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Home My WebLink AboutHO 11-28-22 `.0 OF CAq�,,, re , „...,:,..,:„.„..,, City of C „„piAt,,,, Carmel Board of Zoning Appeals Hearing Officer Meeting Minutes Monday,November 28,2022 Location: Carmel City Hall Caucus Rooms,2»d Floor, 1 Civic Square, Carmel, IN 46032 Hearing Officer: Mr. Leo Dierckman Staff Present: Mike Hollibaugh, Director of DOCS;Joe Shestak, Recording Secretary Legal Counsel: Sergey Grechukhin Time: 5:30 p.m. Public Hearings (V) Irish Residence,Variances. The applicant seeks the following development standards variance approvals: 1. Docket No. PZ-2022-00204 V UDO Section 2.04 Minimum 30' front yard building setback allowed, 25' requested. 2. Docket No. PZ-2022-00206 V UDO Section 5.79.J Window wells may encroach up to 24" into yard,3'- 8"encroachment requested into 10' wide side yard. 3. Docket No. PZ-2022-00207 V UDO Section 2.04 Maximum 35% lot coverage allowed,52% requested. The site is located at 10381 Woodhall Ln. (Woodhall Lane Subdivision Lot 6). It is zoned S1/Residence. Filed by Greg Monsey, applicant,on behalf of Charles David Irish, owner. Petitioner: Greg Monsey: • I have no additional information to include to what was already provided in my info packet. Public Comments: None Department Report: Mike Hollibaugh: • We have received the HOA's support letter and Staff recommends positive consideration off all the requests. Board Comments: Leo Dierckman • I have read the Petitioner's info packet and Staff's Department Report. I will approve these variance requests. Approved 1-0. (V) Frye Detached Garage Variances. The applicant seeks the following development standards variance approvals: 4. Docket No. PZ-2022-00226 V UDO Section 5.02(B)(3) Maximum 24' x 30' detached accessory building allowed,30' x 40' requested. (And,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, 114% requested.) 5. Docket No. PZ-2022-00228 V UDO Section 2.04 Maximum 18' tall accessory building allowed,20' requested. The site is located at 12060 Durbin Dr. (Crossfields Subdivision Lot 21). It is zoned S 1/Residence. Filed by James(Jim)Frye, owner. Petitioner: Jim Frye: II • Hamilton County records have the total sq. ft. of my home as 2,206 sq. ft. When I measure the sq. ft. of my home, I came up with 2,701 sq. ft. Public Comments: 1 BZA Hearing Officer Minutes 11-28-22 Casey Schafer,Crossfields: I'm in favor. Our community voted on Mr. Frye's request for his garage,and it passed.It came to light that the HOA Board President wrote a letter to our community and requested it to be denied. I'm upset by this letter because she doesn't represent the entire Crossfield HOA. Kari Arens,Crossfields,HOA President: I'm against.That letter was directed to the Board of Directors.4 out of 5 Board of Directors agreed with the letter. When the vote was presented to the neighborhood,the two variances were not known, or raised during the vote or after the vote. After the variances came to light,at least two members on the Board that voted yes,would have voted no. Brian Zirkelbach,Crossfields: I'm against. I'm concerned about the drainage in this area. This structure doesn't fit with the scope of the neighborhood. The water flows towards my property and having a structure here will not help it. Eric Tinsley,Crossfields: I'm in support but the size of this proposed garage does not fit the scope of the neighborhood or normal limits that are allowed by Ordinance. The City has Ordinances to set boundaries.The proposed garage should be entirely wrapped with brick. Rade Lukic,Crossfields: The size of this proposal does not fit within our neighborhood. I have not seen any detached garages in our neighborhood. I believe the garage should be attached to the home. Rebuttal to Public Comments:Jim Frye • We have an existing garage,but we need more storage space for my boat,jet-skis,cars,and storage for my daughter who's in college. • All the proper documents were submitted to the HOA.At the time of the HOA submission and vote,we did not know variances were required by the City of Carmel for my garage proposal. • I was then flagged for variances through the Cannel Building Department when I submitted my building permit. • I did not intentionally mislead my community about the need for the variances. • The new HOA president has given his support.We needed 33 votes from the HOA, and we received 35 votes. Department Report: Mike Hollibaugh: • Staff does not have any objections to these variance requests. • This request is for a larger accessory building than usual,but this is being built on a larger than usual lot. Board Comments: Leo Dierckman • Do the exterior building materials for this proposal meet the City's standards?Mike Hollibaugh: We do not have design standards for this type of proposal,but the garage will match the look of the existing home. • I will approve this item,but the HOA can take this issue and decide what it wants to do moving forward. Approved 1-0. (V)McKenney Garage Size Variance. The applicant seeks the following development standards variance approval: 6. Docket No. PZ-2022-00231 V UDO Section 5.02(B)(3) The combined square footage of the ground floor area of a garage and/or accessory building shall not exceed 75% of the ground floor area of the principal building,85% requested. The site is located at 4814 Briarwood Trl. (Briarwood Subdivision Lot 6). It is zoned S1/Residence. Filed by Jeff Rothbard of SilverCreek Construction,applicant,on behalf of Joshua&Justine McKenney,owners. Petitioner: Jeff Rothbard: • I have no additional information to include to what was already provided in my info packet. Public Comments: None Department Report: Mike Hollibaugh: 2 BZA Hearing Officer Minutes 11-28-22 • Staff recommends positive