HomeMy WebLinkAboutMinutes BZA 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WITHDRAWN-(V)Woodland Country Club Transportation Plan Variance.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
Sean Burker,attorney for the Sims family: We believe the Department Report was based upon inaccurate facts from the
previous homeowner and current homeowner. We believe all the City Code issues have not been addressed.We are
asking for this variance to be denied,or to continue this until all of the facts are presented.The fire is the problem here,
and not the encroachment of this fireplace structure. The City Code recognizes that fire is a safety hazard,and smoke is a
health hazard.Presents City Code. Campfires must be at least 25-ft from any combustible structure.We believe the
variance is not well taken in this analysis. Sims are dealing with a known health and safety issue.
Josh Corwin,Kingswood Drive.I'm the president of the HOA.The previous homeowner who built the fireplace was an
angry neighbor and built it out of anger to get back with us. This structure clearly violates our HOA covenants on heights,
setbacks,and appearance(color doesn't match the house).The seller deceived the Meyers. I don't think the homeowner
knew there was a covenant violation when he submitted his variance application.If this variance is granted,then this
could set a precedent for the entire neighborhood.We are extremely sympathetic to this situation.
Rebuttal to Public Comments:Jared Meyer:
• As we have gone through this process,I'm not an expert in the City Code requirements.We worked with Code
Enforcement in what this structure is in violation of,and we were told it was the 5-ft side yard setback was in
violation.We were told by Code Enforcement that we could reduce the height of the fireplace to less than 6-ft and
could be acceptable to where it is.The statement that we received a discount because we would then have to go
through the variance process is completely false. We paid the market price for this home.
Department Report: Angie Conn:
• This request is for an outdoor fireplace structure,and not an open fire pit or campfire, so this does not apply to the
City's open burning ordinance
• Staff is in support of this 4-ft setback variance request
• Code Enforcement Staff is present at tonight's meeting to answer any questions about the ongoing case
• This is more of an issue that the HOA's private covenants and restrictions need to be addressed between the HOA
and the homeowner.
Board Comments:
Potasnik: I don't know why we are hearing this.This is strictly an issue between the homeowner and the HOA.When did
Mr.Meyer purchase the property?Were you given a copy of the HOA covenants?Jared Meyer:June 2022. We were
given a copy of the covenants and did not read through them.
Potasnik:Mr. Corwin,are you familiar with the covenants.Is this fireplace in violation?Josh Corwin: Yes, is it in
violation of the covenants.Potasnik: Then this is an issue between the HOA and the homeowner,and the HOA needs to
seek legal guidance.Josh Corwin: I completely agree with you,we wanted to be here to represent the HOA.
Grabow: Was there any written communication from the HOA to the previous homeowner and HOA?Josh Corwin: I
was not on the HOA at the time. Sheryl Wessel,Kingswood HOA: In March 2022 a violation notice was sent to the
previous homeowner stating seven violations were in place. Grabow: Did the HOA put a lien the property?Sheryl
Wessel: We did not.We didn't want to invest a lot of time and money until we knew were the City would support us.
Grabow: If the public record of this property wasn't reported as non-compliance,then the Title Company or any potential
buyer would have no knowledge of this. Sean Burke:A violation email from Jan. 18,2022,was provided to the previous
owner from the Kingswood HOA. Grabow: This still doesn't put the buyer on notice of this violation. Sean Burke: Our
HOA's Treasurer provided the Title Company at closing that there's an open violation on this property.Grabow: The
encroachment to the sideyard setback is a zoning issue we have to deal with,everything else should be dealt with by the
HOA.Hawkins: Did your title work mention anything about a covenant violation?Jared Meyer: We did not see this in
our closing documentation.
Hawkins: When did you purchase this this home in June 2022,it was disclosed that this fireplace had zoning violation
Iwith the City.Why did you wait until now to resolve this?Jared Meyer:Yes, it was disclosed to us at that time.My wife
has had some health issues. We were in contact with the City,and took some time to get the application process started.
A Motion made by Grabow and seconded by York to approve PZ-2023-00211 V.
Denied 3-2,Grabow,Schuler.
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BZA Meeting Minutes 10-23-23