[A. Call to Order] [B. Pledge of Allegiance] [00:00:11] >> GOOD EVENING AND WELCOME TO THE ZONING APPEALS REGULAR MEETING. I CALL THIS MEETING TO ORDER. BEGIN WITH THE PLEDGE OF ALLEGIANCE. [MUSIC] >> I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. THE REPUBLIC, ONE NATION, UNDER GOD, AND AS WELL, WITH LIBERTY FOR ALL. [MUSIC] [C. Roll Call] >> WILL THE SECRETARY CALL THE ROLE PLEASE? [D. Declaration of Quorum] [E. Approval of Minutes and Findings of Facts of Previous Meetings] >> PRESENT. LEAH DOCUMENT? BRAD GRAYBILL? JAMES HAWKINS. PRESIDENT PITT HAS NECK? >> PRESENT. WE HAVE A QUORUM. APPROVAL OF MINUTES AND FINDINGS OF FACTS WITH PREVIOUS MEETINGS. IS THERE MOVE ON MOTION TO APPROVE THE MINUTES? >> SO MOVED. >> MOVED AND SECONDED ME APPROVE THE MINUTES. THE PREVIOUS MEETING. ALL THOSE IN FAVOR SAY I. >> I. ANY POST? >> WE ALSO HAVE FINDINGS OF FACTS OF A PREVIOUS MEETING. SERGEI, WOULD YOU MIND GLOBE BRINGING OVER THIS FOR EVERYBODY?>> OF COURSE. >> GOOD EVENING. THIS IS A FACT THAT YOU REQUESTED THE LEGAL COUNSEL TO DRAFT FROM THE ADMINISTRATIVE APPEAL FROM DOCKET NUMBER PC 2022 Ã0002A. WHICH WAS ADMINISTRATIVE APPEAL FOR THE DECISION LETTER DETERMINATION BY DOCS DIRECTOR. DIRECT FROM MIKE COLUMBA, THAT THE APPEAL WAS DENIED. NOT LAST MONTH, BUT THE MONTH BEFORE. HE DID HAVE A MEETING LAST MONTH. THIS IS A FACT COMMEMORATING TO KNOW. >> SINCE MAY DENIED THAT, THANKS. WE NOT HEAR FROM THE ATTORNEY THE FINDINGS OF FACTS. THOSE NEED TO BE VOTED ON. APPROVED. SO, ALL THOSE IN FAVOR. LET ME JUST SAY THIS. IS THERE A MOTION? >> I MAKE A MOTION TO APPROVE THE FINDING OF FACTS. DOCKET NUMBER PC 022 Ã0002A. >> SECOND. >> SECOND. IT'S BEEN MOVED AND SECONDED. WE APPROVE THE FINDINGS OF FACTS. ALL THOSE IN FAVOR?AY I. [F. Communications, Bills, and Expenditures] >> I. >> ANY POST? >> DOES HAVE BEEN APPROVED. >> THANK YOU. THANK YOU. ANGIE COMMUNICATIONS BILLS AND EXPENDITURES. >> SIR, THANK YOU. THERE WAS AN ITEM FOR THE 1135 NORTH MICHIGAN APARTMENT EXPERIENCES AND THOSE HAVE BEEN TABLED TO ME. [G. Reports, Announcements, Legal Counsel Report, and Department Concerns] THAT IS NOT REFLECTED ON THE AGENDA YET. BUT A REVISED AGENDA SHOULD HAVE ONE TALENT. [H.