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Home My WebLink AboutHO 08-22-22 .. City of C foR 11 Mil •l R / I /NDIAO Carmel Board of Zoning Appeals Hearing Officer Meeting Minutes Monday,August 22,2022 Location: Carmel City Hall Caucus Rooms,2"d Floor, 1 Civic Square,Cannel,IN 46032 Hearing Officer: Mr.Leo Dierckman Staff Present: Angie Conn,Planning Administrator;Joe Shestak, Secretary Legal Counsel: Sergey Grechukhin, Allison Lynch-McGrath Time: 5:15 p.m. Public Hearings: (V)Herman Pool Setback Variance. The applicant seeks the following development standards variance approval: 1. Docket No.PZ-2022-00064 V UDO Section 5.02.B.1 Minimum 3'setback from easement required, 14.5-ft encroachment into easement& floodplain requested. The site is located at 3973 Bear Creek Way (Overbrook Farms Subdivision Lot 101). It is zoned S1/Residence—ROSO III.Filed by Josh Springer of Property Pros on behalf of Scott&Elizabeth Herman,owners. Petitioner: Joshua Springer,Property Pros • I have nothing else to add than what was presented in my info packet ublic Comments: None it epartment Report: Angie Conn: • Staff recommends approval with the conditions the Petitioner receives Consent to Encroach approval from the Cannel Board of Public Works& Safety,and they receive Easement Non-Enforcement approval from the County Drainage Board Board Comments: Leo Dierckman: • Does the Petitioner agree to the conditions listed in the Department Report?Joshua Springer: Yes. • I've read the Petitioner's info packet, Department Report,and I will approve this item Approved 1-0 with the Conditions the Petitioner receives Consent to Encroach approval from the Cannel Board of Public Works& Safety,and they receive Easement Non-Enforcement approval from the County Drainage Board (V)Cohen Fence Variances. The applicant seeks the following development standards variance approvals: 2. Amended: Docket No. PZ-2022-00101 V UDO Section 5.09 — Maximum " 6' tall fence in side/rear yard allowed; " 8'fence in side/rear yard requested. 3. Docket No. PZ-2022-00103 V UDO Section 5.09 — Minimum 1' fence setback from front sidewalk allowed;6"setback requested. The site is located at 248 2nd St SW(Frank Hawkins Addition Lot 3). It is zoned R2/Residence and Old Town Overlay Character Subarea.Filed by Nathan Cohen,owner. Petitioner: Alan Cohen, owner: • I have nothing else to add than what was presented in my info packet 1p ublic Comments: None Department Report:Angie Conn: • Staff recommend approvals of both variance requests. 1 BZA Hearing Officer Minutes 8-22-22 Board Comments: Leo Dierckman: • I will ask the Petitioner to coordinate with the CFD for access and that you finalize your fence permit with the Carmel Building Department.Alan Cohen: I will. Approved 1-0. (V)Trachtman Fence Height Variance. The applicant seeks the following development standards variance approval: 4. Docket No. PZ-2022-00108 V UDO Section 5.09.B — Maximum 42"tall fence in front yard allowed with at least 25%visibility; 8' fence in front yard with 0%visibility requested along Main St. The site is located at 12 Ironwood Ct.(Cool Creek North Subdivision Lot 198). It is zoned R1/Residence.Filed by James Trachtman,owner. Petitioner: Jim Trachtman: • I'm asking for approval without the condition listed in the Department Report Public Comments: None Department Report: Angie Conn: • Staff recommends a 6-ft tall fence,but it is up to the Hearing Officer to decide on the height allowed Board Comments: Leo Dierckman: • I have reviewed the Petitioner's info packet and read the Department Report.I will recommend the 8-ft,since there are other 8-ft fences in this area Approved 1-0. (V)Phillips-Koerner Pool Variances. The applicant seeks the following development standards variance approvals: 5. Docket No. PZ-2022-00125 V UDO Section 5.02 Pools to be located in side/rear yard and minimum 3' setback from easements required,Swimming pool& equipment located in Front Yard and 0' setback from easements requested. 