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>>> I WOULD LIKE TO CALL THIS MEETING OF THE BOARD OF ZONING APPEALS SEPTEMBER 23RD 2024 TO ORDER. IF EVERYBODY WOULD STAND
FOR THE PLEDGE OF ALLEGIANCE. >>
CAN WE GET A ROLL CALL PLEASE? >>
[D. Declaration of Quorum]
[E. Approval of Minutes and Findings of Facts of Previous Meetings]
WE HAVE A QUORUM. I NEED APPROVAL OF MINUTES AND FINDING A FAX FROM THE PREVIOUS MEETING.>> I DON'T REMEMBER WHEN THAT WAS.
>> MOVED TO APPROVE THE MINUTES AND ADOPT THE FINDINGS OF
>> ANY DISCUSSION? ALL THOSE IN FAVOR. OPPOSED?
>> COMMUNICATION BILLS AND EXPENDITURES.
>> THAT WOULD BE A NO. REPORTS ANNOUNCEMENT LEGAL COUNSEL AND
[H. (UV) Recovery Auto Use Variance Renewal.]
DEPARTMENT CONCERNS. NONE. WE ARE GOING TO BE EASY TONIGHT.WE HAVE ONE PUBLIC HEARING. DOCKET NUMBER PC 202 FOR 00132.
AND JOIN US SERVE PICK >> CAN YOU TURN ON YOUR
MICROPHONE PLEASE? >> MY NAME IS DAN VESTMENT 255 EAST CARMEL DRIVE. WE ARE HERE TO REPRESENT THE APPLICANT WAS IN THE CROWD. IN HOPES OF HIS SECOND RENEWAL OF A USE VARIANCE THAT WAS FIRST GRANTED IN 2019. AND THEN RENEWED UNDER A THREE-YEAR RENEWAL IN 2021. IN WHICH WE ARE UP FOR RENEWAL FOR CONTINUED USE NAB TO DISTRICT IN THE HOMEPLACE OVERLAY DISTRICT. FOR THE CONTINUED USE OF HIS AUTOMOBILE SALES LOT. AND DISPLAY LOT. IT IS ADJACENT TO HIS EXISTING DEALERSHIP. AND SO IT IS JUST AN EXTENSION OF A COUPLE OUT LOTS. WHICH HIS DEALERSHIP IS JUST EAST OF THE SUBJECT REAL ESTATE. AND SO THE USES CONFORMING WITH THE CURRENT EXISTING BUSINESSES IN THE AREA. THERE IS AN AUTO REPAIR SHOP ON THE SOUTH EAST CORNER OF THE 106 AND COLLEGE. HIS LOT IS ON THE NORTHEAST CORNER. THERE IS A GAS STATION IN THE STRIP MALL ON THE SOUTHWEST CORNER. AND SO WE WOULD ASK THE BOARD TO APPROVE THE SUBMITTED FINDINGS OF FACT TO ALLOW FOR THE RENEWAL OF THIS USE VARIANCE TO CONTINUE USING THE LOT AS HE HAS FOR THE PAST FIVE YEARS. HE PURCHASED THE LOT IN 2018. AND THEN IF THE BOARD REMEMBERS THERE WAS AN OLD AUTO REPAIR BUILDING THAT HE EVENTUALLY DEMOLISHED. AND THEN HAD TO SPEND A LOT OF MONEY TO REMEDIATE THE SOIL CONTAMINANTS. OBVIOUSLY HAS BEEN CLEAR THE LOT AND PAVED IT. AND SO WE WOULD JUST ASK FOR ANOTHER THREE-YEAR RENEWAL OF THE USE VARIANCE. SUBJECT TO THE HOMEPLACE OVERLAY DISTRICT
RULES AND GUIDELINES PICK >> ARE YOU GOOD?
>> YES >> I'M GOING TO OPEN THE PUBLIC HEARING AT SIX: OH FOR. AND WATCH FOR THE RUSH OF PEOPLE. ALL THOSE IN FAVOR OR OPPOSED. COME RUSHING FORWARD.