(V). Culver's Restaurant Variances ] THANK YOU. >> THANK YOU.ND ANY OTHER REPORTS WERE LEGAL COUNSEL REPORTS OR DEPARTMENT CONCERNS? CONCERNS? >> NO SIR. >> THANK YOU VERY MUCH. WITH THAT, WE WILL GO TO THE ITEM ON OUR AGENDA FOR THE NIGHT. AS ANGIE SAID, FIRST ITEM HAS BEEN TABLED TO MAY 23. AND SO, WE GO TO COVERTS RESTAURANT VARIANCES. ADVOCATE SEEKS THE FOLLOWING DEVELOPMENT VARIANCE APPROVALS. DOCKET NUMBER PC Ã 2022Ä0040. THE SECTION 5.30. PARKING SPACES SOME REQUIRED FOR THE 46 REQUESTED DOCKET NUMBER PTZ 4022Ä0 42V. SECTION 2.32 LOT COVERAGE AT 60 PERCENT A LOT. 68.3 PERCENT REQUESTED. YOU MAY PROCEED. >> THANK YOU SIR. FOR THE RECORD, JIM SHOULD NEVER PUT ATTORNEY LAW WITH NELSON AND FRANK GOLDBERGER. AL, IF YOU COULD GEAR UP THE OVERHEAD SO I CAN USE SOME OF THESE EXHIBITS. THANK YOU SIR. PRESENT TONIGHT ON BEHALF OF THE APPLICANT, BOB GOLLANCZ AND DOGS OVER WITH CULVERS RESTAURANTS AS WELL AS BILL TERRY, OUR CIVIL ENGINEER WITH WHITE ENGINEERS. THE PETITIONER KJ INVESTMENTS ALONG WITH CULVERS RESTAURANT IS SEEKING TO REDEVELOP THE SUBJECT SITE, WHICH APPEARS THE AERIAL PHOTOGRAPH APPEARS ON THE OVERHEAD BEFORE YOU. THE PROCESS OF SEEKING APPROVAL OF THAT CULVERT ÃTHE STATUS OF [00:05:06] FILE DEVELOPMENT PLAN AND APPLICATIONS CURRENTLY BEING REVIEWED BY THE PLAN TO COMMISSION COULD WE ATTENDED A COMMITTEE MEETING AND HAVE ANOTHER ONE COMING UP. THAT IS WELL UNDERWAY. WITH THAT SAID, THIS REAL ESTATE SUBJECT TO REAL ESTATE IS ZONED BA BUSINESS AND IT WOULD PERMIT RIGHT OR RESTAURANT, WHICH IS CULVERS IS SEEKING. YOU COULD SEE THAT THE SITE IS SOUTH OF AND ADJACENT TO CARMEL DRIVE. AND THAT IS THE PRIMARY ACCESS. AND THEN IT IS WEST OF AAA WAY. THIS PROPERTY ALSO SHARES ACROSS ACCESS SEESMIC WITH THE SITE. IT CAN ALSO GO SOUTH. THERE IS A ROAD THAT CONNECTS BOTH OF THOSE PROPERTIES. S YOU PROBABLY ARE ALL AWARE, LIVING IN CARMEL FOR SOME TIME, THIS SITE WAS THE KITCHEN OF A CAR WASH FACILITY. WHICH IS SET DORMANT AND VACANT FOR SOME TIME. SO, CULVERS IS EXCITED ABOUT THE OPPORTUNITY TO BRING THIS NEW BUSINESS TO OUR COMMUNITY. >> JIM, IF YOU COULD HOLD UP A SECOND. I MUST APPEAR. BECAUSE I NOTICED THAT THERE IS A NEW AGENDA. AND DOCKET PC 2022 Ã00043V ALSO IS INCLUDED IN THIS. AND I DID NOT READ THAT. DO I NEED TO DO ANYTHING TO AMEND NOW? SORRY ABOUT THAT. WANT TO MAKE SURE YOU ARE ALL RIGHT. >> WITH THAT SAID, MOVING ON HERE TONIGHT. THREE VARIANCES THAT WE ARE REQUESTING THAT I WILL EXPLAIN TWO. NUMBER TWO ARE SITE RELATED TYPES OF VARIANCE