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HomeMy WebLinkAboutMinutes BZA 04-28-14 Hearing Officer GSQz,RTNCR R�<;" „GZEISAIM:J_ i S A iiNelE1WiffN FnR/01141At W t or carms INDIAPIP MINUTES Carmel Board of Zoning Appeals Hearing Officer Monday,April 28, 2014 Meeting 5:15 p.m. Caucus Rooms, Carmel City Hall Present: Alan Potasnik, Hearing Officer Connie Tingley, Recording Secretary Staff Members: Alexia Donahue-Wold, Planning Administrator Legal Counsel: Ashley Ulbricht and John Molitor Public Hearing: I 1. (V) Rembusch Residence, Lot Coverage. . The applicant seeks the following development standards variance for a new house: Docket No. 14030016 V ZO CH: 23D.03.C.3.c(iii) Max Lot Coverage 45%,59% requested The site is located at 410 1st Ave NW. The site is zoned R-2/Residential within the Old Town Overlay Character Sub-area. Filed by David Klain with DB Klain Construction. Present for the Petitioner: David Klain • Accomplish 59% coverage by installing rain garden per Carmel Engineering Department's guidance o Corner 1St and 4th making "L" on front portion o Rain garden will alleviate run-off concerns • Tying in all gutter downspouts and everything • Received demolition permit Public in favor: Toby Holcomb, 140 4th Street Steve Maynard, 120 4th Street Public Hearing closed. Department Report: I Alexia Donahue-Wold • Parcel is existing lot in Old Town o Smaller lot o Rain garden will offset increased lot coverage • Help with stormwater and drainage WWW CARMEL.IN GOV Page 1 of 7 (317)571-2417 Carmel Board of Zoning Appeals Hearing Officer Meeting April 28,2014 o Have not received any remonstrance o Design of home should fit in with character of homes in Old Town o Addresses corner and streetscape well Department recommended positive consideration with the Condition the rain garden be installed per the standards of the Carmel Engineering Department. Discussion: • Existing home will be demolished • Rain garden will not adversely affect any drainage in the area Action: Mr. Potasnik APPROVED Docket No. 14030016V, Rembusch Residence, lot coverage, for maximum lot coverage (45 %permitted, 59% requested) with the Condition the rain garden be installed per the standards of the Carmel Engineering Department. 2. (V) Brackenridge Addition, Cool Creek Estates, Sec. 1 Lot 9. The applicant seeks the following development standards variance for a home addition: Docket No. 14040003 V ZO CH:8.04.03.A: 35 ft Min Front Yard Setback, 20 ft requested The site is located at 1102 Ridge Road and is zoned R-2/Residential. Filed by the owners Dennis Brackenridge & Heidi Shurts. Present for the Petitioner: Dennis Brackenridge • Overall plan will extend garage to west o Going 15 feet into the setback o Will build two bedrooms over current two-car garage o Brick will match current home o Re-side whole house Public Hearing closed. Department Report: Alexia Donahue-Wold • Corner lot with two front yard 35-foot setbacks o West portion used as a side yard o Street dead ends with only one other home o New setback would be 20 feet from property line o Addition will match existing home o Smaller portion of garage will face street o Garage doors will not face neighbor o Have not received any remonstrance Department recommended approval of the petition Discussion: • No changes to south elevation o Extension of home will be to west Page 2 of 7 Carmel Board of Zoning Appeals Hearing Officer Meeting April 28,2014 • Will not exceed current side yard setback requirements Action: Mr. Potasnik APPROVED Docket No. 14040003V, Brackenridge Addition, Cool Creek Estates, Sec. 1 Lot 9, for minimum front yard setback(35 feet required, 20 feet requested on west property line). Break in meeting until 5:30 p.m. to hear remaining items. 3. (V) Singh Fence, Cypress Estates, Lot 2. The applicant seeks the following development standards variance for a new fence: Docket No. 14030011 V ZO CH: 25.02.02: Max Fence Height 6 ft, 8 ft requested The site is located at 11585 Freeport Dr. The site is zoned R-1/Residential within the Home Place Overlay. Filed by Mona P. Singh, owner. Present for the Petitioner: Mr. Harpreetinder Singh • Monon Trail is higher than their property o People on Trail can look over their current six-foot fence and into their home Remonstrance: Ron Warner, Senie Lane • Ordinances in place for reason • He looks across their property o Prefer natural barrier o Or only 8-foot section immediately east of their house with remainder being 6 feet Public Hearing closed. Department Report: Alexia Donahue-Wold • Property abuts Monon Greenway o Heavily travelled pedestrian and bicycle path • Petitioner concerned about privacy between home and Monon Greenway • City policy to permit 6-foot fences in side