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Board of Zoning Appeals
Hearing Officer Meeting Minutes
Monday,October 23,2023
Location: Carmel City Hall Caucus Rooms,2nd Floor, 1 Civic Square,Cannel, IN 46032
Hearing Officer: Ms. Leah York
Staff Present: Angie Conn-Planning Administrator;Joe Shestak-Recording Secretary;Mike Hollibaugh-Director
Legal Counsel: Sergey Grechukhin,Allison Lynch-McGrath
Time: 5:00 p.m.
Public Hearings:
(V) Serafin Residence,Rear Setback Variance.
The applicant seeks the following development standards variance approval:
1. Docket No.PZ-2023-00205 V. Silvara PUD Section 6.1.Minimum 20-ft rear yard building setback allowed, 15-
ft requested.
The site is located at 1009 Domino Dr. (Jackson's Grant on Williams Creek Subdivision, Lot 145). It is zoned Silvara
PUD/Planned Unit Development(Ordinance Z-652-20),Creekside planning area. Filed by Laurie Tinsley(and Adam
Garvey of Artisan Landscapes), on behalf of Alex Serafin& Lauren Parent, owners.
Petitioner: Adam Garvey:
• This is a corner lot,with a very restrictive rear yard. We are asking to place the covered porch up to the edge of
the drainage easement.
• We are aware of the drainage problems and are planning on adding additional yard drainage to solve any existing
drainage problems and make this drainage situation better with the neighbors next door.
Bill Driehorst, HOA Architecture Review Committee: Our concerns are there already drainage problems that occur in the
back of the Barns' home and this additional hardscape will contribute to ongoing drainage problems. We ask if the City
Engineer can figure out if this will add to the drainage problem.
Nancy Barns, Domino Drive: I live next door. I can confirm we have a drainage problem in the rear of our homes.
Department Report: Angie Conn
• There's a 15-ft wide drainage easement in the rear of the property and the Petitioner will not encroach into it
• City Engineering Department did not state any concerns in their review of this
• We ask the neighbor's open a drainage complaint with the City's Engineer Department
• Staff recommends positive consideration of the variance request
Board Comments: Leah York
• I saw an HOA letter of approval in the Info Packet. Bill Driehorst: It was approved conditioned upon the
drainage problem be evaluated by drainage professionals.
• Did the Engineer Department visit this site?Angie Conn: They reviewed this request but did not visit this site. I
can open a drainage complaint for this site.
• Approve upon condition the City Engineering reviews this site for any drainage problems.
Approved 1-0,conditioned upon the City Engineering Department addresses this site for any drainage problems
(V)Inman Guest House Variances.
The applicant seeks the following development standards variance approvals:
2. Docket No.PZ-2023-00213 V UDO Section 2.04 Maximum 18-ft accessory building height
allowed,24.6-ft requested.
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BZA Hearing Officer Minutes 10-23-23
3. Docket No.PZ-2023-00214 V UDO Section 5.02 (B)(1) Minimum 25-ft front setback behind front line
of principal building required,54-ft in front of principal building requested.
The 6.8-acre site is located at 12020 Towne Rd.(not in any subdivision)and is zoned S1/Residence. Filed by Phil
Gettum of Gettum Associates Inc,on behalf of Eric&Ashley Inman,owners.
Petitioner: Phil Gettum:
• This is a 7-acre site,and you can't really tell the difference if the guest house is in front or behind the primary
house
Public Comments
Lisa Korff,Winfield Drive: I live adjacent to this property.I'm strongly opposed these requests.The existing horse stable
did not impact our view.This proposed guest quarters changes this.People can reside in this house,and this can be seen
by my yard. The proposed height is very high.
Bobby Borlik, Winfield Drive: I can see this from my home.The driveway for this guest house is right up to the property
line.The foundation is already poured.I didn't think this would be allowed prior to any approvals.
Mary Gerbracht,Winfield Drive: I'm the HOA president,and I support the comments of my neighbors.We did not plan
on seeing a 2-story home being built behind our homes. We would want to see the rules being followed.
Rebuttal to Public Comments:Phil Gettum:
• I got a building permit with a foundation only approval.Everything has been done by the rules.
• The location of the guest house is exactly on top of the footprint of the previous horse barn.It is 1.5 stories high.
