HomeMy WebLinkAboutMinutes HO 01-24-22 Of CAR,fF
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Carmel Board of Zoning Appeals
Hearing Officer Meeting Minutes
Monday,January 24,2022
Location: Cannel City Hall Caucus Rooms,2nd Floor, 1 Civic Square,Cannel,IN 46032
Hearing Officer: Mr.Alan Potasnik
Staff Present: Angie Conn,Planning Administrator;Joe Shestak, BZA Secretary
Legal Counsel: Sergey Grechukhin
Time: 5:15 p.m.
Public Hearings:
(V)Lewis Pool Equipment Variance.
The applicant seeks the following development standards variance approval:
1. Docket No.PZ-2021-00214 V UDO Section 5.02.C.7 Pools,decking&equipment shall be at least
3-ft away from any easement;2-ft encroachment requested. The site is located at 3196 Driftwood Ct. (Lot 75 in
Smokey Ridge subdivision).It is zoned Rl/Residence.Filed by Matthew Harms of Modish Pools,LLC on behalf of
Nathan&Mariel Lewis,owners.
Petitioner: Matthew Harms
• Seeking a variance to the easement boundary for 2-ft,where 3-ft is required
• The actual building sits only 11-ft from the property line
• The pool equipment and pad will be tucked in by the fireplace chimney chase.This is location was chosen due to
the elevation and existing utility easement.
Public Comments:None
Department Report: Angie Conn
• The pool equipment will be of a quiet model,and it will not produce any noise or vibration
• The HOA approved their pool and equipment location proposal
• They will need to seek BPW approval,and Carmel Engineering recommends positive consideration
• Staff recommends approval with the condition of BPW approval
Board Comments: Alan Potasnik
• Was the paperwork filed with the City?Matthew Harms: The Consent to Encroach application was submitted to
the Cannel Engineering Dept.
Approved 1-0 with the Condition of gaining Consent to Encroach approval from the Board of Public Works &
Safety(BPW).
(V)Teszler Fence Height Variance.
The applicant seeks the following development standards variance approval:
2. Docket No.PZ-2021-00166 V UDO section 5.09.B.4 Max.42"front yard fence height allowed,54"-
60"requested. The site is located at 117 Rolling Hill Dr(Rolling Meadows Subdivision Lot 13). It is zoned
R1/Residence. Filed by Natali Teszler,owner:
Petitioner: Mike Ricks, 117 Rolling Hill Drive
• Our request for the height is 50"-54"
• Our two 50 lb.dogs could jump over a 40"fence
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BZA Hearing Officer Minutes 1-24-22
• The panels for our new fence will be 50"
• Our fence application was approved by the City,but the height was not approved
Public Comments: None
Department Report: Angie Conn
• Their amended request is 4.5-ft in height,where the Ordinance allows 3.5-ft fence in a front yard
• The existing fence is made of wooden posts with rabbit wire fencing. They will add 3 horizonal wooden boards
• The Petitioner will did not specify how far back from the street pavement the fence will be placed,but we ask
them to align the fence with the existing mature tree
• There's an issue with the driveway width that was recently installed. This is a separate issue that was brought up
by Cannel Code Enforcement
• Staff recommends positive consideration with the condition the front yard fence is pushed back and resolving the
issue of the driveway width
Board Comments: Alan Potasnik
• Does Staff want the fence 30-35' away from the property line?Angie: We would like them to be aligned with the
large existing tree in the front yard. Fences can be 1-ft back from the property line.
• How far back will the fence be located?Mike Ricks: The fence location was approved;we are just requesting for
the height. The fence posts already exist and were placed within the property line.
• Does Staff know the how far? Angie: The fence is currently setback within the property line,we just need to
know the exact distance.
Approved 1-0 with the Condition the height will be 54"and the Petitioner will provide the distance of the fence
from the front yard property line.
(V)Guidepost Montessori Variances.
The applicant seeks the following development standards variance approval:
3. Docket No.PZ-2021-00208 V UDO Section 5.19.F Reduced number of plantings requested in
north&west bufferyards requested.
4. Docket No.PZ-2021-00230 V UDO Section 3.88.0 Minimum building height: 20' (mean height)
required, 16' 4.25"requested.
5. Docket No.PZ-2021-00231 V UDO Section 3.88.D Building Offsets: 8' required, 0' requested
along rear facade.
The site is located at 10216 N.Michigan Rd.(West Cannel Commons Subdivision, Lot 3). It is zoned B2/Business
and US 421 Overlay Zone.Filed by Chris Homey of Murphy Real Estate Services.
Petitioner: Nick Justice,Civil&Environmental Consultants,Inc.
• Reduce number of plantings will help with the location and placement of the playground equipment and an
adequate size for a playground per Indiana Health Dept.
• The building will not be visible from Michigan Road and is located in the rear of the lot behind the existing
Outback Steakhouse
• The building will have dormers at the front façade,to give it a taller look. Due to the size of the overall building, a
20-ft height would give it a steep pitch and would not be a good aesthetic.
• The back of the building faces a stormwater detention pond,and this area will not be redeveloped
Public Comments: None
Department Report: Angie Conn
• Staff recommends positive consideration off all the variance requests
Board Comments: Alan Potasnik
• Is Staff fine with the reduce number of plantings?Angie Conn: Yes
Approved 1-0.
BZA Hearing Officer Minutes 1-24-22