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HomeMy WebLinkAbout10-28-19 44 OF CAN, - City'm,ii"=' of Carmel MDIANp r Carmel Board of Zoning Appeals Hearing Officer Meeting Minutes Monday, October 28, 2019 Meeting Location: Cannel City Hall Caucus Rooms,2nd Floor, 1 Civic Square,Carmel,IN 46032 Hearing Officer: Mr.Leo Dierckman Staff Present: Angie Conn,Planning Administrator Nathan Chavez,Administrative Assistant Legal Counsel: John Molitor Time: 5:15 p.m. Public Hearings: (V)Clay Center Rd.Elementary School. The applicant seeks the following development standards variances: 1. Docket No. 19090010 V UDO Section 5.39 Signage. Max.3 sq.f.tall traffic directional signs allowed, 7 sq.ft. requested 2. Docket No. 19090011 V UDO Section 5.02.b.4 Ball field lighting. Max.0.1 foot-candles at property lines allowed,5.1 requested along south. The site is located at 12025 Clay Center Rd. and is 35 acres in size. It is zoned SI/Residence and Silvara PUD/Planned Unit Development. Filed by Ron Farrand of Carmel Clay Schools. Petitioner: Brent Hite,CSO Architects • We have had discussions with the surrounding neighbors on the positioning of the ball fields and school building • We moved the school building farther south away from the residential area north of this to give them a larger buffer from the school • This limited our buildable area so we had to place the baseball fields here(points to map). We tried multiple lighting layouts to meet the City's UDO requirements for 0.1 foot-candle at the southern property line but were unable to achieve that. • We reached out to the southern adjacent property owner,Mr.Narla if he would support to our variance. Leo: Is it possible that anyone else would be impacted by this? Brent Hite: I don't believe so. We have met the foot- candle requirements at all other property lines. We are at zero(0)at the other property lines except at the south. Leo: Is Mr.Narla here to speak in favor? Brent Hite: He could not be here tonight.In our info packet,we included an email from Mr.Narla stating his support of this variance. Public Comments: Mike Stone: Do you have any plans or images of the lighting equipment that show the amount of lights that will be projected?How many lighting poles will be on the southern property line? Rob Bush: How late in the day do you expect the baseball games to go for these fields? How late do the games current go till at the other baseball fields in the City? I Rebuttal to Public Comment: Brent Hite: I BZA Hearing Officer Minutes 10-28-19 • I don't have any images of the exact the poles.It's hard to tell on the photometric site plan of where the poles are. Most of the lighting poles are pointed and directed towards the fields.Zero lighting poles will be placed on the southern property line. The lights project a downward cone,and the cone will project slightly over the southern property line. • We don't have set schedules for these fields yet. The Cannel Dad's Club will decide the future schedules. • Jack Berry,President of the Cannel Dad's Club: Currently the games played at our other fields are played till 10:00 p.m. Sunday to Thursday and till 11:00 p.m. on Friday&Saturday. Our spring season starts the second week in April and goes to the end of July. Our fall season is from August till November. Typically we do not use lights during the fall season unless the weather interferes with our game schedule.The games during the fall league are scheduled on Sunday afternoons. We do not like playing games at night. Due to the weather and day- light savings, some games are played with the lights. No sound system will be used.The league consists of approximately 500 kids in grades 3 through 6. Department Report Angie Conn: • I do not have anything to add that is already stated in the Department Report. Board Comments: Leo Dierckman: • It's important to show the light's reflection and how it lands on the bordering properties. It's not that important to show the pole's actual locations. • We do not regulate the amount of noise made by the children playing on designated baseball fields. Approved 1-0 (V)Ashton Subdivision Perimeter Fence. (Transferred to full BZA due to defective public notice) .3. DeeketNth-19090018-V—UDO-TSeetion- 11-fenee-with-6Lsetbeek-&-plantings (V)Browning Residence,Garage Setback. The applicant seeks the following development standards variance approval for an accessory building: 4. Docket No. 19090025 V UDO Section 5.02.B Detached garage located 25' behind house face required,Garage 288' in front of house requested. The site is located at 12650 Clay Center Rd.at B&B Park Subdivision Lot 1.It is zoned S1/Residence.Filed by Joe Viewegh of Viewegh and Assoc.,LLC,on behalf of Christian Browning,owner. Petitioner: Christian Browning,Home Owner • I do not have anything else to add that is presented in the info packet. Public Comments: Mike Conroy, 1168 N.Claridge Way: The subject property is directly behind my property. There is a use agreement on this property that allows for two residents and two barns. He now wants to build a third barn.I have a copy of this use agreement. Ben Frobig,President of the HOA: It is my understanding the decision made tonight with this variance request is in terms of the placement of the structure and it does not supersede any private agreement that we had in place.The decision is here tonight is only for the placement of the structure. It sounds like Mr. Conroy's issue is something we will have to discuss privately