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Home My WebLink AboutHO 11-27-23`Sq OF GRjj� � G'Q�ttiFRcyAF ' • TC ity M0 f. •.. INaI ANAL Board of Zoning Appeals Hearing Officer Meeting Minutes Monday, November 27, 2023 Location: Carmel City Hall Caucus Rooms, 2°d Floor, 1 Civic Square, Carmel, IN 46032 Hearing Officer: Mr. Jim Hawkins Staff Present: Angie Conn - Planning Administrator; Joe Shestak - Recording Secretary; Mike Hollibaugh - Director Legal Counsel: Allison Lynch -McGrath Time: 5:15 p.m. Public Hearings: TABLED INDEFINITELY - (V) Orahood Accessory Building Variance. 1. , 2:7.5 ft requested. The 5.79 aere site is loeated at 55:79 E. 146th St. (not in any subdivision) aed4s-zeffed C ha n ide Filed_ b i.,ehua . viui viv. irr.w.. (V) Factor Residence Pergola, Lot Cover Variance. The applicant seeks the following development standards variance approval: 2. Docket No. PZ-2023-00221 V UDO Section 2.10 Maximum 35% lot cover allowed, 50% requested. The site is located at 411 Guilford Rd. (not in any subdivision). It is zoned R2/Residence. Filed by Kim Factor (Rose), owner. Petitioner: Kim Factor • Current lot coverage is at 50%, concrete was previously poured 30 years prior to us living there • We would like to construct a Pergola in our backyard to add to our property value and enjoyment Public Comments: None Department Report: Angie Conn: ■ The Carmel Engineering Department has no concerns with this lot cover request, so Staff recommends positive consideration of this request. Hearing Officer Comments: None Approved 1-0. TABLED TO SPECIAL DEC. 12 MTG. - (V) Whiteley Residence, Detached Garage Variances. 3. . . 4. Floor of a Prk-fAe G a r-age and/or Aecessor-y Building shall net exeeed 75-1,16 of the G rou nd Floor Area of the Prineipal Building; 86234 requested. The site is leeated a4 560 Cedar- Lake Gt. (Gedef 6ake Subdivision, Let 1 !). 1 (V) Hanna Residence, Pool Setback Variance. The applicant seeks the following development standards variance approval: BZA Hearing Officer Minutes 11-27-23 Docket No. PZ-2023-00236 V Silvara PUD Section 5.2 and UDO Section 5.02(C)(7) Minimum 3-ft setback from easement required, 0-ft setback requested. The site is located at 518 Almond Creek Dr. (Jackson's Grant on Williams Creek Subdivision, Lot 330). It is zoned Silvara PUD/Planned Unit Development (Ordinance Z-652-20), The Estates/Northvale planning area. Filed by Jim Shinaver of Nelson & Frankenberger, LLC on behalf of Paul Hanna, owner. Petitioner: Jim Shinaver • In order to comply with the Ordinance, our practical difficulty is because of the location of the pool and pool deck, in order to be of a size that is appropriate and practical. + The pool equipment will be placed on a concrete pad. • We reached out to the Carmel Engineering Department and Hamilton County Surveyor's office, and they have no objections to our request. Public Comments: None Department Report: Angie Conn: • We are pleased to hear they revised their site plan so that nothing is encroaching into the easement + Staff recommends positive consideration since the Engineering Department has no concerns with this request Hearing Officer Comments: None Approved 1-0. (V) Bayless Residence, Swimming Pool Variances. The applicant seeks the following development standards variance approvals: 6. Docket No. PZ-2023-00238 V UDO Section 2.06 Lot Coverage - Maximum 35% lot coverage allowed, 51% requested. 7. Docket No. PZ-2023-00239 V UDO Section 5.02.C.7 Side Setback - a swimming pool, hot tub, or its deck or equipment shall be set back a minimum of the greater of the following: 10-ft from the side lot line and rear lot line, or be 3-ft from any easement (4-ft side setback from lot line requested). 