Board of Zoning Appeals

BOARD OF ZONING APPEALS MINUTES June 3, 2009 MEMBERS PRESENT: Submitted by Independent Federal Credit Union and Norm Getts for a Variance Rudy Williams, Chairperson from the Maximum Building Height Greg Spencer, Vice Chairperson Connie Klungness, Member Requirement located at 3737 South Willie Rayford, Member Scatterfield Road (new Independent Harold Smith, Member Federal Credit Union.) MEMBERS ABSENT: Mr. Stires stated the petitioner is doing a slight modification by adding onto the building on the west side, but they failed to do OTHERS PRESENT: the proper certified letters and legal ad in the newspaper in a timely manner. Mr. Stires Michael Widing, Development Director asked for Petitions #14-09 and #14A-09 be Tim Stires, Assistant Development Director continued until next month’s meeting Dave Wilbur Sr. Zoning Administrator Stephanie George, Board Secretary; and Mr. Spencer made the motion to continue William Kreegar, Attorney Petitions #14-09 and #14A-09 be continued until the next regularly scheduled meeting. ROLL CALL AND DECLARATION OF A Mr. Smith seconded. Motion passed 5 yes, 0 QUORUM: no. Mr. Williams called the meeting to order at PETITION #13-09 4:34 p.m. Ms. George took roll call and Submitted by Lutheran Disability declared a quorum with five members in Ministries, Inc. for a Special Exception attendance. Mr. Williams performed the for a Camp Ground. Invocation and the Pledge of Allegiance. MINUTES: PETITION #13A-09 Submitted by Lutheran Disability The May 6, 2009 minutes were approved as Ministries, Inc. for a Variance from the presented. Motion passed unanimously; 5 yes, Maximum Building Height Requirement. 0 no. PETITION #13B-09 BUSINESS: Submitted by Lutheran Disability PETITION #14-09 Ministries, Inc. for a Variance from the Submitted by Independent Federal Credit Hard Surfacing of Driveway Requirement Union and Norm Getts for a Special located at 4038 Ridgeview Drive Exception for an Amended B-4 (formerly Mockingbird Hill Park.) Community Shopping Center Mr. Stires stated this property is located in Development Plan. the 6700 block of Ridgeview Road on the east side. This 13 acre site is directly south of the PETITION #14A-09 Pilgrim Holiness Church Campground, and is the former site of the Mockingbird Hill Park. 1 Mr. Stires added this was also the site of a off and pick up area for campers and buses. popular country and western outdoor musical Phase One also includes the construction of a venue which was frequented by several top new pole barn structure at the south end of country singers. Mr. Stires added this site is the new parking lot which will be used to store zoned R-2 Residential. vehicles and equipment and provide turnaround space for Phase One construction Mr. Stires stated the petitioner (Lutheran activity. Mr. Stires added Phase One also Disability Ministries, Inc.) is seeking special includes renovation of the one-story, 1990 sq. exception approval for the development of a ft. caretaker’s quarters located directly west of Christian-oriented campground for the new pole barn. individuals with developmental disabilities. The site plan shows access to the proposed Mr. Stires stated the submitted site plan campground by way of a 12 ft. wide gravel shows Phase Two will include the planned driveway off the east side of Ridgeview Drive. construction of a 13,731 sq. ft. expansion Mr. Stires added the gravel driveway building nearly in the center of the continues along the entire depth of the north campground. The 56 ft. by 207 ft. by 20 ft. side of the property, a distance of nearly 1000 high structure will be used for additional ft. The petitioner is proposing not to hard cabins and sleeping quarters. Mr. Stires added surface the driveway initially and is Phase Three calls for construction of the 74 ft. requesting a variance from the hard surfacing by 94 ft. by 20 ft. high addition on the requirement. Mr. Stires stated the petitioner northwest corner of the expansion building for indicates if West 67th Street is extended along additional cabin quarters and possibly a the north side of the campground the swimming pool. driveway will be removed and a new access driveway will be built at the far east end of Mr. Stires stated staff notes the overall height the campground. of various buildings on the campground will range from 20 ft. to 27 ft. The maximum Mr. Stires stated the submitted site plan allowable height for a building in a indicates the campground will be developed in campground by ordinance is 18 ft. Mr. Stires three (3) phases. An existing one-story, 3000 added the petitioner is requesting a variance sq. ft. house at the west end of the from the building height limitation. Staff campground has been renovated and would note a majority of the buildings are pre- converted into the administration building as existing and it would be very expensive to part of Phase One. Mr. Stires added Building change the pitch of the roofs to meet the “A” is the northern-most building and contains height restrictions. 