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HomeMy WebLinkAbout05-28-19 AR- /r �r�.31 et ( N. i ,..:1:v.,.., Cityof Cl %IANp Carmel Board of Zoning Appeals Hearing Officer Tuesday, May 28, 2019 Meeting Minutes Location: Carmel City Hall Caucus Rooms,2nd Floor, I Civic Square,Carmel,IN 46032 Hearing Officer: Mr.Alan Potasnik Staff Present: Angie Conn,Planning Administrator Joe Shestak,Administrative Assistant Legal Counsel: John Molitor Time: 5:00 p.m. Public Hearings (V) WestClay Fine Wine& Spirits Signage. The applicant seeks the following development standards variance approval: 1. Docket No. 19040003 V PUD Ordinance Z-465-04,Section 18.3 Requesting a 43 sq.ft.wall sign to face east,not towards a street frontage.The site is located at 12995 Petigru Drive, in the Village of WestClay Uptown. It is zoned PUD/Planned Unit Development. Filed by Doug Staley Jr.of Staley Signs,Inc.on behalf of Norma&John Reeder,owners. Petitioner: Doug Staley Jr.: • The location of the sign is on the west elevation of the building • The sign is 43 sq. ft.,with flat cut out aluminum letters that are black in color • The sign will match the signage on the east elevation of the building • We are seeking this variance because this sign is not on a street frontage • The west elevation is really a true front as it faces the parking lot,and the entrance to the parking lot • The west elevation has the best visibility from 131st Street&Towne Road roundabout • The owners are willing to trade the sign that is allowed on the south elevation • They want to put a smaller secondary signage on the south elevation at a later date Public Comments: None Department Report: Angie Conn: • They want to take what's allowed on the south side and put it on the east side • We support the condition as stated that they can come back at a later date and put a smaller secondary signage on the south elevation. Norma Reeder: I might do an awning type of sign for the secondary signage. • This building sits on a corner lot so it can be seen from two street frontages- Petigru Drive&Harleston Street • The Petitioner was notified recently that the roof top equipment will need to be screened IBoard Comments: Alan Potasnik: • When will the screening of the roof-top materials be done? Norma Reeder: By the end of June 2019 • Are they near exceeding the limit of the sq. ft. of the signage? Angie Conn: The VOWC is a unique development and has their own PUD and is different than the City's Sign Ordinances. Doug Staley,Jr.: They are allowed 45 sq.ft.on the west elevation. The east elevation,if a street frontage would be allowed 45 sq. ft. and we are at 43'. 1 BZA Hearing Officer Minutes 5-28-19 Approved 1-0,with Conditions: The tenant may utilize secondary signage on the South building elevation as described • in the Village of WestClay PUD Ordinance section 18.3.B,E, F,G,and H through the standard sign permit application process, and screening of the roof top mounted mechanical units must be done by June 30,2019. (V)Giannini Pool. The applicant seeks the following development standards variance approvals: 2. Docket No. 19040012 V UDO Section 5.02.C.7 Min.swimming pool setbacks of easement width plus 3' at rear and min. 10'side required; 15' rear and 7'7"side requested. 3. Docket No. 19040013 V UDO Section 2.04 Max.35% (50%) lot cover allowed; 54% requested. The site is located at 5961 Heaton Pass, in Chapman's Claim at Prairie View Subdivision, Section 2A,Lot 87. It is zoned S 1-Residence/ROSO I. Filed by Marge Mikels of Pools of Fun,on behalf of Gery&April Giannini, owners. Petitioner: Dotty Canfield,Pools of Fun: • We are requesting to build a 14'x24' pool • The concrete at the back of the pool will be encroaching on the rear easement by 1' • The pool's length will match up to the side of the home,which is encroaching 7'7"into the sideyard • The Giannini's are removing their existing deck,and building more decking. They are keeping the existing landscaping and trees. There's a real tight space where the pool can be placed. Public Comments: Kyle LoCascio,5959 Heaton Pass: We live right next door. I'm fine with their variance requests. Department Report: Angie Conn: • This subdivision is zoned ROSO I. It was platted under Residential Open Space Ordinance where the lots were platted to be smaller so the overall neighborhood can have some platted open space. • Their lot coverage has a grandfathered status of 50%and they are seeking 4%more=54%total • The Engineering&Planning Depts.are fine with these variance approvals as long as they get their Consent to Encroach approval from the Board of Public Works. Staff would like this as a condition of their approval. Board Comments: Alan Potasnik: • Are you on the agenda with the Board of Public Works? Dotty Canfield: We are not. • Are you aware of the requirement of the Consent to Encroach(to the easement)? Dotty Canfield. We are not. • This approval will be subject to you getting approval at the Board of Public Works. Get together with the Department and see what exactly it is you need to file. Angie Conn: I can send the Petitioner the form. Approved 1-0,with the Condition of the Petitioner seeking to Consent to Encroach approval from the BPW. (V)Keller Pool. The applicant seeks the following development standards variance approvals: 4. Docket No. 19040014 V UDO Section 2.10 Max.35% lot cover allowed,49% requested. 