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Carmel Board of Zoning Appeals
Hearing Officer
Monday,August 25, 2014 Meeting
5:15 p•m•
Caucus Rooms, Carmel City Hall
Present: James Hawkins, Hearing Officer
Connie Tingley, Recording Secretary
Maggie Crediford, Recording Secretary
Staff Member: Alexia Lopez, Planning Administrator
Legal Counsel: John Molitor
Public Hearing:
I1. (V)Village of WestClay, Sec. 10010-A,Lot 1002,Model Home Extension
The applicant seeks the following development standard variance for a model home:
Docket No. 14080001 V ZO CH 25.16.02: Model Home Temporary Use Not To Exceed 36 Months,
1 additional year requested
The site is located at 12610 Brandenburg Dr and is zoned PUD (WestClay Village PUD Z-465-04). Filed by Suzette
Schuette with Pulte Homes of Indiana, LLC.
Present for the Petitioner:
John Fryling,Pulte Homes of Indiana, LLC
• Extension of one year for current model home
o 24 lots left to sell
o Expect to be fully built-out within 12 months
Public Hearing closed
Department Report:
Alexia Lopez
• Model home permitted as temporary use
o Not exceed 36 months
• Do not believe negative affect on surrounding properties
• Temporary parking has been removed
o Full driveway in front of home
Department recommended approval of the variance for one year.
WWW.CARMEL.IN.GOV Page 1 of 7 (317)571-2417
Carmel Board of Zoning Appeals
Hearing Officer Meeting
August 25,2014
Discussion:
• Approximately 60 lots sold in three years
• Final section just opened
Action: Mr. Hawkins APPROVED Docket No. 14080001 V, Village of WestClay, Sec. 10010-A, Lot 1002,
Model Home Extension, for one additional year.
2-4. (V) Geico Parking Lot Expansion
The applicant seeks the following development standard variances for a parking lot addition:
Docket No. 14080003 V ZO CH 23B.12: No Parking between US 31 and the Front Build-to Line
Docket No. 14080004 V ZO CH 27.05: 25 ft Min Parking Aisle Width,24 ft requested
Docket No. 14080005 V ZO CH 33.07: 50%Tree Preservation, reduction requested
The site is located at 10220 N Meridian Street. The property is zoned B-5/Business and S-2/Residential within the
US 31 Overlay District. Filed by Jason McNiel with Ice Miller on behalf of Carmel Indy Properties, LLC, owners.
Present for the Petitioner:
Jason McNiel, Ice Miller
• Parking lot currently on site between US 31 and front build-to line
o Will extend and re-do parking lot
o Providing parking to building to west (Geico)
o Will continue existing use
o Consistent with surrounding uses; hotel and office buildings
• Current parking aisles are 24 feet
o Continues and extends current use
• Not many trees in parking lot
o Plan to preserve about 25% of trees
o Many trees already removed by State in US 31 improvements
• Continuing current use
o If unable to continue, create practical difficulties for parking needs
Public Hearing closed
Department Report:
Alexia Lopez
• Expanding and continuing use of current parking lot
o Expanding parking south to add parking for office building to west
• Do not anticipate negative effect on any surrounding properties
• Still maintaining 30-foot greenbelt along US 31
• Will not be preserving 50% of trees
o Will be adding some in parking lot landscaping areas
Department recommended favorable consideration of all three variances
Discussion:
• Parking will be used by Geico building to west
o Believe US 31 will be elevated and looking down on parking lot
• Department is satisfied with commitment for trees
Page 2 of 7
Carmel Board of Zoning Appeals
Hearing Officer Meeting
August 25,2014
I 0 Additional trees in parking lot as part of landscape plan
Mr. Molitor:
• Plan Commission urged Petitioner to work with Urban Forester to remove shrubbery underneath
highway ramp
o Move to other sections of parking lot
o Any new landscaping will follow Ordinance
Action: Mr. Hawkins APPROVED Docket Nos. 14080003 V through 14080005 V, for no parking between
US 31 and the front build-to line (parking requested); 25 feet minimum parking aisle width (24 feet requested)
and 50% tree preservation (reduction requested).
Remainder of items gave Public Notice for 5:30 p.m.