8. Docket No. PZ-2023-00240 V UDO Section 5.02.B Rear Setback - on Through Lots no residential accessory building shall be erected forward of any principal building, or in any required minimum yard (Minimum 20-ft setback required, 4-ft setback requested). The site is located at 12164 Teal Lane (Spring Lake Estates Subdivision, Lot 41) and is zoned S2/Residence. Filed by Evan Bayless, owner. Petitioner: Evan Bayless: • We have received HOA and adjacent property owners' approval. • Our variance requests are related to the size of the pool and concrete patio. • We are not encroaching onto any easements. • We will install a privacy fence and pool cover Public Comments: None Department Report: Angie Conn: ■ The Carmel Engineering Department has no concerns This is a unique lot with it being a through lot, with two street frontages ■ Staff recommends positive consideration of all these requests Hearing Officer Comments: Jim Hawkins: Did the Petitioner provide the pool pump and equipment specifications? Angie Conn: Yes. Approved 1-0. (V) Doniela Fence Height Variance. The applicant seeks the following development standards variance approval: BZA Hearing Officer Minutes 11-27-23 9. Docket No. PZ-2023-00245 V UDO Section 5.09 (B) Maximum 42-inch tall fence in the front yard allowed; 60-inch height requested. The site is located at 3549 W 131st St. (not in any subdivision). It is zoned S 1/Residence. Filed by E. Davis Coots of Coots Henke & Wheeler, P.C., on behalf Andrius Doniela / 131 st LLC, owner. Petitioner: Dan Coots: • Asking for a height variance for a 6-ft rod iron, which will be a see -through fence. • This site is located off of 131" Street, and not in a subdivision or HOA. ► This fence request is consistent with the other fences in this area of Carmel. Public Comments: None Department Report: Angie Conn: ■ The fence is decorative metal, with a more see-thm design. • Staff recommends positive consideration of this request. Hearing Officer Comments: None Approved 1-0. (V) Youkilis Residence Variances. The applicant seeks the following development standards variance approvals: 10. Docket No. PZ-2023-00248 V UDO Section 3.64(C)(9)(a) Minimum 8:12 roof pitch required; 4:12 and 6:12 requested. 11. Docket No. PZ-2023-00261 V UDO Section 3.64(C)(3) Maximum 45% Lot Coverage allowed; 48% requested. The site is located at 211 1 st Ave NW (Henry Roberts Addition, Lot 4). It is zoned R4/Residence and Old Town Overlay District, Character Subarea. Filed by Jim Shinaver of Nelson & Frankenberger, LLC on behalf of Robert and Tina Youkilis, owners. Petitioner: Jim Shinaver: • With me tonight are the homeowners — Robert and Tina Youkilis • They wish to slightly modify the roof pitch design that is allowed in the Old Town Overlay District standards. Their design incorporates a shallow roof pitch, clerestory windows, and stained wood exterior cladding. • Seeking a 3% increase in lot coverage. This is a very narrow lot. In order to achieve the design of their home, this variance is necessary. Public Comments: None Department Report: Angie Conn: • The roof pitch will help aid in the design of the Midcentury Modern architecture. ■ The Petitioner is paying into the City's stormwater fund to help mitigate the lot coverage. • Staff recommends positive consideration with the Condition the Petitioners pay into the Stormwater Fund. Hearing Officer Comments: Jim Hawkins: • Will you pay into the Stormwater Fund? Jim Shinaver: Yes. Approved 1-0 with the Condition of the Petitioner providing on -site stormwater detention or payment into the Stormwater Fund/Fee. (V) Browning Residence Variances. The applicant seeks the following development standards variance approvals: BZA Hearing Officer Minutes 11-27-23 12. Docket No. PZ-2023-00249 V UDO Section 3.64(C)(3) Maximum 45% Lot Coverage allowed; 54% requested. 13. WITHDRAWN - a -tray The site is located at 524 2nd Ave NE (CW Wiedler's Addition, Lot 32). It is zoned R3/Residence and Old Town Overlay District, Character Subarea. Filed by Jim Shinaver of Nelson & Frankenberger, LLC on behalf of Wedgewood Building Company, LLC. Petitioner: Jim Shinaver: ■ Paul Owen of Wedge Building Company is with me tonight ■ Just requesting 54% lot coverage • We understand paying into the $6k Stormwater fund ■ We received no concerns from the Engineering Department Public Comments: None Department Report: Angie Conn: ■ Staff recommends positive consideration with the condition the Petitioner pays into the Stormwater Fund Hearing Officer Comments: Jim Hawkins: ■ Does Petitioner agree to pay into the Stormwater Fund? Jim Shinaver: Yes Approved 1-0 with the Condition of providing on -site stormwater detention or payment into the Stormwater Fund/Fee. (V) Claybrook Residence, Pool Variances. The applicant seeks the following development standards variance approvals: 14. Docket No. PZ-2023-00255 V UDO Section 2.10 Maximum 35% lot coverage allowed; 49% proposed. 