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Home My WebLink AboutHO 04-24-23 /C'\Q.atnegsh,Y City ,I/ ......... of C ...,,kw N,,...„„, IBoard of Zoning Appeals Hearing Officer Meeting Minutes Monday,April 24, 2023 Location: Cannel City Hall Caucus Rooms,2nd Floor, 1 Civic Square,Cannel,IN 46032 Hearing Officer: Mr.Leo Dierckman Staff Present: Angie Conn-Planning Administrator;Joe Shestak-Recording Secretary,Mike Hollibaugh-Director Legal Counsel: Ally McGrath Time: 5:15 p.m. Public Hearings (V)KAR and CNO Ground Sign Size Variance. The applicant seeks the following development standards variance approval: 1. Docket No. PZ-2023-00033 V UDO Section 5.39(I)(3)(d) Maximum Sign Area: 45 sq.ft. allowed, 75 sq.ft. requested.The site is located at 11299 Illinois St.It is zoned MC/Meridian Corridor.Filed by Doug Staley Jr. of Staley Signs,Inc. on behalf of the owner,Karmel Property LLC. Petitioner: Doug Staley,Jr. • When the sign was first put in, 75 sq. ft.was the allowable area,but the UDO was revised since then • Both sign elements are below the 45 sq. ft.,but when you add them together it goes over the 75 sq. ft. Public Comments: None Department Report: Angie Conn I • Staff is supportive of this variance request Board Comments: Leo Dierckman • I have reviewed the Petitioner's info packet and Staffs Department Report. I will approve this item. Approved 1-0. TABLED TO MAY 22-(SE)Hospel Short Term Residential Rental,Renewal. No PZ 2023 00051 SE UDO Sect: 07 Permitted Uses Special Ti xceptions.The site 2. �OelFCcnv�vv��-vw�rv�v�vccca9$-�. , , owner. (SE)Renewal,Kedanis Short Term Residential Rental. The applicant seeks the following special exception renewal approval for an existing STRR unit: 3. Docket No.PZ-2023-00058 SE UDO Section 2.09 Permitted Uses,Residential Special Exception. The site is located at 131 Beechmont Dr. (Harrowgate Subdivision Lot 72). It is zoned R2/Residence. Filed by Karen (Lukovic)Kedanis,owner. Petitioner: Mike Kedanis,owner Il • We've been doing this since 2015 with no issues,and we are seeking our annual renewal. Public Comments: None Department Report: Angie Conn • We have received no complaints from the Cannel Code Enforcement, so we recommend approval. 1 BZA Hearing Officer Minutes 4-24-23 Board Comments: Leo Dierckman • I will approve this item and it is valid for 1 year. Approved 1-0. (V)Rasmussen Garage Size Variance. The applicant seeks the following development standards variance approval: 4. Docket No.PZ-2023-00059 V UDO Section 5.02(13)(3) — Maximum 24'x30' detached garage allowed; 30'x 60' requested.(And,the combined square footage of the ground floor area of garages and/or accessory buildings shall not exceed 75% of the ground floor area of the principal building, 169% requested.)The 1.77-acre site is located at 13835 Towne Rd. It is 13835 Towne Rd zoned S1/Residence. Filed by Nancy Rasmussen,owner. Petitioner: Nancy Rasmussen • I have nothing to add to this request. Thank you for reviewing it and I can answer any questions you may have. Public Comments: None Department Report: Angie Conn • The rear of this property sits next to an electric company transformer station • Staff is supportive of this variance request Board Comments: Leo Dierckman • I also see no issues and I will approve this. Approved 1-0. (V)Cook Tennis Barn Height Variance. The applicant seeks the following development standards variance approval: 5. Docket No.PZ-2023-00061 V UDO Section 2.04 — Maximum 18-ft accessory building height allowed; 25-ft requested.The 3.15-acre site is located at 10455 Laurel Ridge Ln. It is zoned S1/Residence(Laurel Ridge Subdivision Lots 9&10).Filed by Adam Mears of Gradison Land Development,Inc. on behalf of Robert L Cook Living Trust. Petitioner: Adam Mears • I have nothing else to add to what I have already provided Public Comments: None Department Report: Angie Conn • Staff recommends approval of this variance request Board Comments: Leo Dierckman • I have reviewed the Petitioner's Info Packet and I will approve this item Approved 1-0. (V)Franciscan Health Forte Traffic Directional Sign Variance. The applicant seeks the following development standards variance approval: 6. Docket No.PZ-2023-00078 V UDO Section 5.39(C)(4) Traffic Directional Signs(2)- Maximum height 3' allowed,4' requested.Maximum Size allowed 3 sq.ft.,5 sq.ft., requested.And, Traffic Directional Sign(1)- Maximum height 3' allowed,6' requested.Maximum size allowed 3 sq. ft.allowed,6.25 sq.ft. requested. The 2 BZA Hearing Officer Minutes 4-24-23 site is located at 10777 Illinois St. (Franciscan Health Orthopedic Hospital). It is zoned MC/Meridian Corridor. Filed by Lisa Rains of Sign Solutions on behalf of Meridian Ortho Development LLC. IPetitioner: Monty Hopkin, Sign Solutions • I have nothing to add to what I have already provided in my info packet Public Comments: None Department Report: Angie Conn • Staff want to clarify the sq.ft.being requested for the signage. It's a slight increase to what is listed(5.85 sq.ft and 5.72 sq. ft.) • Staff still recommends approval of this request Board Comments: Leo Dierckman • I have reviewed the Petitioner's info packet and will approve this item Approved 1-0. (SE)Alhassoon Short Term Residential Rental. The applicant seeks the following special exception approval for a STRR: 7. Docket No. PZ-2023-00077 SE UDO Section 2.07 Residential Special Exception. The site is located at 103 E. 106th St.