5. (V)Logan Garage Setback, 2208 W Main St
The applicant seeks the following development standard variance for a new detached garage:
Docket No. 14070006 V ZO CH 25.01.01.B.3.A: Garage to be Setback 25 ft Behind Front of Home,
garage forward of home requested
The site is located at 2208 W Main Street and is zoned S-1/Residential. Filed by John Logan, owner.
Present for the Petitioner:
John and Jill Logan, owners
• Home on 4.7 acres; not part of a development
• Structure will be 26 feet from adjacent property line
• Structure will be 110 feet from adjacent house
• Structure will be 140 feet from street
• Will not need to remove eight large, mature trees
• Garage door will not face street
• Structure will be built to City Code
• Structure will tie in architecturally with existing home
• Will be utilized for personal use and items
• Will be appropriately landscaped
Public:
James Richey
• How far from front of house?
Details:
John Logan
• 24 by 54 structure will be 50 feet in front of house
• Rendering shown
• Detached garage
Public Hearing closed
IDepartment Report:
Alexia Lopez
• Ordinance requires accessory structures to be behind the front of home
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Carmel Board of Zoning Appeals
Hearing Officer Meeting
August 25,2014
• Home sets back very far from Main Street
o Existing trees prevent garage from being located further back on parcel
• Garage will be 140 feet from street and 26 feet from adjacent property
• With garage doors facing home, smaller side will face street
• Will tie in architecturally with home
Department recommended approval of the variance
Action: Mr. Hawkins APPROVED Docket No. 14070006 V, Logan Garage setback for garage to be
forward of home.
6-7. (V)McAteer Guest House,951 W 116th St
The applicant seeks the following development standard variances to build a new guest house:
Docket No. 14070022 V ZO CH 25.01.01.B.3.A: Accessory Building to be Setback 25 ft Behind Front of
Home, guest house requested forward of home
Docket No. 14070023 V ZO CH 25.01.01.B.1: Max Height 18 feet
The site is located at 951 W 116th Street and is about 27.7 acres. The property is zoned S-1/Residential within the
116th Street Overlay. Filed by Paul Reis with Krieg DeVault LLP, on behalf of the owners.
Present for the Petitioner:
Paul Reis, Krieg DeVault, and Brad Ennis, Ennis Custom Homes, general contractor
• Site plan shown
• Lot drops off severely behind house
o Not practical to build guest house in that location
• Heavily treed lot with existing tennis court and barn
• Guest house will be screened from road and adjacent properties
• Elevations shown
• Extended height makes it complimentary and consistent to other homes in area
Public Hearing closed
Department Report:
Alexia Lopez
• Petitioner building new home and guest house on site
• Guest houses permitted as accessory structures on parcels over one acre
• Topography of site prevents guest house from being located behind main home
o Significant grade change
o Home is set back very far
• Do not anticipate negative effect on surrounding properties
• Guest house set back over 300 feet from road and 60 feet from adjacent property
• Guest house complimentary to architecture of main home
Department recommended approval of variances.
Discussion:
• Guest house will not be parceled off in future
Page 4 of 7
Carmel Board of Zoning Appeals
Hearing Officer Meeting
August 25,2014
IAction: Mr. Hawkins APPROVED Docket Nos. 14070022 V and 14070023 V, McAteer Guest House for
accessory building to be setback 25 feet behind front of home (guest house requested forward of home) and
maximum height 18 feet (approximately 23 feet requested).
8-11.(V) 1800 W 106" Street
The applicant seeks the following development standard variances for a 2 lot subdivision:
Docket No. 14070024 V ZO CH 5.01.02: Max Density 1 Lot/Acre, 1.36 lots/acre requested
Docket No. 14070025 V ZO CH 5.04.03.A 40 ft Min Front Yard Setback, 15 ft requested .
Docket No. 14070026 V ZO CH 26.04.05 15 ft Front Bufferyard,5 ft requested
WITHDRAWN Docket No. 14070027 V ZO CH 26.04.05 20 ft Rear Bufferyard,5 ft requested
The site is located at 1800 W 106th Street and is about 1.47 acres. The property is zoned S-1/Residential. Filed by
Steven Granner with Bose McKinney&Evans LLP, on behalf of 1800 106th Street Partners, LLC, owners.
