HomeMy WebLinkAboutMinutes BZA 08-22-22 (..r---00,.,,,,,,,,
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Carmel Board of Zoning Appeals
Regular Meeting
Monday, August 22,2022
Location: Carmel City Hall Council Chambers,2'a Flr., 1 Civic Sq.,Carmel,IN 46032
Members Present: Alan Potasnik(President),James Hawkins(Vice President),Brad Grabow,Leo Dierckman,Kent Broach
DOCS Staff Present: Angie Conn—Planning Administrator;Joe Shestak-BZA Secretary;Mike Hollibaugh—Director of DOCS
Legal Counsel: Sergey Grechukhin,Allison Lynch-Mcgrath
Time of Meeting: 6:00 PM
Approval of Minutes of Previous Meeting:
A Motion made by Grabow and seconded by Hawkins to approve the meeting minutes from the July 25,2022 BZA meeting.
Approved 5-0.
Approval of the Negative Findings of Fact for PZ-2022-00081 V;00082 UV;00083-89 V: Carmel Midtown
Redevelopment Variances(Former AT&T Site)
A Motion made by Grabow and seconded by Hawkins to approve the negative Findings of Fact from the July 25,2022 BZA
meeting. Approved 5-0.
Reports,Announcements,Legal Counsel Report,and Department Concerns:Angie Conn:
• Rules of Procedure suspension request—Gravelie Pole Barn Variances public notice legal ad was not published
20 days prior to meeting date,per the BZA Rules of Procedure. It was published 13 days prior,which meets the
State's requirements.
A Motion made by Hawkins and seconded by Grabow to suspend the Rules of Procedure to be able to hear Gravelie Pole
Barn Variances at tonight's meeting.Approved 5-0.
Public Hearings:
(V) Scott Residence Variances.
The applicant seeks the following development standards variance approvals:
1. Docket No. PZ-2022-00104 V:UDO Section 3.64(c)(1)(b)—Maximum 55' house width allowed,72' requested.
2. Docket No. PZ-2022-00105 V: UDO Section 3.64(c)(3)(d)— Maximum 90' lot width allowed, 167.22' requested.
3. Docket No. PZ-2022-00106 V: UDO Section 3.64(c)(9)(a)— Minimum 8:12 roof pitch allowed,6:12 requested.
4. Docket No. PZ-2022-00107 V: UDO Section 3.64(c)(6)— Maximum 12'wide driveway allowed at street;21.5' requested.
The site is located at 211 1"Ave SE. It is zoned R3/Residence and Old Town Overlay Character Subarea. Filed by
Andrew Wert of Church Church Hittle+Antrim on behalf of John Scott,owner.
Petitioner: Andrew Wert,Church Church Hittle+Antrim:
• This is not an unusual proposal for this area of Old Town
• We were able to vacate the ROW along Supply Street and 1st Ave SE
• 3 of the 4 variance requests deal with the scale of the home and the 4th is for the architectural style of the home
• Our variance requests are necessary to accommodate the size of the proposed home
• Planning Staff gave us a negative recommendation,but it comes down to if this house is compatible to this
neighborhood,and we believe it is
• If we are approved at tonight's meeting,we will seek to plat this 1 lot into a subdivision,very similar to the lot
south of this site. Stormwater drainage will be reviewed during this platting process.
• We believe this will be an attractive addition to this neighborhood and ask for your approval
Public Comments:
Jim Thomas, 1st Ave SE: We are building a house immediately south of the subject site. We were granted several similar
variances to build our home on two lots. We had to replace the prior 1920's house because of the poor condition of the
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BZA Meeting Minutes 8-22-22
home. Our neighbor's investment will have a huge impact on this street. It's a very thoughtful site plan. We are in
support of these variance requests.
Department Report: Angie Conn
• The Petitioner are requesting 4 variances and some of these variances deviate up to 86% change to what is
actually required
• The adjacent neighbor went through a similar process of obtaining variances for a larger home
• The original intent of the Old Town Overlay District is to preserve the character of the neighborhood by
preserving certain buildings and siting characteristics
• Staff has been up-front with the Petitioner about the proposed design of this house,that it is not in keeping with
the historic character of the Old Town Overlay District and that is more of a suburban design and scale
• Staff believes there is no practical difficulty or hardship. One house, or two houses, can be built on these parcels,
and be able to meet the Character Subarea regulations
• Staff recommends denial of these variances
Board Comments:
Leo: I don't have any problems with these variance requests. I believe the hardship is we have made the Old Town area so
beautiful that everyone wants to live here and should have the ability to build and invest in this area.
Brad: Can Staff confirm if any written remonstrance were received?Joe Shestak: We received none.
A Motion made by Dierckman and seconded by Broach to approve PZ-2022-00104 V.Approved 4-1,Hawkins.
A Motion made by Dierckman and seconded by Broach to approve PZ-2022-00105 V. Approved 4-1,Hawkins.
A Motion made by Dierckman and seconded by Broach to approve PZ-2022-00106 V. Approved 5-0.
A Motion made by Dierckman and seconded by Broach to approve PZ-2022-00107 V. Approved 5-0.
TABLED TO SEPT. 26-(V) Napleton Genesis of Carmel Sign Variance.
5. Docket No. PZ 2022 00123 V UDO Section 5.39.H.2 1 sign allowed,4 signs requested. The site is
located at 4240 E. 96th Street. It is zoned B3/Business and is partially in the SFHA/Special Flood Hazard Area.
Filed by Rick Lawrence of Nelson & Frankenberger LLP on behalf of EFN Crossroads Property, LLC.
(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. 101' St. It is zoned RI/Residence. Filed by Jim Pierce of Indy General Contractors on
behalf of James (Jim)Gravelie, owner.
Petitioner: Jim Pierce,Indy General Contractors:
• We are asking for variances for the construction of a new pole barn
• We obtain all necessary ROW permits
• The Owner is agreeing to dedicate the ROW and to install a sidewalk along this site's street frontage
Public Comments: None
Department Report: Angie Conn:
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BZA Meeting Minutes 8-22-22