HomeMy WebLinkAboutPacket for HO 3-25-24Cover Sheet for Information Packet
Dear Hearing Officer:
I kindly request that you consider approving my application for variance for Docket No. PZ-
2023-00294 V. I am requesting a variance to allow a 44-66 inch back/side patio wall. The wall
will have 0% visibility, as it will be brick to match the house.
Please find enclosed in this packet the following documents:
• Finding of Fact Sheet
• Statement of Request and Support
• Location Map
• Site Plan
• Site Plan with Overlay of Project
• Wall Detail Design
• Rendering/Drawings of Final Project
• Photographs of Current Construction
• HOA Approval
• Email of Support from Adjacent Owner/HOA President
• Email between Builder and City Representative
Thank you in advance for your consideration of this matter.
Cynthia Ackelmire
FINDINGS OF FACT SHEET - DEVELOPMENT STANDARDS VARIANCE
CARMEL ADVISORY BOARD OF ZONING APPEALS
(Petitioner to fill out 1-3 + first two blanks)
Docket No.: PZ-2023-00294 V
Petitioner: Cynthia Ackelmire
1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare
of the community because:
There are no threats to the public health, safety, morals or general welfare by creating a brick wall to the
outdoor patio. The height of the patio wall will not hinder any views from the roadway and is not at the
property line. The wall on the patio will serve to protect invitees onto the property because, without the
wall, there would be a substantial drop off from the patio ledge to parts of the yard below. The HOA has
approved and granted permission for the project.
2. The use and value of the area adjacent to the property included in the variance will not be affected in a
substantially adverse manner because:
The patio wall should have no adverse effect on the adjacent properties, as it is not at the property line of
any adjacent property and no views to any adjacent property owners will be blocked. The project should
increase the value of this property, which should have an advantageous effect on the value of the
surrounding properties.
3. The strict application of the terms of the Unified Development to the property will result in practical difficulties
in the use of the property because:
This is a corner lot and by definition has two front yards, one on each road frontage. The request is to
exceed the allowed fence/wall height of three feet for a front yard (as well as visibility requirements) in order
to have a brick wall along the ledge of the back patio. The brick wall was designed using the exact b rick of
the brick wrap to the house and at the height of the brick wrap. Due to the slope of the back/side yard,
there is a significant drop off in certain areas of the patio, especially at the northeast section. Without the
wall, this would be a significant safety risk to the owner and any invitees who are on the patio.
DECISION
IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Development Standards
Variance Docket No. PZ-2023-00294 V is granted, subject to any conditions stated in the minutes of this
Board, which are incorporated herein by reference and made a part hereof.
Adopted this _______________ day of __________________________________, 20 _______.
____________________________________________________________________________________
HEARING OFFICER, Carmel Board of Zoning Appeals
____________________________________________________________________________________
SECRETARY, Carmel Board of Zoning Appeals
Conditions of approval of the Board, if any, are listed on the Letter of Grant.
Statement of Request and Support
This request is for a variance to UDO Section 5.09 (Fence and Wall Standards), which allows a
maximum 42-inch fence/wall in the front yard with minimum 25% visibility required. I am
kindly requesting a variance for a 44-66 inch brick patio wall with 0% visibility.
The subject property is a corner lot with two front yards, one on each road frontage. The
property is also back-loading, with an alley for the driveway in the back. The back patio,
therefore, is in the side/back yard, but along a frontage; as such, it is technically in a front yard.
Additionally, the small yard is significantly sloped.
Due to the slope of the yard, when the patio was designed, I chose to include a brick wall around
the patio. Without the wall, there would be a significant drop off at some areas of the patio,
especially near the northeast corner and along the east ledge. I felt that the open ledge would
create a safety hazard for myself, guests and pets.
The patio and wall were designed to maintain a clean and attractive appearance for neighbors
and the surrounding area. The house has a current brick wrap that is approximately 44 inches in
height. The exact brick was located for use on the patio. The patio wall was designed to be the
same height as the brick wrap for a clean aesthetic. It will also fully cover the back of the grill.