6. Docket No. PZ-2022-00126 V UDO Section 2.04 Maximum 35% lot cover allowed,37% requested. The site is located at 13092 Harrison Drive(Mohawk Crossing Subdivision Lot 59). It is zoned S1/Residence.Filed by Meagan Phillips and Nicholas Koerner,owners. Petitioners: Megan Phillips&Nicholas Koerner: • I have nothing else to add than what was presented in my info packet Public Comments: Betsy& Scott Boleman,Harrison Circle: Does 0-ft setback from easement mean right on the fence line?Megan Phillips: Shows Site Plan, it is 3-ft off the fence line.The Boleman's: What's the standard?Angie Conn: Usually fences are right on the property line,but there's an easement.The pool will be 7.5-ft from the fence and easement, instead of 10-ft. The Boleman's: Is the pool inground or aboveground?Nicholas Koerner: Semi-inground sport pool with hardscaping. Department Report: Angie Conn: • Staff recommends approval of both variance requests Board Comments: Leo Dierckman • I've read the Petitioner's info packet, Department Report,and I will approve both items Approved 1-0. I 2 BZA Hearing Officer Minutes 8-22-22 (V)Wood Residence-Pergola Setback Variance. The applicant seeks the following development standards variance approval: 7. Docket No. PZ-2022-00128 V UDO Section 5.02(B)(1)(a) Pergola/Accessory Structure cannot be forward of Principal Building, 13-ft encroachment requested. The site is located at 619 Woodbine Dr. East (Smokey Knoll Subdivision Lot 15)and is zoned RI/Residence. Filed by Chris Sander of Property Pros, on behalf of Thomas and Sharon Wood, owners. Petitioner: Josh Springer,Property Pros • I have nothing else to add than what was presented in my info packet Public Comments: None Department Report: Angie Conn: • Staff recommends approval of this variance Board Comments: Leo Dierckman: • Has the neighborhood HOA approved this pergola project?Josh Springer: Yes,they have approved it. Approved 1-0. (V) Speidel Residence Variances. The applicant seeks the following development standards variance approvals: 8. Docket No. PZ-2022-00129 V UDO Section 2.06 Minimum 25-ft side yard aggregate required,20-ft aggregate requested. 9. Docket No. PZ-2022-00130 V UDO Section 2.06 Minimum 35-ft front yard setback required,34'11" requested. The site is located at 11010 Timber Ln. (Jordan Woods Subdivision Lot 109)and is zoned S2/Residence. Filed by William (Bill) Speidel,owner. 'Petitioner: Bill Speidel: • I have nothing else to add than what was presented in my info packet Public Comments: None Department Report: Angie Conn: • Staff recommends approval of both variance requests Board Comments: Leo Dierckman: • I've read the Petitioner's info packet, Department Report, and I will approve both items Approved 1-0. TABLED TO SEPT. 26- (V) College Park Church Pavilion Height Variance. The a „licant seeks the f llowing development standards .,l•o upprvvua. 10. Docket N , PZ 2022 001 3 V U DO Section 2.04 Maximum 18 ft a structure h Marcos Rodriguez of Aspen Group on behalf Bruce Smitl, 8r_ College Park Church (V)Hubler Accessory Structures Variances. The applicant seeks the following development standards variance approvals: ill. Docket No. PZ-2022-00137 V PUD Ordinance Z-465-04, Section 6.1 — Accessory Buildings and Swimming Pools must be located behind primary structure,Pool house and pool to encroach 38.5' north of house. 12. Docket No. PZ-2022-00141 V PUD Ordinance Z-465-04, Section 6.1 — Accessory structures and Swimming Pools must be 3-ft off easement; 0' from easement requested. 3 BZA Hearing Officer Minutes 8-22-22 The site is located at 13350 Mercer St.(Village of WestClay subdivision Section 9003 Lot 25).It is zoned Village of WestClay PUD/Planned Unit Development. Filed by Christina Hubler Lyskava,owner. Petitioner: Christina Hubler: • I have nothing else to add than what was presented in my info packet Public Comments: None Department Report: Angie Conn: • We did receive one letter from the public that wanted reassurance that the site plan wouldn't change, concerns of the landscaping and hardscaping in the easement,and that there wouldn't be any negative impact to the drainage • We recommend approval with condition they receive Board of Public Works consent to encroach approval Board Comments: Leo Dierckman: • Looks like the Petitioner received approval from the HOA • Make sure to use a low-noise pool pump and stick to your site plan Approved 1-0 with the Condition the Petitioner receives Consent to Encroach approval from the Carmel Board of Public Works& Safety for any landscaping or hardscape/structures within the easement. (SE)Davis Short Term Residential Rental Renewal. The applicant