Height      of building exceeds maximum       permitted
The site is located at 5535 East 13                1st   Street and is zoned 8 1
Filed    by Charlie Frankenberger              ofNelson           Frankenberger for Northview         Christian Life Church Inc

Present for the Petitioner Jim Shinaver Nelson                                Frankenberger         Also present   were   the Pastor Steve
Poe the Business Administrator Rick    Thompson                               and Bill Harris and William
                                                                             Cooper from the
Building     Committee for Northview Christian Life Church Ben Richards the architect from Champlin

Haupt Architects Greg              Ilko the civil            engineer   from Crossroad Engineers            and Steve     Siroky general
contractor from S          B Construction                 Company     were    in the audience The church is situated          on

approximately 80 acres                 It is
                                 long standing church in the community that continues to grow in

membership They have                   reached out to the
                                             community and allow sledding on their hills the use of
their softball fields and basketball courts and their fields for cross country meets in a day and age
when many are concerned about premise liability and other legal issues With the
membership they desire to construct an addition to the worship sanctuary An aerial of the property
                                                                       Page   6 of 28
     Cannel Board of Zoning         Appeals
     Regular Meeting
     April 28 2008

            shown The site modifications would                                 the nortbern portion ofthe
     was                                                         occur on
                                                                                                                   property As part of the

     site   changes    the church is       proposing     to   move     the main entrance further west            on 13151 Street The
     church would like to utilize the eastern 131                      Street curb cut to extend into tbe          new parking lot on the

     eastern side ofthe       property The proposal would extend tbe sanctuary further north The current
     ground sign       is near the current main entrance Tbey would like to place the ground sign further west
     near   the   new   main entrance The
                                      proposed landscape plan was shown for the perimeter ofthe site and
     the parking       They will also have some building lighting and parking lot lighting as part of the

     modifications The building elevations with artist renderings ofthe new portion were shown The new
     elevation plans were displayed The style of architecture for the addition is a bit different from the
     current building This was done purposely to add some variety to the building but the building will

                                existing structures Due to the height ofthe expansion and the projections of
     still be consistent with the
     the parapet wall in the expansions a variance is needed for the height Lighting and photometric details
     were also
               provided in the packets They will be complying with all the lighting requirements and will
     not need any variances for lighting These additions are needed to adequately serve their members A

     productive neighborhood meeting was held April 16 for the surrounding neighbors To their
     knowledge they have no outstanding issues with the Engineering Department or the Urban Forester It
     is also their     understanding        these requests       are
                                                                       supported by       the   Department      of Community Services

     Members of the       public      were    invited to      speak in   favor or    opposition       to the   petition

     Kevin Rider        1473 Second         Way     had been      attending     Northview for         approximately nine years and been
         member for five        six years In view ofthe effect Northview has had on the                         community and his
     a                        or

     personal     life he felt the expansion would help them spread that even further

     The Public      Hearing was closed

     Mrs Barton Holmes gave the                   Department Report            The first   approval     is to amend the   existing Special
     Use to allow the   expansion ofthe church The second request is for a sanctuary 65 feet in height with
     some elements
                      proj ecting above tbat height which exceeds the permitted 35 feet in S I The building
     is set back from 131 Street The exi sting landscaping as well as the proposed landscaping will help to
     buffer the site and reduce the overall impact It is a large site and a large campus The Department felt
     the proposed construction would tie in well with the                 existing and would not have a negative visual
     impact   on   the site   or   the   surrounding      area    The Department recommended positive consideration of
     both variances

     Mrs Torres asked the            height   of the    highest current building

     Mr Shinaver estimated the              highest point ofthe          church    was
                                                                                           sixty to  five
                                                                                                    sixty feet These heights were
     indicated    on   the elevations       According         to the architects and based           grade issues if these
                                                                                                   on   the
     variances          approved         the main roof height of the
                  are                                                          new
                                                                                     sanctuary would actually be eight feet six
     inches below the                     existing church Because ofthe parapet element it will be
                                         of the
     approximately       eight feet four inches above the height ofthe existing church The variance would be for

     approximately eight feet             Based         the setback from 131              Street that difference should not be too


     visible to the naked eye

     Mr Broach moved to
                               approved Docket Nos 08020026 SUA and 08020032 V Northview Christian
     Life Church        Expansion The motion was seconded by Mr Potasnik and both were APPROVED 5 0
                                                                       rPage   7 of28
Carmel Board of Zoning            Appeals
Regular Meeting
        28 2008

6 8h                    Shideler        Dermatology Signage
The     applicant   seeks the         following development standards variance approval
Docket No 08020029 V
Docket No 08020035 V
Docket No 08020036 V
                                               Section 25 07 02 10
                                               Section 25 07 02 10
                                               Section 25 07 02 10
                                                                            Number of signs per tenant

                                                                            Sign not facing right of way
                                                                            Number of signs   facing right of way
The site is located at 750 W Carmel Dr and is zoned M 3
Filed    by Amy     Rottman of Sign A Rama

Present for the Petitioner Jim Shinaver Nelson                                                   Also present           Dr Shideler
                                                                           Frankenberger                         were

Marlene Doney Business                      Manager     and    Amy  Rottman of Sign A Rama Dr Shideler has been                     a

respected       member ofCarmel                    medical                  for       number of years His
                                                              community           a
                                                                                                              practice has grown by
serving patients            ofall            An aerial of the location                shown The offices have
                                                                                                                 frontages on both
Carmel Drive and 12211 Street Dr Shideler s practice has expanded into                                 a
                                                                                                         large portion of this building
to serve his three distinct specialties
                                        dermatology services skin care services and skin research
services Even though he is an individual tenant he has three separate entrances three separate
rooms  and three separate check out desks to serve the three specialties offered As aresult ofthe
diverse practices it is important to provide adequate notice for the three separate services provided
The variances                to   permit     additional
                                         signage on the front elevation ofthe building visible from
Carmel Drive            a   variance to
                             permit sign not facing a right of way and a variance to pennit an

additional sign not facing an adjacent right of way Renderings ofthe proposed signs
                                                                                         superimposed on
the building were shown There is the primary Shideler sign and then three individual
                                                                                         signs for each
distinct practice group This rendering had no italics in the signage The Department had
consistency in the signage either all italics or all regular font Another rendering was shown with

            in all italics The Doctor does not have
to have the font ofthe Skin Care location italicized to

         They    will seek the Board               s
                                                                         preference      on

                                                                                       it out
                                                                                              the type offont They did have a desire
                                                                                               a little more and the others in

                               guidance on that issue Renderings of the individual signs with their
                                                                                                                               regular       J
dimensions were shown They are not seeking any variances in regard to the size ofthe signs but for
number of signs A photograph ofthe current hanging sign was shown It faces the Carmel Drive

frontage They are seeking permission to have that particular hanging sign relocated to the back ofthe
building While there are entrances to the three individual businesses on the Carmel Drive side ofthe
building there are also entrances for the demmtology group on the rear ofthe building All the new
signs will be located on the elevation facing Carmel Drive except for the one hanging sign In talking
with Staff it was his understanding that iff the Doctor had separate leases whereby he created three
separate entities that occupied these spaces he may be entitled to these three signs But since he only
has         lease he is considered                            and the variances
      one                                          one user                           are

Members ofthe            public               invited to   speak   in favor or                    to the
                                                                                  opposition               petition   no one   appeared

The Public       Hearing       was      closed

Mrs Barton Holmes gave the Department Report If these were tlrree individual tenants the signs
would be permitted If the building was oriented differently and the retention pond was not present the

signs would be facing the right of way The main concern ofthe Department is the size of the
 Shideler                larger than some ofthe other signs in the area but it is not large enough to
                         It is        bit
                 sign             a

require     a   variance The
                      consistency in font has been addressed by the Petitioner For ease of reading
The Department prefers regular font types but will leave that to the Board s discretion The

Department recommended positive consideration ofall three variance requests

                                                                    Page   8 008
    Carmel Board of Zoning            Appeals
    Regular Meeting
    April 28 2008

    Mr Potasnik asked ifthere               were       three distinct entrances for the three                   practices      Are the   signs

    illuminated           He also asked about the          hanging sign

    Mrs Barton Holmes confirmed it is                     a   multi tenant         building with one tenant occupying three tenant
    spaces The          signs   are    intemally     illuminated The             single hanging sign is in the rear afthe building

    Mr Dierckman moved to approve Docket Nos 08020029 V 08020035 V and 08020036 V Shideler

    Dermatology signage

    Mr Hawkins asked about the block                      or   italic font       preference        as
                                                                                                        long   as
                                                                                                                    they were the    same

    Mr        Dierckman did       not have      a   preference      and would leave it up to the second

    Mr Hawkins seconded the motion and stated the font did need to match and would be left to the
    discretion of the Petitioner All variances were APPROVED 5 0