Present for the Petitioner:
Steve Granner, Bose McKinney& Evans, and Mark Zukerman, Encore
• Wish to withdraw Docket No. 14070027 V,rear bufferyard (in floodplain)
o Existing trees on site cover landscape requirements
o Urban Forester will take inventory and tell them if they need to add landscaping
• Variance filed and approved in 2009
o Expired three years after approval
• Divide parcel into two lots; 1.36 lots per acre
• Right-of-way taken from front of parcel for multi-use trail along 106th Street
o City applied for variance for reduced front yard setback of 15 feet (variance expired)
Remonstrance:
Mary Blitz
• Size of homes
o Floodplain/creek in back
o Bike path in front
Reina Decapua
• Concerned with closeness to road
o Her lot approximately same size
o Five-foot bufferyard
o Attended 2009 meeting when 15-foot setback was approved
• Concerned about sewer location
Rebuttal:
Mark Zukerman
• 360+ feet of frontage
o Each about 180 feet wide
o Normal R-1 lot is 100-120 feet wide
o Originally 1.95 acres before City took right-of-way for path and waterline underneath
o 15-foot variance in 2009 would provide right-of-way and useable ground
• 50 feet taken from front of property
• Making parcel long and narrow
• First home will be built on the shallowest, western lot
• Larger, empty-nester with master on main floor, bedrooms up
Page 5 of 7
Carmel Board of Zoning Appeals
Hearing Officer Meeting
August 25,2014
• More width, less depth
• 3400 square feet; $1.2 million
• No covenants or restrictions for minimum square footage
• Both lots in front of floodplain
• Interceptor for sewer immediately behind lots
o Well-run interceptor on other side of creek
o Already lateral from well-run interceptor across and under 106th Street to Woodhall Lane
o Two taps put in for these lots
o Sewer capacity already there
• Bufferyard is not the setback line from street
o It is area for plantings in front yard
o Will be 15 feet behind right-of-way
• Centerline of street to front of path is 30 feet
• Path goes from 30 to 40 feet tier
• Another 10 feet negotiated when path went in so house would not set up against the path
• Another 15 feet after the 10 feet
• From back of path will be 10 feet of right-of-way and 15 feet additional before
front yard minimum setback
Public Hearing closed
Department Report:
Alexia Lopez
• Bufferyard is landscaping for any new subdivision
o Buffer between adjacent uses and the street
o 106th Street requires 15-foot bufferyard for plantings
• Requesting 5 feet for plantings
• Requesting 15 feet setback
• Home will be setback 15 feet from property line
• Variance for 15-foot setback was granted in 2009
o City brought petition through because of taking right-of-way for the multi-purpose path
o Floodplain in back reduces buildable area for lots
• Splitting the parcel requires the variance for density
o Only two lots and two homes
• Do not anticipate any negative effect on surrounding homes; enhance area
• Best interest of homeowner to set the home back
o Determined by floodplain
Department recommended approval of the three variances
Discussion:
• Hard to fill in floodplain area
o Need approval from County Surveyor's Office
o Filling in area would eliminate existing trees
• Depth of western lot is approximately190 feet with about 75 feet in floodplain
o Property line follows creek
• Creek will not be affected by construction
Page 6 of 7
Carmel Board of Zoning Appeals
Hearing Officer Meeting
August 25,2014
o No building in flood area; approximately 80 feet from center line of creek
o Any construction in floodplain area would need Hamilton County Surveyor's approval/permit
o Area floods quickly
o Buildable area is 8 feet above creek level
o Home will have traditional basement; no windows or doors because of flood elevation and
insurance
• Will need to go through Plan Commission for Primary Plat and Secondary Plat
o Engineering will look at drainage, grading, etc.
o Ordinance does not permit building in floodplain
• Building permit will need to show elevation outside flood zone
Action: Mr. Hawkins APPROVED Docket Nos. 14070024 V through 14070026 V, 1800 W. 106th Street,
for maximum density 1 Lot/Acre (1.36 Lots/Acre requested); 40 feet minimum front yard setback (15 feet
requested); and 15 feet front bufferyard (5 feet requested). Docket No. 14070027 V withdrawn by Petitioner.
Adjournment: •
The Hearing Officer adjourned the meeting at 6:01 p.m.
Approved this 2,7i,t1 day of cz� 2014.
He firing Officer—James Hawkins Secretary onn.= Tingley
Filename: 8.25.2014 hearing officer.doc
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