• The guest home is 72-ft south of the property line fence to the north
• If the Inman's decide to sell their lot,it could be subdivided,and develop multiple single-family homes on this
6.8-acre site,build it just like the neighbors' lots.
• This will not reduce the
Department Report: Angie Conn:
• 6.5-ft variance in the allowed height and 54-ft in front of the primary dwelling unit are the variance requests
• Staff is in supportive of both variance requests
• Any other accessory structure can be within 5-ft of the north property line
Board Comments: Leah York
• I will approve both variance item
Approved 1-0.
(SE)Rupsis Short Term Residential Rental Renewal.
The applicant seeks the following special exception renewal approval for a STRR unit:
4. Docket No.PZ-2023-00217 SE UDO Section 2.09 Permitted Uses,Residential Special Exception. The
site is located at 4423 E. 116th St.(Woodland Green Subdivision Lot 2).It is zoned R2/Residence.Filed by Ms.
Corey Rupsis(formerly Humphress),owner.
Petitioner: Corey Rupsis:
• This is my primary residence,I purchase in 2019,and Humphress is still on the deed
• Renewal for the 3`d time,we are right off of 116`s Street,with 2-car garage,with a large driveway
• No complaints from the neighbors,and we have super high ratings
Public Comments: None
Department Report: Angie Conn
• Staff recommends positive consideration for this renewal request
Approved 1-0(approval good for 1-year)
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(SE)Elliott Short Term Residential Rental Renewal.
The applicant seeks the following special exception renewal approval for a STRR unit:
5. Docket No. PZ-2023-00218 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: Thomas Elliot:
• We are requesting a renewal of our STRR
• We have had no complaints and marvelous guests, with a great manager that manages this rental process
• We have plenty of parking in our driveway, with a 2-car garage
Public Comments: None
Department Report: Angie Conn:
• We have not received any complaints from Code Enforcement
• Staff recommends approval with the condition that if sidewalks are installed in this area by the City,the Petitioner
will pay or install their portion of the sidewalk.
Approved 1-0 with the Condition to install or pay for sidewalks along their street frontage if/when the City ever
installs sidewalks in the neighborhood
TABLED TO NOV.27-(V)Orahood Accessory Building Variance.
227t./5n^ftr.equested. The 5.79 acre site is located at 5579 E. 146th St.(not in any subdivision)and is zoned
,S I-/Residenc� File 7 by i....4.0 !l.-.,t,00d 0
TABLED TO NOV.27-(V) Factor Residence Pergola,Lot Cover Variance.
The site is located at 411 Guilford Rd. (not in any subdivision). It is zoned R2/Residence. Filed by Kim Factor(Rose),
owner,
(V) Greenberg Residence,Building Addition Variance.
The applicant seeks the following development standards variance approval:
8. Docket No.PZ-2023-00222 V UDO Section 2.08 Minimum 10' side yard building setback allowed,
7' requested. The site is located at 877 Bridle Ct. (Hunter's Creek Village Subdivision, Lot 42) and is zoned
RI/Residence. Filed by Stephen and Sarah Greenberg, owners.
Petitioner: Liam Mueller,designer
• The property is angled to the 10-ft setback,we are asking that the 2-ft corner of the building addition is allowed in
the 10' setback
Public Comments: None
Department Staff: Angie Conn:
• This is a 3-ft variance of the side yard setback
• Staff recommends approval of this variance request
ii Approved 1-0.
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(V)Hamman Accessory Building Height Variance.
The applicant seeks the following development standards variance approval:
9. Docket No.PZ-2023-00226V UDO Section 2.04 Maximum 18-ft accessory building height
allowed,23-ft requested. The 5.6-acre site is located at 11120 Queens Way Cir. (Queen's Manor Subdivision, Lot
3). It is zoned SI/Residence. Filed by Suzanne Baker of Dentons Bingham Greenebaum LLP, on behalf of Jeremiah
&Nessa Hamman, owners.
Petitioner: Suzanne Baker
• We are asking for a height variance for an accessory building for 20.4 ft
• The owner will use this building for personal use, garage storage, and pickleball and basketball court
• We will add additional landscaping berm to this site
• Presented a revised site plan—changes include additional landscaping and berm, and a change in the location of
the driveway.