         91        Prairie Trace Softball       Complex                   TABLED UNTIL MAY 19
    The       appliount   seeks the following                 special
                                                              lse       and   development standardc variance
    Docket Ne 08020033 SU                       Section          2l   03            Expansion ofSdlOOI Hses
    Docket No IUW20034 V                        SedioB 25 7 02 5                       Additional iHstitatioDIlI        sign   taller than   permitted
    THe site is located       at 11200 North River Road and is zoned S                         L
    Filed b William Pa
           y                     lle   ofFanning       Hewey        sGociotes Inc for Carmel              Clay      Schools

u   11 h                   Happily Ever After           Flower
    Theapplicant seeks the following use variance approval
    Docket No 08030009 UV
                                   Ap endix A Use Table                                                 Retail uses in residential district
    The site is located       at 4611 East      116t   Street and is zoned S llResidential
    Filed     by   E Davis Coots of Coots Henke                 Wheeler for Lisa               Stuart Lawrence         owners

    Present for the Petitioner E Davis Coots Coots Henke       Wheeler Also present were the owners
    Lisa and Stuart Lawrence and Dennis Lockwood of Lockwood Design             Architects This Use
    Variance is for a flower business at the property The request is personal to her and should she choose
    to   ceasedoing business sell the business or change the business the variance would expire She would
    be required to return to this Board or to seek a rezone ofthe property to change the use in the future
    To the north ofthe parcel is the Brookshire Golf Course and northeast is the
                                                                                  Flowing Well Park Both
    pieces are zoned P lTo the immediate west are two residences one occupied formerly occupied by
    Mr Ralph Morgan who also owns the large parcel that extends down to 106th Street and indicated by
    COlli1sel To the east is a floodway area that belongs to the Sycamore Farm Subdivision and is utilized
    as a common
                  park area An aerial ofthe parcel was shown indicating the vegetation none of which
    will change The entrance is 200 plus feet south of the 116th Street intersection The improvement will
    be to increase and change the configuration of the driveway entrance to a
                                                                               parking area that will
    accommodate up to six vehicles for purposes ofthe flower shop that is to be conducted within the
    building A zoning map of the area was shown The Comprehensive Plan designates this entire area as

u   a   residential    zone     However because of this intersection and the
                                                                       intensity ofthis intersection the
    Camp Plan acknowledges the possibility of light retail development in the area They are not seeking
    anything very retail oriented other than the occasional sale of flowers to customers that would visit the
    site As indicated in the application the primary business is
                                                                 special events weddings churches and
                                                                              Page   9 of 28
Carmel Board of Zoning     Appeals
Regular Meeting
April 28 2008

special parties     However she does and will maintain              for those who wish to stop in for

flowers A site plan was shown indicating the change in the entry driveway to facilitate two way traffic
and the additional area for parking The building will remain at its site They intend to strip the

building to the existing         cedar and work with that            or
                                                                          upgrade       the exterior in    an   effort to   improve         the
appearance of the location The                landscape plan in          thepacket that had been submitted to TAC and Scott
Brewer the Urban Forester shows that the additions to                         landscaping are primarily intended to shield or
screen   the   parking   area
                               public view along the
                                 from                                     public streets The hours of operation of tbe facility
end at 5 30 or 6 00 PM           landscaping is not needed to shield headlights from the streets but
                                 so   the
rather by the Urban Forester s request the parking area is screened because it is in the side yard They
would expect to identify the location with two ground sings approximately twelve square feet in
dimension The landscaping around the base ofthe identification signs meets the Ordinance

requirements one would be on the 11 6th Street elevation and one toward the entryway on the Gray
Road elevation A photograph ofthe existing building was shown The reason they feel a Use Variance
is appropriate is that although this old house has been occupied as a residence in the past it is now
fourteen feet from the right of way of 116th Street They do not believe it is as desirable for a residence
as it would be for
                    purposes of a light use retail flower shop The Department Report indicates concern
about the establishment of a Use Variance on this tract and what its impact might be to similar pieces
of property located up and down 116th Street and the precedent setting affect of granting this Use
Variance       They believed      the consideration of this Use Variance                     was   the purpose of the Board             s

function to consider each item        by                         to examine the circumstances
                                             case         case
                                                                                  piece ofproperty that   on a

has  changed by the widening of 1 16th Street The other two pieces of property along 116th Street close
to the right of way are the old trading post that Steckley converted into a residence at Haverstick and

116th Street and ahome with a two car garage just west ofthe MacAlister s Deli at Pointe Parkway and
116th Street The subdivisions along 116th Street are setback in such a way that they have not been
impacted by the widening of 116th Street He felt their Findings ofFact justified the approval ofthe
Use Variance An issue that has surfaced in conversations with the Counsel for the                                      Morgan      s   is the
intensity ofthe flower shop use

Lisa Lawrence 9780 San Marco Pass Carmel                           owner        About six years ago she became interested in
the flower business        taking     classes and         working   in several    shops She would like to pursue this for at
least the next ten years She also has a daughter that would like to work with her in the business The
current nature of her business is altar arrangements for three local churches and bridal consultations
and weddings They have always loved this little
                                                   yellow house It does not have any direct neighbors
except the home   next door That gentleman has passed
                                                       away and she did not know what Mr Morgan
planned for the homes he owned next door There is park land facing the other three sides This yellow
house just sits out by itself When they considered purchasing the property they did speak briefly with
the residence services and            they   did not             to think there would be                         in               this So
                                                          seem                                     a
                                                                                                       problem        pursuing
they did buy the property          with      a   goal   of putting the flower         shop   there She does not want to work                    long
hours    compete with the
                                      large      flower   shops    She wants to continue to do church service teach                         a   few
classes and do light retail           Any deliveries        would leave   by 10 AM and be cut off by noon A little shop
like this could do ten      to   fifteen deliveries         on a   good day fifty on Valentine s Day and eight on a
regular day      There would not be a lot of traffic                            in and          The
                                                                   coming                out           community would be welcome
and sue would like to do retail business                   They    were   attracted to this
                                                                          unique property that                               was       built in
1890    They    would like to   eventually           put in
                                                 cutting gardens and welcome the community

                                                                                                                             to   participate
She did not plan to       do wire services She just wanted to serve the community

Mr Coots stated all the activities at the                 property will be interior There will             not be external        storage of
product   or a
                 garden   center There will be plantings                  but   no
                                                                         10 of28
    Carmel Board ofZoning           Appeals
    Regular Meeting
    April 28 2008

    Members of the            public    were    invited to   speak   in favor   or
                                                                                     opposition     to the   petition

u   Favorable
    Ferris Miller 969 Ashton Place He has known the Lawrences many years and performed their

    wedding They are very artistic Mrs Lawrence has done a tremendous job for the churches and
    weddings He felt it was a wonderful thing to have this type ofpeople                                 in the   community     and not having

    something that would distain people If they have to sell the property                                no one   knows what kind of

    people     would be there It could be motorcycle gangs or drug addicts they re all around in different

    places     It s a nice old piece of property The whole family is artistic He felt it would be wonderful for
    the community            to              them and embrace them

    Gene Doctor 29 Lansdowne Lane He has known the Lawrences many years This property will either
    be used      by   lack of use            it will be used for                 such        the
                                        or                          a purpose           as         one
                                                                                                         proposed by the       Lawrences

    They      take    care   of their   things    and will be   a
                                                                    good   steward ofthe property

    SUZalme Baach 12587 Sandstone Run in the                         Bayhill    Subdivision north ofthe               park   She has   always
    wished this little         yellow house       on   the   comer   had   a
                                                                             purpose She felt it would be fabulous for the
    surrounding neighborhoods                  to be able to   hop         a bike or walk over to
                                                                                                  frequent this little place for
    flowers      or   other small retail items She felt it would be great for the                   neighborhoods         that surround it and
        lovely   addition to the four           comers

    Mr Hawkins asked for                a    show ofhands for the unfavorable           comments          He stated it    was
                                                                                                                                important to
    hear from everyone He reminded them to state the point and try not to repeat points that had already

L   been made Typically this is limited to 15 minutes From the show ofhands that will give each person
    about     one    minute

    Remonstrance              Organized
    Tom Kendall 11818               Gray Road        second house north of this property He                  represented the Board of
    Directors of the Brookshire Homeowners Association which represents 383 homes                                      They had
    previously        submitted     a   letter for the Board and the file He felt the Lawrence                    s   business would be a
    real asset to the Carmel                             There                          for this business and it does not have to be
                              community             many places  are

    at thisparticular location in order to succeed and be a benefit to the community As a former member
    ofthe City Council he had the opportunity to work on the Comprehensive Plan The purpose ofthe
    Comprehensive Plan is to have Planners give an idea for residential and retailcommercial areas
    Speaking for himself there was never any intention for any property in this area to be used for anything
    other than residential purposes Refeh other members would concur As previously mentioned the
    three other corners are park or park like areas They would like to keep the residential flavor of the

    community and not have an introduction ofcommercial development within the neighborhood which
    they feel would reduce the property values in the area Before 1990 Gray Road was not straight at the
    intersection of 116th Street About 1990 the City Council decided to try to
                                                                               straighten the road It is now
    angled  between the two old sections ofGray Road The ingress and egress ofthis property is about the

    point where Gray Road turns to the northwest to connect with the other portion Gray Road At that
    point northbound Gray Road fans out into three lanes plus the wide southbound lanes coming around
    Anyone leaving the property going any way other than south on Gray Road especially during working

L   hours might encounter quite a bit ofresistance in traffic Traffic does back up there quite a bit