and rear yards o To prevent walled-off or tunnel look; promote sense of community o Department proposed compromise of 7 feet o Pictures shown indicating difference in height o Lots of deciduous trees for screening • Less screening in winter; but less people using trail in winter o Liked remonstrator's suggestion of only portion behind home being 8 feet and large remainder 6 feet Department in favor of Docket, but recommended height of fence be reduced to seven feet IDiscussion: • Board not generally in favor of 8-foot fences on the Trail o Windows are open into sunroom on back of home for users of Trail to see into home • Maybe some other way to solve issue o Shades and mounding Page 3 of 7 I Carmel Board of Zoning Appeals Hearing Officer Meeting April 28,2014 o No reports of people coming onto their property Action: Mr. Potasnik DENIED Docket No. 14030011V, Singh Fence, Cypress Estates, Lot 2, for maximum fence height (6 feet permitted, 8 feet requested). 4. (V) The Seasons of Carmel, Signage. The applicant seeks the following development standards variance approval for a residential complex sign: Docket No. 13120003 V ZO CH: 25.07.02-01(e)1: Minimum setback from the street R.O.W. 5-ft; request is to place sign within the R.O.W. The site is located at 9801 Westfield Blvd. The site is zoned Aramore PUD/Planned Unit Development. Filed by Nick Churchill with Pittman Partners. Present for the Petitioner: Nick Churchill and Steve Pittman, Pittman Partners and Brad Schrage, American Structurepoint • Site hard-scape plan was shown o Small hexagon sign in primary entrance within right-of-way indicated o Standards in City Code for visual obstructions and clearances at intersections • This placement maintains smallest requirement of 15 feet for vision Public Hearing closed. Department Report: Alexia Donahue-Wold • Ordinance requires minimum of 5 feet from street right-of-way for safe vision clearance o Proposed sign would be out of vision clearance o Would be 31 feet in right-of-way o Additional right-of-way dedicated when project developed • Street has not been improved with more lanes at this time • If sign installed five feet from street right-of-way, it would be 50 feet or so from travel lanes • Will meet size and height requirements for residential complex sign o Will need Board of Public Works approval for sign within right-of-way Department recommended approval of the Variance. Action: Mr. Potasnik APPROVED Docket No. 13120003V, The Seasons of Carmel, Signage, for minimum setback from the street right-of-way (5 feet required, request to place sign within the right-of-way). 5. (V) The Seasons of Carmel, Curbing The applicant seeks the following development standards variance approval for a new apartment complex: Docket No. 14020001 V ZO CH: 27.03.02 Perimeter of Parking Lots & Islands to be Curbed, portions w/no curbing requested The site is located at 9801 Westfield Blvd. The site is zoned PUD (Aramore PUD Z-569-12). Filed by Nick Churchill with Pittman Partners. Present for the Petitioner: Nick Churchill and Steve Pittman, Pittman Partners; Brad Schrage, American Structurepoint; Rex Barrett, Barrett & Stokely Page 4 of 7 Carmel Board of Zoning Appeals Hearing Officer Meeting April 28,2014 • Requesting to remove curbs shown in red and blue on final page of provided packet • Multi-family neighborhood held and maintained by single entity ownership o To owner's benefit to make sure everything is well maintained o Zoning Ordinance provides options to remove curbing in pursuit of water quality o Vegetated swales designed within guidelines of Carmel Stormwater Ordinance • Obtained approval of Engineering Department for removal of curbs • Department of Community Services in support of removal of curbs outlined in red, but felt blue ones do not represent increase in water quality o Removal of all blue curbs does not directly equate to water quality improvement, but certain areas on the site do allow for sheet drainage o Differentiation in grades with curbed area in reference to floor elevations and garage floor elevations • By design,never want exterior grade above those floor elevations • Areas outlined in blue are close to garage doors • Potential trip hazard • Aesthetically some concerns • Similar conditions across street at The Retreat with no curbing (photos shown) • 82nd Street Flats also shown Steve Pittman: • These buildings are different than those in front o Aesthetically want to keep residential feel with smaller buildings o Similar to driveways installed at Inglenook without curbs o Larger apartment complex on Penn does have curbs Nick Churchill: • Department Report referred to swales as BMP o Already have two BMP's on site o Designed within guidelines of