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HomeMy WebLinkAboutDepartment Report 08-22-22 21 of 22 CARMEL BOARD OF ZONING APPEALS | REGULAR MEETING DEPARTMENT REPORT MONDAY, AUGUST 22, 2022 (V) Gravelie Pole Barn Variances. The applicant seeks the following development standards variance approvals: 6. Docket No. PZ-2022-00134 V UDO Section 5.02.A.6 Primary structure to exist on site before accessory structure required, No primary structure requested. 7. Docket No. PZ-2022-00132 V UDO Section 5.02.B.3 Maximum 24’ x 30’ accessory structure allowed, 32’ x 48’ requested. 8. Docket No. PZ-2022-00135 V UDO Section 2.08 Maximum 18’ tall accessory structure allowed, 19’ height requested. The site is located at 945 E. 101st St. It is zoned R1/Residence. Filed by Jim Pierce of Indy General Contractors on behalf of James (Jim) Gravelie, owner. General Info & Analysis: The Petitioner seeks approval to add an additional accessory structure to his 1.1 acre site. There currently exists an accessory structure and a small shed on the site. No primary structure or house exists on the site. Variances are requested for an accessory structure to exist on the site without a primary structure, for the pole barn to exceed the 24 foot by 30 foot dimensions, and for the pool barn height to exceed 18 feet. Please see the Petitioner’s info packet for more detail on the variance request. Immediately surrounding the subject site is the Korean Presbyterian Church of Indianapolis to the north, single family detached homes to the west and east, and Interstate 465 to the South. The subject site is located in the Home Place area of Clay Township and Carmel. The UDO (Unified Development Ordinance) requires Compliance with the Transportation Plan. The Petitioner has agreed to dedicate street right of way, and also pay for or install a sidewalk along his 101st Street frontage. The site is zoned R1/Residence. Business/commercial uses are not allowed on this site. Outdoor Storage is also not allowed. The barns should only be used to store personal items. There should be no indication that the site is being used for storage of business/commercial items and/or being used as part of a business. Otherwise, BZA Use Variance approval will be required. Zoning History: Back in 2011, the trees on the site were also cleared by the current landowner. And, dirt was brought in to fill in low spots. At the March 28, 2011 BZA meeting, concerns were raised by the public that this site would be used for storage of equipment for an excavating business and there were also concerns about employee traffic and noise. Mr. Gravelie unsuccessfully tried to seek a similar BZA variance approvals in 2011, for a pole barn’s maximum ground floor area, and for a pole barn accessory structure to be built without a primary structure, with BZA Docket nos. 11030003 V and 11030012 V. Those variance requests were denied at the April 25, 2011 BZA meeting. Because those variances were denied Mr. Gravelie opted instead to renovate the existing pole barn structure, which was falling down and in disrepair, and not built a new one in its place. That existing pole barn was legally nonconforming, or grandfathered. Recently, the Carmel Code Enforcement Dept. has not had any issues with this property in the last 8 years. A recent site visit showed a pile of gravel and one piece of heavy equipment existing outside of the storage barns. (The assumption is that equipment is temporarily being used to spread the gravel and will soon be removed.) 22 of 22 The Petitioner addressed all but three planning/zoning review comments: 1. Please make checks payable to City of Carmel if you are paying via check. 2. Please provide the filled out Notice of the Public Hearing form/template (found in Variance Handout). 3. Please provide proof of notice, such as Publisher’s Affidavit from the newspaper, once you receive them. The Planning Dept. generally supports the variance requests as long as there will be no evidence of commercial uses or outdoor commercial storage on the site. Findings of Fact: Please refer to the Petitioner’s Findings of Facts included in their BZA Info Packet. Recommendation: The Dept. of Community Services (DOCS) recommends positive consideration of Docket Nos. PZ-2022-00134 V, PZ-2022-00132 V, and PZ-2022-00135 V with the condition that there will be no evidence of commercial uses or outdoor commercial storage on the site, and with adoption of the Findings of Fact submitted by the Petitioner.