[A. Call to Order]
[00:00:14]
>> WELCOME TO THE CARMEL BOARD OF ZONING APPEAL.
LET'S BEGIN WITH THE PLEDGE OF ALLEGIANCE.
I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA, FOR ONE NATION UNDER GOD INDIVISIBLE FOR LIBERTY AND JUSTICE FOR ALL. WILL THE SECRETARY CALL THE ROLL.
[E. Approval of Minutes and adoption of Findings of Fact from June 28 Meetings ]
APPROVAL OF THE MINUTES AND ADOPTION OF FINDING OF FACTFROM JUNE 28 MEETING. >> MOVE TO APPROVE.
>> SECOND. >> IT'S BEEN MOVED AND SECONDED. WE APPROVE THE MINUTES AND ADOPTION OF FINDING AND FACTS ALL THOSE IN FAVOR SAY
>> ANY OPPOSED. IT'S BEEN APPROVED.
COMMUNICATIONS, BILLS AND EXPENDITURES.
ANYTHING? >> REPORTS ANNOUNCEMENT,
[G. Reports, Announcements, Legal Counsel Report, and Department Concerns ]
LEGAL COUNSELL REPORT AND DEPARTMENT CONCERNS?>> MR. REIS. >> I WANT TO INTRODUCE SERGEI A NEW ASSISTANT CORPORATION FOR THE CITY.
AND HE HAS BEEN TRAINED IN THE CITY OF GREENWOOD.
WE'RE BREAKING HIM UP TO THE MAJOR LEAGUES.
HE WILL BE OUR FUTURE ZONING ATTORNEY FOR THE PLANNING COMMISSION AND THE BOARD OF ZONING APPEAL.
>> NICE TO MEET YOU. >> JUST A COUPLE OF COMMENTS I THINK EVERYBODY IS AWARE THAT ALL OF THE VARIANCES WITH RESPECT TO THE GOAT TAVERN HAVE BEEN WITHDRAWN.
SO THERE'S NOTHING FURTHER BEFORE THIS BOARD FOR CONSIDERATION. WITH REGARD TO THAT PROJECT.
AND WITH THAT, I HAVE NO FURTHER COMMENTS.
I HAVE DISTRIBUTED TO EVERYBODY SOME RECOMMENDED LANGUAGE THAT WE'VE PUT TOGETHER IN -- THAT WE WOULD LIKE YOU TO CONSIDER AND USE GOING FORWARD WITH RESPECT TO THE APPROVAL OF DOCKETS OR DENIAL OF DOCKETS.
>> THANK YOU. >> THANK YOU MR. REIS.
[H.1. Docket No. PZ-2021-00135 UV UDO Section 3.01 Prohibited Uses in Overlay, Automobile Sales & Display requested. The site is located at 10601 College Ave., at the northeast corner of 106th St. and College Ave. It is zoned B2/Business and Home Place Overlay District, Business Sub-Area. Filed be E. Davis Coots of Coots, Henke & Wheeler, PC on behalf of Dianwei Wang and Meili He, owners]
>> AND IT'S TIME FOR PUBLIC HEARING.
WE HAVE ONE ITEM ON THE AGENDA TONIGHT.
RECOVERY AUTO. THE APPLICANT SEEKS THE FOLLOWING USE VARIANCE APPROVAL.
DICKETTE NUMBER PZ-2021-00135 UV.
UDO SECTION 3.01. PROHIBITED USES IN OVER LEIGH AUTOMOBILE SALES AND DISPLAY REQUESTED.
THE SITE IS LOCATED AT 10601 COLLEGE AVENUE, AT THE NORTHEAST CORNER OF 106 OTH AND COLLEGE AVENUE.
IT'S ZONED B-2/BUSINESS AND HOME PLACE OVERLAY DISTRICT, BUSINESS SUB-AREA. FILEDBY E DAVIS COOS OF COOTS, HENKE AND WHEELER, PC ON BEHALF OF DIANWEI WANG
AND MEILI HE OWNERS. >> MR. COOTS GO AHEAD.
I'M DAVID COOTS. LOCATED 255 EAST CARMEL DRIVE HERE IN THE CITY. AND THIS EVENING REPRESENTING DANNY WANG AND HIS SPOUSE IN TERMS -- TO REQUEST RENEWAL OF THE USE VARIANCE THAT THIS BOARD APPROVED FEBRUARY 2019. ISSUED A LETTER OF GRANT AND THAT APPROVAL RESTRICTED THE DURATION OF THE USE VARIANCE TO TWO YEARS. IT WAS EXTENDED SIX MONTHS BY THE DEPARTMENT PURSUANT TO THEIR RULES AND WE'RE BACK ASKING THAT YOU RENEW THIS USE VARIANCE TO PERMIT MR. WANG TO CONTINUE OPERATION OF THE AUTOMOBILE SALES BUSINESS AT THAT LOCATION AND AS YOU KNOW, HIS BUSINESS HAS BEEN THERE FOR SOME 15-PLUS YEARS.
