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Home My WebLink AboutHO 07-26-21 G`0 of CA4 - City of C te-. /NDIANP.-' Carmel Board of Zoning Appeals Hearing Officer Meeting Minutes Monday,July 26,2021 Location: Carmel City Hall Caucus Rooms,2°d Floor, 1 Civic Square,Carmel, IN 46032 Hearing Officer: Mr.Alan Potasnik Staff Present: Angie Conn,Planning Administrator Joe Shestak,BZA Secretary Time: 5:15 p.m. Public Hearings: TABLED TO AUG.23 -(SE) Larson Short Term Residential Rental. 1. . Christine and Ku..t i .. WITHDRAWN-(V) Strong Pool Variance. I 2. , . (V)Asherwood Temporary Sign Location Variance. The applicant seeks the following development standards variance approval: 3. Docket No. PZ-2021-00119 V UDO Section 5.39.N Minimum 5' setback from street right of way required,Encroachment into ROW requested. The site is located at 9696 Ditch Rd. and is zoned S1/Residence. Filed by Casey Shinaver of Old Town Companies for Asherwood Carmel LLC. Petitioner: Justin Moffett,Old Town Companies: • We have dedicated ROW for the Asherwood primary plat • The newly dedicated ROW goes up to the existing perimeter fence • To have a temporary neighborhood marketing sign that people can see while driving by it, would be need to place the sign outside the existing fence, and in the ROW • We contacted Carmel Engineering and a Consent to Encroach was not needed for a temporary sign Public Comments: None Department Report: Angie Conn • There will be a 14' width of grassy area between the temporary sign and the street pavement • Staff recommends positive consideration of this variance IBoard Comments: Alan Potasnik • Can you agree to 18-months for this temporary sign? Justin Moffett: Yes, 18 months. We will have this temporary sign erected during Phase 1 of construction. Approved 1-0 with a time limit of 18 months,during Phase 1 of construction. BZA Hearing Officer Minutes 7-26-21 1 (V)Arick Deck Setback Variance. The applicant seeks the following development standards variance approval: 4. Docket No.PZ-2021-00120 V UDO Section 5.02.B.1 Minimum 3' setback from easement required, 21'4"encroachment into Drainage&Utility Easement requested. The site is located at 4919 Essex Dr. (Brookshire Lakes Subdivision Lot 42)and is zoned S1/Residence. Filed by Bruce Arick,owner. Petitioner: Laura Arick,homeowner • A drainage and utility easement runs along the entire backyard of our home and severely limits any enhancements we can do in our backyard • We want to replace and extend our deck and an outdoor fireplace 21' 4"into the drainage and utility easement • Our HOA approved our project • We received approvals from the Hamilton County Drainage Board and Board Public Works Public Comments: None Department Report: Angie Conn • The Petitioner did receive approvals from the City Engineering Dept. and County Surveyor's Office • Staff recommends approval of this variance request Board Comments: Alan Potasnik • I wouldn't of approve this if you hadn't received the proper approvals from the City and County. I will not go against them.Understand,that if any of the utilities within the easement need to be accessed,they will need to tear apart your deck. Laura Arick: We did sign a document stating if access was needed to the easements,any damages done to our property,would be at the homeowner's expense. Approved 1-0. (V)Magnolia Building Height Variance. The applicant seeks the following development standards variance approval: 5. Docket No.PZ-2021-00121 V UDO Section 2.36 Maximum 35' building height when adjacent to single family residences allowed,36'-to 42' requested for condominiums. The site is located at approximately 731 S. Rangeline Rd. and 726 Pawnee Rd. It is zoned C2/Mixed Use District. Filed by Rebecca McGuckin of Old Town Companies. Petitioner:Justin Moffett,Old Town Companies • With me tonight are Rebecca McGuckin-Old Town Co.,and Henry Mestetsky and Larysa Glaspie of CRC • We have a series of six condo buildings,facing City Center Drive and Pawnee Road. Several of the units will face an interior drive that will be part of phase 2 • Each unit has a private garage in the lower level,2 units are on the 2nd level,2 units on the 3`d level,and the 4th level steps back from the streetscape. • The UDO allows the max height for a condo building adjacent to single-family residential to be 35'. The building height is approximately 36' from the ground level to the top of the 3`d level. There will be different grades, sidewalk heights,and elevations with retaining walls along these six buildings. It's possible for the some of the buildings to be up to 42' in height. • This project was already heard and approved by the Plan Commission Hearing Officer for ADLS review Public Comments: None Department Report: Angie Conn • This project was approved by the PC HO and this is the only remaining variance to discuss • Staff recommends positive consideration of this variance request Board Comments: Alan Potasnik • From a general standard viewpoint,can you tell much of a difference? Justin Moffett: It will be very minimal. Approved 1-0. BZA Hearing Officer Minutes 7-26-21 2 (V)Vance Residence Variances. The applicant seeks the following development standards variance approvals: 6. Docket No.PZ-2021-00122 V UDO Section 2.10 Minimum 35' front yard setback required, 31.5' requested. 7. Docket No.PZ-2021-00124V UDO Section 2.10 Minimum 15' aggregate of side yard setbacks required, 10' requested. 8. Docket No.PZ-2021-00125 V UDO Section 2.10 Minimum 80' lot width at building setback required,72' requested. The site is located at 100 Park Ln. (Johnson Addition Subdivision Lot 15). It is zoned R2/Residence. Filed by Jarreth and Kelsey Vance, owners. Petitioner: Jarreth& Kelsey Vance,owners • The 35' front yard setback and 15' aggregate of side yard both stem from the positioning of the house. It's a pie shape lot at the end of the cul-de-sac. • We have two young kids, and we wanted to maximize our backyard for them to play in • Our 3rd variance is due to the way our lot was platted 60 years ago Public Comments: Kevin Tharp, lives behind the subject property: I have no issues with their variance requests. Department Report: Angie Conn • Staff recommends positive consideration of all 3 variance requests with the condition the petitioner plants two red oak trees Board Comments: Alan Potasnik • Do you and your family intend to live in this house? Jarreth Vance: Yes. • Do you agree to the Staff's recommendation of the planting of two red oaks?Jarreth Vance: We agree to this. The neighbor has a red oak tree in their front yard, and our two red oaks will be a nice look to the streetscape. • Does the City Forester have any concerns on the size of the trees when planted? Angie Conn: He recommends a 2"caliper sized tree. Approved 1-0 with the Condition the Petitioner will plant two 2.5-inch caliper red oak trees in the front yard. TABLED TO AUG. 23 - (V)Jacobs Fence Height Variance. zoned S 1/Residence ROSO III. Filed by Tracy Jacobs, owner. Meeting a j u d at 5:43 p.m. 7/75—)4.----\--- ! Y444(77- Alan Potas ik—Hearing Officer ge Shestak—Recording Secretary I BZA Hearing Officer Minutes 7-26-21 3