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Home My WebLink AboutCorrespondencePlan Review - Review Comments Report Project Name: PZ-2025-00109 V Fruchte Shed Setback Variance Workflow Started: 5/23/2025 12:19:17 PM Report Generated: 06/25/2025 11:05 AM REF #CYCLE REVIEWED BY TYPE FILENAME DISCUSSION STATUS 1 1 Planning & Zoning Angie Conn 5/30/25 2:27 PM Comment Please respond in writing to the preliminary review comments listed at the bottom of the 05/23 docket no. assignment email, and please do that before noon on Friday, June 13. For your convenience, they are listed again, below: a) Please make checks payable to City of Carmel if you are paying via check. (DONE, payment received) b) Provide a copy of the Official List of Adjacent Property Owners from the Hamilton County Auditor’s Office. (Make sure to check ‘Carmel BZA’ on their form.) b2) Also provide a copy of the List of Adjacent Property Owners from the Marion Co. side. https://maps.indy.gov/MapIndy/ (Public Notice by Certificate of Mailing, and provide the list of adjoiner properties on the south-side of 96th Street) c) *The Current in Carmel only prints on Tuesdays, and their filing deadline is usually 14 days prior to their printing date. Please submit your Microsoft Word file of the legal ad to them before Noon, Fri., May 30 so that it prints on time - Tues., June 13. Their contact info is 317-489-4444 or legals@youarecurrent.com. (Please refer to page 6 of the attached Handout for a template of wording to use for the legal ad and the mailings – the Notice of Public Hearing.) d) The mailings/notices to the adjacent property owners should be done by first class mail with Certificate of Mailing (not Certified Mail). (Please provide us with the stamped receipts of the certificate of mailings for the file no later than 8am, Wed., June 18) e) Please provide the filled out & notarized Placement of Public Notice Sign Placement Affidavit form (found in Handout) once the sign is placed. f) Please provide the filled out & notarized Petitioner’s Affidavit of Notice of Public Hearing form (found in Handout). g) Please provide the filled out Notice of the Public Hearing form/template (found in Handout). h) Please provide proof of notice, such as Publisher’s Affidavit from the newspaper, once you receive them. i) Please make sure to list out the true practical difficulties and hardships associated with having to comply with the zoning ordinance. (DONE) j) Please have your Findings of Fact written out the variance request and please write them so that they address the specific topic of the variances requested, with more details as to why you need that specific variance approved, etc.(DONE) k) Additional review comments (if any) will be issued through ProjectDox, our online plan review software. Responded by: Jonathon Fruchte - 6/14/25 9:33 AM I have uploaded docs to the public notices section. These docs cover b, b2, c, d, e, f, g, h. Resolved REVIEW COMMENTS Created in ProjectDox version 9.4.9.4 Plan Review - Review Comments Report Project Name: PZ-2025-00109 V Fruchte Shed Setback Variance Workflow Started: 5/23/2025 12:19:17 PM Report Generated: 06/25/2025 11:05 AM REF #CYCLE REVIEWED BY TYPE FILENAME DISCUSSION STATUS 2 1 Planning & Zoning Angie Conn 5/30/25 2:28 PM Comment If you have not done so already, please also create and submit your online Consent to Encroch application for the Carmel Engineering Dept. and BPW (Board of Public Works & Safetry) to review: https://cw.carmel.in.gov/PublicAccess/login Reviewer Response: Angie Conn - 6/16/25 11:24 AM A CTE is not requried, since you already have non- enforcement of easement approval from another agency. ---------------------------------------------------------- Responded by: Jonathon Fruchte - 6/14/25 9:36 AM I will begin working on that process with Jarrod Huff shortly. Resolved 3 1 Engineering John Thomas 6/12/25 1:34 PM Comment It appears the utility easement may have become right of way since the original plat was recorded. Therefore it does not appear that the proposed shed will be in conflict with any easements. Department has no comment no project. Info Only Created in ProjectDox version 9.4.9.4 Shestak, Joe From:Conn, Angelina V Sent:Monday, June 16, 2025 11:23 AM To:jfruchte@gmail.com Cc:Shestak, Joe; Shively, Matthew; Jesse, Christina Subject:FW: Consent to Encroach - 9610 Deerfield Mall Follow Up Flag:Follow up Flag Status:Completed Good morning, Jon – Joe is on vacation this week, but I did investigate this. You are correct that you will not need a Consent to Encroach approval. Your CTE application will be withdrawn by the Engineering Dept. I will also note this in the BZA Dept. Report for your BZA variance request that a CTE is not needed. The BZA Dept. Report will be released on Wednesday afternoon, and it will also contain an analysis of the variance request, as well as a vote recommendation. Have a great day, Angie Conn, AICP - Planning Administrator Carmel Planning/Zoning Division, DOCS rd 1 Civic Sq., 3 Flr., Carmel, IN 46202 O: 317.571.2417 W: carmeldocs.com From: Huff, Jarrod <jhuff@carmel.in.gov> Sent: Monday, June 16, 2025 10:20 AM To: Conn, Angelina V <Aconn@carmel.in.gov> Subject: RE: Consent to Encroach - 9610 Deerfield Mall Agreed it is not needed since they have approval from TRICO. I will mark it as “withdrawn” on Cityworks. Jarrod Hu?, P.E. Sta? Engineer Engineering Department One Civic Square Carmel IN, 46032 O?ice: 317-571-2441 Direct: 317-571-2309 Email: Jhu?