(Penn View Heights Subdivision,Lots 1 &2). It is zoned R1/Residence and West Home Place Commercial Corridor Sub-Area,Low Intensity. Filed by Elham Alhassoon and Ahmad Al-Maaitah, owners. inPetitioner: Elham Alhassoon 111 • I have nothing else to add to what I have already provided.I can answer any questions you may have. Public Comments: Timothy Powell,Penn Drive: I'm against this.There have been parties here and they don't have a sufficient amount of parking to provide for the guests, so people have been parking all over the streets.If this is going to be an event center, then they should be able to provide parking on site. This is a busy intersection. Rebuttal to Public Comments: Elham Alhassoon: • This was a family gathering and we were not renting it out at that time • We are seeking to have an Airbnb and use the funds to improve the property • We want to seek a commercial rezone for this property Department Report: Angie Conn • Code Enforcement did issue violation letters for the short-term residential rental and for tall grass • Staff recommends denial of this petition Board Comments: Leo Dierckman • I'm going to deny this petition. You may appeal against my decision. Denied 1-0. (SE)Bonilla Short Term Residential Rental. The applicant seeks the following special exception approval for a STRR in a portion of the house: 8. Docket No.PZ-2023-00079 SE UDO Section 2.07 Permitted Uses,Residential Special Exception.The 1.15-acre site is located at 2918 E. Smoky Row and is zoned R1/Residence(not in any Subdivision). Filed by Stephanie Mans of Cohen,Garelick&Glazier P.C.,on behalf of DBM Group LLC,owner. Petitioner: Stephanie Maris • I have nothing to add to what I have already provided. I'm here to answer any questions you may have. 3 BZA Hearing Officer Minutes 4-24-23 Public Comments: Montgomery Meeks,Smokey Ridge Pl.: My property backs up to this site. I'm seeking more information on how this may impact my property if this is approved. John Mackasey,Smokey Hollow Pl.: I'm an adjacent neighbor. I'm here to find out more information Rebuttal to Public Comments: Stephanie Maris: • The owners recently renovated the 2nd floor and plan to use this floor as the rental property • Their goal is to do short term rentals to traveling nurses and their families • The owners are familiar with the Airbnb process and have other rental properties in Florida. • The owners plan to screen renters and have quiet hours. We are seeking to rent to professionals,not for parties. • The primary homeowner will be on-site most of the time but does travel at times.They would like to keep the home occupied while traveling. Department Report: Angie Conn • Staff recommends this approval of this request for 1-year Board Comments: Leo Dierckman • I'm going to deny,and you can appeal my decision to the full BZA if you like Denied 1-0. (SE)Ellis Short Term Residential Rental. The applicant seeks the following special exception approval for a STRR in half of a two-family dwelling: 9. Docket No. PZ-2023-00080 SE UDO Section 2.11 Residential Special Exception. The site is located at 10662 Broadway Ave.(Dixie Hi-Way Subdivision,part Lot 20). It is zoned R3/Residence and Home Place Overlay. Filed by James Dean Ellis,owner. Petitioner: James Ellis • I have nothing else to add than what I have provided in my informational packet Public Comments: None Department Report: Angie Conn • This is a duplex,and the owner lives in the other half.The owner will be on-site while renting the other half. Board Comments: Leo Dierckman • Does the Petitioner agree with the terms of installing a sidewalk or paying into the Thoroughfare Fund if/when sidewalks are installed along this street by the City?James Ellis: Yes,I agree. Approved 1-0 with condition the Petitioner will install a sidewalk along their street frontage or pay into the Throughfare Fund if/when sidewalks are installed by the City. Meeting ad urned at 5:35 p.m. Leo Dierckman—Hearing Officer a Shestak—Recording Secretary 4 BZA Hearing Officer Minutes 4-24-23