Public Comments:
Jim Carlberg,Queens Way Circle: I spoke with the owner, and he has agreed to add the landscape berm. We have also
agreed to place restrictions on this, so this building is never used for a business.
Department Report: Angie Conn:
• This is a 5.6 acre site, with large setbacks.
• Staff recommends positive consideration of this variance request
Approved 1-0,with newly revised site plan that contains the landscaping and berm.
TABLED TO NOV.27- (V)Whiteley Residence,Detached Garage Variances.
The a plican♦seeks the f llowing developmen♦standards. als:
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TABLED TO NOV. 27-(V)Hanna Residence,Pool Setback Variance.
12. Docket Ne Z 3 00236 Sill D Seetion5.2-and U O Sections: 'r')(7) M -ft
Williams Creek Subdivision, Lot 330). It is zoned Silvara PUD/Planned Unit Development(Ordinance Z 652 20),
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TABLED TO NOV.27-(V) Bayless Residence, Swimming Pool Variances.
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(SE)Kusel Short Term Residential Rental.
The applicant seeks the following special exception approval for a STRR:
16. Docket No.PZ-2023-00128 SE UDO Section 2.03 Permitted Uses,Residential Special Exception. The
site is located at 11869 Gray Rd.(not in any subdivision).It is zoned S1/Residence.Filed by Aaron Kusel,owner.
Petitioner: Aaron Kusel:
• I bought the house right next door to where I live.I want to use it as rental for traveling nurses and executives
• There's enough parking provided on the driveway,and we will screen our tenants through the site's website
• We will be living next door and not allow parties or smoking on site.Our rules will be enforced.
• I searched Airbnb's for this weekend and next weekend,and only found two options for full homes
• I received feedback from potential renters for a wedding,Thanksgiving,and the Indy 500
Public Comments:
Heather Purdue,Waterstone Way: I'm a next-door neighbor: They are great neighbors.I discussed this with Aaron
previously.I have concerns. We own a home in an HOA because of the restrictions involved. We have a common area
that borders this property. We have concerns about security and decreasing property values.
Neil Purdue,Waterstone Way: I live next door.I echo everything Heather said. We never lived next to an Airbnb so it's
just the uncertainty.I'm concerned how this impacts our neighborhood.
Linda Adam,N.Gray Road: I submitted a letter.I'm against allowing this as a STRR.All the other homes on Gray Road
in this area are all owner occupied.I'm concerned about potential crimes,noise,parking,and property values.The owner
is not a permanent resident of the property,and his application is not eligible for this Special Exception.
Adam Aasen, SE District City Councilor: I'm here representing the two largest HOAs surrounding this site.I spoke with
both HOAs Presidents.They are concerned about their property values.
IChuck Lencheck,President of the Waterstone HOA: We have many of the same concerns shared at this meeting.Our
amenities can't not be closed off to the public and we are concerned that these renters would use our amenities.
Jeff Worrell,City Councilor At-Large: Renters that come in for a wedding or the Indy 500 will be in a different mode
than nurses or professionals. They can disrupt the neighbors,or the adjacent HOAs
Rebuttal to Public Comments: Aaron Kusel:
• The amenities discussed are a long distance away from my property.I don't see this as a concern.
Department Report: Angie Conn:
• Our Zoning Ordinance states the original application shall not generally be entitled to a favorable consideration
• Ally McGrath,BZA Legal Counsel: The applicant has to show they are a permanent resident,and has to provide
certain documentation listed in the Special Exception application
• UDO defines Permanent Resident as a natural person who occupies a dwelling at least 60 consecutive days,with
intent to establish the dwelling as his or her primary residence.A Permanent Resident may be an owner or lease.
• Staff recommends consideration of this petition,with the condition that if a multiuse path is ever installed by the
City,the Petitioner will install their segment of the path along their own parcel frontage or pay into the fund
Board Comments: Leah York
• When did you buy this property?Is there an HOA?Aaron Kusel: March 31,2023.No HOA.
• You need to provide the correct documentation to show you are a permanent resident,I will deny this.
Denied 1-0.
MeetingAd'ourned at 5:47 p.m.
11 i 4 , .,.
Leah York-Heari Officer %4L-
oe Shestak-Recording Secretary
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BZA Hearing Officer Minutes 10-23-23