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HomeMy WebLinkAboutMinutes BZA 08-26-19 cp\oF\CAR44. jT of Carmel u.` (W /N��AN?. Carmel Board of Zoning Appeals Regular Meeting Minutes Monday, August 26, 2019 Members Present: Kent Broach Leo Dierckman Brad Grabow James Hawkins Alan Potasnik Staff Present: Angie Conn Joe Shestak Mike Hollibaugh Legal Counsel: John Molitor Time of Meeting: 6:00 PM Approval of Minutes of Previous Meetings: A Motion made by Leo and seconded by Brad to approve the minutes from July 22,2019 BZA Meeting. Approved 5-0 IReports,Announcements,Legal Counsel Report,and Department Concerns: Angie Conn: There's a request to suspend BZA Rules of Procedure; Woody's Flaming BBQ public notice ad in the Indy Star was two days late. • E.Davis Coots: We posted the public notice sign in the front yard and mailed the notification letters in a timely manner. Our public notification in the Indy Star was two days late. A Motion by Leo and second by Brad to suspend the BZA Rules of Procedure in order to hear Docket No. 19070010 V at tonight's meeting. Approve 5-0 Public Hearings (V)Woody's Flaming BBQ. The applicant seeks the following development standards variance approval to store two smoker trailers: 1. Docket No. 19070010 V UDO Section 5.02 Max.24' x 30' detached garage allowed,26' x 30' garage proposed.The site is located at 1516 Norriston Dr.(Surfwood Heights Subdivision,Lot 8).The site is zoned S2/Residence.Filed by E. Davis Coots of Coots Henke and Wheeler,on behalf of Claude Wood and Linda Martel,owners. Petitioner: Dave Coots • Presented an aerial map to show the location of the subject property • The homeowners have lived here since 2011 • The process of cooking the meat involves creating heat and smoke in two trailers.They do this at 10611'and College and at the sites they serve at. • They prepare the meat at their residence once or twice a month to feed the homeless at various facilities • After this residential area was annex by the City,the homeowners were notified by Code Enforcement of the parking and storage of the two smoker trailers on the driveway of the property. • We are proposing to relocate the trailers to the north side of their property in a garage structure • In order to accommodate the size of the trailers,the new garage will be 28' x 30' • Access to the new garage will be by extending the existing driveway north to the garage entrance 1 Minutes Board of Zoning Appeals 8-26-19 • Presented a site plan,the new garage will be within the side and rear yard setbacks allowed by the zoning district • Presented north, south, east, and west elevations of the garage • Materials of the garage will be made of wood and shingles. It will be painted white. • Storing the trailers in the proposed garage will satisfy the concerns from Code Enforcement • Presented photos of detached garages, there are similar detached garage structures in this neighborhood • We have been in communication with neighbors and the staff addressing the smoking of meats on the premises • We have no problem committing to no smoking of meat at the residence that would be sold for his business • The owner will smoke meat for his family and twice a month to the homeless shelters at his residence • We will include the commitment in our approval of no cooking or preparing of meat for commercial purposes • Nothing is done in his residence. It is done off-site. The trailers are stored at his home. The trailer he uses is self- contained,having a generator and water access • We ask for your approval of our DSV request for the size of the accessory building Linda Wood,homeowner: • We would like to explain why we want to help the less fortunate in our community • Mr.Wood was homeless as a child and was taken in by a farmer.He was shown to help others when there was extra food produced by the farm. • We provide and donate cooked meals to local organizations that help feed the homeless • We don't run our BBQ business from our home. We don't want strangers coming to our house to purchase food. • The cooking we do at our home is for personal use or it is donated to the homeless • Occasionally,we have allowed our neighbor,Mark,to use our smoker to provide food for St.Vincent DePaul • We would limit our smoking of meats for charitable uses to one day a week to limit the amount of times we would produce smoke in our neighborhood Alan: How many are here to speak for or against this petition? 