AND HE -- HE PURCHASED THE THREE YEARS AGO THE PROPERTY ON THE VERY CORNER FROM DAN MATTHEWS, WHO OPERATED AN AUTOMOBILE REPAIR FACILITY AT THAT LOCATION.
AND MR. WANG THEN ADDED IT TO HIS EXISTING AUTOMOBILE SALES BUSINESS. AND AFTER THE BOARD APPROVED
[00:05:01]
IT, THE SITE HAS BEEN PAVED, HAS BEEN LANDSCAPED PURSUANT TO A PLAN APPROVED BY DARYN MENDEM.AND WE'RE BACK ASKING THAT YOU EXTEND IT FOR ANOTHER 3 YEARS. THE THREE YEARS IS THE PERIOD OF TIME THAT WE BELIEVE IS REASONABLE CONSIDERABLE WHAT WE'VE BEEN TOLD WILL BE THE DEVELOPMENT OF THE ROUNDABOUT AT COLLEGE AND 106TH AND THE OVERTURE THE CARMEL REDEVELOPMENT COMMISSION HAS EXTENDED TO MR. WANG AS WELL AS OTHER PROPERTY OWNERS IN THE AREA WE'RE TOLD. NOTHING CONCRETE HAS BEEN FORMALIZED FOR THE ACQUISITION OF THOSE VARIOUS PARCELS FOR A PUBLIC/PRIVATE PARTNERSHIP TO DEVELOP THAT PROPERTY CONSISTENT WITH THE OVERLAY ZONE.
BUT UNTIL THAT ALL OCCURS, MR. WANG WOULD -- WOULD ASK THIS BOARD FOR APPROVAL TO CONTINUE THE EXISTING USE THAT HE HAS ON THE PROPERTY NEXT DOOR AS IT HAS BEEN EXTENDED ON TO THIS ONE-QUARTER ACRE ON THE VERY CORNER. WE HAVE SUBMITTED OUR PROPOSED FINDINGS AND BALLOT SHEETS.
I HAVE ADDITIONAL COPIES IF YOU ALL NEED THEM.
AND WE'RE HAPPY TO ANSWER ANY QUESTIONS FROM THE
PUBLIC OR BOARD. >> THANK YOU.
>> THANK YOU. THIS IS A PUBLIC HEARING.
IS THERE ANYONE HERE TONIGHT WHO WISHES TO SPEAK EARTH IN FAVOR OF OR AGAINST THIS PETITION?
>> SEE A SHOW OF HANDS. SEEING NO ONE, ANGIE, DO YOU
HAVE THE DEPARTMENT REPORT. >> YES, THANK YOU.
>> AS YOU KNOW THE HOME PLACE OVERLAY DISTRICT TO GOAL TO ALLOW FOR COMMERCIAL LIKE ACTIVITY.
THAT'S WHAT WE SEE FOR THIS INTERSECTION.
AND OF COURSE, AUTOMOBILE SALES AND DISPLAY IS PROHIBITED USE IN THAT OVERLAY DISTRICT.
AND THAT IS WHY THE PLANNING DEPARTMENT IS LEANING TOWARD NOT BEING SUPPORTIVE OF THIS USE VARIANCE REQUEST.
OUR CONCERN IS THAT THE PETITIONER WILL KEEP COMING BACK EVERY 1-3 YEARS JUST RENEWING THIS USE VARIANCE REQUEST, HOWEVER, WE DO UNDERSTAND THAT THERE'S ROUND ABILITY COMING WHICH WOULD MAKE THE SITE RIGHT FOR POTENTIAL REDEVELOPMENT. AND WITH THAT WE DO RECOMMEND POSITIVE CONSIDERATION OF THIS USE VARIANCE WITH A ONE-YEAR TIME LIMIT.
WHEREAS THE PETITIONER IS PROPOSED THREE YEARS.
AND WE ALSO ASK THEY DEDICATE THE STREET RIGHT-OF-WAY REQUIRED FOR THE ROUNDABOUT AND THIS IS ALL ALONG WITH THE ADOPTION OF FINDINGS OF FACTS
SUBMITTED BY THE PETITIONER. >> THANK YOU.
>> THANK YOU. >> THAT CLOSES THE PUBLIC HEARING. ANY MEMBER OF THE BOARD CARE
TO COMMENT OR HAVE CONCERNS? >> KENT?