with the property owner,Mr. Browning. Department Report Angie Conn: 2 BZA Hearing Officer Minutes 10-28-19 • I do not have anything to add to what is already stated in the Department Report Board Comments: Leo Dierckman: • The HOA are private contracts between the homeowners and not with the City. The BZA will legislate from the City's standpoint. John Molitor: The City can't override a private agreement such as the one brought up from the adjacent neighbor. Approved 1-0 (V)Ranginani Residence,Front Setback. The applicant seeks the following development standards variance approval: 5. Docket No. 19090026 V UDO Section 2.04 Min.30' front yard setback for neighborhood allowed,25' requested. The site is located at 10465 Woodhall Ln. (Lot 8 in Woodhall Lane Subdivision). It is zoned S1/Residence. Filed by Archana Ranginani,owner. Petitioner: Archana Ranginani • The lots are very shallow and that's the reason why I applied for the variance Public Comments: Vijayapal Reddy, 10455 Woodhall Lane: I am the adjacent neighbor. I filed for the same variance for my property. I'm in favor of this variance request. Department Report Angie Conn: • I do not have anything to add to the Department Report Board Comments: Leo Dierckman: None Approved 1-0 (V)Ripberger Residence,Pergola Setback. The applicant seeks the following development standards variance approval: 6. Docket No. 19090027 V Silvara PUD Sections 5.2 & 6.1 Min. 10' side setback for primary structure and 5' setback for accessory structure required,0-ft proposed. The site is located at 12094 Sigillary Way(Lot 19 in The Hamlet at Jackson's Grant). It is zoned Silvara PUD/Planned Unit Development. Filed by Craig Miles of McKenzie Homes. Petitioner: Craig Miles: • I do not have any additional comments than what is stated in my informational packet Public Comments: None Department Report Angie Conn: • They have addressed all our concerns that were stated in the Department Report Board Comments: Leo Dierckman: None Approved 1-0 3 BZA Hearing Officer Minutes 10-28-19 (V)Minnaar Residence,Fence. 7. The applicant seeks the following development standards variance approval for a fence along Main St.: Docket No. 19090028 V UDO Section 5.09.B.5 Max.6' tall fence allowed when set back 6',8' fence proposed with 0' setback.The site is located at 3 Ironwood Ct.,also with frontage on E. Main St.(Lot 199 in Cool Creek North Subdivision). It is zoned RI/Residence. Filed by Shannon and David Minnaar,owners. Petitioners: Shannon Minnaar: • Our next door neighbor is in support of our request and would also like to build an 8' fence. He will go through the variance process if we are approved. • We have dealt with noise and privacy issues. People have been cutting through our yard from the multi-use path. • There was a wired farm fence in our backyard but the City removed it when they installed the multi-use path that runs along Main Street. Public Comments: None Department Report Angie Conn: • Staff is supportive of this variance request as long as the fence is on the property line and 6' in height.The Petitioner is requesting an 8' tall fence. • Their info packet depicted the fence more in the City's ROW and we don't allow that. David Minnaar: Main Street is 2' higher than the multi-use path. Our property line is 6'-8' further downhill. The 8' fence wouldn't actually be an 8' fence with the decrease in grade change.A 12' fence would be high enough to allow us privacy from Main Street and we are requesting an 8' tall fence. Our neighbors actually have an 8' tall fence.There are also 8' fences along 136th Street. Board Comments: Leo Dierckman: • Your neighbors will have to get approved for their 8' fences. The City does not want to do 8' fences. You could build a mound/berm and place a 6' fence on top of that to achieve an 8' fence. David Minnaar: I thought the City would not allow a berm with a fence on top. Angie: We measure from the adjacent ground beside the mound/berm,so you will still have the same issue. The mound could help absorb the sound. Shannon Minnaar: I have a video of the sound from Main Street heard from my backyard. Placing the fence down grade and off the property line is not very practical since people could still see in our backyard from Main Street and the path. We would like to keep people out of our property. The traffic has gotten worse,and the City removed some of the trees and shrubs that were a sound barrier between our home and Main Street when they installed the path. • I'm not going to approve an 8' fence tonight. A 6' fence should be able to achieve what you are trying to do. I understand you have special circumstances. • What are our options other than me denying their request?Should they be heard at the full BZA? I don't want the Petitioners to have to re-do this process. John Molitor: You can grant a variance for a 6' fence without any setback. If they want to place the fence on the City ROW then they would need approval from BPW. • Angie, are you familiar with the 8' fences in this area? Angie: I am not. They might be part of a subdivision's perimeter fence. I will do some research and site visits. Leo: There's more information we need to obtain and I would like to table this item for two weeks to make sure we do this right. Docket No. 19090028 V will continue to the November 12 BZA Special Hearing Officer Meeting Meeting adjourned at 5:46 p.m. Leo Dierckman—Hearing Officer Nathan Chavez—Recording Secretary 4 BZA Hearing Officer Minutes 10-28-19