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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
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(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