5. Docket No. 19040015 V UDO Section 5.02.C.7 10' min.side pool/equipment setback required,8' requested.The site is located at 906 Auman Dr. W.,on Lot 14 of Auman's Addition. It is zoned R2/Residence. Filed by Daniel Majestic of Perma Pools,on behalf of Michael and Kimberly Keller,owners. Petitioner: Daniel Majestic,Perma Pools: • We want to utilized more of the Keller's yard to accommodate an in-ground pool and pool deck • The overall drainage will be improved • We can direct the service runoff water to the back/southern portion of the property • The pool equipment is the quietest in the industry 2 BZA Hearing Officer Minutes 5-28-19 • We will never have to drain the pool unless we replace the linear which occurs every 7-12 years • If we have to drain the pool,we can direct the water to the sewer drainage in the front of the house • The site plan in our info packet has the location of the pool equipment • Our landscaper will do a great job. They have a good relationship with the City of Carmel • I am working Alex Jordan of the Engineering Dept. We can install a French drain to absorb some of the runoff water created by the impervious surfaces. Public Comments: None Department Report: Angie Conn: • We asked the petitioner for the specs on the pool pump. It's more costly but it's the quietest pump in the industry. • They are working with the Engineering Dept.to address all the drainage and grading concerns • Does the Petitioner plan to put up any privacy fence? Mike Keller: Not initially,but maybe in the future. • We recommend approval with the condition of them meeting all the concerns of the Engineering Dept. Board Comments: Alan Potasnik: • As long as the Engineering Dept.knows the plan and they approve it. Are you aware of these concerns? Daniel Majestic: Yes Approved 1-0,with the Condition of satisfying all the Carmel Engineering Dept.comments and concerns. (V) 1631 W.Main St.Fence. The applicant seeks the following variance approval for a front yard fence with gated driveway: 6. Docket No. 19040017 V UDO Section 5.09 6-ft tall fence in the front yard requested,Max.42-inch allowed.The site is located at 1631 W.Main St. It is zoned S1/Residence. Filed by Andrew&Laurie Schneider, owners Petitioners: Andrew& Laurie Schneider: • We live on 2.7 acres south of Main Street. The ordinance states anything under 3 acres,the height maximum for a fence is 42". • With the size of our property,we think the 6' fence would look better • We will stay out of the ROWs. There's a 45' street ROW and 10' utility easement. The fence will be 55' back from the road. • We have two little kids and with Main Street being busy,we wanted to put up a fence for safety • It will be a black ornamental fencing with stone column work. It will be a high quality project. Public Comments: None Department Report: Angie Conn: • If this parcel was 0.3 acres larger,they would be exempt from this requirement of a variance • The homeowners are working with the Carmel Fire&Police Dept. for emergency gate access • We recommend approval of this variance request Board Comments: Alan Potasnik: None Approved 1-0 (V)761 1st Ave NW-Bain Residence. The applicant seeks the following development standards variance approvals: 7. Docket No. 19040010 V UDO Section 3.64.C.11 Dwelling height greater than 7' taller than nearest Character Building-23' allowed,28.2' requested. 3 BZA Hearing Officer Minutes 5-28-19 8. Docket No. 19040011 V UDO Section 3.64.C.3 Max.45% lot coverage allowed,46.8% requested. The site is located at 761 First Ave NW. It is zoned R2/Residence and Old Town Overlay District Character Subarea. Filed by Matt Huffman of The Old Town Design Group,on behalf of John&Amy Bain,owners. Petitioner:Justin Moffett,Old Town Design Group: • These variances request have been applied for before with other homes we built in this stretch of road • We are required to build new structures to contributing standards,but they're not considered contributing in how we measure new buildings • We sought this very same variance for the home immediately adjacent to the subject home and it was approved a year and a half ago • We believe we should measure the height of the home next to us • We are in align with the other homes on either side of the subject home • All hardscape was added in as a lot coverage definition,so the driveway, sidewalks,and impervious surfaces are included in the count • We will make sure we are not negatively impacting the stormwater by working with the Engineering Department Public Comments: None Department Report: Angie Conn: • They are working with the Engineering Dept.to address all of their comments and concerns • They are contributing into the storm water fund • The adjacent house will be similar in height • The older homes in this area were built in the 1850's • The newly built homes fit more in character with what's being built in the past 10 years • We recommend approval of these Variances • The house architecture fits in with the Old Town Overlay architecture standards Board Comments: None Approved 1-0 (V)248 2°1 St SW—Cohen Residence. The applicant seeks the following development standards variance approval: 9. Docket No. 19040016 V UDO Section 3.64.C.3 Max.45% lot cover allowed,63% requested. The site is located at 248 Second St SW. It is zoned R2/Residence and Old Town Overlay District,Character Subarea. Filed by Matt Huffman of Old Town Design Group on behalf of Alan&Nathan Cohen,owners. Petitioner:Justin Moffett,Old Town Design Group: • This request falls in line with our other similar requests that we sough variance approvals on • We will not negatively impact surrounding property owners and are working with them • Our difficulty is we have to include all the impervious surfaces,the driveway and sidewalk into the lot coverage calculation. If we take those out of account,we would fall under the maximum allotment for lot coverage. • We will pay into the stormwater fund that Cannel is using to build additional stormwater infrastructure in the Old Town area Public Comments: Terry Fleck,225 1st St. SW: We live directly north of this subject property. We are in favor of this request. Typically when they build a new building,they build them higher and this will create additional drainage pressure. Department Report: Angie Conn: • The Petitioner is working with the Engineering Dept.to address the stormwater,drainage,and grading concerns • They are paying into the stormwater fund • The Engineering Dept.did a stormwater project just north of this site to help with the drainage in this area 4 BZA Hearing Officer Minutes 5-28-19 • Improvements to the Monon Greenway are also helping this area overall • We recommend approval with subject of the Engineering Dept. approval I Board Comments: Alan Potasnik: • I will approval this with subject of approval from the City Engineering Department. Approved 1-0,with the Condition of satisfying all Carmel Engineering Dept.comments and concerns. Meetin djou ed at 5:40 p.m. 344;411C-- Alan Pot nik— earing Officer J Shestak—Recording Secretary I I BZA Hearing Officer Minutes 5-28-19