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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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