9,750 sq. ft. This building will be renovated this summer during Phase One and will serve Mr. Stires stated staff notes the existing trees as a chapel, dining room and kitchen. Mr. and vegetation on the campground easily Stires stated this building will top out at 27 ft. meets the green space requirement in an R-2 at the top of the steeple. Building “B” is the zone class. The amount of buildings and hard southern-most building and contains 6400 sq. surface parking covers 22.1 percent of the 13 ft. This building will be renovated possibly in acres, which means 77.9 percent remains early 2010 during Phase One and will serve as green. Mr. Stires added Figure 9 a sleeping cabin, bathrooms and infirmary, Requirements for a campground calls for one and will top out at 20 ft. Mr. Stires stated the space per campsite and one per cabin. In total site plan shows the two concrete block the campground is required to have 10 buildings will be joined by a new 1790 sq. ft. parking spaces. Mr. Stires stated the site plan connecting building that will serve as a main shows 104 parking spaces, which far exceeds entry and bathrooms. the minimum parking requirements. Mr. Stires stated directly east of these Mr. Stires stated the submitted lighting plan buildings Phase One plans call for the indicates a total of 11 exterior lights will be construction of a 104 space (10 ft. by 18 ft.) utilized throughout the campground asphalt parking lot, which will serve as drop development. Four of the 11 lights are pre- 2 existing “street or security-type” pole lights hard surfacing / driveway) and the three (3) located around the administration building waivers (5 ft. concrete sidewalks, concrete and the expansion building. Mr. Stires added curbing and cross access), because the project the lighting plan shows six (6) of the lights meets a majority of the Figure 9 will be 250 watt metal halide pole lights Requirements and setbacks. Approval of the located in the 104 asphalted parking lot on the campground will also allow a unique east end of the campground. A single 250 watt recreational activity to be made available to metal halide pole light will also be placed on the disabled individuals in and around the the north side of Building “A.” Mr. Stires community. stated the petitioner has submitted a choice of two (2) types of ground signs, which depends Paul Kerns, 12029 Stern Drive, Indianapolis if the extension of 67th Street occurs. stated he is the administrator for Lutheran Disability Ministries, along with him tonight Mr. Stires stated the petitioner is requesting is executive director Don Boden. three (3) waivers from the Board’s Design Standards. The waivers include the 5 ft. Mr. Kerns stated they purchased the property concrete sidewalks, concrete curbing of the back in 2005 and they have been in the asphalt parking lot and gravel driveway and process of trying to raise the necessary funds cross access. Mr. Stires added the waiver from to proceed with the development of the concrete sidewalks is being sought because the campground. They are in a position where site is in a rural setting and there are no they feel they are ready to proceed with the sidewalks being close proximity. The concrete construction of a pole barn as the first step curbing waiver is being requested because the and to replace the roofing of Building “A.” Mr. petitioner doesn’t feel curbing is consistent Kerns added the construction will take them with trying to develop a campground setting. through the summer, and they would like to Mr. Stires stated the third waiver from cross begin reconstructing Building “B” and it can access is being sought due to the future plans serve initially as sunrise retreats or weekend by the City to extend West 67th Street along retreats. Mr. Kerns stated depending on the the north boundary of proposed campground. funding the massive renovation of both of To the south of the campground is residential these facilities will be quite costly and property out of the City limits. depending on the availability of funds that would determine when they would be able to Mr. Stires stated the petitioner, if the get to it. campground is approved, plans to begin limited camp operations in Building “B” in Don Boden, 2986 W. Sugar Creek Drive, April 2010. This will involve mini-camps on Greenfield stated LDM is pleased to have certain weekends in April and again in found this piece of property which was a October and December 2010. Mr. Stires added vacant unused piece of property. The former the petitioner plans to utilize the campground concert hall is going to have new life breathed year-around. Mini-camp sessions will be held into it and more importantly the families who in January, February, March, April, October have sons and daughters with developmental and December. Weeklong camp sessions will disabilities that will have the benefit of using be held in June, July and August. Mr. Stires this facility. Mr. Boden added many of the stated the petitioner envisions the campers would be from the greater Anderson campground being utilized for Lutheran area, and it will be great to see the young Disability Ministries (LDM) camp programs people who are going to have the opportunity where disabled individuals are paired up with to experience