stormwater manual, do not need to count vegetated swales as BMP • Already have aqua swirl and pond to meet BMP standards Public in favor: Herbert Everson, neighbor adjoining property • Terrible drainage problem for 47 years o Sits on top of 40-inch storm sewer with no inlet o Inlets along 98th Street and Woodbriar, but nothing to help his lot o Seasons area used to be wooded and provided wind break o Underwater now o Bicycle trail along project right-of-way will be underwater if plans are not changed o Has mowed/maintained easement for 47 years Dennis Maurer, neighbor I • In favor of development Public Hearing closed. Rebuttal: Page 5 of 7 Carmel Board of Zoning Appeals Hearing Officer Meeting April 28,2014 Steve Pittman • Appreciated comments by Herb and Dennis • Aware of drainage problem in area o Big drainage pipe put in several years ago by the City to correct problem • Did not install inlet for water from their lots • Committed to City Engineer that inlets would be installed when property is developed Department Report: Alexia Donahue-Wold • Ordinance requires perimeters of all parking lots to be curbed per City standards o Allows waiver if proposed on-site stormwater quality BMP's (Best Management Practices) require the parking lot curbing not be installed o Believe curb areas marked in red in Petitioner's packet are areas that need to be removed to facilitate the sheet flow of the water into the BMP • In favor of those being removed o Not in favor of blue curbs being removed o Without curbing people drive off pavement making cracks in pavement and ruts in grass • That would not be aesthetically pleasing • Would be in favor of curbs being removed if driveways were concrete • Suggested flush ribbon curb to provide edge • Petitioner will not count the lack of curbing as part of the BMP even though designed within standards of stormwater • Grass within the swales • Will meet Engineering standards for BMP Department recommended favorable consideration for the red curbing to be removed, but not the blue, with the Condition that stormwater BMP goes in per standards of water quality BMP. Do not want curbing removed and then asphalt starts to look bad in the future Discussion: • Without curbing, do run risk of people driving off asphalt • Do not want curbing because they do not want grade above the garages • City Engineer's Office signed off on removal of all curbs (red and blue as indicated on plans) • Want more residential feel instead of commercial feel with curbs • Not sure when The Retreat was built without curbing o Before Ordinance requirement or obtained variance • Drainage will not be impeded by not putting curbs in Action: Mr. Potasnik APPROVED Docket No. 14020001V, The Seasons of Carmel, Curbing, for perimeter of parking lots and islands (curbing required, no curbing requested along areas noted in exhibit in packet) with the Condition the vegetated swales be installed and designed as a stormwater BMP. 6-10. TABLED (V) Zeller Carmel (Meridian Mark I & II), Landscape Areas The applicant seeks the following development standards variances: Docket No. 14020008 V ZO CH: 33.06C.1: US 31 30 ft. Greenbelt, 0 ft. requested Docket No. 14020009 V ZO CH: 33.05A.5: 15 ft. Front Bufferyard along 116th St, 0 ft requested Page 6 of 7 Carmel Board of Zoning Appeals Hearing Officer Meeting April 28,2014 Docket No. 14020010 V ZO CH: 33.05A.5: 15 ft. Front Bufferyard along Pennsylvania St, 0 ft. requested Docket No. 14030008 V ZO CH: 27.08: Number of Parking Spaces for Meridian Mark I Bldg Docket No. 14030009 V ZO CH: 27.08: Number of Parking Spaces for Meridian Mark II Bldg The site is located at 11611 & 11711 North Meridian Street. The site is zoned B-5 within the US 31 Overlay Zone. Filed by Zeff Weiss with Ice Miller on behalf of the owners. 11-15. TABLED (V) Meridian Plaza Property The applicant seeks the following development standards variances: Docket No. 14020011 V ZO CH 23B12.A: No Parking Between US 31 & the Build to Line Docket No. 14020012 V ZO CH 33.06C.1: US 3130 ft Greenbelt, 0 ft requested Docket No. 14020013 V ZO CH: 33.05A.5: 15 ft Front Bufferyard along 103rd St, 0 ft requested Docket No. 14030006 V ZO CH: 27.08: Number of Parking Spaces for Meridian Plaza II Bldg Docket No. 14030007 V ZO CH: 27.08: Number of Parking Spaces for Meridian Plaza III Bldg The site is located at 10333 & 10401 North Meridian Street. The site is zoned B-5 within the US 31 Overlay Zone. Filed by Zeff Weiss with Ice Miller on behalf of the owners. Adjournment: The Hearing Officer adjourned the meeting at 6:04 p.m. Approved this ° day of "Ag/e.— 2014. //G,, /�G U Y` - ` ' / Hearing Off er-Alan Potasnik Secretary- Co ,■ e Ti i 'ey I File: 4.28.2014 hearing officer.doc Page 7 of 7