    Regarding the front setback the street encroached on this property when it was widened in the early
    1990 s At the time he was one ofthose against the widening of 116th Street MallY were in favor of

    making it five Janes at that time Those opposed were concerned that widening the street would bring
                                                                     Page   11 of28
Cannel Board of Zoning             Appeals
Regular Meeting
April 28 2008

the road      so                                          eventually make residential properties into
                   close to the homes and devalue them It would

commercial properties He felt this underscored the problem when roads are widened and promises
made to the citizens of this area who were very adamant about the widening of l16tb Street They did
not want commercial development because of the                                 widening      ofthe road These comments                    were over

and above the eleven items in the letter from the Homeowners Association

Barry Chapman                4824 Pendula Drive             Sycamore Farm Subdivision                     due east and         across
                                                                                                                                         Gray Road        He
does not represent the Homeowners Association but he and his wife Liz canvassed the neighborhood

Saturday and Sunday They have 65 homes with seven for sale and six unoccupied Ofthe 59 occupied
homes                                         39 addresses These represent 60 percent of the total
            they obtained signatures representing
number ofhomes or 66 percent of the occupied homes Of those people contacted one declined to sign
and 97 5 percent of those contacted signed the petition protesting this Use Variance The reasons listed
were an      adverse effect             on   the value oftheir homes in             a current   residential           area    negative   effect   on   the

appearance of the area with                   lights parking        lot and
                                                                    signage and open a gateway for other commercial
variances in this residential                 area which would further
                                                                       adversely affect the value oftheir homes If this
is zoned commercial then the     precedent is there until it expires or goes away It would adversely affect
traffic flow at the intersection Their entrance is off Gray Road and
                                                                         any time between 4 00 and 5 00
the road is        extremely heavily            traveled to the north He             presented           copy ofthe                     to the Board

Ron Carter          representing the           Carmel                               Commission                President The Commission is the
                                                          Redevelopment                                  as

adjacent property              owner      ofBrookshire Golf Course One ofthe                     reasons
                                                                                                                    they had purchased       Brookshire
Golf Course                  there has been              much pressure              the                                                             6th
                    was                             so                         on
                                                                                          golf course
                                                                                                               especially the     corner    at 11
Street and        Gray     Road One                                 of the                                                         of l16th Street and
                                              potential buyer                 golf            just
                                                                                     course          wanted the          comer

Gray Road        pumper convenience store On the south side of 11 6th Street from Keystone Avenue
                   for   a

over to Oak Hill Mansion there is no commercial He did not look at Oak Hill Mansion in its

geographical area affecting the residential It is park and residential in this area and it should stay
residential As you have seen in the past a Petitioner has already bought the property and it
                                                                                                 might be
appropriate for the Board to grant the variance From his point ofview that is absolutely no reason to
give   a   variance       or
                               any other type of Plan Commission approval This is                                                that should have
been looked         at as an     option pending zoning or variance approval

Ken    McGinty           4614      Aldersgate        President Brookshire            Village Homeowners Association On April 21
they   sent   a    letter with five
                                they        opposing
                                             reasons            were                 this variance Since that time he had looked at
the Comprehensive Plan As Counsel pointed out it is a busy road                                          As the     preface 011 page seven of the
Comp Plan indicates the east Carmel district one offom districts                                              is unique compared with the other
three districts because it               typifies suburbia with curvy linear streets                     dominantly single family
residential        uses    and     a   small number of employment or commercial                                                 Aside from the         96th
Street     area    there    only two integrated commercial areas within this whole district east of Keystone

Brookshire         Village Shops and Hazel Dell Comer Other references are included pointing out the
unique     residential character ofthis                  area    There  available spaces
                                                                         are                             to    conduct this type ofbusiness in
both the Brookshire                Village Shops         and Hazel Dell Comer

Remonstrance                 Individual
Joe Svec 11426 Burlcwood

                                               Sycamore         Farm He felt there would be increased traffic noise noise from
the   parking      and increased air pollution                  Signage   would be        relatively unsightly               It may be pretty but it
is not nice in           residential                There would be undue commercial traffic with
                     a                       area
                                                                                                                             delivery trucks and
frequent      turnaround of delivery trucks It would                                      necessitate
                                                                          probably                            an
                                                                                                                    unsightly trash container and
its related    extremely noisy pick                 up   Sycamore      Farm residents invested                  a           anlOunt of money into
                                                                       Page    12 of 28
    Carmel Board of Zoning         Appeals
    Regular Meeting
    April 28   2008

    their homes in        a   residential      area   There is   no    other business        operating     within       a   mile ofthis       area    The

    vehicular traffic at                 Street and     Gray Road        is   already   at   a   maximum This is             against   the wishes of

    Sycamore        Farm residents and violates the trust that the citizens                        place   in the hands of the Carmel                 City

    Matthew Gamble              11416
                              Regency Lane Sycamore                             Farm It seemed to him that              taking a northbound
    trip out ofthis property particularly at rush hour in                       the   morning       or   in the   evening would necessitate                 a

    southbound turn The first neighborhood to make the obvious turnaround would be                                              Sycamore         Farm
    Speaking       of the   undesirability       of the home when he             was
                                                                                        looking     to   purchase        a   home this    one was

    pointed    out to him It did not   the market very long Ironically a friend had mentioned that was a
                                                stay   on

    house he had also considered He thought its proximity to 116lh Street did seem close but it was its lie
    on the land and the acreage that made it a desirable home It is in disrepair at the time but he has seen

    repairs and lights on in the house He felt it was a house that could be repaired and used as a home It
    does not necessitate          use as a      commercial property

    Jan   Douglas      Aldersgate She pointed out there are 16 vehicular lanes at that intersection in
    addition to two bicycle lanes So it is a very congested area She felt the application was being

    presented as a hardship because the Lawrences have already bought the property Spot zoning by
    variance is     a
                        very poor idea

    John Moore attorney at 50 S Meridian Street Suite 700 Indianapolis representing the                                                Morgan family
    interests consisting of Judy and Roger Pope as well as Chuck and Roxy Morgan They                                                  own      the
    property   west and south of the          parcel    106th
                                                            to          Street At            time the      family      did         this property

                                                                                      one                                    own                       as

    well It    was   the maternal                  this property away and created this parcel The Morgans
                                         grandfather that gave
    have been on the property for over 100 years through five generations They are strongly opposed to
    this variance request A number of surrounding property owners have talked at length regarding the
    Comprehensive           Plan    a
                                        Comp     Plan map        was   shown   All property in this area calls to be residential
    There is no commercial that is               contemplated          This plan was adopted by the town The Morgan family
    owns  the property adjacent to this site that was occupied by Ralph Morgan and also the next property
    and all the property to the south They have some concerns about retail commercial use on this comer
    There is   no    commercial within            a   mile ofthis    parcel in any direction This site is on the adopted Camlel
    bike  plan     and there is         bike
                                   path that
                                   a                        runs
                                                                   along this site at this intersection They have concerns about
    the traffic that will be created On Gray Road between 4 00 and 6 00 PM cars are often backed up
    over a halfmile south This retail use seeks to use a full
                                                               right in and right out access right turn and left
    turn that would conflict with the traffic that backs up along Gray Road In addition there will be retail

    parking on this site The Morgans have concerns about what will happen at night Who will be
    watching the property at night and what will happen adjacent to them on that property after hours
    Signage adds to the area being looked at as a commercial area and is contrary to the Comprehensive
    Plan A Zoning Map was shown He felt the Board was being asked to put a commercial zoning in the
    middle ofall the residential There                        vacant sites to the west that could
                                                                                                              support commercial                uses

    This is inappropriate does not fit and it is spot zoning                      to    place     this commercialretail            use   at   the    comer

    of 116th Street and Gray Road in residential zoning

    Doris               4842 Windrift       Way Windpointe              Subdivision northeast of the
            Segar                                                                                                      property Mrs Lawrence

u   assured    a
                   garden     center would not happen There is

    may arise that would allow them to sell annuals and perennials around this
                                                                                nothing      to say that in

    their income Someone had mentioned letting their children ride their bikes to this establishment There
                                                                                                                  a   couple years an opportunity
                                                                                                                      time of year to supplement

                                                                               3 of28
Carmel Board of Zoning          Appeals
Regular Meeting
        28 2008

are no    sidewalks and she would not allow her children to                            116th Street and Gray Road She drives

                                                                                          116th Street and Gray Road

this    consistently   to and from work It is backed up                   consistently       on

Jemmie      Wang     4841 Windrift           Way Windpointe             He works       near    Meridian and Carmel Drive and drives
this route twice      day during rush hour
                       a                                   Often the eastbound traffic            on   1   16th
                                                                                                          Streetis backed up to
Meridian and       people turning eastbound                from Meridian         are   stuck in the intersection He had some

compassion        when he heard           116th   Street    encroaching on the house But then he found
                                                           was                                                                  out   they
bought it recently         so    the Lawrences       bought it knowing the situation it was in

Mike Horrocks 4824                                Drive    Sycamore       Farm This introduces commercial
                                 Greenspire                                                                                  use
                                                                                                                                   very close to
     elementary      school He        can               traffic patterns for the tumarounds He has the third home in
                                             attest to the

