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Home My WebLink AboutHO 06-26-23 1~° City of C Mil MW IN, /ND I AO Board of Zoning Appeals Hearing Officer Meeting Minutes Monday,June 26, 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Shestak-Recording Secretary Legal Counsel: Ally McGrath,Sergey Grechukhin Time: 5:00 p.m. Public Hearings WITHDRAWN-(V) Shurtz Inground Pool Variance. 1. Docket No• PZ 2m 0099 V UDO Section 5.1n(and City Coda Chapter 1n •. cle c Carmel Flood , (V)Wichern Garage Setback Variance. The applicant seeks the following development standards variance approval for a garage addition: 2. Docket No. PZ-2023-00111 V: UDO Section 2.04.20' rear yard building setback allowed, 10' requested. IThe site is located at 11393 Royal Cir.(Sutton Place Subdivision,Lot 22). It is zoned S1/Residence. Filed by Dennis Wichern and Patricia McGarry,owners. Petitioner: Dennis Wichern • What I thought was my side yard, is actually the rear yard per Carmel's UDO • I received HOA approval.The HOA previously approved two other attached garage additions. • The garage addition will match the color and materials of the existing home Public Comments: None Department Report: Angie Conn: • The siding will brick,and the back will be a hardy plank siding • Staff recommends positive consideration of this variance request Board Comments:Jim Hawkins • Do you currently have a 2-car garage?Dennis Wichern: Yes,and it will remain. Approved 1-0. (V)Baird Residence,Lot Cover Variance. The applicant seeks the following development standards variance approval: 3. Docket No. PZ-2023-00118 V UDO Section 3.64(A)Maximum 45% lot coverage allowed,49% requested. IThe site is located at 310 2nd St SW(Frank Hawkins Addition,Lot 5). It is zoned R2/Residence and Old Town Overlay District-Character Subarea.Filed by Jessica Novitski for Elevation Homes LLC,on behalf of Jennifer Baird,owner. Petitioner: Jessica Novitski,Elevation Homes LLC: 1 BZA Hearing Officer Minutes 6-26-23 • We are proposing to construct a bedroom suite on the first floor. • This helps support the homeowner to age in place as it becomes harder to access the upstairs Public Comments: None Department Report: Angie Conn: • The Petitioner is working with the Carmel Engineering Department on contributing to stormwater fund • Staff is supportive of this request with the adoption of the findings of fact Board Comments: None Approved 1-0. (V)Plapp Residence,Lot Cover Variance. The applicant seeks the following development standards variance approval: 4. Docket No. PZ-2023-00119 V UDO Section 2.04 Maximum 35% lot cover allowed,38% requested. The site is located at 1024 Princeton Gate(Cheswick Place Subdivision,Lot 105). The site is zoned S1/Residence. Filed by Rick Lawrence of Nelson&Frankenberger,on behalf of Richard&Gina Plapp,owners. Petitioner: Rick Lawrence: • Seeking to build a new screen-in porch and deck with the request of a 3% increase in lot coverage • We received approval from the HOA Public Comments: None Department Report: Angie Conn: • There are no concerns from the Carmel Engineering Dept. Three detention ponds exist in the neighborhood. • Staff recommends positive consideration of this request with the adoption of the findings of fact Board Comments:Jim Hawkins • Staff,were there any issues with the sideyard setbacks?Angie Conn:No issues. Approved 1-0. (V)Black Residence,Fence Variance. The applicant seeks the following development standards variance approval: 5. Docket No. PZ-2023-00120 V UDO Section 5.09(B) — Maximum 42 inch tall fence allowed in the front yard, 48 inches requested. The site is located at 612 Alwyne Rd.(Harrowgate Subdivision Lot 75).It is zoned R2/Residence. Filed by David and Cindy Black, owners. Petitioner: Cindy Black: • Seeking 48"in height for our corner lot • We do not have an HOA,but we spoke with our neighbors,and they have no concerns • We are close to CHS,and have a lot of auto and pedestrian traffic,and street parking in this area • We have a dog that could jump a 42"fence and had concerns with that Public Comments: None Department Report: Angie Conn: • Petitioner is seeking a 48"black iron fence with plenty of visual clearance • Staff is supportive of this request with the adoption of the findings of fact 2 BZA Hearing Officer Minutes 6-26-23 Board Comments:Jim Hawkins • Make sure to apply for your fence permit. Cindy Black: We will. Approved 1-0. (V)Fagan Residence,Lot Cover Variance. The applicant seeks the following development standards variance approval for a pool and patio: 6. Docket No. PZ-2023-00121 V UDO Section 2.08 Maximum 35% lot cover allowed,42% requested. The site is located at 14397 Jeremy Drive(Foster Estates Subdivision,Lot 235).It is zoned RI/Residence. Filed by Matthew Harms of Modish Pools,LLC on behalf of Thomas Fagan Jr.and Jacquelyn Fagan,owners. Petitioner: Matt Harms,Modish Pools • Seeking a 7%increase in the allowable lot coverage to allow the homeowner to complete the hardscape area next to the existing pool Public Comments: Steve Priddy,Jeremy Court: Adjacent neighbor. I object to this.The justification of this variance states this request will not significantly impact the direct neighbors and cause the gulley to overflow.There's a gulley that empties into Cool Creek.We have had multiple floods here. It took 15 years to restrict the amount of lot coverage allowed in our neighborhood.When Cool Creek floods,it backs up into the detention areas. I believe this will create more flooding. Debbie Priddy,Jeremy Court: I object.The HOA board did not seek any approval. There's no approval from the City Engineers that redesigned this flood area three times.Their property backs up to the flood retention area. Their pool,concrete patio,and decking will create significant water runoff.It will negatively affect our property.Even with the redesigned flood area,we still get standing water in our backyard. Mary DeGrella,Jeremy Drive: I live across the street.I object. We donated a large part of our backyard to help to install a drainage pipe to reduce the amount of flooding.We still have standing water when it rains.Did the Engineering Dept.approve this?Where will the drainage from this property go?To Cool Creek? Raymond DeGrella,Jeremy