>> MY WATCH CONVENIENTLY JUST CHANGED TO 6:05. I DON'T CLOSE THE PUBLIC HEARING YET. I'M GOING TO GO WITH THE DEPARTMENT
REPORT. >> THANK YOU MR. PRESIDENT THE DEPARTMENT OF COMMUNITY SERVICES PLANNING AND ZONING DEPARTMENT. THE PETITIONER DID A GOOD JOB EXPLAINING THE REQUESTED THEY ARE SEEKING A USE VARIANCE APPROVAL TO CONTINUE THE USE THE VACANT LAND FOR AN AUTOMOBILE SALES
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AND DISPLAY WITH A PARK CARS FOR SALES FOR ADDITIONAL THREE YEARS. THE OVERLAY DISTRICT THE LAND-USE THE UNDERLYING BE TO ZONING IT DOES ALLOW. THE LOT WOULD BE AN EXTENSION OF EXISTING GRANDFATHER CARD SALES USED TO THE EAST OF THE SITE.PETITIONER WOULD LIKE TO USE THE LOT INTO THE INTERIM FOR AUTOMOBILE SALES BUT THE PETITIONER CONTEMPLATES A PROPOSAL NEAR FUTURE REDEVELOPMENT OF THE SITE. THE 2001 USE VARIANCE RENEWAL REQUEST WAS APPROVED FOR A THREE-YEAR LIMIT AND EXPIRATION WAS ON AUGUST 23RD 2024. THE HOMEPLACE OVERLAY ZONING DISTRICT WAS CREATED AND ADOPTED IN 2002 AND 2003. THE AUTOMOBILE/BOAT SALES LAND-USE AND HAS ALWAYS BEEN AN EXCLUDED USE IN THAT DISTRICT. WE LOOK TO THE COMPREHENSIVE PLAN AS A GUIDE TO THE CITY. THE HOMEPLACE PROMOTES A NEIGHBORHOOD SERVING COMMERCIAL DISTRICT AT THE CORE IS A COMMERCIAL DISTRICT THAT HAS HISTORICALLY BEEN HOME TO GROCERY STORE GAS STATIONS OFFICES INSTITUTIONAL USES AND OTHER RETAIL USES. THE CURRENT USES DO NOT FUNCTION WELL AS THE NEIGHBORHOOD SERVING COMMERCIAL. AND ARE NOT BICYCLE A PEDESTRIAN FRIENDLY AS THEY ONCE WERE. OUR CITY ENCOURAGES MORE MIXED-USE DEVELOPMENT THAT PROVIDES A MORE BICYCLE AND PEDESTRIAN FRIENDLY ENVIRONMENT THAT PROVIDES GOODS AND SERVICES TO THE RESIDENTIAL COMMUNITY WITHIN WALKING DISTANCE.AT THIS TIME ALL PLANNING AND ZONING COMMENTS HAVE IT BEEN ADDRESSED. THE CARMEL REDEVELOPMENT DIRECTOR HAS NO ISSUES WITH THE REAPPROVAL FOR ANOTHER FEW YEARS IN A ROUNDABOUT PROJECT AT 106 IN COLLEGE HAS BEEN COMPLETED SINCE THE ORIGINAL USE OF VARIANCE APPROVAL. THE PLANNING DEPARTMENT IS NOT IN FAVOR OF THE PROHIBITED LAND-USE BUT CAN BE GENERALLY SUPPORTIVE OF THIS USE VARIANCE RENEWAL REQUESTIF IT IS APPROVED WITH THE CONDITION OF A TWO-YEAR LIMIT. THE DEPARTMENT COMMUNITY SERVICE RECOMMENDS POSITIVE CONSIDERATION OF THIS REQUEST WITH THE CONDITION OF A TWO-YEAR LIMIT ALONG WITH THE ADOPTION OF FINDINGS OF FACT SUBMITTED BY THE PETITIONER. THANK YOU.
>> YOU ARE OKAY I DID NOT OFFER YOU A CHANCE TO REBUT RIGHT? OKAY PICK ANY COMMENTS OR QUESTIONS?