Sycamore      Farm and would             see
                                               anyone who would need to turnaround The minimal impact with the
occasional sale of flowers would be difficult for any business to survive on minimal sales He would

put the crime potential with drug dealers and motorcycle gangs in the hands of the Carmel Police
Department        He did not feel they would want                  a   commercial       area   with   park    land and   a
                                                                                                                             golf course     on

the other    comers

Jay Kern      11439    Regency          Lane     Although this is a personal variance request he felt
                                                  Sycamore    Farm
that it was used as reasoning for adding improvements like parking spaces Once those
                                                                                        changes are
made he felt it was hard to change the property back into residential He felt that was
                                                                                       setting the
precedent by making those types of improvements to the property

Mr Coots had taken notes

elevenpoint       letter He could
                                        on   the remonstrance

                                                                       although      he did not have
                                                   reiterate that most ofwhat was brought
                                                                                                              copy ofMr Kendall
                                                                                                             out about traffic and
congestion within          the   area    etc assists in     proving      the   point   this site is   no
                                                                                                            longer suitable as residential
          the limited Use Variance                      seek This is personal to the Lawrences
                                             they                                                                Any improvements made
to it will go away if they          cease
                                            using the property for             the   proposed     flower     shop   It will not become       a

photography       store    a    CYS     Pharmacy or whatever by                   ofthe fact that this flower shop Use

Variance has been suggested As to the spot zoning                          argument the very reason the Board of Zoning
Appeals has the ability to grant variances is because there has been some change in                                      the circumstances
met by the Finding of Fact requirement under the Ordinance that
                                                                  permits the Board             Appeals                  of Zoning
to vary the          of a property within               certain          classification        It is not
               use                                  a             zone
                                                                                       spot zoning it is    a re zone or

a variance from the S l        Classification that is presently not a Permitted Use or a Special Use
The reason the Board of Zoning Appeals has exclusi ve jurisdiction over the granting ofvariances is for
circumstances like this They meet the criteria As to the value ofhomes he had confidence in Mrs
Lawrence      s statements and those who know her better than him that it would be an improvement to the
area     not a detriment Her opportunity to use this property for the limited use business would be an
addition to the overall          area     not a detriment

The Public     Hearing      was    closed

Mrs Barton Holmes gave the Department Report Thi s is the first of what will probably be
petitions that the Board will see for 116th Street The corridor is beginning to see a great deal of
pressure all the way over to Meridian Street This is probably the easternmost            for commercial
usage along I 16lli Street This requested use would be a fairly low inteusity use witb regards to traffic
and the appearance of the house being maintained and so forth While the Board is not                  a

precedent setting body            there is     a concern     about the     example being          set ofadditional commercial            uses

                                                                  Page   140    28
    Carmel Board of Zoning          Appeals
    Regular Meeting
    April   28 2008

    growing        in the corridor and the      possibility for      additional conversions whether                      permitted or otherwise

L   appearing       in the corridor The      Comprehensive Plan does recommend residential uses at tbe site It
    recognizes       that circumstances do      change and some low intensity uses such as a home based occupation
    which only take            a small
                                       percentage of the house are considered compatible with residences In this
    instance the house would maintain the appearance of a house but would be used entirely as a
    commercial use By way of comparison the Board recently reviewed a Use Variance request for I                                                    46th
    Street It was the third          request   at that site The first two times it                  was    turned down because it         was    the
    first such request in that area Over time other commercial uses to the east and north ofthe site were

    brought in so it was approved the third time In this instance this is the first such request in this area
    The immediate  surrounding uses are predominantly open space and residential and this use would be
    considered a pretty low intensity use Taking a look at the community as a whole and the corridor as a
    whole the Department recommended negative consideration

    Mr Molitor  pointed out the application states the requested Use Variance will be personal to the
    applicant In his opinion the Board does not have jurisdiction to grant relief ofthat nature Use
    Variances must         run    with the land and cannot be           granted purely to              the Petitioner That constitutes
    unlawful restraint and alienation             on    the real estate He        suggested            when    they   called for   avote     that   tbey
    not include that in the consideration

    Mr Dierckman moved to approve Docket No 08030009 UV                                           Happily Ever          After Flower      Shop      The
    motion was seconded by Mr Potasnik and DENIED 0 5

    The Board took              five minute

                           a                   recess

    12       141
             8            Stout Skoes      B1lildiBgS              TABLED UNTIL MAY 19
    The     applieant   seeks the   following development      standards          arianoc        approvals
    Docket No 08030lH 0 V                     Seetion 20C OS       IH    3                    Retail1lses ia   exeess   ofSO
    Docket No 08030011 V                      Section 20C OS       B
                                                                   04    2    a               Height   under 28 One         occupiable   floor
    Docket No 08039012 V                      SeetloD 211C OS IH B 2                          Setbaek af less tllan HP
    The site is located at 13100 13155 Old Meridian Street and is zoned Old MeridianlMixed Use vithin the Old
    Meridian Distriot
    Filed    by Michael    C Cook of Wooden              McLaughlin      LLP for Old Meridian                   Main Street     Properties    LLC

    ISh                   City   Center at Penn    Signage
    The     applicant   seeks the   following development standards           variance           approval
    Docket No 08030013 V                      Section 25 07 02 10                      Additional wall         sign
    The site is located        at 1320City Center     Drive and is zoned           B3
                                                                                   Business               Office
    Filed    by Paul    Reis   of Bose McKinney          Evans LLP for Panattoni                 Development Company            LLC

    Present for the Petitioner Paul Reis       McKinney Evans Also present was Chris Alexander of
    Panattoni  Development               An aerial
                                       photo                of the
                                                    building under construction in 2007 was shown The
    overall signage plan for building 2 was shown Currently there is one major tenant in the building
    Their sign is on the angled fayade looking to the southwest The existing directory sign and

u   identification       sign   for the   area were    indicated   on   the   plan They
    second 105 square feet wall identification sign to be on the large south fa9ade facing City Center
    Drive A computer rendering by Fred Simmons the architect was shown to give a perspective view of
                                                                                                    are   proposing     a   variance to allow       a

    the building Sign locations were indicated If the variance is granted the signage would go through an

                                                                   Page 15 of28
Carmel Board of Zoning         Appeals
Regular Meeting
April 28 2008

ADLS process to approve the design ofthe sign This is a three story office building with

approximately 138 500 square feet This will be attractive for larger users for which signage is
critically important Another perspective ofthe building at ground level was shown The building is
large enough that the signs are not close to each other and are aesthetically compatible to the building
and other buildings in the area A schematic drawing was shown indicating the sign areas on the south
elevation This fayade is over 340 feet from east to west and the signs are proportionate to that large

expanse Another schematic was shown adding in the perspective tenant signs on the building A
schematic of the west elevation               was   also shown All the         signs    will be      a   maximum of 105 square feet

Members ofthe public               were    invited to   speak   in favor or    opposition        to the    petition   no one

The Public      Hearing       was   closed

Mrs Barton Holmes
                  gave the                   Department Report         along City Center Drive is
                                                                       Because the              ade
angled    and because of the             length of the
                                         building     Department      the                     felt in this instance
                                                                                     having an
additional sign facing the same right of way was an appropriate request It would not be out of keeping
with the other buildings and signs installed along the Meridian Street
                                                                       City Center and Penn Corridors
          thing to residential is the Renaissance Hotel and
The closest                                                                            there would be        a   minimal visual      impact
The Department recommended positive consideration

Mr Hawkins moved to approve Docket No 08030013 V                                    City    Center at Penn         signage        The motion
was seconded
             by Mr Dierckman and APPROVED 5 O

16 17h
The   applicant
                    Monon            Main Units 3A 3D
                   seeks the following
                                                            standards variance
                                              development                               approval
Docket Nos 0803001              16 V        Section 15 26 ofPUD Z
                                                                462            04           non     residential   uses on   2nd     3rd   floors
Docket Nos 0803002              28 V        Section 2 13 B ofPUD Z462 04                    2   car garage    reqnirement
The sites   are   located northeast of Third Ave NW and Main St and                           zoned PUDlPlalll1ed Unit
Filed   by Mr     and Mrs Ardalan for Saari          Gallery

Present for the Petitioner Soori Ardalan                  owner      She  was asking for the garage and second and third

floors to be used for retail since there is not             enough      first floor area She has contacted various
businesses and shown them the three units The                        big drawback       is the first floor area These             properties
are   located on Main Street west ofthe Monon Trail There    nineteen units Her present gallery is at

Third and Monon Last year when she asked for her variance everyone was concerned with foot traffic
and parking shortage Unfortunately at the present time she does not have any traffic because
everybody       thinks      they   are   still under construction      or   there isn t any interest She wanted the variances
to be able to lease the three additional locations She                      was
                                                                                 looking for a design studio jewelry shop
bridal   shop     and   a   cafe She had looked into the                      situation At the                     time 90 percent ofthe
                                                                  parking                                present
time she is able to         park   in front ofher                with three       four spots still open The City is going to
                                                     gallery                     or

build new    parking         lots and there will be      underground        parking at the Indiana Design Center A floor
plan    ofthe units     was    shown       Ouly   the eleven    by   sixteen first floor ofthe units is presently commercial
That is very small and she would like to add the garage space In her gallery she boxed off the area
inside the garage door creating a storage area between the garage door and the new wall for trash and
           and    unloading deliveries

loading                                         She would like the second and third floors also to he used for retail

