Board of Zoning Appeals

BOARD OF ZONING APPEALS MINUTES JUNE 6, 2012 MEMBERS PRESENT: Owens added what the petitioner has Rudy Williams, Chairperson purposed was to create a bump-out that would Connie Klungness, Member allow a wheelchair to go around the poles and Harold Smith, Member continue down the sidewalks. John Suko, Member Mr. Owens added the petitioner would also MEMBERS ABSENT: like to discuss in front of the actual Chevy Greg Spencer, Vice Chairperson property, which is on Scatterfield Road. OTHERS PRESENT: Mr. Williams asked the petitioner to come up. Frank Owens, Director Anna Lise Allman, Board Secretary; and Mr. Ken Montgomery, 3917 Knollwood Lane, William Byer, Attorney Architect, stated they had a paper survey of the property in front of the Chrysler building and when Rayl Surveying & Engineering ROLL CALL AND DECLARATION OF A came out to stake off the property, the paper QUORUM: survey was off about two feet that is the reason they didn’t install the bump-outs as Mr. Williams called the meeting to order at planned in the beginning. Mr. Montgomery 4:34 p.m. Mrs. Allman took roll call and added the contractor didn’t want to build on declared a quorum with four members in the state highway with the possibility of attendance. Mr. Williams performed the tearing it out. Invocation and led the Pledge of Allegiance. Mr. Montgomery stated the petitioner is willing to install the bump-outs as long as the BUSINESS: state approves it. Mr. Montgomery stated in front of the old PETITION #4-12 Toyota building, to get on the other side of the SUBMITTED BY ED MARTIN OF utility poles, it would be about six inches from ANDERSON, LLC FOR A VARIANCE the curb. The state, verbally, stated that was FROM THE SIDEWALK too close. Mr. Montgomery added they have REQUIREMENTS LOCATED IN THE now added a two-foot wide walk that they 5400 THROUGH 5500 BLOCKS OF would like to remove and make the entire SOUTH SCATTERFIELD ROAD ON THE walkway five foot wide from that particular EAST SIDE AND THE 2000 THROUGH property. This will put them on the State 2100 BLOCKS OF EAST 53RD STREET ON Highway again, which they will need approval THE SOUTH SIDE on. Mr. Owens stated this petition was tabled last Mr. Montgomery stated Mr. Dan Chappell, month, since that meeting there has been works for Ed Martin, is here to discuss some discussions with Mr. Montgomery and the of these issues and to ask the Board if this person from Ed Martin. They poured some project can get the Certificate of Occupancy. sidewalks in front of their property line at the Chrysler side of the building. The concern is if these sidewalks are ADA compliant. Mr. 1 Mrs. Klungness asked where are the sidewalks going to be in front of the old Robert Mr. Chappell stated there are four light poles Hall area? and one sign post, the bump-out will have to come out about 30 inches total. There is 12 Mr. Montgomery stated there would be a five inches now and to make it ADA compliant, we foot wide sidewalk, but to get around the have to come out to 36 inches. inside of poles it will only be around 3 ft. 6 inches, on the one side. Mr. Williams asked if each bump out will be symmetrical? Mr. Williams asked Mr. Owens if staff still recommends not approving this petition? Mr. Chappell stated all the poles are basically in line, so each bump-out will be the same as Mr. Owens stated last month that was his well. recommendation, but if the petitioner agrees to the bump-outs and sidewalks in front of the Mrs. Klungness asked what the measurement old Robert Hall building, there will be no issue for ADA requirement is? approving this petition. Mr. Owens added, this project would then be ADA compliant and Mr. Owens stated it is 36 inches. the sidewalks that were originally proposed, with a little modification. Mr. Chappell stated the access road off Scatterfield Road is so narrow, the state Mr. Dan Chappell, 7221 Greens Spring Road, property comes right up to the poles. AT&T Indianapolis, Indiana, stated he his here also has their entire fiber running underneath representing the Ed Martin Automotive the blacktop. Mr. Chappell added they are group. proposing in place of putting concrete sidewalks in, do an invert (a rise) up to the Mr. Chappell stated they tried to not encroach state property and paint a five-foot strip for on the state at all, but that was not an option designated walk-ways. The problem is that in in this particular situation. Around each pole front of our property, it is