consideration,but there's one outstanding issue regarding the Engineering Dept. review comments on constructing or contributing funds for a future sidewalk. I Board Comments: Leo Dierckman • I have read the Petitioner's info packet and Staff's Department Report.I will approve this item conditioned upon the Petitioner will commit to contribute funds or construct a future sidewalk along the street frontage. Approved 1-0,with coming to an agreement with the Carmel Engineering Dept.about the sidewalk requirement (such as the homeowner will pay for(or install)sidewalk along their street frontage if/when the City ever installs sidewalks in the neighborhood),and relocating the storm water line to the satisfaction of the Carmel Engineering Dept. (V)Panda Residence,Lot Cover Variance. The applicant seeks the following development standards variance approval for a pool&hardscape: 7. Docket No. PZ-2022-00232 V Silvara PUD Ordinance Z-652-20 Section 6.1 - Maximum 35% lot cover allowed,52% requested. The site is located at 521 Mendenhall Dr. (Jackson's Grant on Williams Creek Subdivision Lot 308). The site is zoned Silvara PUD/Planned Unit Development and is partially in the SFHA/Special Flood Hazard Area.Filed by Sammi Schutt of PJE Lawn Care&Landscaping LLC,on behalf of Nikhil&Megha Panda,owners. Petitioner: Phil Ennis,Owner of PJE Lawn Care&Landscaping,LLC: • We have met all the requirements of the HOA,but we have not yet received their letter of support. Public Comments: None Department Report: Mike Hollibaugh: I • Staff recommends approval condition upon the Petitioner receiving HOA approval Board Comments: Leo • I will approve this item subject to the HOA approval letter Approved 1-0,conditioned upon the Petitioner provide a copy of the approval letter from the HOA. (SE)Elliott Short Term Residential Rental The applicant seeks the following special exception approval: 8. Docket No. PZ-2022-00213 SE UDO Section 2.05 Residential Special Exception. The site is located at 10828 Timber Ln. (Jordan Woods Subdivision Lot 95).It is zoned S2/Residence.Filed by Thomas&Karyn Elliott,owners. Petitioner: Kristine Griffiths: • I am representing Thomas&Karyn Elliot,who couldn't be attendance because of a family emergency • I will be taking care of the home and guests while the Elliot's are in Florida taking care of Karyn's mother • I have experience with Airbnb,and I own a STRR in Michigan • The Petitioners have been in contact with the City Engineering in discussions about the sidewalk requirement along their street frontage. They were told that a sidewalk cannot be constructed in this area at this time. Public Comments: Wendy Willis,Jordan Woods: I live across the street. I support this. Tom&Karyn have been very responsible neighbors. II don't see any problems in allowing them to run a STRR with the help of Kristine while they are away in Florida. Jeanne Singleton,Jordan Woods: I'm against it. There's lots of children that live in our area,and the bus stop is next to their house.I don't think this is an appropriate place to host a STRR because of all the children in the area. 3 BZA Hearing Officer Minutes 11-28-22 Dianne& Scott McCurdy,Jordan Woods: We are against it.We have concerns of all the kids who live up and down the street from this. We don't what kind of renters would be staying here. Rebuttal to Public Comments: Kristine Griffiths • The bus stop is treated the same as if the homeowners would be living here • We are only renting it out to one to two families max per month • Only a 2-3 night minimum for renters and they would have to agree to all of our rules and regulations • Renters are typically older folks and families Department Report: Mike Hollibaugh: • The issue being looked at here is the allowed use for a short-term rental • The UDO looks upon STRR as an exception to the rule,and original applications are looked upon as negatively leaving the burden on the Petitioner to convince the Hearing Officer for approval • Staff considers negative considerations of this STRR request,as direct per the UDO Board Comments: Leo Dierckman: • Why is the negative consideration for a STRR the standard? Mike Hollibaugh: That's the default decision for first time applicants per the UDO. • Can we set this as a 6-month time period, instead of the 1-year time period?Sergey Grechukhin:No. This would be modifying the language of the UDO,and the Hearing Officer doesn't have that authority to do so. Mike Hollibaugh: We can have the Department report back to the BZA after 6-months if any complaints are filed. • I will approve this item conditioned upon the homeowner comes to an agreement with the Cannel Engineering Dept. about the sidewalk requirement along their street frontages. Approved 1-0 for 1 year period conditioned upon Code Enforcement will provide a report to the DOCS after 6- months and coming to an agreement with the Carmel Engineering Dept.about the sidewalk requirement(such as the homeowner will pay for(or install)sidewalks along their street frontages if/when the city ever installs sidewalks in the neighborhood). (SE)44 Horseshoe Ln.Group Home. The applicant seeks the following special exception approval for an 8-person group home: 9. Docket No.PZ-2022-00208 SE UDO Section 2.07 Residential Special Exception. The site is located at 44 Horseshoe Ln.(Woodland Springs Subdivision,Lot 360).It is zoned R1/Residence.Filed by Jennifer Piccione of J&B RAL 1 Indiana,LLC. Board Comments: Leo Dierckman • I have decided to table and forward this item to the full BZA for their review at their next meeting on January 23, 2023.Public comments will be accepted at this future meeting. Meeting adjourned at 6:00 p.m. a•12 Leo Dierckman—Hearing Officer Shestak—Recording Secretary 4 BZA Hearing Officer Minutes 11-28-22