                                                                       16 of28
    Cannel Board of Zoning       Appeals
    Regular Meeting
    April 28 2008

    Members ofthe      public      were    invited to   speak   in favor or   opposition to    the   petition   no one

L   The Public     Hearing   was    closed

    Mrs Barton Holmes gave the Department Report The Board has seen several variance requests in the
    past for units at Monon and Main that front onto Main Street for commercial uses in addition to the
    space that was permitted in the floor plan to be commercial The vase majority ofthose have been for
    design offices or consulting offices with a very minimal traffic flow For the most part they have used
    their garages for     employee parking          That   helps    minimize any impact on parking by the proposed uses
    the applicant has listed The uses requested by                 the applicant would be a design studio bridal shop or

    jewelry shop The Board has the discretion to limit those uses in their entirety to all three units or to
    assign them to a unit The uses that are requested would not have a tremendous impact on parking A
    couple of the uses could be considered retail but fairly minimal Especially a bridal shop would
    typically have appointments and not necessarily impulse traffic The Calmel Redevelopment
    Commission also intends to build aparking garage some time in the near future That would alleviate
    some ofthe
                parking congestion in Old Town Currently parking is not too much of a concern As Old
    Town continues to develop and as more people learn what is available parking will become a concern
    The Department recommended positive consideration ofall the requests The Petitioner had addressed
    the handling ofdeliveries alId trash collection with the modified garage

    Mrs Torres asked       ifthey would be stating hours             of operation   or was   that within the Board        s

    jurisdiction   What had the other businesses done

L   Mrs Barton Holmes believed it              was   within the Board     s   jurisdiction
    businesses had stated their hours and most closed at late afternoon or early
                                                                                             to limit the hours

                                                                                                                      The other
                                                                                                                 hours These      are

    the most retail oriented       use
                                         requests    at the site She did not believe the hours had been limited but it
    waS a   possibility

    Mr Potasnik asked if these were            supposed     to be a conunercial      use   with residential     use   above

    Mrs Barton Holmes confirmed the       original PUD delineated a space within the first floor for a live
    work    usemostly offices or light retail uses for the units facing on Main Street All the units behind
    were entirely residential For the most part that is how it has been
                                                                          developed Although there are
    variances granted for some ofthe units facing Main Street to be used entirely for retail or office uses
    the intent was to create amixed use project With the market and the purchasers desires several
    ofthe units fronting Main Street have been used more for office uses than for office and residential

    uses   combined

    Mr Hawkins asked iJthe Petitioner had                already purchased       these units Were       they    an   investment she
    intended to lease to     a   third party

    Mrs Ardalan answered in the affirmative

    Mr Hawkins stated he believed in the past these units had all be owner occupied units Now they were

u   looking at investment units for other businesses He felt in the past the Board had a little more detail on
    the use how the unit would be improved and a better understanding of what each unit would do
    and represent

                                                                Page 17 of28
Carmel Board of Zoning         Appeals
Regular Meeting
April 28 2008

Mrs Barton Holmes stated in the past the units have come through one     by one The majority ofthe
units         occupied but she could be wrong about a few of them        Previously they have presented

    are owner

their business plan and the number of employees She believed the Petitioner was requesting these uses
because there were interested sub leasers who would like to move into these properties but wanted to
see ifthey would be able to utilize the entire unit before they committed to
                                                                             moving in

Mr Hawkins                not   opposed    to what the Petitioner                             do but did not condone the way it
                    was                                                       was
                                                                                    trying to
had           about This would be                                       for
                                              general approval                           anyone ofthe three units without a good
       come                                                                   uses on

understanding        what is       proposed        how the business is to be conducted At this                         he was
uncomfortable with it

Mrs Ardalan has shown the units to                  a   design   studio
                                                      jewelry shop and a bridal shop They do not

want to make
                    any commitment unless the retail variance is
                                                           completed The first floor is very small to
do anything The hours of operations for her gallery are usually I 00 to 4 30 or 5 00 PM Everyone in
that area close at 5 00 PM The main parking is for people using the Monon Trail At the present time
there   only four businesses
        are                                Three others       are   used for residences All the businesses               are   not   owner

occupied She is only looking        high  for types of businesses that will go with the area It would
make it easier to be able to tell potentialleasers they can use all of it for their business For a rental no
one is interested in a small business on the first floor and
                                                             living space upstairs Even with the garage
blocked there is plenty ofparking on the street ahd the other
                                                                  parking the City will have later There is
also parking in the back

Mr Hawkins did not feel he had               enough information for apositive vote at this time                       He would rather

      her come in with the
        on an    individual basis
                                     perspective tenants that propose a specific concept so they                      can    look at the
Mrs Ardalan asked ifshe could get a general variance contingent to the Board s approval This
she could present to perspective leasers that she had initiated the
                                                                    steps but would have to continue with
the   specific   business details

Mr Molitor    suggested the Board could                 continue these      petitions for a couple ofmonths to see if there                  is
a more   developed proposal for the type                ofbusiness        hours of operation and the traffic generated etc
This   was a     little like   a   blank check

Mr Potasnik asked what the Petitioner would do if one                                  two ofthe                      fell
                                                                                  or               suggested   uses

Mrs Ardalan would like the initial part of the variance Then she could tell the client she has a
variance approval depending on the type of business At least there would be the
                                                                                   promise to them if
their business was appropriate they could get the variance

Mr Potasnik felt the Board would end up marketing the property for her He did not feel that was the
role of this Board He did not feel comfortable spelling out a bunch ofuses that would or would not
be allowed

Mrs Torres tried to
business for each unit
                                       Would the Board be more comfortable ifthe Petitioner would list the
                                        as a design studio with hours listed and number of
                                                                                           employees                                              D
                                                                        18 of28
    Carmel Board of Zoning      Appeals
    Regular Meeting
    April 28 2008

    Mr Potasnik stated if they were specific in the variance and                        one   ofthe types fell through such as          a

L   design    studio then she would be     looking             for another   design     studio  or another use for the unit He          was

    not comfortable with        turning something into            all retail that had been represented to the            surrounding
    properties   as
                      being part    residential

    Mr Dierckman stated the              history         the   City had encouraged         the live work units                          the
    work portion ofthe live work unit is not   large enough to make it a sufficient or practical business use
    The original concept was a good one but virtually everything that faces Main Street has come through
    the BZA for variances There is not enough square footage to justify the cost associated with this and
    most people want additional display space Ifwe give the approval for a bridal shop it will have

    dresses on the first floor The City has tried to be unique in this Main Street area The Ardalans have
    been very entrepreneurial They are trying to encourage other businesses so that people will walk by
    their business He knew               jewelry shop      but did not know             design   studio A                   would be
                                     a                                              a
                                                                                                            design shop                  a

    little open Could she do without the variance for a design studio                            He felt it needed   a   definition He
    thought they should encourage entrepreneurial efforts

    Mrs Ardalan stated         a
                                   design   studio would have fabrics etc       Gallery Walk on
                                                                                        During    the Art
    Valentine   Night
                 s            she invited    a   famous bridal
                                                     shop                  for
                                                                             They had good input from
                                                                                        of the units

    people The City had horse drawn carriages to bring people to the various shops Unfortunately many
    people think all the businesses stop by the Monon Trail The people think the units west ofthe Monon
    are residential The horse
                               carriage stopped in front ofher gallery which helped bring people her way
    She also directed them to go to the bridal shop in the other unit She had in mind businesses that would

    operate with appointments not lots of people going in and out She bought the units in November and
L   has been

                advertising Everyone
             the garage   area as marc
                                              who looks at them wants              more    space than just the first floor Even
                                             retail space all deliveries and trash would be in the back of the                    building

    Mr Hawkins        agreed with               giving a variety of uses would serve as a marketing tool
                                         Mr Potasnik that
    rather than a hardship At this time no one is prepared to go in with a concept and an idea with hours
    and business aspects He was uncomfortable with giving an approval and then hoping she could find
    tenants If these fall      through      she would have to        come    back for another variance He felt             a   tenant
    should be ready to go with a proposal before it is approved He appreciated her efforts in her                                 gallery
    He was not against granting a variance but did not feel this was the way to do it

    Mrs Ardalan stated if she had to wait until she had the                      perspective     tenant it would take another two
    months for the variance to be           approved

    Mrs Barton Holmes    suggested a compromise It seemed the bridal shop was more fully fonned than
    the other ideas One possibility might be to approve a bridal shop for one ofthe specific units and

    imposing limited hours on that bridal shop and tabling the other two sites until something is more fully
    formed That way it would stay on the docket agenda and she would be able to come back to the Board
    when she had a business plan for thqse units That would save some time

    Mrs Torres       agreed   with Mr Dierckman She               applauded       the efforts and               The three
                                                                                                      quality                  uses
    studio    jewelry shop     and bridal     shop   would limit the                ofthe units She felt that              clear The

                                                                             uses                                    was

    quality   would be top notch because ofthe lease that would be                        required

    Mr Dierckman stated            they   knew what the exteriors would look like It would just be the windows that
    would be at risk
                                                                  Page   19 of28
Carmel Board of Zoning        Appeals
Regular Meeting
April 28 2008