IN VARIANCES AND ONE RELATES TO SIGNAGE. EGARDING THE SITE RELATED VARIANCES ÃÃTHIS IS THE SITE PLAN, WHICH IS INCLUDED BEHIND TAB THREE OF YOUR BROCHURE. REGARDING VARIANCES THAT CULVERS IS SEEKING. THE FIRST RELATES TO THE REQUIRED PARKING STANDARD FOR THIS TYPE OF USE. THE UTO STANDARD REQUIRES 70 PARKING SPACES AND VARIANCE REQUEST 46 SPACES. WE DID INCLUDE BEHIND TAB FIVE OF YOUR BROCHURE AND DETAILED FUNDING OF FACTS REGARDING THIS REQUEST. I WOULD POINT OUT IS ALSO STATED IN THE STAFF REPORT, A MAJORITY OR A GOOD PERCENTAGE OF CULVERS BUSINESS GOES THROUGH THE DRIVE-THROUGH FACILITY. THEY DO HAVE A DOUBLE STACKED LANE TO ACCOMMODATE THAT. AND SO, THAT WAS ONE OF THE RATIONALES RELATED TO SEEKING THE PARKING VARIANCE IN ADDITION TO TRYING TO MAXIMIZE THE CURRENT LAYOUT OF THE SITE. THERE IS CURRENT IMPROVEMENTS WHILE THE BUILDING WILL COME DOWN. THERE ARE SOME PARKING FIELDS THAT CAN BE UTILIZED. WITH THAT SAID, THE SECOND VARIANCE RELATED TO THE SITE PERTAINS TO THE MAXIMUM PARTIAL COVERAGE APARTMENTS, WHICH FOR THE VIDEO WOULD BE 60 PERCENT. AND CULVERS IS SEEKING A VARIANCE REQUEST PERMIT 68.3 PERCENT PARTIAL COVERAGE. AGAIN, PART OF THAT IS SOME OF THE EXISTING PAVEMENT THAT WAS TO BE UTILIZED ON THE SITE IN ORDER TO REDEVELOP. AGAIN, BEHIND TAB SIX, WE ALSO INCLUDED FINES AND FACTS TO EXPLAIN THE RATIONAL BEHIND THAT REQUEST. THESE NEXT EXHIBITS ARE INCLUDED BEHIND TAB FOUR OF YOUR BROCHURE AND INCLUDE THE BUILDING RENDERINGS REASON ANSWERING THEM TO YOU IS ONE, WE ARE PROUD OF HOW THE BUILDING DESIGN IS PROGRESSING AND WE APPRECIATE THE INPUT. AND INVOLVEMENT IN THE COMMENTS THAT STAFF HAS PROVIDED TO US. WITH THIS PARTICULAR EXHIBIT, YOU COULD SEE THAT REGARDING SIGNAGE JUSTICE THE UTO DOES THIS BECAUSE WE ONLY HAVE ONE STREET FRONTAGE WOULD PERMIT ONE SIGN FOR THIS SITE. CULVERS IS SEEKING BOTH THE GRANDSON THAT WOULD BE ADJACENT TO CARMEL DRIVE AS WELL AS ONE WALL SIGN THAT WOULD BE TO THE NORTH FACING CARMEL DRIVE. SO, THAT IS THE NORTH ELEVATION WHERE THAT WALL SIGN WOULD BE LOCATED. WHAT WE ALSO INCLUDED OTHER RENDERINGS OF THE ELEVATION TO SHOW ALL FOUR SIDES AND HOW THAT NORTH WALL SIGN APPEARS. AND FINALLY THIS EXHIBIT IS THE PROPOSED GROUND SIGN. AGAIN, IT WOULD BE ADJACENT TO CARMEL DRIVE. IT WOULD NOT BE AN ELECTRONIC READER BOARD. IT WOULD SIMPLY BE A MANUAL CHANGE COPY, BUT IT