HomeMy WebLinkAboutMinutes BZA 07-28-03 Hearing OfficerE. Public Hearing:
City of Carmel
Carmel/Clay Board of Zoning Appeals
Hearing Officer
July 28, 2003
The meeting was held at 6:00 PM in the Caucus Rooms on the Second Floor of Carmel City Hall on
July 28, 2003. The Hearing Officer was Earlene Plavchak.
Department of Community Services Staff in attendance: Jon Dobosiewicz and Angie Butler. John
Molitor, Legal Counsel, was also present.
Mr. Molitor reported that a Hearing Officer meeting is conducted the same as a regular Board of
Zoning Appeals meeting, with the Hearing Officer having the only vote.
1 e. Enclave of Carmel, Lot 25 (V- 77 -03)
Petitioner seeks the following Development Standards Variance:
V -77 -03 #03070004 3 -ft aggregate side yard setback
The site is located at 557 Melark Drive, the northwest corner of 126 St and
Keystone Ave. The site is zoned R -2.
Filed by Chuck Wright of the Elliot Wright Group on behalf of Enclave
Development Corporation.
Present for the Petitioner: Chuck Wright. This was zoned R -2 and in the zoning process there
were multiple variances granted in order for the zoning to stay R -2. He had copies of the
different zoning variances. One of the zoning variances granted was a ten -foot aggregate side
yard setback. Over the years, the interpretation meant ten feet between buildings and that is what
had to be maintained. Last season going on those same guidelines there was a mistake on staking
on one of the properties. The houses are eight and one -half feet apart. It was raised then that it
was in violation of the ten -foot interpretation. The current Zoning Department interpreted it
correctly. An aggregate side yard setback is measured from the property line and not building -to-
building across the property line. Given the rules we thought we were playing by, the only way
we can accomplish both of those criteria was to place the house parallel to the side yard setback.
We have a permit for this, but the neighbors said that this doesn't look right. In order to be like
the other houses, we would like to go back to parallel to the front street, with a three -foot side
yard setback.
Discussion followed regarding the placement of the house and others in the subdivision.
Mr. Wright shared a letter from the Homeowner's Association in support of this project.
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Carmel/Clay Board of Zoning Appeals
Hearing Officer
July 11, 2002
Page 2 of 2
Members of the public were invited to speak in
appeared.
Department Report was given by Mr. Dobosiewicz.
consideration of the site plan as submitted. This
neighborhood.
Mrs. Plavchak approved Docket V -77 -03 Enclave of Carmel, Lot 25.
F. Old Business.
None
G. New Business.
None
H. Adjourn.
The meeting was adjourned at 6:20 PM.
Connie Tingley, Secret
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favor or opposition to the petition; no one
The Department is recommending favorable
is consistently sited as other homes in the
Earlene Plavchak, Hearing Officer