@carmel.in.gov What's Happening in Carmel? From: Conn, Angelina V <Aconn@carmel.in.gov> Sent: Monday, June 16, 2025 10:12 AM To: Huff, Jarrod <jhuff@carmel.in.gov> Subject: FW: Consent to Encroach - 9610 Deerfield Mall Hi, Jarrod – It appears that the CTE application with case no. CO-2025-0023 will not be required. Any way to close it out in Cityworks? Angie Conn, AICP - Planning Administrator 1 Carmel Planning/Zoning Division, DOCS rd 1 Civic Sq., 3 Flr., Carmel, IN 46202 O: 317.571.2417 W: carmeldocs.com From: Shestak, Joe <jshestak@carmel.in.gov> Sent: Saturday, June 14, 2025 10:20 PM To: Conn, Angelina V <Aconn@carmel.in.gov> Cc: Jesse, Christina <cjesse@carmel.in.gov>; Shively, Matthew <mshively@carmel.in.gov> Subject: FW: Consent to Encroach - 9610 Deerfield Mall Hi Angie – can you look into this? Not sure if this will alter your Dept. Report. Thank you, Joe From: Jonathon Fruchte <jfruchte@gmail.com> Sent: Saturday, June 14, 2025 3:44 PM To: Shestak, Joe <jshestak@carmel.in.gov> Subject: Consent to Encroach - 9610 Deerfield Mall Hi Joe, I'm circling back to work on the Consent to Encroach and want to make sure I'm not doing unnecessary work. Attached is the replat of my lot from 2017 when the trail went in. This is different than the original you provided back on May 9. This comment was provided on my application by the engineering review: It appears the utility easement may have become right of way since the original plat was recorded. Therefore it does not appear that the proposed shed will be in conflict with any easements. Department has no comment no project. I'm a bit confused. Thanks, Jon On Fri, May 9, 2025 at 2:06 PM Shestak, Joe <jshestak@carmel.in.gov> wrote: Good afternoon, Jon: Thank you for the phone call and email. Your building permit – B-2025-00541 was flagged for the newly proposed accessory building (160 sq. ft. shed) being placed forward of your home. You do have a unique situation with your lot shape, being a corner lot, and the building orientation of your home, which provides you a practical difficulty in where your shed can be placed on your property. to apply for a Development Standards Variance and one that Planning Staff would be supportive of. 2 th The Deerfield Subdivision Plat for Lot 1 shows a platted 50-ft building setback line along 96 Street and a 75-ft building setback line along Deerfield Mall. That was imposed by the developers of the subdivision and is on a recorded document. There are also several easements platted – along the south property line and along the east property line. (See attachment for plat) Since this is a corner lot, you have two street frontages, thus two front yards. Also, on Corner Lots, the UDO (Unified Development Ordinance) states that accessory buildings cannot be placed in front of the primary structure (house). That being said, attached is a graphic showing an approximate area in which the mini barn/shed can be placed without needing BZA variance approvals and/or Subdivision Replat approvals. If you cannot place the mini barn/shed in a manner that complies, then Planning Staff can offer you the BZA Hearing Officer route and be supportive of a BZA variance request, which has the lesser filing fee and the more compressed timeline (for faster approval). You would also most likely need BPW approval for a Consent to Encroach into the easement. What is a Consent to Encroach Agreement, and when do I need one? The Consent to Encroach Agreement must be obtained prior to placing any improvements (fence, landscaping, private drain, signs, retaining walls, etc.) within an easement or City right-of-way. A Consent to Encroach Agreement acknowledges the placement of a private improvement within a public easement, or within City right-of-way. The agreement gets recorded with the property. The Engineering Department will review the Consent to Encroach Application, and the Agreement will first be reviewed by the Law Department. Then the Agreement is signed by the property owner(s) and notarized, and then the final approval is by the Board of Public Works and Safety. Attached is a Handout about the BZA Hearing Officer Development Standards Variance process that contains all the instructions, checklist, public notice templates, affidavits, etc. Staff is here to help you go through this Variance process. With variances, you have to prove a practical difficulty or hardship as to why you cannot comply with the Carmel UDO. Your Variance request would be the following: UDO Section 5.02 (B)(1)(a)(i): 25-ft Minimum setback of an accessory building behind the principal building; 56-ft located in front of the principal building requested. You will need to submit your online applications here by Monday, May 26 to be placed on the June 23 BZA Hearing Officer meeting agenda. 3