>> YES SIR >> IS THE AUTO SERVICE FACILITY TO THIS IS TO STAFF. IS THE AUTO SERVICE FACILITY TO THE
EAST ALSO WITHIN THE OVERLAY? >> THAT IS CORRECT.
>> ARE THEY ON AN EXTENSION OR ANY EXPIRING RIGHT OF USE FOR
THAT PROPERTY MUST MAKE >> THEY HAVE NOT COME FORTH WITH ANY PROJECTS OR ANY KIND OF REDEVELOPMENT SO NOTHING HAS BEEN FLAGGED. IT HAS BEEN GRANDFATHERED IN. WHEN YOU COME IN WITH SOMETHING THEY CAME IN YEARS AGO WITH THE REPAVING OF THEIR PARKING LOT AND THAT IS WHAT TRIGGERED THE USE
VARIANCE. >> NEXT DOOR ESSENTIALLY PERPETUAL GRANDFATHERING AS LONG AS IT CONTINUES IN THAT
>> ANY OTHER QUESTIONS OR COMMENTS?
>> I'M JUST TRYING TO UNDERSTAND THE USE OF THIS FACILITY. IF IT IS DENIED WHAT ARE THEY DENIED? IF THEY DENIED THIS PETITION WHAT ARE WE DENYING THEM?
>> THAT IS A GREAT QUESTION. >> THEY ARE ASKING FOR A USE VARIANCE FOR THE SALES AND DISPLAY. EVENTUALLY THAT IS DENIED THAT USE WOULD HAVE TO BE GOING AWAY.
>> YOU MEAN IT WILL NOT BE ABLE TO HAVE A SALES SIGN PUT UP.
>> THAT IS CORRECT. >> NOW THERE IS IN THE FUTURE THERE IS REDEVELOPMENT FOR THAT WHOLE AREA OF HOMEPLACE. LIKE I SAID AS MENTIONED IN THE REPORT WE REACHED OUT TO THE REDEVELOPMENT COMMISSION WHO WOULD BE IN CHARGE OF THAT REDEVELOPMENT. THEY DID NOT HAVE ANY ISSUES WITH EXTENDING
DISAPPROVAL. >> I SEE. LONG-TERM THIS IS NOT THE USE THAT IS GOING TO BE THERE. THAT IS WHY THEY NEEDED
THE SPECIAL APPROVAL. >> HOW YOU DO YOU DEFINE
LONG-TERM? >> THE NEXT TWO OR THREE YEARS
ON WHATEVER WE APPROVE. >> THAT IS CORRECT BUT IT IS UP TO THE BZA TO DETERMINE THE CONDITIONS OF THE APPROVAL. WE ARE RECOMMENDING TWO YEARS. YOU GUYS COULD WRAP IT RECOMMEND
WHATEVER PICK >> THANK YOU FOR THE CLARIFICATION. I WAS UNDER THE IMPRESSION THAT IF IT IS DENIED WOULD WE BE DENYING THEM THE USE OF THIS FACILITY FOR ONE REASON OR ANOTHER? I GUESS WE ARE JUST SAYING THAT WE ARE
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JUST APPROVING THE USE AS IT STANDS NOW BUT WE COULD ALSOAPPROVE ANOTHER USE LATER ON. >> THEY COULD THEY WOULD HAVE TO IF THE USE THEY WOULD WANT LATER ON IT WOULD HAVE TO BE ONE OF THE PERMITTED USES IN THE OVERLAY. THE OVERLAY KIND OF DICTATES THE PERMITTED AND NOT PERMITTED USES.
>> I DON'T WANT TO DENY THEM THE PROPER USE OF THIS FACILITY AND THE IMPROVEMENT TO THAT SITE FOR THIS COMMUNITY. I'M OKAY WITH THAT. THANK YOU PICK
>> THE REASON THEY ARE HERE ACTUALLY THOUGH IS BECAUSE THEY ARE DOING A USE THAT IS NOT A PERMITTED USE. THEY ARE ALREADY USING IT IN A WAY WE WOULD NOT APPROVE ON A REGULAR BASIS.
