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Home My WebLink AboutHO 02-27-23 o armeCity Carmel Board of Zoning Appeals Hearing Officer Meeting Minutes Monday,February 27,2023 Location: Carmel City Hall Caucus Rooms,2"d Floor, 1 Civic Square,Cannel, IN 46032 Hearing Officer: Mr. Jim Hawkins Staff Present: Angie Conn,Planning Administrator;Joe Shestak,Recording Secretary Legal Counsel: Sergey Grechukhin Time: 5:30 p.m. Public Hearings WITHDRAWN—(V)Horan Pool Setback Variance. 1. > 5778 Hornbill Pl. (Trails at Avian Glen Subdivision, Lot 294). The site is zoned SI/Residence ROSO I. Filed by B. uo (V)Horner Lot Cover Variance. The applicant seeks the following development standards variance approval: 2. Docket No. PZ-2023-00004 V UDO Section 2.10 Maximum 35% lot cover allowed,53% requested. The site is located at 907 Auman Dr. W. (Auman's Addition, Lot 51). The site is zoned R2/Residence. Filed by John Cross of Wooten Hoy, LLC on behalf of Jeffrey Horner, owner. Petitioner: John Cross • Lot size is 13,800 sq. ft. and the width is only 75 ft. • The existing smaller ranch-style home has been demolished • Plans will be to construct a new single-family home with a front loading attached garage • New sidewalk,existing detached garage, and driveway all contribute to the 53% lot cover • We are complying to the City's stormwater policies by contributing 6k into the City's stormwater fund • Similar variances have been approved in this area Public Comments: None Department Report: Angie Conn • Staff recommends positive consideration of this variance request Board Comments: Jim Hawkins • I will approve this item. Approved 1-0. (V) 116tI and Rangeline Variances. The applicant seeks the following development standards variance approvals: 3. Docket No. PZ-2023-00016 V UDO Section 3.72.D Building Footprint: Minimum 0.5 Floor Area Ratio required; 0.19 to 0.28 requested. 4. Docket No. PZ-2023-00025 V UDO Section 5.10(and City Code Chapter 10 Article 5 A(11)(a)- Carmel Flood Hazard Areas Ordinance) 1:1 floodplain mitigation ratio required,0.64:1 requested. The 1 BZA Hearing Officer Minutes 2-27-23 site is located at 1701 E. 116th St.,at the southeast corner of 116th St. and Rangeline Rd. The site is zoned B3Business and Rangeline Road Overlay District. Filed by Warren Johnson,owner. Petitioner: Brian Johnson,Developer: • Between the old gas station and office building to the east,there's a larger open ditch that stormwater was discharged into.We proposed to extend the culvert to the south and fill in the existing ditch. We received approvals for this work from the City of Carmel,IDEM,and the Army Corps of Engineers. • 40-ft wide easement is now required of the new culvert,and took 8,352 sq. ft. of area that can't be developed on • We were advised by the Urban Forester not to cut down any trees over 6-in caliber in the flood plain area • Our best solution to develop this site was to apply for this Floor Area Ratio Variance, so we wouldn't disrupt the existing trees and build our parking garage in the floodplain • In order to provide parking,we have to fill in a small portion of the floodplain • We are 30 cubic yards short of the 1:1 floodplain mitigation ratio requirement.Based on size of the flood plain in this creek,these 30 cubic yards will have little,or no effect. • We have agreed to pick up the trash in the floodplain area per the Stormwater Administrator—John Thomas Public Comments: None Department Report: Angie Conn • They are now closer to the 1:1 ratio at 0.81 • We are supportive of the variance requests with the commitment of the Petitioner to remove the trash in the floodplain. Board Comments:Jim Hawkins • Did you receive any approvals from DNR or Army Corps of Engineers to be in the floodplain? Brian Johnson: We did receive support for the new culvert.The floodplain is on a separate property. • Look into any additional approvals needed for the floodplain. Brian Johnson: Will do. • Can you commit to remain picking up trash in the floodplain? Brian Johnson:Yes. Approved 1-0,conditioned upon the Petitioner agrees to remove the existing trash from the floodplain on the subject property,and keep it maintained trash-free. (V)Frost Garage Size Variance. The applicant seeks the following development standards variance approval: 5. Docket No. PZ-2023-00021 V UDO Section 5.02(B)(3) Maximum 24'x 30' detached accessory building footprint allowed;30'x 48' requested. The site is located at 1830 Hamilton Ln.(Jordan Woods Subdivision,Lot 148A). It is zoned S2/Residence. Filed by Dwight Frost,owner. Petitioner:Dwight Frost • Requesting a larger garage to be able to fit multiple vehicles in my garage • Garage will be built 300-ft setback from the road Public Comments: None Department Report: Angie Conn • Staff is supportive of this variance request Board Comments: None Approved 1-0. 2 BZA Hearing Officer Minutes 2-27-23 WITHDRAWN-(V) Jackson's Grant on Williams Creek Section 8 Variance. Thy plicant seeks the f llowing development standards . l: Development (SE,V) Messer Short Term Residential Rental/Guest House. The applicant seeks the following special exception approval and development standards variance approval for a STRR in an existing detached accessory building: 7. Docket No. PZ-2023-00020 SE UDO Section 2.07 Residential Special Exception. 8. Docket No. PZ-2023-00026 V UDO Section 5.02 (C)(4) Guest House on less than 1 acre requested (on 0.71 acres). The site is located at 1630 E. 109th St. (not in any subdivision). It is zoned R1/Residence. Filed by Donna Messer, on behalf of Daniel Follis, owner. Petitioner: Donna Messer: • Proposing to have a short-term rental that is a Yellowstone themed barn/apartment • Before this property was purchased,this barn was occupied and rented • I can carefully screen my applicants and decide how long they can stay • I will always have my neighbor's best interest in mind Public Comments: None Department Report: Angie Conn • The existing barn/carriage house has been on site for a while. We need to bring the guest home aspect into compliance with the UDO. This site is 0.71 acres. A guest home would be allowed on 1 acre or more. • The Zoning Ordinance directs the Planning Staff to be unfavorable to any first-time short term rental requests. We recommend negative consideration of the Special Exception, and favorable to the variance request Board Comments: Jim Hawkins • Is there an active HOA: Angie Conn: No • Is this a renewal or first time?Angie Conn: This is their first request • Was this previously a rental?Donna Messer: It was rented out long term by the previous owner. • When was the last time it was rented out?Donna Messer: 5 years ago. Since then,we've done a complete rehab to the barn. • Are you comfortable in installing sidewalks along your street frontage or contributing funds into the Throughfare Fund when the City installs them in the immediate area?Donna Messer: Yes Approved 1-0 for a 1-year term,with the condition the Petitioner agrees to installing a sidewalk along their street frontage(or paying into the Throughfare Fund) if/when the City ever installs sidewalks along 109' Street. Meeting adjour ed at 5:50 p.m. n AWiji— --- m Hawkins—Hearing Officer oe Shestak—Recording Secretary I BZA Hearing Officer Minutes 2-27-23