Mr Broach          agreed   with Mr Potasnik and Mr Hawkins There had been more                               specificity      in the   past
He              out that if these variances                                wanted to open an ice cream shop

      pointed                                         approved
                                                      were                       someone

she would need to           come   to the Board for another variance She would be limited to only these uses If

the   uses are     attached to certain units that could be another limitation He felt                        tabling     would be    more


Mrs Ardalan asked what would                happen      if   someone   wanted      an   ice   cream
                                                                                                       shop   or a   cafe

Mr Molitor stated the Board is not in                 an
                                                           advisory position      as   to what it   might or might          not approve
with   a   future   petition   He did not recommend             they address      it

Mr Hawkins confirmed the Board needed to stick with the     petition that was presented They could not
give any  advice From the material presented it looked like it also included art studios and professional
offices as well He did not believe that was in the Finding ofFact but was part of the petition

Mrs Barton Holmes stated the                 Department Report referenced design studio bridal shop or jewelry
shop because those          were   the    primary items discussed with the Petitioner in pre filing meetings Those
seemed to be the three most              fully formed uses The Department had requested narrowing the uses so
that it   was not a    blank slate

Mr Hawkins asked Mrs Ardalan if she                            comfortable       assigning      the bridal                     ofthe units
                                                                                                              shop to    one

and   tabling      the other two He did not want to prevent her plan He                                with what she
                                                                                              agreed                        was    trying   to

accomplish          but did not feel this was the method to establish it

Mrs Ardalan asked if it            was
                                         possible to    ask for the    professional       offices and art      galleries    as was on       the

Mr Dierckman stated             they had    learned earlier in this        meeting that uses do not go with the individual
they   go with the     use     He did not    see   the level of risk       They all know a bridal shop or jewelry shop use
She would not lease to          anything     that would be detrimental            to her own business

Mrs Torres shared with the Petitioner it looked like she would    run the risk of
                                                                                  being denied by the
Board at this    meeting Then the petition could not be presented again for six months If they considered
the bridal    shop and tabled the others she could come back to the Board in one month

Mrs Ardalan thanked Mrs Torres for                    sharing   her   thoughts     If she chose          unit for the bridal              it
would be 4F because that            was   the   one   used   during   the Art Walk

Mrs Barton Holmes stated the               petitions could be split              that unit 4F would be for               bridal
                                                                            so                                       a
                                                                                                                                  shop   use

and the other two units 3A and 3D could be tabled until such time as Mrs Ardalan had likely tenants
and uses The petitions could be modified as needed at that time Ifthey are tabled long enough there
would be      re   noticing

Mr Dierckman stated if all three             were
                                                  approved Mrs Ardalan could come back at any time                                 The six
months does not hold for

Mr Molitor felt the


                                                      An approved use can be modified at any time

                                               the open ended request These               are   Developmental         Standards
Variances which are           really not identifying         uses
                                                                    They   are
                                                                                 saying   that she    can    have any of the       uses

                                                                Page 20 of 28
    Carmel Board of Zoning             Appeals
    Regular Meeting
    April 28 2008

    allowed in the POO             throughout         all three floors of these three units               Hthey are separated out as

L   suggested by
    back and
    the   only use permitted in that particular unit Staff could recommend which docket numbers to use for
    the bridal
                         Staff then that would be the

                   requested       a
                                       change      The    use runs
                                                                     only    use   allowed
                                                                     with the land If
                                                                                                  for that particular unit Unless they came
                                                                                                  a   bridal   shop   was
                                                                                                                            approved     that would be

                shop It appeared the Board was being asked for an advisory opinion for what they might
    approve in the future

    Mr Potasnik asked ifthe Staffwanted to make recommendations to the Board and then have the Board
    market it for the Petitioner

    Mrs Barton Holmes stated that when                        a
                                                                  petition   is received it is          specific   to the nature ofthe        request
    number of employees hours etc As                        a
                                                                      only advise the Petitioners They cannot
                                                                 Department they             can

    tell a Petitioner not to file or refuse an application In this instance the Department supports the idea of
    these units being used for more than just a mixture ofoffice and residential They have supported units

    being converted to office spa or gallery uses in the past They prefer to see more specific requests but
    at the    same    time if this is limited to            use    to unit       the   use    is forever tied to that      particular unit It is
    difficult for the      Department             and the Board to      try   to   assign     uses or
                                                                                                          expand the      development standards
    for   permitted      uses    within the site without            more     detail about those           uses
                                                                                                              They want the           Petitioner to be
    able to    expand      their   uses       and the District overall but             at   the   same   time    they   want the     growth   to be

    within reasonable limits         They            do not
                                                  really              want to      put the Board in the               position of marketing for the
    Petitioner      or
                         provide the ability for marketing for                   the Petitioner But            they    do not want to constrain the
    Petitioner either

L   Mr Hawkins asked Mrs Ardalan if she wanted to
    further He        agreed     with Mrs Torres and would hate to
                                                                                  modify her petition
                                                                                        see    this    pushed
                                                                                                                 The Board could not advise her
                                                                                                                 to the   point it   is declined and
    then she would not be allowed to                     apply for   six months

    Mr Ardalan           co owner            He   appreciated the     efforts ofthe Board and                  requested    all three items be tabled

    Mr Molitor stated if it is tabled                 tonight they      could      come       back next month The            length     of tabling
    would be at the Board                s   discretion

    Mrs Ardalan asked ifthere                     was a   time   period

    Mr Hawkins stated that at                  some   point      the Board could not continue to table it                   indefinitely    After that

    point     she could     re   apply        Ifthe Board votes and it is declined then she must wait six months to re


    Mrs Ardalan          agreed        to table the   petitions

    Mr Molitor recommended the Board                                  to table with the                        the Staff must be advised within
    the   n   xt   three months whether             they   wish to   bring       it back before the Board               Beyond   that   they    would
    need to request permission from the Board to put it                            on   the   agenda again         which would        require

    additional notice

    Mrs Ardalan asked if it would be possible to extend to six months because of the market and the


                                                                                 21 of28
Cannel Board ofZoning               Appeals
Regular Meeting
April 28 2008

Mr Hawkins moved to table Docket Nos 08030014 16 V and 08030026 28 V Monon                                                             Main

Units 3A 3D                  4F

Mrs Barton Hohnes stated that to                     place   an    item   on   the   agenda they would normally            have       one      month
lead time        or    at least three weeks

The motion            was    seconded       by Mr Dierckrnan         and APPROVED 5 0

ISh            Wilson Drive Porch
The applicant seeks the following development standards variance

approval         for   a
                           garage addition
Docket No 08030018 V             Chapter 8 04 03 A       Reduction in                                       required     front                 setback
The site is located at 1 Wilson Drive and is zoned R2IResidential
Filed   by   James          Young       o vner

Present for the Petitioner James                   Young                  He would like to                 the
                                                                                                 bump            existing porch       out four
feet His     existing porch is             outside the building      setback line A site         plan      was   shown A     rendering              ofthe
front porch                 shown He will be                                   roof
                                                     adding a gabled

Members ofthe public                    were   invited to   speak in   favor          opposition     to the
                                                                                                              petition    no one

The Public Hearing                was    closed

Mrs Barton Holmes gave the Department Report This house had received variance
                                                                                    approval in
February to expand the garage to the south This additional variance for the porch addition is to relieve
the appearance of boxiness that would occur with the garage addition It would also
                                                                                      legally establish
a two    foot encroachment into the front                          setback and                 the            extension
                                                            yard                      permit         porch                 by    an   additional
four feet into the front               yard   setback Because it is        a comer      lot there    are   two front             and two side
yards    The      sightingofthe house on the lot and the size of the lot make it hard to expand the house
without      a   variance The Department recommended positive consideration ofthe variance

Mrs Torres moved                  to   approve Docket No 08030018 V Wilson Drive Porch The motion was
seconded         by    Mr Hawkins and APPROVED 4 1 with Mr Potasnik
                                                                              casting the negative vote

19 25h                     Circle KlShell
The   applicant seeks         the      following development standards          variance    approvals
Docket No 08030019 V                           Section 23F 05 01B                     Build to line greater than 10
Docket No 08030020 V                           Section 23F 07 02                      Height   under 26
Docket No 08030021 V                           Section 23F 07 01                      One   occupiable floor
DocketNo 08030022 V                            Section 23F 08 01                      Floor Area Ratio minimum 0 5
Docket   No 08030023 V                         Section 23F 06 02                                 minimum 700 h
Docket No 08030024 V                           Section 23F 15 02                      Parking located in front of building

Docket No 08030025 V                           Section 23F l1 03
                                                                                      Landscaping          screening
The site is located at 1230 South
                                                Rangeline Road      and is zoned B3lBusiness within the Carmel                          Rangeline
Road    Overlay
Filed   by Donald          Fisher of Insight                   for Mac
                                                 Engineering               s   Convenience Stores LLC

                                                                           22 of28
    Carmel Board of Zoning        Appeals
    Regular Meeting
    April 28 2008

    Present for the Petitioner Donald Fisher Insight Engineering They are proposing to remodel and

u   expand the existing Circle KlShell Staff has requested these items be tabled so they can go to the
    Special Studies committee and work out the details of what they are trying to do