15. Docket No. PZ-2023-00256 V UDO Section 5.02(C)(7) Swimming pool, decking, and equipment must be at least 10-ft from side/rear property lines, 3-ft and 8.5-ft requested. The site is located at 811 Oswego Rd. (Newark Addition, Lot 109). It is zoned R2/Residence. Filed by Frederick William Claybrook (Bill), owner. Petitioner: Bill Claybrook: • Requesting 49% lot coverage for addition of the pool and concrete patio. Our current lot coverage is at 34%. I have already paid into the Stormwater Fund through the Carmel Engineering Department. ■ We wanted to build the patio up to the privacy fence, so the kids won't fall off and step in the grass Public Comments: None Department Report: Angie Conn: ■ The Petitioner did pay into the Stormwater Fund ■ Staff recommends positive consideration of both variance requests Hearing Officer Comments: None Approved 1-0. (V) Wilson Residence, Pergola Variances. The applicant seeks the following development standards variance approvals: 16. Docket No. PZ-2023-00258 V UDO Section 2.10 Maximum 35% lot coverage allowed, 40% requested. - - BZA Hearing Officer Minutes 11-27-23 17. Docket No. PZ-2023-00259 V UDO Section 5.02(B)(3) Combined square footage of the Ground Floor of a Private Garage and/or Accessory Building shall not exceed 75% of the Ground Floor Area of the Principal Building; 82% requested. The site is located at 4550 Buckingham Ct. (Brookshire Subdivision, Lot 213). It is zoned R2/Residence. Filed by Shae Wilson, owner. Petitioner: Shae Wilson: • Seeking to install a pergola attached to our accessory building that will cover an existing concrete patio. • We are seeking a 7% increase in ground floor and 5% increase in lot coverage to facilitate this pergola. Public Comments: None Department Report: Angie Conn: ■ The Petitioner is seeking variances to bring this site into compliance with the UDO standards. • The Engineering Department reviewed this item and did not have any concerns. ■ Staff recommends positive consideration of both variance requests. Hearing Officer Comments: None Approved 1-0. (V) Monke Residence, Accessory Structure Setback Variance. The applicant seeks the following development standards variance approval: 18. Docket No. PZ-2023-00260 V UDO Sections 2.08 & 5.02.B Minimum 20-ft rear building setback allowed, 12-ft requested. The site is located at 3180 Driftwood Ct. (Smokey Ridge Subdivision, Lot 73). It is zoned Rl/Residence. Filed by Aaron & Kyle Monke, owners. Petitioner: Aaron & Kyle Monke: • Requesting a variance to allow for the construction of a Colorado room in the rear of our home • Our lot is a wedge shape and backs up to a new neighborhood and tree preservation easement Additional trees will be planted to create more of a buffer This addition will increase our property value and offer screening for our backyard Public Comments: None Department Report: Angie Conn: ■ The Petitioner received HOA approval and BPW consent to encroachment approval • Staff recommends positive consideration of this variance request Hearing Officer Comments: None Approved 1-0. (V) Nan Residence Pool, Lot Cover Variance. The applicant seeks the following development standards variance approval: 19. Docket No. PZ-2023-00263 V UDO Section 2.03 Maximum 35% lot coverage allowed; 44% requested. The site is located at 2614 Towne Meadow Dr. (Estates at Towne Meadow Subdivision, Lot 43). It is zoned S I/Residence. Filed by Nick Kell of Family Leisure, on behalf of Hongmei Nan, owner. Petitioner: Nick Kell: • We are looking to install an in -ground fiberglass pool, that will put us over the maximum lot coverage. • This will have a safety pool cover, and the pool equipment will be located out of all easements and setbacks Public Comments: None BZA Hearing Officer Minutes 11-27-23 Department Report: Angie Conn: • They received HOA approval. • The Carmel Engineering Department and Hamilton County Surveyor's office granted approval ■ Staff recommends positive consideration of this variance request Hearing Officer Comments: None Approved 1-0. (V) 111" and Penn, Lot Cover Variance. The applicant seeks the following development standards variance approval for a mixed -use development: 20. Docket No. PZ-2023-00264 V UDO Section 2.36 Maximum 80% lot coverage