seeks the following special exception renewal approval for a STRR unit: 13. Docket No.PZ-2022-00140 SE UDO Section 2.07 Residential Special Exception approval required for Short Term Residential Rental use.The site is located at 3870 Coventry Way(Brookshire Subdivision,Lots 316& Part 317).It is zoned R1/Residence. Filed by Suzan Davis,owner. Petitioner: Suzan Davis: • I have nothing else to add than what was presented in my info packet Public Comments: None Department Report: Angie Conn: • We have received no complaints from Code Enforcement, so Staff recommends approval for 1-year Board Comments: Leo Dierckman: • I will approve for 1 year Approved 1-0. (V)Jarrett Pool Lot Cover Variance. The applicant seeks the following development standards variance approval for a swimming pool: 14. Docket No. PZ-2022-00145 V PUD Ordinance Z-595-14,Section 4.2.F Maximum 35% lot cover allowed,45% requested. The site is located at 3721 Aldrew Place(Grannan Grove Subdivision Lot 12)and is zoned Grannan Grove PUD/Planned Unit Development.Filed by Julie Jarrett,owner. Petitioner: Julie Jarrett: • I have nothing else to add than what was presented in my info packet Public Comments: None Department Report: Angie Conn: • The Petitioner has addressed all of our concerns, and we recommend approval of this variance Board Comments: None Approved 1-0. 4 BZA Hearing Officer Minutes 8-22-22 (V)Finerty Lot Cover Variance. The applicant seeks the following development standards variance approval for a swimming pool &gazebo: 15. Docket No. PZ-2022-00146 V UDO Section 2.04 Maximum 35% lot cover allowed,46% requested. IThe site is located at 10429 Charter Oaks(Windemere Subdivision Lot 71) and is zoned SI/Residence. Filed by William (Bill) and Theresa Finerty, owners. Petitioner: Bill& Theresa Finerty: • We have nothing else to add than what was presented in our info packet Public Comments: None Department Report: Angie Conn: • Staff recommends approval with the condition there's landscaping around the pool pump and have the pool pump be of a quiet model Board Comments: Leo Dierckman: • I agree with the conditions listed in the Department Report and will approve contingent upon the conditions. Approved 1-0 with Conditions the Petitioner will provide landscaping around the pool pump equipment and have the pool pump be of a quiet design/model. (V)Holdcraft Garage Size Variance. The applicant seeks the following development standards variance approval: 16. Docket No. PZ-2022-00151 V UDO Section 5.02 The combined square footage of the ground floor area of a private garage and/or accessory building shall not exceed 75% of the ground floor area of the principal building, 108% requested. The site is located at 534 Smokey Row Ct(Cool Creek North Subdivision IPSection 5 Lot 129)and is zoned R1/Residence. Filed by John Holdcraft, owner. etitioner: John Holdcraft: • My neighbor who is also the HOA President, has provided a letter of approval Public Comments: None Department Report: Angie Conn: • Staff recommends approval of this variance proposal Board Comments: Leo Dierckman: • With the approval from your HOA, I will also approve this item Approved 1-0. (V) Thornberry Guest House Variances. The applicant seeks the following development standards variance approvals: 17. Docket No. PZ-2022-00152 V UDO Section 5.02.B.3 The combined square footage of the ground floor area of a private garage and or accessory building shall not exceed 75% of the ground floor area of the principal building, 153% requested. 18. Docket No. PZ-2022-00153 V UDO Section 2.04 Maximum 18-ft tall accessory building height allowed,22-ft requested. The site is located at 4213 W. 131st Street(Lucky Forward Subdivision Lot 2)and is zoned S 1/Residence. Filed by Jennifer and Phil Thornberry. etitioner: Phil Thornberry • I have nothing else to add than what is presented in my info packet Public Comments: None 5 BZA Hearing Officer Minutes 8-22-22 Department Report: Angie Conn: • The Petitioner did addressed all of our remaining review comments • Staff recommends approval of both variance requests Board Comments: None Approved 1-0. WITHDRAWN-(SE)Pennington Short Term Residential Rental. 19. , . Meeting adjourned at 5:34 p.m. XA,„ Leo Dierckman—Hearing Officer le Shestak—Recording Secretary 6 BZA Hearing Officer Minutes 8-22-22