servanthood being paired up teenaged companions. Other uses will include with their companion for a week at camp. individuals from group homes as well as other church groups. Mr. Boden stated the time that they have spent over the last four (4) years has been in Mr. Stires stated staff is recommending the fundraising, but have also done a lot of approval of the special exception improvements to the property. City utilities (campground), variances (building height and have been brought out to the property, a lift 3 station has been installed, the property is others above him need to make the decision on completely paid for and is debt free. it, so at this point he would not like to put a time limit on paving in this situation. What Mr. Williams asked are the parishioners going they are trying to accomplish here in our to do the construction work, or hire the work community is commendable and it is going to out? Mr. Boden answered stated a bring jobs and visitors to our community. combination of both. They have had volunteer projects where people came in to help demo Mr. Williams asked Mr. Kreegar on the site some of the smaller structures. Mr. Boden plan as a variance from the hard surfacing, added they have hired Fredericks out of how would you go about it then? Mr. Kreegar Pendleton and have done some little work and answered the petitioners are asking for the they will probably be the vendor for the pole variance from hard surfacing requirement and barn, but the bids are still out. Mr. Kerns you can just grant the variance if that is what added they would have volunteers raise the the Board chooses. barn though. Mr. Williams asked what about a covenant? Mr. Williams asked would the camp be Mr. Kreegar answered they would not need a exclusive to Madison County? Mr. Boden covenant, and you need to keep in mind that stated no not exclusively, right now they serve this is a campground not a commercial primarily a nine (9) county area for the most facility, and the Board approved the same part, which consists of Marion and thing for the campground across the street, surrounding counties. Mr. Boden added there you would have to explain what the are some future partnerships that might be in differences are if you don’t grant this variance. the works which might bring individuals down from as far north as the Fort Wayne area. As Mrs. Klungness asked LDM is going to hard they finish Phase Three they will be able to surface the drive anyway in order to make the serve 50 adults with developmental facility operational? Mr. Widing stated they disabilities on any given week and over the are willing to do that as they got the funding course of the summer over 450 people. Mr. and it becomes fully operational at some point Boden stated they are currently serving at in the future. There main focus is getting this four (4) remote locations today about 200 facility upgraded and in place. individuals. Mr. Williams asked is anyone living in the Mr. Williams asked about the hard surfacing house? Mr. Boden stated yes someone lives of the driveway, are you waiting to see if the there today. City is going to extend West 67th Street before you hard surface it? Mr. Boden stated on the Mr. Boden stated LDM is a disability ministry staff report is written if the term for that road and accessibility is paramount in the way they is too far out and the camp is ready to be do things. The entire facility is going to be all operational, they are willing to expand the on one level and have roll-in showers and hard width of the gravel drive to 20 ft. and hard surfaces are also a key part of the camp. Mr. surface it. If the camp is operational and they Boden stated LDM’s goal is have this camp find the road is 6 months or a year off then operational and all drives, parking areas and they would hope to wait to do that. walkways will all be hard surfaced. Mr. Williams asked could the Board give a Mrs. Klungness asked in regards to lodging, three (3) year covenant on paving? Mr. Widing you are going to have large dorms where your answered in this situation staff is proposing participants will stay, would there be camping not to have a covenant. Staff is hoping that sites for recreational vehicles (RV) or tents for with stimulus money and other things that the parents? Mr. Boden stated the plan is to in eventually this 67th Street extension from Phase One that Building “B” that is going to Ridge Road over to Madison Avenue have three (3) sleeping rooms that will sleep everything is in place for that project. Mr. 14 people each with connected bathrooms and Widing added a lot of things are in place and showers and all wheelchair accessible. Mr. 4 Boden added Phase Two is going to add four office is, but the property in the back was (4) more sleeping rooms with connecting vacant since the early 1990’s. bathrooms. It will be a retreat center type of setting where everything is under one roof Mrs. Klungness asked would it be fair to say and be used all year-around. Mr. Boden stated that this has been a campground before, but there are six (6) RV parking spots for when not officially and no special exceptions have youth groups