allowed; 95% requested. The site is located at 110 E. I I I I Street, at the northeast corner of I I I' St. and Pennsylvania St. It is zoned C2/Mixed Use. Filed by Troy Buchanan of Pedcor. Petitioner: Anthony Gary, Pedcor, Henry Metesky, CRC: r The development site was approved by City Council earlier this year • This is a 20-year project development ■ This is a large development that will be centered around a public plaza ■ The existing parcels will be divided up into particular areas ■ This project was design with the developer working with Carmel Engineering, Planning, and Mayor's office Public Comments: Nancy Tatum, Carmel: 6-plus acre area of trees will be sacrificed for pavement and apartments. This huge project has not been formerly approved. It is being designed crowded and with no greenspace. The plans should reduce the number of apartments and save the trees and wildlife. This project should be put on hold and reviewed by the full BZA. Craig Stregle, adjacent neighbor: Large area of trees and wildlife. If something is being built here, you should incorporate the wildlife area into this development. The view in my backyard will dramatically change from an open field to parking garage, and apartment units. Please downsize this development. The back of woods is marked wetlands, how does this work? This site currently floods during storms. Dee Fox, Carmel: I strongly disagree. This is very over dense and has very problematic issues. Even 80% lot cover is incompatible of the adjacent neighborhoods. Only 5% green space? This rezone was never appropriate to approve. If ROW is needed, then the site plan needs to be modified. Please deny this variance. Jill Meisenheimer, Williams Mill: I know firsthand how large developments adjacent to neighborhoods affect those residents. With 970 units, 58 townhomes, office spaces, and parking garages I was surprised this was sent to the BZA Hearing Officer and not the full BZA meeting. It will be 12 times the density of the Northern Heights neighborhood. This will affect the general welfare of the community and public safety morals. Where are the greenspaces and parks? Traffic, light, and noise pollution will affect the adjacent neighbors. Please deny this variance. Rebuttal to Public Comments: Henry Mestetsky • The design for this site has never been change and was presented at City Council, public meetings with the neighbors, and posted in the newspaper. ■ Commitments were put in place by the Council that were agreed upon by the neighbors. They include keeping existing trees around the perimeter of this site. • This site will provide amenities to the adjacent neighbors and will only enhance the value of the surrounding properties and will not be a detriment to the neighbors. Department Report: Angie Conn: ■ The C-2 rezone was reviewed and approved by Carmel Plan Commission and City Council in 2017 ■ This site will be meeting all C-2 standards except for the lot coverage 6 BZA Hearing Officer Minutes 11-27-23 ■ Carmel Engineering reviewed this petition and is working with the Petitioner to provide on -site stormwater detention. The City Engineer will provide a letter for this file. + The DP/ADLS will be heard at future public hearing in front of the Plan Commission Hearing Officer • Planning Staff recommends positive consideration of this request with the adoption of the findings of fact Hearing Officer Comments: Jim Hawkins: • Since there are existing wetlands on this site, how will you handle stormwater? Anthony Gary, Pedcor: All on - site stormwater detention will be detained all on -site. It will be released at a rate that is appropriate for the legal drain to handle. How much ROW will be taken for this site? Henry Mestetsky: The two central roads (north/south & east/west) within this site will dedicate their ROW to the City. Will the Planning Staff provide the people in attendance with the process to appeal against my decision? Angie Conn: Yes. An appeal can be made to the full BZA within 30 days of this decision. Approved 1-0. TABLED TO SPECIAL DEC. 12 MTG. - (V) 14373 Marsdale Pl. Side Setback Variance. 21. Development. Filed by Angela N4uff-ay of Drees Homes. Meeting Adjourned at 6:03 p.m. z xiim�'H_awklins — President Joe Shestak —Recording Secretary BZA Hearing Officer Minutes 11-27-23