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HomeMy WebLinkAboutMinutes HO 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