WOULDN'T MEET ALL DESIGN SPECIFICATIONS THAT CARMEL HAS PROGRAM SIGNS AT THIS TYPE.ND AS YOU CAN SEE, BASED ON THE RENDERINGS OF THE BUILDING MATERIALS MAKE UP THE BASE AND THE SIGN ITSELF ARE CONSISTENT WITH BUILDING Ã ÃARCHITECTURE. FROM THEM ALSO THAT, SIMILAR TO THE OTHER TWO VARIANCES, WE PUT IT BEHIND TAB SEVEN OF THE BUSH EFFECT. EXPLAIN THE RATIONAL BEHIND THAT REQUEST. IN CONCLUSION, AGAIN, CULVERS IS EXCITED WITH THE POSSIBILITY OF BECOMING PART OF CARMEL'S BUSINESS COMMUNITY. WE LOOK FORWARD TO REDEVELOPING THIS VACANT SITE. AS YOUR STAFF REPORT STATES TO ASSIST STAFF IS SUPPORTIVE OF THESE NUMB THREE VARIANCE REQUESTS. AND AGAIN, WE APPRECIATE THEIR [00:10:03] ASSISTANCE AS WE GO THROUGH THE PROCESS. WE THANK YOU FOR YOUR TIME TONIGHT AND WE WILL REMAIN AVAILABLE TO ANSWER QUESTIONS THAT YOU MIGHT HAVE EITHER NOW OR AT THE CONCLUSION OF THE PUBLIC HEARING.HANK YOU. >> THANK YOU. >> THIS IS A PUBLIC HEARING. IS THERE ANYONE HERE THIS EVENING WHO WISHES TO SPEAK EITHER IN FAVOR OF OR AGAINST THIS PETITION? AYING NONE. I WILL CLOSE THE PUBLIC HEARING SUBJECT TO THE STAFF REPORT. >> THANK YOU. ALL THESE VARIANCE REQUESTS HAVE BEEN REVIEWED THOROUGHLY AS WELL AS THE DESIGN AESTHETICS OF THE PROJECT. WHICH IS CURRENTLY UNDER REVIEW AT THE PLANNED COMMISSION COMMITTEE LEVEL. THEIR NEXT MEETING IS THURSDAY, MAY 5 FOR THE ARCHITECTURE AND DESIGN PLANNING STAFF IS SUPPORTIVE OF ALL THREE VARIANCE REQUESTS. THE PETITIONER STATED ÃÃA LOT OF THEIR BUSINESS IT IS DRIVE-THROUGH RATHER THAN PARKING AND EATING INSIDE THE BUILDING. SO, THIS VARIANCE MAKES SENSE TO US. AND THE LOT COVERAGE VARIANCE Ã THIS THERE IS A SITE REQUEST FOR SPECIAL REQUEST FOR SITE INCREASE OF 8.3 PERCENT. THE ENGINEERING DEPARTMENT HAS NO MAJOR CONCERNS WITH THAT. AND REGARDING SIGNAGE, AND THE PROPOSED WALL SIGN AND IN GROUND SIGN OUR PROPORTIONATE TO THE BUILDING SIZE. THEY ARE NOT TOO LARGE OR TOO INTRUSIVE. AND HELP WITH WAYFINDING FOR THE PATRONS. WE ARE SUPPORTABLE THAT AS WELL. WE DO RECOMMEND POSITIVE CONSIDERATION OF ALL THREE VARIANCES. HANK YOU. >> VERY GOOD, THANK YOU. MEMBERS OF THE BOARD, ANY QUESTIONS OR CONCERNS? GOOD. >> JIM, IS THE PARKING COUNT OF 46 SPACES, DOES THAT INCLUDE THE EIGHT? WAIT FOR PICKUP? SPACES? >> WAIT FOR PICKUP? I DON'T BELIEVE WE WOULD'VE INCLUDED THOSE IN THE PARKING COUNT. >> SO, THERE ARE 46+8. .46+. 