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Home My WebLink AboutHO 01-25-21 City of Carmel 1 BZA Hearing Officer Minutes 1-25-21 Carmel Board of Zoning Appeals Hearing Officer Meeting Minutes Monday, January 25, 2021 Meeting Location: Virtually via Zoom Hearing Officer: Mr. Alan Potasnik Staff Present: Angie Conn, Planning Administrator Joe Shestak, BZA Administrative Assistant Legal Counsel: Paul Reis Jon Oberlander Time: 5:30 p.m. Public Hearings: TABLED TO APR. 26 - (SE) Davis Short Term Residential Rental. The applicant seeks the following special exception approval for a STRR unit: 1. Docket No. PZ-2020-00181 SE UDO Section 2.07 Permitted Uses, Residential Special Exception. The site is located at 3870 Coventry Way (Brookshire Subdivision, Lots 316 & Part 317). It is zoned R1/Residence. Filed by Suzan Davis, owner. TABLED TO MAR. 22 - (SE) Larson Short Term Residential Rental. The applicant seeks the following special exception approval for a STRR unit: 2. Docket No. PZ-2020-00088 SE UDO Section 2.07 Permitted Uses, Residential Special Exception. The site is located at 377 Patricia Court (Woodland Springs Subdivision, Lot 377). It is zoned R1/Residence. Filed by Christine and Kurt Larson, owners. (V) Post Residence Setback Variance. The applicant seeks the following development standards variance approval: 3. Docket No. PZ -2020-00213 V UDO Section 2.06 Minimum 10-ft side yard building setback required, Crossing 40-ft over side property line requested. The site is located at 1752 and 1730 E. 106th Street (partially in Miller’s Acres Subdivision). It is zoned S2/Residence and partially located in the Special Flood Hazard Area. Filed by David and Lisa Post, owners. Petitioner: Lisa Post • We are seeking to build a new house on 4 acres. We need to tear down three existing rental homes • We want to place the home on the best possible site on these 4 acres, which is crossing over the property line. • We own the property of the entire subject site Public Comments: None Department Report: Angie Conn • The Ordinance requires a minimum 10’ side yard building setback and the Petitioner is requesting to cross over the property line by 40’. The Petitioner owns the property they are seeking to cross over. • The Petitioner is going through the variance route rather than the re-plat route to achieve this 2 BZA Hearing Officer Minutes 1-25-21 • We recommend approval with two conditions – dedication of street ROW along 106th Street and contributing money to the thoroughfare fund in the amount it costs to construct the new multi-use path Board Comments: Alan • Question for Legal: Since they are choosing not to replat this area, would the plats have to vacated first? Paul Reis: They would vacate the existing plat and create a 1-lot subdivision Approved 1-0 with the Conditions: 1.) Dedication of 106th Street right of way to the City per the Thoroughfare Plan Map, and 2.) Construction of the 10-ft wide multiuse path along the two parcels’ 140-ft frontage (or payment for what it could cost to build the path into the City’s Non-Reverting Thoroughfare Fund). (V) Lapel Home Variances. The applicant seeks the following development standards variance approvals: 4. Docket No. PZ -2020-00217 V UDO Section 3.64.C.3: Max. 45% lot cover allowed, 49% proposed. 5. Docket No. PZ-2020-00218 V UDO Section 5.78.J: Window wells cannot project more than 24” into a required yard, 46” projection proposed. The site is located at 130 First Ave NW and is zoned R4/Residence and Old Town Overlay Character Subarea. Filed by John Hefton of Old Town Design Group. Petitioner: Justin Moffett: Old Town Design Group • We have made this same variance request 3-4 times in the last few months in the Old Town area. • Presented a site plan, there’s alley access to the west • This site is in the process of a replat. We are widening the lot. We own both properties to the south and north and will replat as one lot. • The new Ordinance langue now includes all impervious surfaces such as driveways and sidewalks to be included in the lot coverage calculation. • We would be able to build a duplex on this lot which allows 70% lot coverage, a single-family dwelling only allows only 45% • We are paying into the stormwater fund • The window well on the north side of the building will allow natural light in basement living space • Staff requested us to the move the window well to the rear of the home. This is not practical with this floor plan. We will add a safety feature over the window well or place a protective fence around it. • We own the adjacent northern