wider and as you and the sign, they will make a four foot bump- travel towards 53rd Street, it narrows way out (pad) so that it meets the ADA Guidelines. down because of the two restaurants (Arby’s Mr. Chappell added there will be no places and Taco Bell). around the Chrysler building that does not meet ADA code. Mr. Williams asked how this invert would look? Mr. Chappell pointed to the overhang presentation east where the other parking lot Mr. Chappell stated it will be a flat portion of in front of the old Robert Hall building. Mr. the road and then it will start to taper up. It Chappell stated there is now a two-foot strip will probably elevate somewhere about six to that has been there for a long time. The eight inches. It will just simply be a road with petitioner is proposing to add to that strip to just a slight elevation coming up and sidewalk make it ADA compliant all the way across. along the top of it painted in with bright This will put it out on State property. yellow paint, on top of the black top. Mrs. Klungness asked how far out on the Mr. Smith asked if part of the curb will be State property would the sidewalk be? part of the walk-way? Mr. Chappell stated 31” or a little less. The Mr. Chappell stated there were no curbs out full length of the Ed Martin property will be there because of the way the state’s property concrete sidewalks that will be ADA comes up to those poles, there’s no curbing compliant. there at al. Mr. Chappell added it will just look like an asphalt road with the sidewalk Mr. Williams asked how much of a bump out painted on it. would be around the light poles? 2 Mr. Smith asked if the asphalt would appear Mrs. Klungness stated she knew there could to look like a curb? be issues for a snowplow, but she just wants a safe place for pedestrians to walk. Mrs. Mr. Chappell stated yes, except it will be a Klungness added she was not sure about gradual coming up. pedestrians walking on a slope. Mr. Smith asked if the painted part would be Mr. Chappell stated it will slope at about a a straight elevation? quarter of an inch per foot and there is about twelve feet total. That makes them slope Mr. Chappell stated yes, it would be at the top about six inches from the center of the road to next to the State’s property, a five foot strip the top of it. next to that drive. Mrs. Klungness stated that doesn’t sound so Mr. Suko asked if there was going to be a drop bad. off on the State roadside? Mr. Williams stated maybe the petitioner Mr. Chappell stated it would still drop like it should consider marking the walkway like does now. There are poles all the way down Indianapolis does on their pedestrian walks through there that are on the state property and bike trails. line. Mr. Chappell stated that is what they are Mrs. Klungness stated she did not think this proposing. was a good alternative to sidewalks. If the cars were not parked in front of the barriers, Mr. Smith asked if the access road is private there would be enough room to put a raised property or a public street? sidewalk in that strip. Mrs. Klungness added she would not want to encourage anyone to Mr. Montgomery stated it belongs to Ed walk on a sloped sidewalk. Martin. Mr. Chappell stated they agree that there Mr. Smith asked how it would affect the should not be any sidewalks out there because parking of the sells if they were to build a of the traffic flow out there. three-foot sidewalk? Mrs. Klungness stated people walk on Mr. Chappell stated the front row of cars sits Scatterfield Road all of the time. in front of the building; it cuts the road-way down to just under 20 ft. If we take another Mr. Chappell stated they walk on the access five to six feet, it will make that road even road, not Scatterfield Road. smaller for vehicular traffic. Mr. Williams asked if there was anticipation Mr. Williams asked if the cars parked there that quite a few pedestrians will use this generate many sells? walkway. Mr. Chappell stated absolutely, that is all Mr. Owens stated he can’t answer quantity people see. The eye is what sells the car. wise, but has witnessed people walking between the hotel and Taco Bell and Arby’s. Mr. Smith asked if the painted lines of the Mr. Owens added he just wants it to be a safe walkway will be maintained? place for people to walk. Mr. Chappell stated he could assure the Board Mr. Williams stated it might be a good idea to that as long as he is in the position he is, have speed bumps on that access road to try to when they line the parking lot, they will reline encourage vehicles to slow down. the walkway. 