HomeMy WebLinkAboutMinutes BZA 10-23-23 Ali •
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111 Board of Zoning Appeals
Regular Meeting Minutes
Monday, October 23,2023
Location: Carmel City Hall Council Chambers,2' Flr., 1 Civic Sq.,Carmel, IN 46032
Members Present: Brad Grabow,Jim Hawkins,Alan Potasnik,John Schuler,Leah York
DOCS Staff Present: Angie Conn(Planning Administrator), Mike Hollibaugh(Director),Joe Shestak(Recording Secretary)
Legal Counsel: Sergey Grechukhin,Allison Lynch-McGrath
Time of Meeting: 6:00 PM
Approval of Minutes and Findings of Facts from Previous Meeting:
A Motion made Grabow and seconded by Potasnik to approve the Sept.27 BZA Meeting Minutes.Approved 5-0.
Reports,Announcements,Legal Counsel Report,and Department Concerns
1. BZA Rules of Procedure Suspension Request for Meyer Outdoor Fireplace Variance: Angie Conn: The Petitioner
had their legal ad publication done 13 days prior,rather than the 20-day BZA requirement. This meets state statue of
10 days, and this is in fault of the newspaper.
A Motion made by Grabow and seconded by York to suspend the BZA Rules of Procedure.Approved 5-0.
Public Hearings
TABLED TO NOV.27- (UV) Crazy King Burrito Use Variance.
The a plicant seeks the f flowing, mil•
1. Doeke*i No.PZ 2023 f10142 14V UDO Seetion 2.39 Restaurant with drive thru and/or walk
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Corridor. Filed by Paul Gicfing,owner.
(UV,V)Rosie's Gardens Expansion.
The applicant seeks the following use variance and development standards variance approvals:
2. Docket No.PZ-2023-00198 UV UDO Section 3.01 Prohibited Uses—Storage and/or
Warehousing Outdoor prohibited—existing and proposed/requested.
3. Docket No.PZ-2023-00200 V UDO Section 3.14.A.1 No parking allowed in the Front Yard,
Parking exists currently.
4. Docket No.PZ-2023-00201 V UDO Section 5.39.H.2.a Number of signs—1 sign per street frontage
allowed,3 existing and 4 requested.
The site is located at 10402 N. College Ave. It is zoned B3/Business and Homeplace Business Overlay District.
Filed by Andrew Wert of Church Church Hittle& Antrum, on behalf of Lawrence Hughes, owner.
Petitioner: Andrew Wert:
• Received Plan Commission DP and ADLS approvals of the expansion of the parking lot and retail store
• Rezone was approved by City Council to rezone the entire property as a B-3 zoning district
• Expanding the front parking lot,this will encroach into the front setback
• We removed 3 signs,will leave one existing sign on our stone wall. We feel this is an important aesthetic of the
business. The new monument sign will be spot lit from the ground,with masonry and landscape at the base.
Public Comments: None
IDepartment Report: Angie Conn:
• The Plan Commission has already approved this site expansion, landscaping,architecture, and signage
• Planning Staff is supportive of the UV and Variance requests and recommend positive consideration
• The Petitioner was able to remove some of the excess signage that wasn't allowed per the UDO
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BZA Meeting Minutes 10-23-23
Board Comments:
Grabow: Is the parking lot currently encroaching into the front setback?Angie Conn: This variance request brings the
existing front parking lot into compliance with today's standards.
Potasnik: The new sign will be 6-ft tall,and around 27 sq. ft. It will be located 5-ft from the street ROW.Does this
comply with the sign ordinance?Angie Conn: It complies and was reviewed by our Planning Staff. The location of the
sign does not need additional approval from the BPW.
Hawkins: The lower portion of the sign that displays"sales"are those letters LED lighting?Andrew Wert:No, it's just
changeable text.
A Motion made by Grabow and seconded by Potasnik to approve Docket Nos PZ-2023-00198 UV,PZ-2023-00200
V,and PZ-2023-00201 V.Approved 5-0.
WITHDRAWN-(V)Woodland Country Club Transportation Plan Variance.
5.
(V)Meyer Outdoor Fireplace Variance.
The applicant seeks the following development standards variance approval:
6. Docket No.PZ-2023-00211 V UDO Section 5.02 Minimum 5-ft side/rear yard setback for
accessory structures required, 1-ft requested.
The site is located at 11179 Westminster Way and is zoned S2/Residence(Kingswood Subdivision Lot 19).Filed by
Jared&Kyra Meyer,owners.
Petitioner:Jared Meyer:
• Purchased this property in July 2022,and there was an existing exterior fireplace that was purchased and built by
the previous owners
• With the sale of this home,they disclosed they were going through the variance process with the City. The
previous homeowners then decided not to complete the variance process when they sold the house,and now we,
the current homeowners are going through the variance process.
• It was disclosed at the sale of this home that the variance is needed,and the HOA was not pursuing any action
with the fireplace. We were told yesterday by the HOA that they disagree with this. We never received any
notification from the HOA.The HOA told us they sent us an email in March 2023.I can confirm that I never
received that email,and I asked the HOA to provide us with proof they sent it,and they have not.
• We are asking the BZA to look at our variance request, separate from any HOA violations
Public Comments:
Keith Sims,Westminster Way: I am the next-door neighbor and the one most impacted by this fireplace.They have lived
here for 1.5 years,and I've only had one conversation about the fireplace when the petitioner asked me to sign their public
notice variance notification. The Meyer's have misconstrued this situation.They have made false statements on their
application.In March 2023,the City was aware of this situation.Provided documentation of Code Enforcement violations
from the City of Carmel. We have been very consistent with our opposition.When the first brick was down,I spoke to the
previous homeowner and told him I didn't want this fireplace this close to my home.It is about 14-ft from my house.I
would be fine if it was located on the other side of their patio.The previous homeowner told me they had HOA approval
and a building permit from the City. These were both lies. We watched fire embers land on our roof and the upstairs of
our house gets smokey if our windows are open. The Meyer's received a substantial discount on the price of their home
since they would have to deal with the variance or move the fireplace. This is too close to my home and creates a fire
hazard.
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BZA Meeting Minutes 10-23-23