6 people raise their hands. You will have 3 minutes each to speak. I will now explained the Rules of Procedure for a BZA public hearing. Public Comments: John Olsen, 116th&Ralston: I'm in support. I've known Woody for 10 years. I'm involved with Cannel Rotary Club and Mr. Wood has helped us out by providing us with free food. Brian Ferry,Brookshire North: I'm in support. Mr. Wood does wonderful work for a lot of local organizations Jason Randlett,Brookshire Pkwy: I support the structure that would be built to hide his trailers. Mr. Wood provided Fletcher Community Place and the Lions Club with free food. Jeff Steel, 1509 Norriston Drive: I'm in support. They have been wonderful neighbors. They have never bothered us. Mark Mallare, 1508 Norriston Drive: I don't have a problem of the accessory building. There are multiple accessory buildings on this street. Claude and Linda are an asset to the community. They donate their food to the homeless. Mr. Wood allows me to use his equipment to heat up food for the homeless. Dan Stevenson, 1511 Norriston Drive: I'm against this petition. I have my concerns. I don't want this to be a personal attack on Mr. Wood. I have looked at all the information about this petition. For him to properly operate his business,he needs a commercial location and kitchen where he can get the proper health permit and license.The Health Department will not issue a permit for a commercial kitchen in a residential neighborhood.His commercial building should be located in the correct zoning area that allows it. His trailer and vehicle together is very large and Norriston Dr. is not made for it. Rebuttal to Public Comments: Dave Coots • Mr. Wood has the required Hamilton County Health Permit.Presented the county health permit to the Board. • Mr.Wood's trailer is equip to handle all the requirements necessary for him to conduct his food business • The only utilities to this garage will be electric. No water or a bathroom. It will be strictly for storage. Department Report: Angie Conn: Minutes Board of Zoning Appeals 8-26-19 2 • The primary reason for the variance is for the size of the detached garage • This came about the annexation of this area and Code Enforcement caught the trailer parked in the driveway • The trailer needs to be stored in a structure • The garage meets the setbacks and lot coverage requirements • The driveway is 10' off the side yard, so there's enough room to allow for drainage • The home occupation standards state only 15%of the home can be used for a home occupation • Smoke and odor should not be omitted but we do understand the smoking of meat for personal use • We have concerns for changing the residential character of the property to look more like commercial • We contacted the Hamilton County Health Department about their permit.There are different stipulations for each type of permits they issue. • We are in support of the variance with the condition that no meat is smoked at all on this site Board Comments: Leo: My concern is we are trying to regulate the smoking of meats,which is a Special Use(SU)Variance. We are here to decide if this garage is appropriate or not. If the smoking of the meats becomes an issue,they should be come back for a SU request. Can Staff clarify on this? Angie: We would need a site visit by Code Enforcement, to see what's going on inside the house and how much of the house is being used for food prep. A Use Variance (UV) would be needed for a catering business. Leo: How are we going to enforce the smoking of meats? I would move to approve this without the language "smoking of the meats" because they would have to come back to the BZA if they are running a catering business out of their home. On a Motion made by Leo and seconded by Kent to approve Docket No. 19070010 V Approved 5-0 (SU)Clay Center Rd.Elementary School. The applicant seeks the following special use approval for a new school: 2. Docket No. 19060003 SU UDO Section 2.03 Permitted Uses,Education Special Use required. The site is located at 12025 Clay Center Rd. and is 35 acres in size. It is zoned S1/Residence and Silvara PUD/Planned Unit Development.Filed by Ron Farrand of Carmel Clay Schools. Petitioner: Brent Hite,CSO Architects • Presented a site plan • The Cannel Clay school district will be building two new elementary schools • The current zoning district is estate residential, Special Use(SU)approval is needed for a school in this area • A detention pond will be on the southeast side of the site • The existing baseball fields at Carmel Elementary school will be relocated to this school's campus • There will be curb cuts on the north and south of the school. South is only for buses and service vehicles,and the north is for parents picking up their children • We scheduled two public meetings for the adjacent neighbors and two school board meetings. We received a lot of feedback. We agreed to increase the landscape buffers to the north of the site. We agreed to add fencing and natural buffers around the detention pond. • There's no future development plans for the open space on this site. We would come back to the BZA if any plans are introduced. • The original Jackson's Grant PUD showed the stub street of Domino Drive going north and connecting back to Jackson's Grant,and not Clay Center Road. • Staff requested to directly connect Domino Drive to Clay Center Road.The neighbors and school district are very concern of Domino Drive going through the school campus. • We met with Staff to discuss a compromise and redesigned the detention pond so Domino Drive can connect to any future development to the south of this site • The property to the south has an access driveway and we will work with the property owner for any future development on their site. • The capacity of the school is 750 students, 80 staff members,and we are estimating 12 school buses Public Comments: None Minutes Board of Zoning Appeals 8-26-19 3