Drive: I object. We have green spaces that surround our houses.My concern is that we will be setting a precedent to allow for more hardscape areas. One of our neighbors wanted a pool and needed a variance, so they ended up selling their home. I don't understand how they built their patio space before the permit. Debbie Klineman, Hazel Foster Drive: I object. I live directly behind this property. We worked with the City to work on our ongoing drainage problem. My backyard floods when it rains. Where is all the runoff going with this increase of hardscape?The City Engineer told us hardscape areas do not help with the drainage. Rebuttal to Public Comments: Matt Harms • We did not build anything without obtaining a permit • We went through the normal permitting process through the City of Carmel Building Dept. • We understood we needed a variance and applied for a variance • The homeowner wanted to pursue with the patio area after the pool was installed • We didn't think the pool would count against our overall lot coverage,but it does per the UDO • We are sensitive to all the drainage concerns. We are not encroaching on any of the drainage easements. • We have the ability to direct any runoff and the Engineer Dept. is satisfactory with this request • We will continue to work with the Engineering Dept.on any drainage issues Department Report: Angie Conn: • The Petitioner is requesting a 7%increase of lot coverage • The pool and patio area will not be encroaching into any easement areas • We do have an approval email from the architectural review committee • Cannel Engineering Department is currently reviewing this project • BZA is not a precedent setting body. Each petition is reviewed on its own merit. 3 BZA Hearing Officer Minutes 6-26-23 • Staff recommends positive consideration with the condition of final Cannel Engineering Dept. approval,and with the adoption of the findings of fact submitted by the Petitioner. Board Comments:Jim Hawkins • Is the architectural review committee approval from the HOA?Angie Conn: It's an email that says architectural review committee. Matt Harms: I received that email from the homeowner. • We are not precedent setting. We can't control someone's greenspace.I can make sure the drainage will be sufficient. • I will approve this subject to approvals from the HOA, Engineering Dept. and Urban Forester Approved 1-0 with the conditions: the Petitioner receives final approvals from the Carmel Engineering and Urban Forestry Departments and submits Foster Estates HOA approval letter. (V)Thrift Residence,Fence Height Variance. The applicant seeks the following development standards variance approval: 7. Docket No. PZ-2023-00122 V UDO Section 5.09 Maximum 72"(6')side/rear fence height allowed,90"(7.5')height requested. The site is located at 141 1st Ave NW(Henry Roberts Addition Lot 3).It is zoned R4/Residence and Old Town Overlay Character Subarea. Filed by Matt Huffman of Old Town Design Group, on behalf of Paul M Thrift Trustee Angie H Thrift Rev Trust. Petitioner: Tim Tompkins,Old Town Design Group: • They want to match and continue the exact fence height of the adjacent neighbor's yard • We received a letter of support from the adjacent neighbor to the south • We will match the look and materials of the existing fence of the neighbor • This is a corner lot, so we have two front yards per the Cannel UDO Public Comments: None Department Report: Angie Conn: • This request is for 1.5 ft for the fence height in the sideyard • We received a support letter from the immediate neighbor • The design, look,and height will be the same of the neighbor's existing fence • Staff is supportive of this request with the adoption of the findings of fact Board Comments:Jim Hawkins • What will the fence height be at the elevation change?Tim Tompkins: The front yard fence will be 4-ft,this will help screen the A/C unit.Our 1.5 ft increase variance request is where we will tie our fence into the neighbor's fence,and that 90"fence will run along that side of the yard. Approved 1-0,subject that the fence is no higher than the existing fence or 90". (V)Fennerty Residence,Side Setback Variance. The applicant seeks the following development standards variance approval: 8. Docket No. PZ-2023-00124 V UDO Section 2.04 Minimum 30' aggregate of side yards required; 27' requested. The site is located at 1344 N. Claridge Way(Claridge Farm Subdivision,Lot 58).The site is zoned S1/Residence. Filed by Michael and Megan Fennerty,owners. Petitioner: Michael& Megan Fennerty: • We are asking for the aggregate side yard to be 27' and not 30' • We did receive approval from the City of Cannel,but they overlooked the aggregate total • We received letters of support from our neighbors • We are matching the design,brick,and colors of our existing home • We were 75%done with the project before the City's Building Dept. notified us 4 BZA Hearing Officer Minutes 6-26-23 Public Comments: Brad Hardesty,N. Claridge Way:Neither for nor against this petition. This is precedent setting. We have other homeowners who have attempted similar construction and were told to take it down. The covenants for our neighborhood do not allow for additional buildouts. Eric Messersmith,N. Claridge Way: I'm in favor.I serve on the HOA. Our covenants deal with freestanding structures and the HOA ruled this is not a freestanding structure.The City issued their building permits and overlooked this. It's not the homeowner's fault.They have done everything by rules. Rebuttal to Public Comments: Michael& Megan Fennerty: • We know of several additions allowed in our subdivision • The bylaws allow for connected structures/additions,and the City of Cannel and the HOA architecture reviewed board viewed it as a connected structure Department Report: Angie Conn: • They are seeking 3-ft variance from the total required aggregate • They will match the existing colors of the home • Staff is supportive of this request with the adoption of the findings of fact Board Comments: None Approved 1-0. TABLED TO JULY 24-(SE)Kusel Short Term Residential Rental. 9. . K, el Meeting adjourned at 5:49 p.m. Hawki s=Hearing Officer oe Shestak—Recording Secretary 5 BZA Hearing Officer Minutes 6-26-23