THIS IS TEMPORARY. >> ANY OTHER COMMENTS OR
QUESTIONS LAST NIGHT YES SIR. >> COULD YOU TELL ME I'M LOOKING AT PAGE SEVEN. THE AERIAL MAP. HOW MANY LOTS ARE WE TALKING ABOUT THAT ARE PART OF THIS PETITION? I'M COUNTING
-- SIX LOTS. >> IT SOUNDED LIKE THERE IS -- LET ME TRY TO FIND THE RIGHT PAGE.
>> I THINK THE SUBJECT PROPERTY ARE YOU LOOKING AT THIS SHEET?
>> YES >> THE TWO NEAREST LOTS THAT ARE CLOSEST TO COLLEGE AND 106 LIKE THE CORNER LOTS.
>> THOSE ARE THE ONLY TWO LOTS THAT ARE UNDER CONSIDERATION
FOR THIS PETITION? >> AS FAR AS -- UNDERSTANDING.
THE EXISTING BUILDING IS ALREADY GRANDFATHERED IN. AS ITS CURRENT USE. I THINK THE LOTS THAT ARE CLOSEST TO COLLEGE AND 106 ARE THE LOTS BEING USED AS A DISPLAY LOT.
>> I THINK THOSE OF THE TWO LOTS THAT ARE THE REPAIR SHOP.
>> YES PICK AUTO REPAIR SHOP IS ON THAT CORNER. THAT IS WHAT HE
REMOVED AND CLEANED UP. >> THAT IS A BIG INVESTMENT TO
GO THROUGH EVERY MEDIATION. >> SO YES IT IS THE THESE TWO LOTS RIGHT HERE. THAT ARE SUBJECT TO THE USE VARIANCE.
>> OKAY. HOWEVER THE ENTIRE PROPERTY IS NONCONFORMING. I GUESS IS THE BEST WAY TO SAY IT.
>> THE LOTS HAVE BEEN GRANDFATHERED IN AS CURRENT USE OF HIS DEALERSHIP AND REPAIR SHOP. I THINK YOU DID CAR
DETAILING AT ONE POINT. OKAY. >> AS I SAID I THINK THE OWNER IS PROBABLY INVESTED A LOT OF MONEY IN REPAIRING THE PROPERTY THAT NEEDED CLEANING UP. AND HONESTLY I LIVE IN THIS AREA FOR OVER 30 YEARS. IT IS ALMOST A KIND OF A SECOND THOUGHT TO ME TO DRIVE AROUND THE INTERSECTION AND SEE IT. BUT I WOULD NOT WANT TO DENY AT THIS PETITION BASED ON THE FACT THAT YOU JUST NEED TO GET PERMISSION TO USE IT AGAIN. IT IS WHAT YOU HAVE INVESTED. I WOULD LOVE TO SEE YOU CONTINUE OPERATING THERE FOR AT LEAST TWO MORE YEARS. I CAN EVEN SEE GOING
THREE. >> NOT TO PUT TOO FINE A POINT ON IT. WHATEVER WE TAKE TONIGHT WHATEVER ACTION WE TAKE TONIGHT IS APPLIED TO THE CORRECT REAL ESTATE. AND SO I WAS LOOKING FOR IDENTIFICATION OF THE SPECIFIC LOTS IN THE PETITION.
AND DID NOT SEE THAT OTHER THAN A REFERENCE I THINK THAT WAS EXCERPTED FROM AN APPRAISAL THAT SHOWS ALL SIX LOTS. SO, COUNSEL WOULD AMENDING THE PETITION TO INCLUDE IDENTIFICATION OF THE PARCEL NUMBERS -- REMOVING ANY
CONFUSION? >> I CAN AMEND THAT.
>> I THINK THAT WOULD BE HELPFUL.