The brick wall will be approximately 44 inches in height from all areas of the patio floor. The
main issue is that, looking from the outside of the patio, due to the slope of the yard, in some
areas the “wall” (which would include the aforementioned 44-inch wall plus a retaining wall)
will be as high as approximately 66 inches from the grass below. There are photographs and
drawings included to assist in visualization.
As I’m sure you are aware, the project was started and then flagged by the City. My builder was
unaware that a variance (or permit) was needed for the brick wall due to some
miscommunication. I have included correspondence in that regard. I was not made aware that
there were any permitting issues or that a variance was needed until the current structure was
already built. Currently, the retaining wall and brick wall have been built. A gas line for the grill
has also been moved.
I should also advise you that we had originally planned for a two panel privacy screen on top of
the brick wall, as well, but have since scrapped that design. I have included photographs of the
current construction, noting that the wooden beams will be cut and capped if the variance is
approved.
HOA approval was obtained prior to the start of the project, which I have included. No issues
have been brought to my attention by any neighbors. I kindly ask that the City approve my
request for this variance and I can hopefully get this project finally completed and landscaped for
the Spring.
Lot 45
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Ackelmire, Cynthia L
From:Cindy Ackelmire <ca819@aol.com>
Sent:Thursday, March 14, 2024 12:02 PM
To:Ackelmire, Cynthia L
Subject:[External] Fwd: Revised Lot Improvement Request
Sent from my iPhone
Begin forwarded message:
From: Clay Corner HOA <claycornerhoa@gmail.com>
Date: September 22, 2023 at 7:51:08 PM EDT
To: Cindy Ackelmire <ca819@aol.com>
Subject: Re: Revised Lot Improvement Request
Hi Cynthia,
This is approved based on the new documents submitted. Please call 811 before digging.
thank you,
Clay Corner Hoa Board
On Fri, Sep 22, 2023 at 11:18 AM Cindy Ackelmire <ca819@aol.com> wrote:
Hello,
A revised site plan is below, along with the updated 3D images showing the edge of the patio in line
with the garage. Please let me know if you need any other information or if you need another copy of
the lot improvement form. No information has changed on it.
Thank you,
Cynthia Ackelmire
Sent from my iPhone
Begin forwarded message:
From: Jeffery Worpell <jeffery@thespectrumonline.com>
Date: September 22, 2023 at 8:22:13 AM EDT
To: Cindy Ackelmire <ca819@aol.com>
Subject: pictures with site plan
Cindy,
CAUTION: This email originated from outside the organization. Do not click links or open attachments
unless you recognize the sender and know the content is safe.
2
attached is your plan view with some photos. let me know if you need
anything else.
thanks,
Spectrum Landscape Services, LLC
Jeffery Worpell
Jeffery@TheSpectrumOnline.com
310 Commerce Parkway West Dr.
Greenwood, IN 46143
1
Ackelmire, Cynthia L
From:Cindy Ackelmire <cindyackelmire@gmail.com>
Sent:Thursday, March 14, 2024 12:57 PM
To:Ackelmire, Cynthia L
Subject:[External] Fwd: Proposed Variance for 1502 Mairn Avenue, Carmel
Sent from my iPhone
Begin forwarded message:
From: Felix Melchor <felix.melchor80@gmail.com>
Date: March 14, 2024 at 12:39:43 PM EDT
To: Cindy Ackelmire <cindyackelmire@gmail.com>
Subject: Proposed Variance for 1502 Mairn Avenue, Carmel
To Whom It May Concern:
My understanding is my neighbor (Cynthia Ackelmire) at 1502 Mairn Avenue, Carmel, IN is requesting a
variance to allow completion of her side/back patio that is presently under construction, but stalled by
the City of Carmel.
Cynthia’s home and my home nearly back up to each other with an alley in between that provides
access to our backload garages. Her home is very visual from our back patio and at present we’re
extremely hopeful she has the opportunity to complete her patio project that requires approval of a
variance.