46 DESIGNATED FOR CUSTOMERS THAT WANT TO COME AND DINE INSIDE COULD. >> THANK YOU. >> WOULD YOUR CLIENT BE MOUNTABLE TO COMMITTING TO I GUESS AS PART OF THE EMPLOYEE ONBOARDING PROCESS?> CLEARLY INSTRUCTING EMPLOYEES NOT TO PARK AT FLANDERED CANNON NEXT-DOOR? >> YES. >> THE EMPTINESS OF THAT LOT CAN BE TEMPTING FROM TIME TO TIME. BUT, THAT WOULD BE JUST AS YES, I MEANT NO DISRESPECT TO MY CLIENT. THAT IS SOMETHING THEY CAN AGREE TO. >> .COULD. >> IF YOU WANT TO MAKE THAT A CONDITION OF APPROVAL, WE WILL BE SURE THAT THAT IS PART OF THE ONBOARDING PROCESS OF ANY NEW EMPLOYEE THAT THEY HIDE. >> OKAY. >> ANYONE ELSE? >> YES JIM? >> JIM, ONE QUICK QUESTION. AN YOU POINT OUT, MAYBE I MISSED IT WERE THE SIGN IS GONNA BE? LOCATED ON THE STREET? >> YES. >> THERE WILL BE A GRANDSON LOCATED ÃTHIS IS NOT SIGN THE SECOND ONE. MR. HERE. WALL SIGN WILL BE ON THIS NORTH ELEVATION. AND GRANDSON WILL BE ON THIS FACILITY OUTSIDE OF THE RIGHT-OF-WAY REAL ESTATE AND IT WILL NOT IMPEDE WITH ANY VISION CLEARANCE TRIANGLES OR OTHER OR ANYTHING OF THAT NATURE PER. > THANK YOU, THANK YOU. I WAS WORRIED ABOUT THE DRIVE COMING OUT OF THE FUNERAL HOME AND WHETHER THAT WOULD OBSTRUCT THE VISIBILITY OF THE ROAD AND SO, THANK YOU. >> ANYONE ELSE? IS THERE MOTION? >> AM SORRY TO INTERRUPT. WAS THE PUBLIC HEARING OPEN? IS ONE WHICH OF THE PUBLIC HEARING, FAMILY FROM PUBLIC CREDIT WANT TO MAKE SURE. SORRY. IN ONE OF MANY PROCEDURAL ISSUES. >> AND MOVED TO APPROVE THE DOCKET PC Ã2022/0040V. SUBJECT TO PETITIONER'S AGREEMENT TO INSTRUCT ALL EMPLOYEES TO AVOID PARKING AT FLANDERED BUCHANAN.ND TO IMPROVE DOCKET PC DOCKET 22Ä042 THE. AND PC 22/0043 B. >> SECOND. >> IT HAS BEEN MOVED AND SECONDED THAT WE APPROVE DOCKET NUMBER RUPEES A Ã2022 Ã 00040V. SUBJECT TO AN AGREEMENT TO INSTRUCT EMPLOYEES TO AVOID PARKING IN THE BUCHANAN LOT AND PC Ã2022 Ã0042 AND 43B. WITH THE ADOPTION OF THE FINDINGS AND FACTS SUBMITTED BY THE PETITIONER. WE DO A VOICE VOTE NOW. ALL THOSE IN FAVOR OF THE [00:15:02] MOTIONS SAY. >> I. >> ANY POST? NONE? THEY HAVE BEEN APPROVED. >> THANK YOU, WE DO APPRECIATE IT. IF IT IS CONVENIENT, I HAD PRINTED OUT FINES AND FACTS. YOU DON'T HAVE TO TELL THEM OUT OF YOUR BROCHURE IF YOU LIKE THEM. IT IS YOUR CALL. OKAY. OKAY. CUSTOMÁ [INDISCERNIBLE] [LAUGHTER] >> * This transcript was compiled from uncorrected Closed Captioning.