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Carmel Board of Zoning Appeals
Hearing Officer Meeting Minutes
Monday,August 23, 2021
Location: Carmel City Hall Caucus Rooms,2"d Floor, 1 Civic Square,Carmel, IN 46032
Hearing Officer: Mr. Leo Dierckman
Staff Present: Angie Conn, Planning Administrator
Joe Shestak, BZA Secretary
Legal Counsel: Paul Reis
Sergey Grechukhin
Time: 5:30 p.m.
Public Hearings:
TABLED INDEFINITELY- (SE) Larson Short Term Residential Rental.
The a plic.,nt seeks the f flowing al ption a .,l for.. STR . na•
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by Christine andKaFt7
TABLED TO SEPT.27 - (V)Jacobs Fence Height Variance.
The a plicant seeks the following development standards al•
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zone S I/Res e tceR'cn��no I I.Filed by Tracy 1„cob ner.
(V) Faith Apostolic Church Variances.
The applicant seeks the following development standards variance approvals:
3. Docket No. PZ-2021-00129 V UDO Section 2.08 Minimum 35-ft front yard building allowed,6-
ft requested.
4. Docket No.PZ-2021-00130 V UDO Section 2.08 Maximum 35-ft building height allowed,38.5-ft
requested. The site is located at 1212 E. 116th St. It is zoned RI/Residence and SFHA/Special Flood Hazard Area.
Filed by Jim Shinaver of Nelson& Frankenberger LLC on behalf of Faith Apostolic Church.
Petitioner: Jim Shinaver:
• We received two letters of support, one was from an adjacent neighbor
Public Comments: None
Department Report: Angie Conn
• Staff recommends positive consideration of the variances with the adaption of the findings of fact
Board Comments: Leo Dierckman:
• I've read the Info Packet and the Dept. Report, and I will approve both variance requests
Approved 1-0.
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BZA Hearing Officer Minutes 8-23-21
(V)Downes Pool Variances.
The applicant seeks the following development standards variance approvals:
5. Docket No.PZ-2021-00140 V UDO Section 2.06 Maximum 35% lot coverage allowed,42%
requested.
6. Docket No.PZ-2021-00141 V UDO Section 5.02.C.7 Pool setbacks: 3-ft from easement and 10-ft
side setback allowed,2-ft encroachment into easement and 5.5-ft side setback requested. The site is located at
5058 St. Charles Place. It is zoned S2/Residence(Kingswood Subdivision Lot 113). Filed by Cane Ann&Paul
Joseph Downes,owners.
Petitioner: Joseph& Carle Downes:
• We have always wanted to have a pool. We picked our home in Kingswood because of the large backyard.
• We have hired a qualified landscaper and fiberglass pool company
• We would have to install a retainer wall in our backyard if we would install a traditional pool.The fiberglass
container pool has a modern look.
• A concrete patio is less maintenance than a wooden deck
• This project will not encroach in any of our neighbors' properties,and no landscape or mulch will be placed in the
drainage easement.
• There are no utilities within the 5' of the easement we are encroaching
• Recently,the Kingswood HOA did an assessment of the existing condition of the drainage easement
• With the recent storms,we provided documentation that showed no standing water from the storms
• We received HOA approval and letters of support from one of our neighbors
Public Comments:
Greg Byers,5059 Hunting Drive: We are an adjoining property owner,our rear yards abut. We don't want to deal with
any down wash from their backyard to ours. Our backyard is lower than their backyard. Our yard is on the downslope of
their yard. We don't know have any water issues right now,but don't want to deal with any future issues. Our neighbors
to the west are constantly putting down mulch from the down wash from their adjacent neighbor's pool.
Jim Cavanaugh,5078 St Charles Place: I live two houses down. I am the Chairman of the Kingswood Architectural
Review Board. This has been a good opportunity to learn how the Zoning process goes. How is the pool filled with water?
Carle Downes: The filling of pool water will first be done by a truck,and then as we need to add water,we will fill it up
with City water. We do not want standing water in our backyard. It will operate as any other standard pool.
Department Report: Angie Conn:
• The Petitioner has been working the Engineering Dept. in keeping the easement off limits
• Staff recommends approval with the Board of Public Works consent to encroach approval into the utility
easement,as well as with the adoption of the findings of fact
Board Comments: Leo Dierckman:
• I have reviewed the Petitioner's Info Packet and I've read the Dept. Report and I will approve this petition.
Approved 1-0.
(V)Bacon Garage Size Variance.
The applicant seeks the following development standards variance approval:
7. Docket No.PZ-2021-00143 V UDO Section 5.02.B.3 Maximum 24' x 30' detached garage
allowed,24'x 36' requested (and total garage areas exceeding 75% of the ground floor area of the principal
building). The site is located at 9637 Maple Drive(Forest Glen Subdivision Lot 33). It is zoned S2/Residence. Filed
by Scott& Dawn Bacon,owners.
Petitioner: Scott Bacon:
• I have nothing to add to what was presented in my info packet
Public Comments: None
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BZA Hearing Officer Minutes 8-23-21
Department Report: Angie Conn
• Staff recommends positive consideration of the variance and the adoption of the findings of fact
I Board Comments: Leo Dierckman:
• I have reviewed the Petitioner's Info Packet and I've read the Dept. Report and I will approve this petition.
Approved 1-0.
Meeting adjourned at 6:05 p.m.
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Leo Dierckman— earing Officer Jo hes —Recording Secretary
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BZA Hearing Officer Minutes 8-23-21