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Carmel Board of Zoning Appeals
Hearing Officer Meeting Minutes
Monday,February 28,2022
Location: Cannel City Hall Caucus Rooms,2nd Floor, 1 Civic Square,Cannel,IN 46032
Hearing Officer: Mr.Jim Hawkins
Staff Present: Angie Conn,Planning Administrator;Joe Shestak,BZA Secretary
Legal Counsel: Sergey Grechukhin
Time: 5:30 p.m.
Public Hearings:
(V)Newkirk Front Setback Variance.
The applicant seeks the following development standards variance approval for a building addition:
1. Docket No.PZ-2022-00007 V UDO Section 2.06 Minimum 35-ft front yard building setback
required,34-ft requested. The site is located at 111 Bennett Rd.(Village of Mt.Cannel Subdivision Lot 49)and
is zoned S2/Residence. Filed by Jeffery& Sandra Newkirk,owners.
Petitioner: Sandra Newkirk
• We are looking to build an addition to the front of our home for living room space
• We are also requesting a U-turn driveway
• The addition will not change the look of our house's front elevation
• We couldn't add to the rear of the house since there's a gas line that runs underground in the backyard
Public Comments:
Kathy Patterson,Village of Mt. Cannel: Wanted to know what the exact plans are. I have concerns of the new building
footprint. Will the existing driveway be removed,or will you add another lane?
Department Report: Angie Conn
• The Petitioner is seeking a 24' x 30' building addition to the front of the house.It will be placed 34' from the
front yard property line.
• They are proposing a 2'driveway entrance and it will need approval from BPW,and to submit their plans to the
Cannel Engineering Department
• Staff recommends positive of the variance request with the condition of gaining approval from BPW
Board Comments:Jim Hawkins
• Can you point to the location of the addition and extension of the driveway?Sandra Newkirk:Points to location
on aerial map, the existing driveway is narrow,and we don't have the room to expand the existing driveway. We
will keep the existing driveway and an additional lane(U-turn)will be built off the existing driveway.
• How long has the Petitioner been living at this house?Sandra Newkirk: 11 years.
Approved 1-0,condition upon gaining approval from BPW for the additional driveway cut.
(V)Shrewsbury Residence Variances.
The applicant seeks the following development standards variance approvals:
2. Docket No.PZ-2022-00011 V UDO Section 2.10 Min.35% lot cover required,51% requested.
3. Docket No.PZ-2022-00012 V UDO Section 2.10 Minimum 35-ft front yard building setbacks required,
11-ft and 25-ft requested. The site is located at 401 Emerson Rd.(Johnson Addition,Lot 25)and is zoned
R2/Residence.Filed by Tommy Lazzara of Custom Living Inc. on behalf of Ronda Weybright Shrewsbury,owner.
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BZA Hearing Officer Minutes 2-28-22
Petitioner: Tom Lazzara
• The majority of the lot cover variance is for the pool and patio addition. The house,garage,driveway,and walk
paths within the property total to 35.7%of the lot coverage
• We will contribute to the Carmel Engineering stormwater detention fund
• The house has 3 street frontages.It was difficult to conform with the 35' front yard setbacks off of Emerson Road
and 4th Avenue SW.
• We met with the Cannel Historic Commission to discuss our plans and they requested to position our garage to
the north,so it conforms with the aesthetics of the neighborhood. We now have a 13' setback instead of a 11'.
• 25' setback to the north(Emerson)and to the east(4th Ave SW)
• We received comments from a neighbor about concerns of the sightlines and visibility around the corner and we
exceed all requirements.
• Our pool and paver area will be 10' off of the south property line
• We tapered down our driveway apron to 2-car width(24')and brought our lot coverage down to 48%
• Presented elevations from all directional views
Public Comments: None
Department Report: Angie Conn
• The Petitioner addressed all of Staff's review comments and Engineering Department concerns by tapering down
the driveway apron width
• Staff recommends approval of both variance requests
Board Comments:Jim Hawkins
• Did you receive comments from the neighbor,David Gagliano?He asked you to shift the house. What's the
purpose behind that?Tom Lazzara: Yes,we did speak with him and did a site visit.If we were to shift the home,
there would be less of a view of the new home from his home office window. We designed the location of the
home to align with the home to the north.Mr.Gagliano told us he was supportive of the design of the home.
Angie Conn: I'm aware of these conversations.It's more a preference for Mr. Gagliano.He is not here to speak
of it.Jim Hawkins: If Planning Staff and the Historic Society are fine with the plans,I will approve.
Approved 1-0 subject to addressing all Carmel Engineering Comments.
(V)Eaton Residence Lot Cover Variance.
The applicant seeks the following development standards variance approval:
4. Docket No.PZ-2022-00016 V UDO Section 2.12 Maximum 35% lot cover allowed,56% requested.
The site is located at 436 1st Ave SE(Foster's Addition Replat Lot 2A)and is zoned R3/Residence.Filed by Joe
Logan of Timothy Homes,LLC, for Mark Eaton,owner.
Petitioner:Joe Logan
• There have been other homes and lots that have been approved for additional lot coverage in this area
• We are fulfilling the Cannel Engineering requests for drainage improvements
Public Comments:None
Department Report: Angie Conn
• The lots are smaller,and houses are closer to the street in this area
• Will the Petitioner pay towards the City's Stormwater fund?Joe Logan: Yes.
• Staff recommends positive consideration of this variance request
Board Comments:None
Approved 1-0 subject to contributing into the Carmel Engineering Stormwater Fund and addressing any
remaining Engineering Department comments.
BZA Hearing Officer Minutes 2-28-22