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CARMEL BOARD OF ZONING APPEALS | HEARING OFFICER
DEPARTMENT REPORT
MONDAY, OCTOBER 24, 2022
(V) Hinkebein Backyard Variances.
The applicant seeks the following development standards variance approvals:
4. Docket No. PZ-2022-00197 V UDO Section 3.64.A.1 Maximum 45% lot cover allowed, 70%
requested.
5. Docket No. PZ-2022-00198 V UDO Section 3.64.A.2 Minimum 5’ setbacks required, 1’ setback
requested in front yard (south).
6. Docket No. PZ-2022-00199 V UDO Section 5.09 Maximum 42” tall fence in front yard
allowed, 6’4” requested. And, minimum 1’ fence setback from sidewalk required, 3-6” setback
requested. The site is located at 510 2nd Ave NE. (CW Weider’s Addition, Lot 34A). It is zoned
R3/Residence and Old Town Overlay, Character Subarea. Filed by Mary & Keith Hinkebein, owners.
General Info & Analysis:
The Petitioner seeks approval to install an outdoor living area hardscape project in the back yard which includes
a grill island, bar island, retaining wall, fireplace, pavers, landscaping, fence screen panels, and more. Variances
are requested for lot coverage, setbacks, and fence height/setback. The site is a Corner Lot that has frontage on
two streets; however, the area in question is to be used more as a back yard area. Please see the Petitioner’s
info packet for more detail on the variance request.
Lot Cover Variance – A maximum 45% lot cover is allowed, and 70% is requested. This is an increase of 25%.
The Carmel Engineering Dept. is supportive of this variance request. They are also requiring payment into the
Stormwater fund if on-site stormwater detention cannot be provided, and the Petitioner plans to submit a check
to the Carmel Engineering Dept. if the variance is approved.
Setbacks Variance – This site is a Corner Lot that has two street frontages, fence two front yards. The hardscape
structures, such as the grill island and bar island will encroach several feet into the 5-ft yard setback.
Fence Height/Setback Variance - Fences in the front yard can only be 42 inches tall, fences in the side yard can
only be 6-ft tall, and the proposed fence will be 6’3” tall. Fences adjacent to a multiuse path or sidewalk also
need to be located at least 12 inches away, but the Petitioner is requesting 3 inches.
Sidewalks, Related Item - There are portions of the sidewalks along the streets that are not located in street right
of way. The Carmel Engineering Dept. asks that the portions of the sidewalk currently not within street right of
way be placed within a PAE (Pedestrian Access Easement). The Petitioner will need to hire an attorney,
engineer, or Old Town Design Group to write up the easement language, and then get that easement recorded at
the Hamilton County Recorder's Office. (We will need a copy of that recorded document, too).
The Petitioner addressed all planning/zoning review comments. The Planning Dept. supports the variance
requests.
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-2022-00197
V, PZ-2022-00198 V, and PZ-2022-00199 V with the conditions of 1.) Paying into the Stormwater Fund, and
2) Providing DOCS with a copy of the recorded PAE (Pedestrian Access Easement), and with adoption of the
Findings of Fact submitted by the Petitioner.