>> ANGIE, YOU PROBABLY DON'T KNOW.
WE PROBABLY DON'T KNOW THE TIMETABLE FOR THE
ROUNDABOUT? >> NO, WE DON'T KNOW.
WE THINK IT MAY BE SOON. BUT SOON COULD BE ONE YEAR, TWO YEARS, THREE YEARS, WE'RE NOT SURE.
>> DAVE, DID YOU SAY THAT PETITIONERS OWN THIS PROPERTY FOR 15 YEARS; IS THAT RIGHT?
>> THE PROPERTY TO THE EAST OF THIS QUARTER ACRE.
>> OKAY. >> AND HE HAD THE OPPORTUNITY TO ADD THIS QUARTER ACRE WHEN DAN MATTHEWS, RELOCATED HIS AUTOMOBILE REPAIR BUSINESS ACROSS THE STREET, ACROSS THE 106TH STREET.
AND THERE WAS A SITE CLEANUP ISSUE WITH THE OLD GAS STATION ON THAT CORNER. THERE MR. WANG PURCHASED IT
AFTER THAT ALL OCCURRED. >> MY INITIAL THOUGHT TO THE BOARD IS THAT ONE YEAR SEEM PRETTY TIGHT IN TERMS OF HAVING PUTTING THAT OMINOUS ON THE PETITIONER TO HAVE TO COME BACK. I'M MORE IN FAVOR OF TWO OR
>> ARE YOU WILLING TO COMMIT TO THE FUTURE ROUND ABOUT AND DEDICATED THE STREET RIGHT-OF-WAY?
>> I THINK THAT HAS ALREADY BEEN DEDICATED IN THE
ORIGINAL. >> I REMEMBER THIS COMING THROUGH THREE YEARS AGO. WE HAD THE SAME
>> YES, ITS. >> I WOULD AGREE WITH KENT.
IT'S ONEROUS FOR PEOPLE TO COME HERE EVERY YEAR.
I DON'T HAVE A PROBLEM WITH THREE YEARS.
[00:10:04]
ANGIE, DO YOU KNOW IF THAT ORIGINAL APPROVAL INCLUDED THE RIGHTS OF WAY? OR WAS THIS TO CLEAN THAT
AND THIS WAS JUST TO MAKE SURE THAT JUST IN CASE IT WAS MISSED OR THEY NEEDED SOME ADDITIONAL SLIVER OF
LAND OR SOMETHING LIKE THAT. >> WE DEDICATED A 45-FOOT HALF OF 106TH STREET AND 50-FOOT HALF OFF OF COLLEGE.
IF THE CITY WILL NEED MORE THAN THAT FOR THE CURVATURE OF THE ROUND ABOUT WE HAVEN'T BEEN ADVISED OF HOW MUCH OR WHEN. THIS INTERSECTIONS INCLUDED IN THE 25-MILLION DOLLAR BOND APPROVAL BY THE COUNCIL TWO OR THREE MONTHS AGO OR SO.
BUT WE HAVEN'T BEEN INFORMED OF THE TIME LINE FOR ITS DEVELOPMENT. IT'S CONSTRUCTION.
I DID HAVE A CONVERSATION WITH MR. METSASKI ABOUT CRC'S, PROPOSED PLANS FOR THIS AREA.
AND HE SAID THEY SIMPLY WANT TO SEE IT DEVELOP MIXED USE COMMERCIAL WHEN THEY ARE ABLE TO PIECE TOGETHER A PUBLIC/PRIVATE PARTNERSHIP TO DEVELOP NOT ONLY MR. WANG'S PROPERTY BUT MATTING LYNN CONCRETE.
THE RESTAURANT GROUP, SOME OF THE EXISTING CLAYTOWNSHIP TRUSTEES PROPERTY AND THERE MAY BE ANOTHER PROPERTY OR TWO THAT'S INCLUDED IN THAT SCHEME, PLAN.
BUT NOTHING -- I MEAN IT'S NOT ANYTHING MORE THAN
DRAWINGS ON A TABLET. >> I MOVE TO APPROVE DOCKET PZ-2021 #-00135 USE VARIANCE WITH FOR THREE-YEAR TERM.
AND TO ADOPT PETITIONER'S FINDING OF FACT.
>> IS THERE A SECOND? >> SECOND.
>> THANK YOU VOTING MEMBERS. >> IT'S BEEN APPROVED 5-0.
I'M SORRY, I DIDN'T HAVE THE MICROPHONE ON.
>> IS THERE ANY OTHER BUSINESS TO COME BEFORE THE BOARD? SEEING NONE
* This transcript was compiled from uncorrected Closed Captioning.