    Mr Molitor        suggested Mr         Hawkins ask ifmembers of the            public   were   in the audience to   speak   in
    favor or   opposition        to the   petition

    Members of the        public            invited to   speak   in favor                        the
                                    were                                    or
                                                                                 opposition to         petition

    Mr Carter ofthe Cannel                                  Commission
                                          Redevelopment                      was    present but    was   not opposed to the items

    being    tabled until the next         meeting

    This item      was   tabled to the     May   19 2008    meeting

    2Gb                  Mueller     Property SaHth Uedcrgraued            Limest6ee                    TABLED UNTIL MAY 19
    The   applicant   seeks the    follmving special use approyul
    Docl et No 08939932 SU                   Appendix A     Use Table            UedcrgroHBd minilllg io     residcotial district
    The 96    acre   site is located at 5345 East  106tA    Street and is zoned SlResidential
    Filed   by H   Wa    l1e   Phears of Ph ears and Moldoyan for Martin Marietta Materials Inc

    27h                  Woodland          Perkins   Garage   Addition              MOVED FROM HEARING OFFICER

u   The applicant seeks the
    Docket No 08030033 V
                                   following development
                                             Section 7 04 03 A
    The site is located at 201 Woodland Drive and is zoned Rl
                                                              standards variance   approval
                                                                              Encroaching into 35 front yard setback
                                                                            Single Family Residential
    Filed   by Ross      Buffy Perkins       owners

    Present for the Petitioner Jim Shinaver Nelson                                          Also present
                                                                       Frankenberger                         were   Ross and   Buffy
    Perkins    owners
                           They purchased        this home in June 2007 An aerial                            ofthe
                                                                                             photograph              area was   shown
    They purchased        the home with the intent to make
                                                        significant investment to remodel the interior and

    the exterior ofthe home in order to create a dream home for the family A closer aerial of the
    property was shown After hiring an architect in August 2007 they inquired if variances would be
    needed    They     were
                            initially advised that no variances were required Prior to commencing
    construction      they did find out that a variance would be needed for a potential encroachment into the
    front   yard   setback This is a corner lot with a unique shape Based on the footprint ofthe
                                                                                                 existing home
    and the   configurationon the lot
                                      they are limited in the manner in which they can construct a home
    addition that will accommodate the reasonable needs for their family The
                                                                                proposed addition will
    provide additional living space and a new garage area Upon completion of the improvements it would
    add considerable value to their home A    rendering ofthe site plan was shown with the addition
    highlighted   Their current garage and driveway are located off Cardinal Drive Because this is a comer
    lot it is considered a front yard setback
                                              Photographs ofthe home and surrounding area were shown
    with the location of the garage addition indicated After the          was filed and discussed witb the
    Staff   changes     in the location
                                             were    made  proposed addition furtber north There are

    significant trees and tree cover on the
                                            property especially along the southern property line lfthe front
    ofthe home that faces out toward Woodland Lane was the only front yard on this corner
                                                                                               parcel the
    western yard could be considered a side         Then the encroachment requirement would go down to
    ten feet With two front yards it
                                      impacts where they can encroach There is a 35 foot front yard

                                                                 Page 23 of 28
Carmel Board of Zoning          Appeals
Regular Meeting
April 28 2008

setback     requirement         Because this       portion   ofthe lot is curved the             area   for encroachment would be

about 21 feet at the most and 9 feet at the least Due to the classification of a                                 comer   lot and the western
yard   as a     frontyard      the
                             unique shape             of the     parcel    and the
                                                            existing building footprint the lot does
present     a   hardship Absence an approval             request they would be denied an opportunity
                                                            of the variance
to provide a home addition for this garage on this portion ofthe house Based on how the house

currently sits and how the internal portions ofthe house currently function they do not believe they
can   putgarage addition and significantly remodel the interior on any other side ofthe home because

ofthe setbacks and getting the driveway to the garage The only other option would be to demolish the
current home and construct                                withfront load garage
                                          a new one              a
                                                                   They have made sure the design ofthe
remodel would be consistent with the                  existing home using the
                                                                       building materials and
architectural requirements They have made some concessions from their original plans
                                                                                            by scaling it
back and pushing the garage further north It was their understanding the Staff would
                                                                                          support a
positive consideration ofthis particular proposal The Staff Report points out the materials would
match the existing home the garage addition would be
                                                         only one story like the rest of the home and
with the existing tree cover around the site the overall visual
                                                                impact ofthe addition would be minimal

Members of the          public               invited to              in favor
                                                          speak                 or
                                                                                     opposition   to the   petition

Ann O Hara    attorney with Church Church Hittle     Antrim representing Hans Wuelfing 21 Cardinal
Lane south ofthe   parcel They did not feel the variance being requested was a practical difficulty for
the Perkins From their application they are requesting to build a 4 car
                                                                        garage and anew car court
They appreciate  the interest in developing the property however they did not feel it was an undue
hardship or practical difficulty Their Findings ofFact stated this proposed addition would not have
any adverse affect to the neighborhood or the adjacent properties
Hans    Wuelfing displayed pictures               of the                   in the immediate
                                                           properties                              area        His property is directly
south ofthe Perkins                           Cardinal Lane is a rather unique                     It is       dead end street A picture of
                               property                                                    area            a

the three                           Cardinal Lane
              driveways        on                     was    shown His           driveway    is the center       one   His home sets   a   little
lower than the other two which set                           knoll A picture ofhis home
                                   up                 on a                                              was      shown   looking north
toward the Perkins property He has two issues The Perkins home was built in 1957 and there was an
addition built in 1982 The addition in 1982 created a drainage problem for his
                                                                               property with the drain
spouts    flowing toward his property The current driveway also slopes toward his property The edge of
the   driveway has deteriorated because ofthe excessive flow of water off the Perkins house A picture
indicating the difference in the site elevations was shown There is about two and one                                      half feet
difference with the slope going down toward his property Prior to the
                                                                       building of the                                     1982 addition
there was enough ground coverage to absorb the runoff of water on the original house                                       The Perkins
property is considerably higher than his property Another          showed the          picture                    damage   that had been
caused by the        shifting    oftheunderground subsoil against the edge ofthe fence It also                             showed the
cracking that        he felt   was caused by water that has shifted
                                                                    against his fence and caused
                                                                                       an encroachment

onto his property line The next picture showed the view from his
                                                                   property toward the Perkins
property A new view with the proposed garage was shown In his opinion it is not appealing to have
the area blocked He felt the shaping ofthe roof and the additional
                                                                   downspouts would compound his
water problems Because the elevation
                                       slopes down toward his property it will create additional
problems He will lose the openness ofhis view toward the Perkins
considered the needs of Mr and Mrs Perkins it was based upon

hardships       He   thought     it   was
                                                                              He felt when the Board
                                                                                             preferences         rather than needs or
                                             questionable as to whether they could or could not build in other parts of
their lot It may not be their first             preference but the northern part ofthe lot has better drainage which
                                                                     Page 24   of 28
    Carmel Board of Zoning       Appeals
    Regular Meeting
    April 28 2008

    would resolve his        problem     It would also not obstruct any views and in the wintertime the garage

    would deflect the        snow     which would then accumulate in his driveway Building on the front of their lot

    may not be desirable but would be more                    practical to accommodate his concerns and needs for
    drainage problems            He   was   concerned with      drainage and the negative affect the obstruction could                             have
    on    the resale value of his home because of the                tight enclosure within        a   restricted   area

    Robert Heinlein 151 Woodland Lane                    across     the street west from the Perkins residence                   Hardship
    reasonable needs and twenty one feet encroachment were difficult for him He hoped the Board
    understood the lay ofthe land the drainage and the neighborhood ambience from Mr Wuelfing                                                  s

    pictures      He had submitted       a   letter to the Board      on
                                                                           April 20th asking      that this variance not be             approved
    In 2004 he had         new   addition    plans   for his house which were similar to Mr Perkins                      plans        The thirty
    five feet setback rule        was  made very clear That was thirty five feet from the right of way which was
    considered to be forty         feet wide Literally that was fifty five feet from the center ofthe street His

    building permit was held  up at that time because there was some question about the location ofhis
    house    the propeliy An inspector came to his lot and measured to make sure his two additions did

    not encroach on the fifty five feet from the center of the road Have the rules changed since 2004 This

    proposed      addition is too close to the street It will stick out             forty   two feet further than any house                    on

    Cardinal Lane No house in the Woodland Subdivision is that close to the street There                                        are   alternative
    ways to add       a master    bedroom and bath This house               already has     a   three   car
                                                                                                              garage To him this is not
    the only practical way to add reasonable living space He felt they needed to find a plan that fits the
    Zoning Code before asking for a variance that is going to block views and flood yards Drainage was
    his biggest contention This would be a 1470 square feet garage slab
                                                                          downspouts parking tarmac and
    another 3500 plus square feet that would flood his front yard which is across the street and downhill
    He felt whenever it rained the water would run from the tarmac into his yard His family has lived at
    this   property      since 1955 and he knew the        drainage problems and water                  runoff characteristics this

    proposal      will           He shared         photograph he had taken that day at 2                30 PM                           drizzle It
                         cause                 a
                                                                                                                during      a
    showed water between his house and the Perkins house that had run offthe Perkins property into his
    front yard This was not a heavy rain and the proposed huge tarmac and garage slab were not installed
    This proposal would negatively impact his property and cause serious flooding problems The

    neighbors      were    notagainst Mr       Perkins   improving         his property but it should not be done to the
    detriment of his       neighbors