3 Mrs. Klungness asked if there should be at Mrs. Klungness stated the curbing makes least curbing around that property? everything look nice. Could a roll curb be put there? Mr. Chappell stated the problem is, if we do the invert, the curbing would be even higher Mr. Chappell stated it would just be a matter than the black top is. Mr. Chappell added the of building it up. If you look at it from the curbing would not stay on the black top the street, there will just be a big high curb of first time a snowplow hits it. It would have to concrete. The curb would have to be built as be built higher than what the slope is, plus high at the blacktop. with what is already there. Mrs. Klungness asked if there would just be Mr. Smith asked Mr. Byer if it could be stated dirt next to it? in a covenant that the walk-way line will be maintained in the future? Mr. Chappell stated they are going to have landscaping come up against the slope. Mr. Byer asked Mr. Chappell if Ed Martin was on a regular cycle now, as far as striping Mrs. Klungness asked if there should be a and lining. waiver from curbing if there is not going to be any sidewalks. Mr. Chappell stated yes, the lines are kept up once a year. The wintertime is what hurts the Mr. Owens stated yes. paint, so in the spring they are repainted. Mr. Chappell stated our business is important Mr. Byer stated the provision could be to us and what the public sees is what brings included that currently they will maintain the them in the door. Ed Martin will make the lines. property look nice and inviting. Mr. Williams asked if the cars are bumped Mrs. Klungness asked if there was an back as far as they can go. agreement for Ed Martin to maintain the access road. Mr. Chappell stated they back the longest vehicle back and then line anything shorter Mr. Chappell stated absolutely, they maintain with the front bumper of that vehicle. that street 100 percent. Mrs. Klungness asked if the cars are parked Mrs. Klungness stated she thinks it would in an angle. look better with curbing, not asphalt curbing. Mr. Chappell stated they have never been Mrs. Klungness made a motion to approve angled. Petition #4-12 for a variance from the sidewalk requirement. The approval of the Mrs. Klungness stated they are angled on the proposed variance would not be injurious to drawings. the public health, safety, morals and general welfare of the community because while there Mr. Montgomery stated that was the won’t be a traditional sidewalk on Scatterfield architect’s mistake. Road, there will be a designated secure walking area for pedestrian traffic. The Mrs. Klungness stated the road is not very sidewalks on the north side will be adapted to pleasant to look at, will it look better? meet all ADA code requirements with step- outs or widening. The approval of the Mr. Chappell stated it will have grass; the proposed variance would not adversely affect black-top will slope down. There has not been the surrounding properties because there anything done because of the construction. aren’t adequate sidewalks originally there and these will be improvements to that. The strict application of the terms of the zoning 4 ordinance would result in practical difficulties in the use of the property, if the proposed variance were denied because they are running into problems with the State property and areas that the petitioner can put sidewalks in so they are making adjustments to the pedestrian traffic as well as meet all ADA code requirements and have still have sidewalks in the designated walking areas. If denied, it could cause difficulties in the use of the property and that the access road on Scatterfield Road would be smaller. It would not be safe for the traffic or pedestrians. Mrs. Klungness added the approval for a waiver for any additional curbing along Scatterfield Road. This motion is based on the condition the petitioner has agreed to annually maintain the pedestrian striping of the sidewalk. Mr. Suko seconded. Motion passed 4 yes, 0 no. Mr. Montgomery stated Ed Martin is going to replace all the lighting on the side of the buildings with LED lights. This will cost close to 500,000 dollars because he wants it to look good. MISCELLANEOUS: Meeting adjourned at 5:13 pm BY: ______________________________ Mr. Williams, Chairperson ATTEST: ___________________________ Anna Allman, Board Secretary 5