and other church groups visits been granted before? Mr. Widing stated this or staff who are adults who travel with them property was located in the county until the they can stay in the RV’s. City annexed it in 2005. This property has not always been in the City. Mrs. Klungness asked would the camp have hook-ups for the RV’s? Mr. Boden answered Mrs. Klungness asked the highest structure yes, and to the lift station for sanitary and city will be the steeple and since this will be used water. Mr. Boden added in the future they for a church use, do we have an ordinance for want to put in platform tents along one of the steeple heights? Mr. Stires stated no. wooded areas that would permit campers that are higher functioning and better physical Mr. Williams asked where did the idea for this abilities to have more of an outdoor camp camp come from? Mr. Boden stated a man in experience. 1991 wanted to start a camp for his daughter and it started as a one week camp and they Mrs. Klungness asked the participants would had an office out of Mr. Boden’s home and it be ones in the sleeping rooms, not necessarily has exploded to the point where they are now the caretaker that comes with them, they using four different facilities spread all over would have to provide for their own lodging? central Indiana. The founders name was Dick Mr. Boden stated correct, the caretakers Coulter. would get there own lodging. The volunteers stay in the same rooms as the persons who Mr. Williams asked is there a pre-determined have the disability. They are welded at the hip cost or scale for this campground? Mr. Boden for the week while they are at camp. stated the total project through Phase One is a little over three million dollars, through Mrs. Klungness asked this would be a Phase Three is over five million dollars. spiritual retreat not necessarily any kind of rehabilitation? Mr. Boden answered no they Mr. Williams asked is there a cost for the do not do any rehabilitation. It will be a campers? Mr. Boden stated they charge spiritual retreat and fun summer camp. currently $475.00 to attend camp for a week and all the research that they have done that Mrs. Klungness asked prior to LDM is far under what is normally charged for a purchasing this property this property hasn’t camp for a person with disabilities. been used much since the Mockingbird Hill park? Mr. Boden answered Pilgrim Holiness Mr. Williams asked would that help pay for owned the property and used it as a youth staff? Mr. Boden stated yes, and the camp camp for a number of years, and that ceased offers financial assistance to families and in the early-1990’s. It was left vacant until the individuals that are unable to pay. year 2000 when a man named Mike Neal purchased the property with the intent to Mr. Spencer made the motion to approve turning it into a youth camp, but never got his Petition #13A-09 based on the following tax exemption and ran into some tax findings of fact. The approval of the proposed problems. Mr. Boden stated that is when they variance would not be injurious to the public heard about the property when Mr. Neal health, safety, morals and general welfare of expressed desire to sell the property prior to the community because most of the buildings going to auction. Mr. Kerns stated that is are pre-existing and very few homes or when they bought the land from Mr. Neal. Mr. developments even exist in this surrounding Neal lived in the home where the present area. The approval of the proposed variance would not affect the surrounding properties 5 because the property is essentially located in a establishment of developments that would sparsely populated rural area and it is a pre- benefit our most needy citizens such as this existing site. The strict application of the project will. Mrs. Klungness seconded. Motion terms of the zoning ordinance would result in passed 5 yes, 0 no. practical difficulties in the use of the property, if the proposed variance were denied because PETITION #15-09 most of the buildings are pre-existing and Submitted by Elda Corporation for a strict application would be cost prohibitive to Variance from the Sidewalk Requirement retroactively change the design of these buildings. Mrs. Klungness seconded. Motion located at 2001 South Scatterfield Road passed 5 yes, 0 no. (Don Miller Tire), 2101 South Scatterfield Road (extended), 2109 South Scatterfield Mr. Spencer made the motion to approve Road (Mounds Mall), 1600 through 1800 Petition #13B-09 based on the following block of East 19th Street on the south side findings of fact. The approval of the proposed and 1700 block of East 22nd Street on the variance would not be injurious to the public north side (residence and former Mounds health, safety, morals and general welfare of the community, because the property is Cinema.) located in a sparsely populated rural area. The approval of the proposed variance would Mr. Stires stated this property is located in not affect the surrounding properties because the 1900 through 2200 blocks of South there are few properties in the immediate Scatterfield Road on the west side, 2109 South area and the eventual extension of West 67th Scatterfield Road (Mounds Mall), 2101 South Street will negate the need for the long drive Scatterfield Road (extended), 1600 through anyway. The strict application of the terms of 1800 blocks of East 19th Street on the south the zoning ordinance would result in practical side and the 1700 block of East 22nd Street on difficulties in the use of the property, if the the north side. The property contains 44 acres proposed variance were denied because the and has a split zoning of B-1 Local Business, cost of paving the nearly 1000 ft. of drive B-2 General Business and R-3 Residential. would be prohibitive and unnecessary to the Mr. Stires added this acreage, is more eventual extension of West 67th Street along commonly known as Mounds Mall along with the property. Mrs. Klungness seconded. the other adjoining businesses like Don Miller Motion passed 5 yes, 0 no. Tire, The Clip Zone, National City Bank, Texas Roadhouse and a former movie theater. Mr. Spencer made the motion to approve The petitioner received final plat approval Petition #13-09 with waivers from the 5 ft. from the Anderson Plan Commission for a five concrete sidewalks, concrete curbing and cross (5) lot subdivision encompassing the acreage access and based on the following findings of on May 26, 2009. Mr. Stires stated the fact. The proposed special exception is in a Subdivision Control Ordinance does require proper zone district. The requirements of sidewalks along all newly platted lots. The Figure 9 have been met. The proposed special Mounds Mall plat, known as Virgil E. Cook exception will serve a public need and Plat, Section One fronts along South convenience because it will allow for Scatterfield Road, East 19th Street and East campground that will provide needed services 22nd Street. for citizens with developmental disabilities. The proposed special exception will not injure Mr. Stires stated the petitioner appears before the appropriate use of the surrounding the Board seeking approval for a variance properties, because the project is improving an from the sidewalk requirement. The petitioner already existing park site and the is requesting the variance because there are surrounding properties are very few and are no adjoining or existing sidewalks around the essentially a rural area. The proposed special approved five (5) lot plat to tie into the exception is consistent with the spirit, intent sidewalks are not usually placed along a state and purpose of the zoning ordinance, because highway (South Scatterfield Road / S. R. 9.) our zoning ordinance certainly allows Mr. Stires added there are no existing 6 sidewalks in front of the existing businesses Mr. Williams asked everyone stays within the along South Scatterfield, East 19th Street and boundaries of the mall itself, if there is any East 22nd Street. walking done? Mr. Durham stated there is a lot of vehicle traffic that comes through and Mr. Stires stated staff is recommending people park and get out and go to the mall. approval of the variance from the sidewalk requirement. The approval is based on the fact Mr. Williams asked who is responsible for the there are no adjoining or nearby sidewalks to area by the stop sign, the rough piece of tie into and sidewalks are not conducive to ground that tears up everyone’s tires up going being placed along a state highway (S.R. 9.) into the mall? Mr. Widing stated it was a private drive. Mr. Durham added a private Rick Durham, Durham Engineering Inc., 6215 drive that after this is platted it would create West 8th Street, Anderson. an ingress / egress easement for “C” Street. The actual party that is in charge of taking Mr. Williams asked Mr. Durham if he saw a care of that is the Elda Corporation, which is need for the sidewalks? Mr. Durham Virgil Cook. answered no, because currently their are no sidewalks out there. The mall was built in Mr. Kreegar asked if that is going to be a 1964 and everything is hard surfaced now and major access for the church is there some when people walk to the mall they do it on the likelihood that the church would see that the parking lot itself. Mr. Durham added that no access drive needs to be paved? Mr. Durham adjacent properties have any sidewalks and stated yes, he is not affiliated with the doesn’t know where they would put the development of the church, but he knows sidewalks if they have to put them in. Mr. there is a maintenance agreement in place for Durham added on 19th Street there are no all parties involved to maintain an ingress existing sidewalks and around the mall, on and egress easement. Mr. Durham added that the west side of the property is floodplain and question should be asked of The Bridge to the south property line no existing Church. sidewalks. Mr. Smith stated he disagrees with the State Mr. Widing stated if the Cooks had not for the sidewalk along the bypass. Starting donated a parcel of ground to the church, this from 10th Street down Scatterfield over to the wouldn’t have been entertained. Mrs. Cook bridge is in need of sidewalks. Mr. Smith had joined The Bridge Church a couple of stated there is a need for sidewalks on each years prior