    Tim  Kavanaugh 20 Cardinal Lane across the street from the Perkins They bought their home in 2005
    and remodeled extensively They are thrilled to be in their location Cardinal Lane has only four
    houses He had measured the street before coming to the meeting It measured fourteen and one half
    feet wide There is not room for two cars He indicated Cardinal Lane on the site plan He felt Cardinal
    Lane would be dwarfed by the Perkins driveway When he goes down his street he will see their

    driveway and think he will need to drive down to the servant s quarters He thought everyone should
    have the right to build their dream home But when their dream home creates a nightmare for their

    neighbors it is the Board s responsibility to deny it He felt bad about mentioning that the Perkins have
    owned the property for about one year and the yard is a mess It has been a mess since day one The
    trees have not been trimmed and the leaves have not been raked
                                                                       Maybe they are trying to get rid of
    the grass and leaves with the additions So far they have not made a good
                                                                               impression on anyone in
    the   neighborhood

u   Rebuttal
    Mr Shinaver stated that           currently there    is   a
                                                                  garage that   serves   the home Based          on   the   proposed
    remodel the current garage would become                    living space Since the current garage would be                         living
                                                                  Page 25 of28
Carmel Board of       Zoning Appeals
Regular Meeting
April 28 2008

space they propose a garage addition The original proposal for the garage addition was closer to the
southern property line Itwas designed to accommodate three cars to pull in with another bay in the
back that could accommodate
modified and

regards     to the
                                                a   fourth vehicle if needed Based on the way the request has been
                                    it back further to the north this would
                                     about     drainage       the Perkins
                                                                                only accommodate a three car garage In
                                                                            purchased the property in            2007 Mr Perkins had             a
general      conversation with Mr               Wuelfing        the   neighbor to the south regarding            the   proposal   There    was

                           drainage and the fence line Mr Perkins does not admit or concede that
        discussion about the
whoever owned the property prior to them created the drainage problem The comment he wanted to
make to his neighbor was that if there was something the Perkins contractor could possibly do
the course of the remodel to be of some assistance as it relates to drainage Mr Perkins would have the
contractor look into that This is a one story addition to the existing one story home It is a
                                                                                              unique site
and area A significant tree cover does exist on the southern property line Based on the way the house
sits        the lot       little          to the east he was sure the                           believe
       on             a            more
                                                                                   neighbors              they will be able    to   see   the
addition and it will obstruct their view At the                           same   time the Perkins      are   convinced that it will not be
that much of an obstruction                              The view back to the south toward the
                                              visually                                                          golf course   is not   being
affected for the southern property                   owners      With the current          footprint   of the house he did not believe it
was    feasible to remodel any other way                      Going       offthe Cardinal Lane  roadway seems to be the                most
viable option but in order to do that                    they   will have        an encroachment issue
                                                                                                       They are trying to
accommodate the site If they tried to put the garage addition on the north side on the front ofthe house

along Woodland it would probably not work and they would tear the house down and build a two
story home  They have spent time with their architect and contractor trying to design                                     the best site It is
disappointing the neighbors are not accepting ofthis proposal

The Public      Hearing was closed                                                                                                                    o
Mrs Barton Holmes gave the Department Report This proposed addition would be the second such
addition to this house the first was constmcted on the south side of the house expanding the garage
and was approved in 1982 When the Department considers requests they look at the overall
and how similar the addition is in terms ofsetback to other additions that have been done in the                                          area

and the overall context The site is within                      older neighborhood Several houses have had additions
                                                                an                                                                               or

other modifications In              some cases         houses have been tom down and rebuilt The Department
considered the context of the   neighborhood the style ofarchitecture and the building materials in the
area  Although the encroachment would be greater than the majority ofother setbacks in the area the
overall design and materials being used for the house were context sensitive It was the Department s

feeling that it did mitigate to a great extent the decreased setback along the site With regards to
Woodland Drive it is a very narrow road However it was platted out at forty feet and less than
feet were ever paved It is a forty foot right of way and the encroachment would be measured from the

edge ofthe property line That does help increase the visual buffer give or take ten feet of additional
right of way that was never paved on either side of the street That also helps mitigate some ofthe
impact The Department recommended positive consideration

Mr Broach did drive                on   Cardinal Lane                   It is very pretty and quiet It stmck him as he
approached       Mr
                 Wuelfmg property         s              on   Cardinal Lane that the elevation changed To him the drainage
issue was significant Unless some evidence

                                                                     is   provided    that it will be mitigated he was not in favor of
the variance

Mr Hawkins asked if the                               had been reviewed
                                        drainage                                   as
                                                                                        part of the application

                                                                      Page 26     of 28
    Cam1el Board of Zoning       Appeals
    Regular Meeting
    April 28 2008

    Mrs Barton Holmes said the                 clrainage     would be reviewed at the                permit       level with   regard to pervious

    surface and       drainage     The Department would recommend to the Petitioner that                                 some       kind of pervious

    pavement be used        on
                                   part ofthe driveway and part ofthe parking                          area   That would           help   to offset the
    additional       impervious     surface and      help      to   mitigate   the    drainage       issue

    Mr Shinaver stated the             driveway would be constructed                   of pervious pavement materials                      They would
    not   be issued    building permits if they did not satisfy                     any concerns related to drainage

    Mr Potasnik asked to            see   Mr    Wuelting        s   picture   of his view after the garage addition

    Mr     Wuelting     felt the   picture represented              his view after the addition He admitted it                     was    not the     same

    architecture or to scale but any openness and view to Cardinal Lane would be gone Ifthis                                                   were    the
    back ofhis house the view scenic aspect would not necessarily be a major issue

    Mr Potasnik felt this          representation showed clearly that                   Mr                        property would be affected in
                                                                                                  Wuelting    s

    an   adverse way not withstanding the surface                      drainage issue

    Mr Shinaver stated the garage addition overlay in the picture was covering all the trees in the buffer

    They will be preserving as many ofthose trees as possible and felt they would provide screening

    Mr Dierckman asked for details about the garage

    Mr Shinaver stated it would be                   three           garage with three
                                                 a             car
                                                                      separate bays He indicated the garage on
    the siteplan       The closest
                              point                 line will be tifteen feet The original proposal showed
                                                to the
    the garage addition in line with the existing garage making one flat plane However the plans have
    been revised pushing the garage about ten feet further north The portion ofthe current driveway that
    would     longer be needed would be pulled up and planted in grass and other landscaping to provide

    screening That is the portion Mr Wuelting would view A picture was shown ofthe southeast comer
    of the Perkins parcel that adjoins Mr Wuelfing

    Mr Perkins 9921         Estep      Drive     They were going              to   try tokeep the architecture basically the same The
    colors would                 and             roof would be installed
                       change           a new
                                                                                        Essentially the inside will be gutted down to
    the studs and walls would be moved The exterior would keep the same basic footprint with the
    addition ofthe garage extension Elevations would be a little different with a California contemporary
    look   They would use              stacked stone vertical                       The brick would be painted
                                                                        siding                                                as   well

    Mrs Barton Holmes     suggested a couple of conditions for the Board and Petitioner to consider if this
    should be   approved    drainage plan should be drawn up for review by the Department of Engineering
    A   landscape plan with a focus on the southern property line should be drawn up for review by the
    Urban Forester

    Mr Potasnik felt the         drainage plan        should be reviewed and submitted for Mr                                                 information
                                                                                                                       Wuelfmg            s

    He feft uncomfortable in                             thepetition      after it has been submitted and
                                       negotiating                                                                        a   Public      Hearing      has
    been   opened and     closed It should be

                                                         approved or denied                 as   submitted

    Mr Hawkins felt        they    should talk with the             neighbors       and get                   and                              in
                                                                                                  landscape          drainage plans                 place   He
    did not    see
                     any great hardship        at this   point       He understood the remonstrators                                  with

                                                                       Page   27 of 28
Carmel Board of       Zoning Appeals
Regular Meeting
April   28 2008

He    thought    it         great the Perkins                  trying to     add value to the
                      was                               were
                                                                                                 neighborhood     but   everybody    needs

to be comfortable with the                project

Mr Dierckman      agreed He would like to see how the back ofthe garage would look There is ail
opportunity   for potential buffering and he would like to understand the
                                                                          drainage He would like to                                   see

the Peti tioner table the variance and come back with final plans

Mr Shinaver stated                they agreed to table the          variance and       come   back next month with      a
                                                                                                                            drainage plan
and treatment ofthe southern                property line

Mrs Torres felt there                 were some
                                                     positive things      that could            with the
                                                                                                           drainage bytaking up the
asphalt    and   installing pervious

I         Old Business

There was no Old Business

J         New Business

There    was no       New Business

K         Adjournment
Mr Dierckman moved to                            The motion was seconded by Mr Hawkins and APPROVED 5 0
The     meeting adjourned              at 10 25 PM

S Board of Zoning           Minutes
                            Appeals    Board of
                                                  Zoning Appeals   2008 20080428 rtf

                                                                      Page 28 of28

Shared By: