Minutes BZA 10-24-22 A Motion made by Hawkins and seconded by Broach to approve Docket No.PZ-2022-0-180 SU,with the
conditions the Petitioner will address all remaining TAC review comments,finalization of the easement dedication,
and the adoption of the Petitioner's Findings of Fact. Approved 4-1,absent Dierckman
(V)McPherson Duplexes Floor Area Variances.
The applicant seeks the following development standards variance approval for three duplexes:
3. Docket No. PZ-2022-00183 V UDO Section 2.12 Minimum 800 sq.ft.ground floor area for Two
Family Dwellings(All Other Uses) required; 525 sq.ft.requested. The site is located at 1040 E. 108th Street
(Home Place Subdivision, Section 1,Lots 221-223)It is zoned R3/Residence.Filed by David Klain of DB Klain
Construction,LLC on behalf of Brason Properties LLC.
Petitioner: David Klain
• Presented a site location map, we are looking to demo the existing 75-year-old on site and redevelop this site
building three duplexes on the three platted lots that were part of the original plat
• Our intentions are to construct homes that help increase the architecture standards in the area for duplexes,and to
offer an affordable lease rate to help fulfill an overlooked housing need within our community
Public Comments:
Charles Bravard, 108th&Cornell: I don't have any problems with this proposed duplex,but I have concerns with the
existing drainage problems.With three new houses being built,I ask that the developer to move some dirt around and to
create a swell to help the standing water after storm drain properly.
Rebuttal to Public Comments: David Klain
• We've done a topography study and our duplexes will be set to grade,to allow for adequate stormwater flow and
drainage. Our plans will be submitted and reviewed by the Engineering Dept.
Department Report: Angie Conn:
• Staff recommends positive consideration of the Variance request with the understanding that the tax parcel needs
to be amended to reflect the shapes of the three currently platted lots,and with the adoption of the Findings of
Fact submitted by the Petitioner
Board Comments:
Alan: Before the building permits can be released,will the Petitioner need to unify the lots into one or have the County
recognize that it's actually one lot?Angie Conn: It's actually three platted lots shown as one tax parcel. We would like
three separate tax parcels to be created to match the current three platted lots.It's a.pretty fast process and it will be part
of the building permit review process.David Klain: I understand what is being requested.It's a pretty simple process.
We will also have three separate addresses.
A Motion by Grabow,seconded by Hawkins to approve Docket No.PZ-2022-00183 V subject to working with
Hamilton County Real Property Dept.to amend the one tax parcel boundary to show three(to reflect the three
currently platted lots). Approved 4-1,absent Dierckman. .
(UV,V)Pennwood Indoor Commercial Recreational Facility.
The applicant seeks the following use variance and development standards variance approvals:
4. Docket No. PZ-2022-00185 UV UDO Section 2.25&Appendix A.07 Commercial Recreational
Facility,Indoor,not allowed.Use variance requested.
5. Docket No. ,PZ-2022-00186 V UDO Section 5.30 162 parking spaces required: 122 requested. The
site is located at 11565 Pennsylvania St.and is zoned B5Business and West Home Place Commercial Corridor—_
High Intensity.Filed by Kevin Buchheit of Krieg Devault LLP on behalf of SCB Home Office,LLC.
Petitioner: Kevin Buchheit:
• The 3.76-acre site includes an office building and shared parking. We are proposing to construct a two-story
building on the vacant real estate and occupy the same general footprint on the site as two previously approved
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single story office buildings.
• The UDO requires 162 parking spaces,and we will provide 122 spaces,which will be enough for this facility at
full capacity.This building is dedicated to 32 players at full capacity.Refers to Parking Analysis in Info Packet
• Parking in adjacent residential neighborhoods will be discourage for our patrons
• The architecture is being designed to complement the existing office building,with brick and stone masonry,
prefinished metal panels, stone cap with metal coping,and aluminum storefront framed windows and doors with
tinted blazing and applied grids, glass overhead doors,with a general color scheme of earth tones
• We will maintain the tree and shrub buffer along the eastern border of the site
• The sound generated from this site will not be disrupted to the adjacent business and residential uses since all
activities will be indoors
• We respectfully ask for approval tonight for the Use Variance for a recreational facility and the Variance for the
reduced number of parking spaces
Public Comments:
John Murphy, 101 E. 116th St.,Police&Fireman's Insurance Association: The office building to the south have been
wonderful neighbors.I have questions about the parking.There's access to our parking lot from this site. We are
concerned for the increased traffic and safety of our building.Our operating hours are from 8-4. We recently had
vandalism occur to our building.
Mark Cannon,Hamilton Co.resident: I would like to represent the Carmel pickleball community. I sent in a letter of
support,along with 30 others local pickleball players.Pickleball is the fastest growing sport in the country.I thank Cannel
for adding two outdoor courts.There's a big demand for indoor facilities.It's difficult to find available indoor courts.
Rick Witsken,Zionsville resident: I currently coach tennis and pickleball.I see the tremendous health benefits gained
from playing pickleball.This proposed facility is needed in this area where we see this sport growing so fast.
I Rebuttal to Public Comments: Kevin Buchheit:
• We were unaware of the vandalism that occur at the Police&Fireman's Insurance Association
• We understand the concerns of the spilling over of parking onto your private property. We can have discussions
about a parking and figure out what's the best path in moving forward.
• We accept Staff's conditions of approval
Department Report Angie Conn
• The Petitioner did a great job explaining the Use Variance and Variance requests
• The Use Variance did go through the TAC review. Items like land use,utilities, grading,drainage,building code
compliance,and life/safety issues are being reviewed.
• We asked the Petitioner about how the noise would be handled,and they will abide by the Cannel Ordinances.
Code Enforcement will investigate and administer any fines if needed if complaints are filed.
• Staff is supportive of the Use Variance and Variance requests with the condition the Petitioner addresses all
remaining TAC comments,and with the adoption of findings of fact submitted by the Petitioner
Board Comments:
Kent: Thank you for your willingness to work with the adjacent neighbors. It appears that there's plenty of parking. If
you had 32 players,and 32 players waiting,and if they all drive their own car,you still have enough parking spaces.
Kevin Buchheit: That's correct,we believe there's enough available parking spaces.After hours and weekends,they can
use the existing adjacent office parking spaces. I don't expect our players to park in the adjacent neighborhood streets.
Jim: I believe the West Elevation rendering in the info packet is incorrect. Isn't the length of the building going to face
north or south?Kevin Buchheit: Please disregard the west elevation. Refer to the south and north elevations,those are
Icorrect.Jim: What are the hours of operation?Kevin Buchheit: It's too early to know at this point. If that becomes a
problem,we can work with City Staff. Jim: I have concerns of the noise generated from this site. We have pickleball
courts in our neighborhood and the neighbors who live next to it hear that noise from it all the time. If you have the garage
doors open after 8:00 p.m.you have to be conscience of that.Kevin Buchheit: There's a difference between outdoor and
indoor play.We will have an internal structure that will contain and reflex most of the sounds generated from play away
from the adjacent neighborhood,even if the doors are open.Most of the noise generated goes in the direction of the court.
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The courts are orientated north to south, and the garage doors are located on the north and south sides. Sounds will be
projected to the north and south, and not towards the neighborhood adjacent to the east.
Brad: The amount of parking works for 32 players at a time. The site plans also show a 2nd level with seating for 88
patrons. There's capacity for 120 people not counting employees. 80%this works,but if there's a tournament, is there any
parking agreement with any of the office buildings across the street?Kevin Buchheit: We can explore that.Only
members and their guests will be allowed at this facility. I think the 88 seats are a generous amount.I don't think they will
ever all be filled.If parking becomes a problem,we will address it.
A Motion made by Hawkins and seconded by Broach to approve Docket Nos.PZ-2022-00185 UV&.PZ-2022-00186
V with conditions the Petitioner addresses all remaining TAC comments,and with the adoption the Petitioner's
Findings of Fact.Approved 4-1,Absent Dierckman.
Meetin jo n:d at 6:54 p.m.
r
Alan Pot.snik—President Lisa Motz—Recording Secretary
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BZA Meeting Minutes 10-24-22