to her death and the family felt a side of the bypass because from the area the need to honor her wishes and donate a parcel grass is worn down by the amount of people of ground to the church. Mr. Widing added the that walk on it. Bridge Church met with department staff about the remodel of the former theaters and Mrs. Klungness asked if the footprint changes, at that meeting discovered the land had never maybe a whole new mall is built there would been platted and needs to be before anything they have to come back before the Board? Mr. proceeds. This is an existing facility and if this Widing stated yes, they would come back were a new facility Mr. Widing would have a before the Board if a new mall was built for a different position on the issue of putting special exception for a new commercial sidewalks in. development. Mr. Williams asked if there is any foot traffic Mrs. Klungness asked would that be a plat-by- down 19th Street? Mr. Durham stated when plat process for sidewalks? Mr. Widing stated the field crew was out there surveying they yes. were out there for a good three weeks and they did not see very much foot traffic down Mr. Smith stated the Board required that of 19th Street. Mr. Durham added he could count the business district just south of the bridge to the foot traffic on one hand. put in sidewalks. 7 Mr. Williams stated he is all in favor of Mr. Smith asked when they platted it, why sidewalks, but a footpath almost gets to be didn’t they take off the additional feet off of adequate at a certain point about in that the new plat to make a 50 ft. right-of-way? Mr. compared to a sidewalk. Durham stated a building would have been in the way if they would have ran 30 ft. north for Mrs. Klungness asked could it be done, if the more right-of-way. There is an existing house Board required sidewalks to be installed but and the entire south end of the former not be put in now, if any changes occur? Mr. Showplace Theater that would have been Widing stated he could recommend if a new encroaching into the right-of-way. building is built then sidewalks were put in on a per lot basis. Mr. Smith asked is there any amount that you can take without encroaching on a building? Mr. Smith stated regarding 22nd Street, it says Mr. Durham answered not very much. The a 20 ft. right-of-way, how did the Plan property to the south was never platted, some Commission approve a right-of-way for a of the old stuff was platted in the eighteen street for 20 ft.? Mr. Widing stated it is an something. Mr. Durham stated the intent of existing right-of-way. Gilmore Ferndale Addition was platted they thought that maybe the property on the south Mr. Smith stated it looked like they would of got platted they would donate another 20 ft. so required 20 ft. off of that plat they just the total of right-of-way would have been 40 approved. You can’t build a street in 20 ft., but ft., but that never occurred. that could be brought up next month because they are going to be here before the Board, but Mr. Rayford made the motion to approve that should be at least 30 more feet dedicated Petition #15-09 based on the following off that lot. findings of fact. The approval of the proposed variance would not be injurious to the public Mr. Durham stated what necessitated the health, safety, morals and general welfare of platting of the land, when they first got the community, because there are no involved, was he was retained to survey the adjoining or nearby sidewalks to tie into this whole subdivision that was vacated Gilmore area. The approval of the proposed variance Ferndale Addition. It was platted with 20 ft. would not affect the surrounding properties and the existing building encroached on the because there are no adjoining or nearby parent tract. Mr. Durham added during the sidewalks to tie into this area. The strict course of obtaining the title work it was shown application of the terms of the zoning that this 20 ft. right-of-way was actually ordinance would result in practical difficulties brought before the Council to be vacated at in the use of the property, if the proposed one point in time, but it was never vacated. A variance were denied because the cost of section of “C” Street has a right-of-way of 25 adding sidewalks would be very expensive and ft. and during the construction and Mr. Rayford sees no practical use for reconstruction of S. R. 32 the state acquired sidewalks due to the fact the property has an additional 25 ft. right-of-way. been there since 1964 and there are no sidewalks there. Mrs. Klungness seconded. Mr. Smith stated just because its 20 ft. doesn’t Motion passed 4 yes, 1 no. mean we have the chance to correct it to 50 ft. that we shouldn’t correct it. Is a building Meeting adjourned at 5:50 pm sticking out on any of that property? Mr. Widing stated the right-of-way wasn’t platted BY: ______________________________ as part of the plat. Rudy Williams, Chairperson Mr. Smith stated it should have been part of ATTEST: ___________________________ it. Mr. Widing stated it was an existing Stephanie George, Board condition, it was already platted as part of Secretary another subdivision. 8