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Home My WebLink AboutHO 09-26-22 fi THEERf "21 1;;;I:1 Cityof Carmel 'NDIAt ' Carmel Board of Zoning Appeals Hearing Officer Meeting Minutes Monday, September 26, 2022 Location: Cannel City Hall Caucus Rooms,2'Floor, 1 Civic Square,Cannel, IN 46032 Hearing Officer: Mr.Alan Potasnik Staff Present: Angie Conn,Planning Administrator;Joe Shestak,Secretary Legal Counsel: Sergey Grechukhin Time: 5:30 p.m. Public Hearings: (V)College Park Church Pavilion Height Variance. The applicant seeks the following development standards variance approval: 1. Docket No. PZ-2022-00133 V UDO Section 2.04 Maximum 18-ft accessory structure height allowed, 19'8-3/4"requested. The site is located at 2606 W.96th Street and is zoned S1/Residence. Filed by Marcos Rodriguez of Aspen Group on behalf Bruce Smith&College Park Church. Petitioner: Marcos Rodriguez,Project Architecture: • We are proposing an event space and congressional facility that can be offered to the community and congregants • 5,200 sq.ft.with hospitality area • We wanted to provide as many restrooms as needed I • Building materials will match the church Public Comments: None Department Report: Angie Conn • Their variance request is for an additional 1-foot and 7-1/4 inches • It will be setback 600-ft from Towne Road • They will continue to work with the TAC on any remaining review comments • Staff recommends approval with the Condition the Petitioner addresses all remaining TAC comments Board Comments: None Approved 1-0 subject the Petitioner addresses all remaining TAC review comments. (SE)Humphress Short Term Residential Renewal. The applicant seeks the following special exception renewal approval for a STRR unit: 2. Docket No.PZ-2022-00171 SE UDO Section 2.09 Permitted Uses,Residential Special Exception. The site is located at 4423 E. 116th St.(Woodland Green Subdivision Lot 2). It is zoned R2/Residence. Filed by Ms. Corey Danielle Humphress,owner. Petitioner: Danielle Humphress: • I'm seeking a renewal to a SE that was granted in 2020,and renewed in 2021 I • I'm seeking additional days than what is allowed in the City's Ordinance • I've received zero complaints and I use the profits to improve the property Public Comments: None 1 BZA Hearing Officer Minutes 9-26-22 Department Report: Angie Conn • This is an existing STRR,and we receive no complaints from Code Enforcement • Staff recommends approval for 1 year Board Comments: Alan Potasnik: • Since the Department hasn't received any negative comments from the neighbors,I'll approve for 1 year. Approved 1-0. Expiration date of approval is 9/26/23. (V) Cooper Pool Equipment Setback Variance. The applicant seeks the following development standards variance approval: 3. Docket No. PZ-2022-00174 V UDO Section 5.02.C.7 Minimum 10-ft side yard setback for pool pump equipment; 6-ft requested. The site is located at 12111 Castle Row Overlook(Brookshire Subdivision,Lot 92.) It is zoned Rl/Residence. Filed by Mark Cooper,owner. Petitioner: Mark Cooper: • We are installing a pool in our backyard,and we want to place our pool equipment next to our HVAC unit,gas meter,and electric meter,which are located on the north side of our property. • If we installed the pool equipment in the allowed area,we would have to run the gas line a long distance • We will use a low-noise pump • Our adjacent neighbor to the north,also has their pool equipment located in the same area Public Comments: None Department Report:Angie Conn • Pool equipment is required to be 10-ft from sideyard,and they are requesting 4-ft • Staff recommends approval of this variance request Board Comments: Alan Potasnik: • Did you receive approval from your HOA?Mark Cooper: Yes,we receive a letter of support from the HOA. Approved 1-0. (V)The GOAT Lot Cover Variance. The applicant seeks the following development standards variance approval: 4. Docket No. PZ-2022-00176 V UDO Section 3.64.A.1.c Maximum 70% lot cover allowed,80% requested. The