MR. LOCKWOOD PICK >> AS A FOLLOW-UP, IF FOR
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WHATEVER REASON THE BZA DECIDES TO NOT ALLOW THIS, WE ARE BASICALLY SAYING THAT THESE TWO LOTS I GUESS TRY TO GET CONFIRMATION ON WOULD NOT THEN WOULD NOT BE ALLOWED TO HAVE HIS AUTO SALES ON IT. THAT STILL DOES NOT PRECLUDE HIM FOR THE REMAINDER OF THE PROPERTY TO OPERATE HIS BUSINESS.>> A USE VARIANCE THAT WAS FILED IN 2021 WE DO HAVE PARCEL NUMBERS IN THAT PETITION. THAT I CAN EITHER SAY FOR THE RECORD
OR IF THAT WOULD HELP. >> OR I CAN JUST AMEND
WHICHEVER IS EASIEST. >> THIS IS A RENEWAL.
>> THERE USE VARIANCE THEIR SECOND USE VARIANCE PETITION EXPIRED. THEY ARE LOOKING TO RENEW IT. IT IS JUST FOR THE TWO PARCELS THAT ARE CLOSEST TO COLLEGE AVENUE. THEY ARE BOTH LABELED THE ADDRESS IS THE SAME AS WELL 601 COLLEGE AVENUE. THE PARCEL NUMBERS ARE VERY SIMILAR. THEY JUST HAVE THE LAST THREE DIGITS IT IS 001 A I'M SORRY 01 A AND 019 PICK
>> FOR CLARIFICATION WE DO A MOTION LET'S INCLUDE THAT.
>> AND OTHER QUESTION. FOR THE BOARD'S COUNSEL. THE VARIANCE GRANTED THAT WAS PREVIOUSLY GRANTED HAS EXPIRED. WE ARE GRANTING A NEW VARIANCE TONIGHT ARE WE NOT?
>> IT DEPENDS ON HOW YOU WORD THE MOTION. YOU CAN RENEW THE OLD VARIANCE OR YOU CAN GRANT A NEW VARIANCE. IT IS UP TO THE BOARD. I BELIEVE THE APPLICATION IS SPECIFICALLY FOR
A RENEWAL. >> AT THE TIME IT WAS FILED PROBABLY MAYBE IT HAD NOT YET LAPSED PICK
>> THAT IS CORRECT. THERE'S A LOT OF 45 TO 60 DAY WINDOW FROM
APPLYING TO BEING HEARD. >> I WANT TO BE SURE WE ARE NOT SETTING A PRECEDENT THAT AS LONG AS THE PETITIONER COMES BACK WITHIN A FEW WEEKS OF SOMETHING HAVING EXPIRED, THEY CAN LOOK AT IT AND EXPECT A RENEWAL. WHEN IN FACT THIS TODAY THIS VARIANCE HAS IN FACT EXPIRED ALTHOUGH THE PROCESS AND THE FILING WERE DONE PERHAPS ON A TIMELY BASIS.
TYPICALLY -- >> IF IT IS DONE WITH WITHIN THAT TIME. AS WE KNOW GOVERNMENT DOES NOT ALWAYS MOVE
QUICKLY. >> EXACTLY. I JUST WANT TO BE SURE WE ARE NOT TELLING THE PUBLIC THAT THE DEADLINE IS
REALLY NOT REALLY A DEADLINE. >> 100%. THE COMMENTS OR
QUESTIONS OR EMOTIONS? >> FOR THE RECORD THEY DID
APPLY JULY 31ST. >> AND IT EXPIRED
>> AUGUST 23RD. >> I WILL MOVE TO APPROVE DOCKET PIECE E- 202 FORD 00132 USE VARIANCE. FOR A PERIOD OF TWO YEARS. WITH THE LOT PARCELS AFFECTED ADDED TO THE PETITIONS
OR TO THE PETITION FILE. >> SECOND
>> I KNOW IS ALWAYS WITH THE ADOPTION OF FINDING OF FACTS.
ANY COMMENTS? ALL THOSE IN FAVOR. OPPOSED? DONE.
>> THANK
* This transcript was compiled from uncorrected Closed Captioning.