property of the subject site so we would represent anyone who purchases it Public Comments: None Department Report: Angie Conn • Staff does not have any issues with the lot coverage request to increase to 49% • We have a slight concern with the window wells, since they are only 1’-2’ from the side property lines. The concern is the possibility of trespassing on adjacent properties. • Staff recommends positive consideration of both variances with the possible condition of removing the northern window well which is not needed for life-safety reasons, and only used for allowing natural light in. Board Comments: Alan Potasnik • Can the Petitioner explain again the cover or fencing for the northern window well? Justin Moffett: Since we are close to the property line, we can provide some sort of cover or decorative fencing. This would protect the adjacent property owner from falling into it. These types of window wells exist all over the neighborhood. We hope people are neighborly, and that everyone would respect everyone’s property. I’m more concern with life- safety. Not allowing the northern window would take away the natural light in the basement living area. • I see the hardship with moving the window well to the other side. I do agree with covering the window well or placing some protective fencing around to protect the safety of individuals walking by it. Justin Moffett: We can commit to covering it. Angie Conn: Can the two window wells on the south side be covered? Justin Moffett: Those are more difficult to cover since they are irregular in shape. They sit above the ground. Approved 1-0 with the Condition the north window well is covered with a grate or fencing is placed around it. 3 BZA Hearing Officer Minutes 1-25-21 TABLED TO FEB. 22 - (V) Medina Pool Setback Variance. The applicant seeks the following development standards variance approval: 6. Docket No. PZ -2020-00224 V UDO Section 5.02.C.7.a: Swimming pools and their decking and equipment need to be located at least 3-ft from an easement, 3-ft encroachment into Tree Preservation Easement requested. The site is located at 14385 Arnett Dr. (Lot 75 of The Ridge at The Legacy Subdivision). It is zoned Legacy PUD/Planned Unit Development Ordinance Z-465-04. Filed by Joe Woolwine of Indy Landscape Concepts on behalf of Miguel A. Medina De La Cruz, owner. (V) Lakeside Apartments Phase II Variance. The applicant seeks the following development standards variance approval: 7. Docket No. PZ-2020-00226 V Atapco PUD Exhibit F, Part 4, Section E Public entrances required to be provided on the street side of all residential buildings located within 50’ of the street ROW, Private entrances to units proposed. The site is located at 645 W. Carmel Dr. (east of Braunability R&D building) and is zoned Atapco PUD/Planned Unit Development (Ordinance Z-581-13). Filed by Jim Shinaver and Jon Dobosiewicz of Nelson & Frankenberger LLC on behalf of JC Hart Company, Inc. Petitioner: Jon Dobosiewicz: • With me tonight are Russ Powell, Randy Sherman, Todd May, and Jim Shinaver • The DP/ADLS were approved by the Plan Commission on Dec. 1, 2020 • Presented a site plan and elevations to show the location of the building entrances • We are asking for private entrances for each individual building. No street parking is allowed along W. Carmel Drive. • Presented streetscape, four-sided architecture and landscaping will be added to the buildings Public Comments: None Department Report: Angie Conn • Staff supports this variance request. The Plan Commission approved their DP/ADLS. • There’s no street parking along W. Carmel Drive that runs adjacent to the buildings • Each private entrance would be keyed to each of the individual units • Staff recommends positive consideration of this variance request Board Comments: None Approved 1-0. TABLED TO FEB. 22 - (V) Meadowlark Park Variance. The applicant seeks the following development standards variance approval: 8. Docket No. PZ-2020-00228 V UDO Section 5.10 and City Code Chptr. 10, Art. 5, Chp tr. 5, Section A.10 Parking lots, driveways, and sidewalks within the Special Flood Hazard Area shall be constructed with permeable material, Non-permeable pavement systems in SFHA requested. The site is located at 450 Meadow Ln. It is zoned P1/Parks and Recreation. Filed by Michael Krosschell of Weihe Engineers, Inc., on behalf of Michael Klitzing and the Carmel Clay Parks and Recreation Dept. Meeting adjourned at 5:57 p.m. ______________________________ _______________________________ Alan Potasnik – Hearing Officer Joe Shestak – Recording Secretary