Cynthia shared her vision for her patio with us and other neighbors from the very beginning and we
were in favor of her ideas and design. Additionally, the HOA Board approved it. Construction began but
was halted by the city due to a building ordinance issue (or something of that nature). She continues to
communicate her plans for a revised design that we find to be quite logical in relation to functionality
and the general appearance will offer significant appeal to her home and our neighborhood.
As a direct neighbor to Cynthia, my wife and I are in absolute favor of approval of the variance. She has
proven to really care about the appearance of her home and the ambiance of the neighborhood and her
efforts to further improve both is welcome.
Further, I also happen to be the President of the Clay Corner HOA so I am charged to fairly assess and
analyze proposed neighbor improvements for all home improvements to ensure they meet the
expectations for the individual home and the community overall. Speaking for myself and for the HOA
Board, we find that Cynthia’s plans for completion of her side/back patio will enhance the look and
appeal of her home and the neighborhood overall.
Please consider this as a recommendation from Felix and Tamara Melchor as direct neighbors, and from
Felix Melchor as Clay Corner HOA President for approval of the proposed variance by Cynthia Ackelmire
CAUTION: This email originated from outside the organization. Do not click links or open attachments
unless you recognize the sender and know the content is safe.
2
at 1502 Mairn Drive, be approved.
Let me know if I may answer any questions or add any further perspective to allow for approval.
Thank you.
Felix Melchor
Clay Corner HOA President
1509 Jensen Drive, Carmel, IN
567-686-4172
Sent from my iPad
1
Ackelmire, Cynthia L
From:Cindy Ackelmire <ca819@aol.com>
Sent:Wednesday, March 13, 2024 1:09 PM
To:Ackelmire, Cynthia L
Subject:[External] Fwd: 1502 Mairn Ave conversation with nick
Sent from my iPhone
Begin forwarded message:
From: danny Worpell <danny@thespectrumonline.com>
Date: January 5, 2024 at 9:36:42 AM EST
To: Cynthia Ackelmire <ca819@aol.com>
Subject: FW: 1502 Mairn Ave conversation with nick
This is the conversation that I had with nick at the carmel office.
Spectrum Landscape Services, LLC
Danny Worpell
317-777-4407
Danny@TheSpectrumOnline.com
310 Commerce Parkway West Drive
Greenwood, IN 46143
CAUTION: This email originated from outside the organization. Do not click links or open attachments
unless you recognize the sender and know the content is safe.
2
From: Mishler, Nicholas F <nmishler@carmel.in.gov>
Sent: Friday, October 13, 2023 10:34 AM
To: danny Worpell <danny@thespectrumonline.com>
Subject: RE: 1502 Mairn Ave
No permit required. Just go to the portal where you applied for this and submit for a fence permit. Thanks
Nick Mishler
Commercial Permitting Coordinator
City of Carmel
Building and Code Enforcement
(317) 571-2489
Please consider the environment before printing this email
From: danny Worpell <danny@thespectrumonline.com>
Sent: Friday, October 13, 2023 10:33 AM
To: Mishler, Nicholas F <nmishler@carmel.in.gov>
Subject: RE: 1502 Mairn Ave
3
Nicholas,
There is no structure being built. Its going to be a sitting wall with a couple columns with posts
coming out of the columns for a couple privacy panels. The post will literally just slide into the
columns. Let me know if we need a permit for this. And I can file a new permit for a fence if needed.
Thanks,
Danny and jeff
Spectrum Landscape Services, LLC
Danny Worpell
317-777-4407
Danny@TheSpectrumOnline.com
310 Commerce Parkway West Drive
Greenwood, IN 46143
<image002.jpg>
From: Mishler, Nicholas F <nmishler@carmel.in.gov>
Sent: Friday, October 13, 2023 10:00 AM
To: danny Worpell <danny@thespectrumonline.com>
Subject: 1502 Mairn Ave
Good morning-
Regarding the permit for the patio at 1502 Mairn Ave, is there an actual structure being proposed or is it
just a hardscape and a wall/fence? I’m not sure that this would require a building permit or just a fence
permit.
Nick Mishler
Commercial Permitting Coordinator
City of Carmel
Building and Code Enforcement
(317) 571-2489
<image001.png>
Please consider the environment before printing this email