site is located at 220 2nd St. SW(former Bub's Café site). It is zoned B2/Business and Old Town Overlay,Character Subarea(Lot 1 in Frank E Hawkins Addition). Filed by E.Davis Coots of Coots Henke&Wheeler on behalf of Kevin Paul of Tomahawk Holdings LLC. Petitioner: Dave Coots: • With me tonight is the owner of the property,Mr. Kevin Paul • This site has been reviewed multiple times by the Plan Commission and City Council • We were recently approved for our ADLS by the Plan Commission,and we were told we need approval for the additional lot coverage • We were asked to build a new enclosure as part of the approval agreement. This is why our lot coverage went over the 70%maximum. Public Comments:None Department Report: Angie Conn • The Carmel Engineering Department is comfortable with the additional lot coverage request 2 BZA Hearing Officer Minutes 9-26-22 • Staff recommends positive consideration of the variance request Board Comments:Alan Potasnik: I • Did the BZA secretary receive any written comments for this proposal?Joe Shestak,BZA secretary: I did not. pproved 1-0. (V) 13592 Kensington Place Lot Cover Variance. The applicant seeks the following development standards variance approval: 5. Docket No. PZ-2022-00177 V UDO Section 2.14 Maximum 35% lot cover allowed,51.8% requested (50%allowed with prior variance). The site is located at 13592 Kensington Place(Kensington Place Subdivision Lot 22B). It is zoned R4/Residence. Filed by Tom Caldwell of Key Ready Properties LLC. Petitioner: Tom Caldwell: • Seeking a variance an increase of 1.8%of the allowed maximum lot cover allowed for this neighborhood • Allowing a 4-ft setback of the home will increase the esthetic appearance of the entrance to this neighborhood Public Comments: Virginia Kerr,Kensington Place: I live directly across from this lot. The builder has shared the site plan with me and the HOA.Visually you don't see the curve in the road. The 4-ft setback will provide a better view from the street. Department Report:Angie Conn: • Several variances were granted in 1989 for the overall Kensington Place neighborhood including to allow 50% lot cover • Carmel Engineering has no problems with this additional lot cover request I • Staff recommends positive consideration of this variance request Board Comments: Alan Potasnik: • Does Staff or Legal Counsel have any issues with granted the 55%lot coverage?Angie Conn: Staff does not. Sergey Grechukhin,Legal counsel to BZA:No problem with legal. Approved 1-0. (V) Harlan Pool Setback Variance. The applicant seeks the following development standards variance approval: 6. Docket No. PZ-2022-00178 V UDO Section 5.02.C.7 Pools&their decking must be located at least 3-ft away from any easement;8-ft encroachment into easement requested. The site is located at 13970 Sand Cherry Ct.(Settler's Ridge at Haverstick Subdivision,Lot 35).It is zoned S 1/Residence—Cluster. Filed by Daniel Majestic of Perma Pools and by Matt Harlan,owner. Petitioner: Matt Harlan: • The 10-ft drainage easement in question does not provide critical access for drainage related infrastructure or conveyance points • We have an existing patio and grading issues in our backyard. This is the best placement for our proposed pool. Public Comments: None IDepartment Report:Angie Conn • Cannel Engineering is supportive of this request,but they are requiring BPW Consent to Encroach approval for encroachment into the easement • Staff recommends approval with the Petitioner obtaining consent to encroach approval 3 BZA Hearing Officer Minutes 9-26-22 Board Comments:Alan Potasnik: • I will approval this item with the condition that a consent to encroach approval is obtained Approved 1-0 with the Condition the Petitioner receives Consent to Encroach approval from the Carmel Board of Public Works and Safety(BPW). I Meeting adjourned at 5:57 p.m. A2A.kg--.._—________ ,)74.savb.._ Alan Potasnik—Hearing Officer Joe estak—Recording Secretary I I BZA Hearing Officer Minutes 9-26-22