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HomeMy WebLinkAbout09-23-19 City of Carmel 1 BZA Hearing Officer Minutes 9-23-19 Carmel Board of Zoning Appeals Hearing Officer Meeting Minutes Monday, September 23, 2019 Meeting Location: Carmel City Hall Caucus Rooms, 2nd Floor, 1 Civic Square, Carmel, IN 46032 Hearing Officer: Mr. Kent Broach Staff Present: Angie Conn, Planning Administrator Joe Shestak, Administrative Assistant Legal Counsel: John Molitor Time: 5:30 p.m. Public Hearings: WITHDRAWN - (V) Xchocol'Art Signage. The applicant seeks the following development standards variance approval for a 2nd sign (off-premise): 1. Docket No. 19070016 V Monon & Main PUD Z-462-04 Section 2.12.A One sign allowed, Two requested. The site is located at 228 W. Main St. (Monon & Main Subdivision, Lot 1A). It is zoned PUD/Planned Unit Development. Filed by Joann & Roland Hofer, owners. (V) Royal Gallery of Rugs Sign. The applicant seeks the following development standards variance approval: 2. Docket No. 19080007 V UDO Section 5.39.I.2.a.i.1 Wall sign facing north, not toward a street right of way, requested. The site is located at 12345 Old Meridian St. It is zoned UC/Urban Core. Filed by Michael Farahan. Petitioner: Michael Farahan:  We are proposing to install a sign on the side of a wall that’s not facing the street  The sign won’t impede traffic and is necessary due to the diagonal nature of Old Meridian Street Public Comments: None Department Report: Angie Conn  There are currently three existing signs on the site; two wall signs and one ground sign.  The City’s Sign Permit Officer will not issue a sign permit until the existing ground sign is brought up to compliance by adding a masonry base and landscaping. Michael Farahan: That has been updated and I have photos. We are leasing as a co-tenant from John Kirk furniture. The additional sign will help our customers locate us.  Staff recommends positive consideration of the variance request Board Comments: Kent Broach  Is Staff working with a third party to create a sign criteria packet for this site? Angie Conn: Yes, the property owner has come through to secure a sign package, so as it develops there’s a cohesive design for the entire site. Approved 1-0 2 BZA Hearing Officer Minutes 9-23-19 (V) Reddy Residence. The applicant seeks the following development standards variance approvals: 3. Docket No. 19080010 V UDO Section 2.04 Min. 30’ front yard setback for neighborhood allowed, 25’ requested. 4. Docket No. 19080012 V UDO Section 2.04 Max. 35% lot cover allowed, 44% requested. The site is located at 10455 Woodhall Ln. (Woodhall Lane Subdivision Lot 7). It is zoned S1/Residence. Filed by Joe Logan of Timothy Homes, LLC on behalf of Vijayapal & Shobha Reddy, owners. Petitioner: Joe Logan, Timothy Homes:  The plans from the developer showed a 20’ setback on the Primary Plat. We found out the final plat had a 30’ drainage easement, which was not told by the developer. Due to this, we are trying to gain 5’ in the front yard.  The house is designed as a courthouse style with two garages on each side. The front door is 75’ from the street, with the garages pushed up, being 25’ from the street. Because of the courthouse style, we have more concrete. Public Comments: Mike Hollibaugh, Department of Community Services: The developer of subdivision, Mark Zuckerberg called me to say he is running late. He is on his way and had some comments and concerns to discuss. Archana Ranginani, Woodhall Lane, Lot 8: We are building the house next door. The lots are very deep, and not wide enough. It’s hard to build, because of the width of the house. I have less than 40’ in the backyard. Moving the house closer to the street will help with the property values. I’m in favor of moving the house 5’ closer. They have a 12’ side yard setback. I can’t question them if it’s not less than a 10’ setback. We are ready to break ground in a few weeks. Vijayapal Reddy, Homeowner Lot 7: We had no choice but to go with these building plans. The communication between us and the builder were poor. The plans were given to the architect. Kent Broach: We will table this item for 5 minutes to allow Mr. Zuckerberg to get to this meeting so we can hear his comments and concerns. Mark Zuckerberg: We just saw the plans on Friday night when I spoke with Mr. Logan. I wanted to see the side yard setbacks and aggregates. My concern if I take the drawings to the HOA for their architecture reviews, they will want to know how this impacts the neighbors on each side based on the side yard aggregate separation. I only saw the front yard separation. I’m less concern for the front yard and the streetscape. I do not want this to negatively impact the neighbors on each side. I need to be heard from the perspectives of the neighborhood. If the variance is granted tonight, the HOA architectural review board may not grant approval. We haven’t sold the lot on the other side. Hearing the comments from the other side neighbor, Ms. Ranginani, at tonight’s meeting, I’m now in favor. Rebuttal to Comments: Joe Logan: Mark Zuckerberg, the developer talked to me on Friday. He did not have our plans. We didn’t turn in the plot plan because we didn’t know what it would look like until we got our approval from the BZA. Mr. Zuckerberg wanted to know how the lot coverage is going to effect the adjacent neighbors. I emailed the plans that showed the side yard setbacks. We will send out the revised plot plan once it’s completed. I will send Alex Jordan of Carmel Engineering a drainage report once I get a hold of it. Department Report: Angie Conn  This lot has two easements along the back and front which creates some difficulties for the builders  They comply with the side yard setbacks. Their variance requests are only for front yard setback and lot coverage.  The front door will have a 71’ front yard setback. The garages will be pushed up 25’.  The Carmel Engineering Department are still reviewing the plans and Staff would ask for a Condition that the Petitioner addresses all the concerns from the Engineering Department before the building permit is issued. Board Comments: Kent Broach  I will approve both variances subject to the Carmel Engineering Department’s approval Approved 1-0 (V) Griffin Residence,Sunroom Setback. The applicant seeks the following development standards variance approval: 5. Docket No. 19080011 V UDO Section 2.04 Min.40' front yard setback allowed,35' requested. The site is located at 4802 Pendula Drive(Sycamore Farms Subdivision Lot 5). It is zoned S1/Residence/ROSO I. Filed by Mark Griffin, owner. Petitioner: Mark Griffin: • We are proposing to build a 16'xl 8' four seasons room at the rear of our home • Since Gray Road is behind our home, it is considered a front yard with a 40' setback • This new structure will be 23' from the subdivision fence. Two layers of trees exist in this area. Public Comments: None Department Report: Angie Conn • They have street frontages on both sides of their lot. If they didn't have frontage on Gray Road (in the rear)they would not need to request this variance. • The sunroom addition will be complimentary to the existing house architecture and color • The sunroom will be setback 23' from the existing rear yard fence • We recommend positive consideration of this variance Board Comments: Kent Broach • I reviewed the info packet and I do not have any additional comments or concerns Approved 1-0 IMeeting adjourned at 5:34 p.m. , 31,7K ,i Kent roach— earing Officer Jo Shestak—Recording Secretary I BZA Hearing Officer Minutes 9-23-19