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Home My WebLink AboutHO 05-24-21 s0,,BoTf yA yF \ rA,A`!. i i1 Ci of C I /NDIAN0. Carmel Board of Zoning Appeals - Hearing Officer Meeting Minutes Monday, May 24, 2021 Location: Carmel City Hall Caucus Rooms, 2nd Floor, 1 Civic Square, Carmel, IN 46032 Hearing Officer: Mr. Leo Dierckman Staff Present: Angie Conn, Planning Administrator Joe Shestak, BZA Administrative Assistant Legal Counsel: Paul Reis Time: 5:37 p.m. Public Hearings: TABLED TO AUG.23 - (SE) Larson Short Term Residential Rental. T e .�.. lic pant ok es the f llowing 0 al o 0 ption a al f STR unit• i icv a . 1. . Christine and Ku t r nT o (V)Garlin Sunroom Setback Variance. The applicant seeks the following development standards variance approval: 2. Docket No. PZ-2021-00059 V UDO Section 2.08 20-ft rear building setback required, 14' requested. The site is located at 1100 Arlington Ct. (Lexington Farms Subdivision Lot 260). It is zoned RI/Residence. Filed by Rick Garlin, owner. Petitioner: Chris Engel, Krieg Devault LLP • The Carmel Engineering Dept., and Hamilton County Surveyor's Office has both reviewed the plans and neither objects Mr. Garlin's request • The Lexington Farms HOA approved Mr. Garlin's plans for a sunroom Public Comments: Jeff Moore, Lexington Farms HOA: We approved the homeowner's application. It was unclear if this a 1 or 2 story addition. We would not approve a 2-story structure. Rick Garlin: This will be one-story sunroom addition Department Report: Angie Conn: • Staff has nothing to add to what is listed in the Dept. Report. We would recommend approval of this variance. Board Comments: Leo Dierckman: • I have reviewed the petitioner's plans and have read staff's report. I will approve this variance petition. Approved 1-0. BZA Hearing Officer Minutes 5-24-21 1 (V)Iffert Lot Cover Variance. The applicant seeks the following development standards variance approval: 3. Docket No.PZ-2021-00076 V UDO section 3.64.C.3.c Max.45% lot cover required,53% requested. The site is located at 631 1st Ave NE(C.W. Wiedler's Subdivision Lot 14). It is zoned R3/Residence and Old Town Overlay District,Character Sub-Area. Filed by Casey Shinaver of Old Town Design Group,LLC,on behalf of Peter John Iffert and Heather Clark Iffert,owners. Petitioner:John Hefton,Old Town Design Group: • We believe what has been designed is appropriate in both size and design • Our plans are consistent with what has been done in the Old Town Overlay District Public Comments: Kevin Lavelle, 621 1"Ave NE: I'm the immediate neighbor to the south and I oppose this. It is not clear what your expansion will be?Are you encroaching to the north or south,or east or west?Will the window wells encroach in the 5' sideyard setback? John Hefton: We are not encroaching on any property lines,and we are meeting all setbacks that are established in this district. We are going over the allowed lot coverage. We are not requesting a variance for the window wells.Presented a site plan that shows location of window wells. Leo: Mr. Lavelle,what are your concerns on why you are opposing this?Kevin Lavelle: We built our home in 2007. We approached DOCS to get all the needed approvals prior to building my home.Because the lots are so narrow,my architect designed our window wells to be constructed in the rear.A sink hole developed at the property line because of the construction of home directly south of us. That property(611 1st Ave NE)was granted a variance to build out the window wells to the property line and then a sink hole developed next to them. If a sink hole develops on the Iffert property,then it would collapse our driveway. We ask the Iffert's to not place their window wells on the north and south sides of their home.John Hefton: We meet the standards for the setbacks and window wells. We do not need a variance request for the window wells. I'm not familiar with the sink hole situation. We have worked with the neighbors to make sure their properties are protected. Department Report: Angie Conn: • Variance being requested is for lot coverage, and not for the window well locations • The Carmel Engineering Dept. can check out what is causing the sink hole • Staff recommends positive consideration for the variance request for lot coverage Board Comments: Leo Dierckman • What are your practical difficulties and hardships that requires this variance?John Hefton: When the Ordinance was updated, impervious areas now include sidewalks,driveways,and patios. This site plan has a large patio. Despite design efforts, it becomes impractical to design without going over the lot coverage. • How far is the window well from Mr. Levell's property?John Hefton: We are allowed 24".Angie Conn: The window well is allowed to encroach 24"into the required building setback. Kevin Levell: When did they change the Ordinance?Angie Conn: Our Ordinance was amended 3 years ago. • I can't deny a variance because it is not going to have an impact on your current set of circumstances. We hear Mr. Lavelle's concerns and we can have the City look into it. Approved 1-0. (V)Parkwood Crossing,Selective Insurance Sign Variance. The applicant seeks the following development standards variance approval for 1 wall sign: 4. Docket No.PZ-2021-00081 V PUD Section 4.7.A 2 wall signs allowed for the building,3 total proposed.The site is located at 900 E. 96th St. (Parkwood Crossing Building 9).It is zoned College Hills PUD/Planned Unit Development(Z-362-01). Filed by Doug Staley,Jr.of Staley Signs, Inc. Petitioner: Doug Staley Jr. • We are asking for a third sign on the north façade to identify our business on this building.The PUD only allows for two upper signs total on the building facades. Currently,Mass Mutual and Old National Bank have signs. • We have worked with Staff on the sign's design, shape, and color to complement the existing wall signs • We received approval from the Property Manager of the building 2 BZA Hearing Officer Minutes 5-24-21 Public Comments: None Department Report: Angie Conn: • Staff has nothing to add to what is already listed in the Dept. Report. We recommend approval of this variance. Board Comments: Leo Dierckman: • I have read the petitioner's info packet and staff's report, and I will approve this variance request Approved 1-0. (V) Tran Residence Lot Cover Variance. The applicant seeks the following development standards variance approval: 5. Docket No. PZ-2021-00084 V UDO section 2.04 Max.35% lot cover required,43% requested. The site is located at 10419 High Grove Dr. (Windemere Subdivision Section 3 Lot 57). It is zoned S1/Residence. Filed by Bui Tran, owner. Petitioner: Hitesh Patel: • The previous homeowner had installed the additional driveway area without the proper approvals, and this has contributed to the lot coverage • The topography of the backyard is sloped, and the covered outdoor patio space will provide useable space Public Comments: None Department Report: Angie Conn: • Staff recommends approval for this variance request I Board Comments: Leo Dierckman: • I have read the petitioner's info packet and staffs report, and I will approve this variance request Approved 1-0. Meeting adjourned at 6:00 p.m. i Leo Dierckman—Hearing Officer Joe Shes —Recording Secretary I BZA Hearing Officer Minutes 5-24-21