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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:
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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:
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BZA Hearing Officer Minutes 11-28-22