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HomeMy WebLinkAboutMinutes BZA 10-27-0311�IIIIV!`' ca q� C o f C arm e l N °A1011 Carmel/Clay Advisory Board of Zoning Appeals Regular Meeting Monday, October 27, 2003 The regularly scheduled meeting was held at 7:00 PM in the Council Chambers of Carmel City Hall on October 27, 2003. Those members in attendance: Leo Dierckman, Nick Kestner, Michael Mohr, Earlene Plavchak, and Charles Weinkauf, thereby establishing a quorum. Department of Community Services Staff in attendance: Planning Administrators Jon Dobosiewicz and Angie Butler. John Molitor, Legal Counsel, was also present. Mr. Weinkauf moved to approve the minutes from the September 22, 2003 meeting. The motion was seconded by Mrs. Plavchak and APPROVED 5 -0. Mr. Molitor gave the Legal Report. He stated that the City Council passed a resolution October 20, 2003, to terminate the current Planning /Zoning Joinder Agreement between the City and the Township. It would appear that the Plan Commission could move to exercise jurisdiction over the fringe area of the Township and essentially keep the zoning jurisdiction the same as it is now. The Plan Commission membership will be reduced from fifteen (15) to eleven (11) members with two (2) Township members appointed by the County Commissioners, rather than by the Township Trustee. One of those members would be appointed to the BZA. He noted that Mrs. Rice had resigned from the Plan Commission, thereby leaving her Plan Commission position on the Board of Zoning Appeals open and also the Vice Chair position. He welcomed Mr. Nick Kestner as the newly appointed Plan Commission representative to the Board of Zoning Appeals. Mr. Dobosiewicz had no additional items for the Department Report. Mr. Dierckman nominated Charles Weinkauf to fill the Vice Chair position for the remainder of 2003. His election was APPROVED 5 -0. Mr. Mohr thanked Mrs. Rice for the time she served on the Board and her views and ideas. He respected her opinion and that her decisions were made from her heart and she will be greatly missed. He welcomed Mr. Kestner. H. Public Hearin Ih. Cherry Creek Estates, Lots #39 -66 Lots #126 -164 Garage Setback The applicant seeks approval to reduce the garage setback on 67 lots. V -99 -03 #03090019 §26.2.7 garage setback The site is located at Cherry Tree Rd and Hazel Dell Pkwy. The site is zoned S -1 /Residence- Low Density. Filed by Charlie Frankenberger of Nelson Frankenberger for Pulte Homes, LLC. Page 1 Carmel/Clay Advisory Board of Zoning Appeals October 27, 2003 Page 2 of 4 Present for the Petitioner: Jim Shinaver, a partner with Nelson Frankenberger, Carmel office. Also present was David Compton, Director of Land Acquisition for Pulte Homes of Indiana LLC. The reduction of five (5) feet for the garage door setback from 25 feet to 20 feet is needed to accommodate these empty nester, active adult Del Webb product. An aerial view was shown. Platinum Properties developed the subdivision and they took the real estate through the Primary Plat approval process. An exhibit of the plat for Cherry Creek Estates was shown. This Pulte product consists of larger homes with sunrooms, decks, larger basements and bay windows. This information was not available to Platinum Properties as it was finalizing the Primary Plat process. In order for Pulte to offer this Del Webb product on these lots, it must obtain this garage door setback variance. Without the variance the rear of these homes will encroach into the rear yard drainage easements. The next exhibit showed the setback location of the garages on these lots with the rear yard drainage easements. He distributed photos of the Del Webb product offering. The homes will have a specific streetscape view. The garage will be in line with the front of the house. Members of the public were invited to speak in favor or opposition to the petition; no one appeared. Mr. Dobosiewicz gave the Department Report. He noted the minimum parking area in the ordinance would be 9 by 20 or 10 by 18. The reduction in the setback from 25 to 20 does not inhibit the ability to park two vehicles in front of the house. The measurement is from the property line, which is outside the sidewalk, not the curb. The Department is recommending favorable consideration. Mr. Dierckman asked if anyone knew the setback in Brookshire Village. Mr. Dobosiewicz stated the setbacks were probably 15 or 20 feet. Mr. Weinkauf wondered why this was platted this way, knowing full well that a variance was needed. He looked at it as a way of increasing the density. He felt it was a way of cramming additional homes into a very small space. He is not sold on the product. Mr. Shinaver replied that the size of the footprints of these homes was not determined until the platting phase was approved. The number of lots has not changed since the Primary Plat was approved. This section of the subdivision was always designed to be for this type of product offering. The variance does not increase the number of homes that was intended when the plat was approved. Mrs. Plavchak questioned the square footage of the homes. Mr. Compton replied the square footage would be 1936 to over 2400 square feet. They all feature main floor master living and they are from the Del Webb line. When a full basement is added, they would be almost a 4,000 square -foot house. The product was in design at time of the platting. An added sunroom makes the house plan deeper on the lot and causes a hardship in the rear. These are targeted for families downsizing and looking to stay in Carmel. Mrs. Plavchak questioned the practical difficulties in the strict application in the Findings of Fact. The problem is the house, not the lot. Why not make the houses smaller? Mr. Shinaver stated that this was targeted to a certain market that does not desire a lot of lot area and maintenance, but they still desire a certain amount of square footage. This product offering Page 2 Carmel/Clay Advisory Board of Zoning Appeals October 27, 2003 Page 3 of 4 accommodates that. The practical difficulty will be in the use of the property because the petitioner would be denied the opportunity to fully utilize the rear yard of the home and construct a home of sufficient depth and size compatible with the planned character of Cherry Creek Estates. Without this variance, the type of home offering would be limited for the potential buyers who do desire a larger home, but not as much lot maintenance. Mr. Compton stated this buyer profile wants a smaller lot with little maintenance and the home size creates the difficulty. More discussion continued on the size of the lot, house, and the extra five (5) foot setback. Mr. Compton stated that after studying the Carmel market, they modified the Deb Webb product from the best plans available. Del Webb is the premier active adult empty nester builder in the country. The extra five (5) feet may not allow them to have a sunroom and that may be important to the buyer. That may limit the number of models offered. The depth of the lots cannot be changed because of the two legal drains that wrap around and come right up behind the lots. They do not want to take out the park- like area. This potential buyer does not want a big lot, but would rather have walking trails and open space. Mr. Mohr asked the price range. Mr. Compton did not have the exact numbers, but estimated $260,000 to over $400,000. The lots are approximately $66,000 to $67,000. The surrounding lots average $88,000 and the rest of the project will be $350,000 to $500,000 averaging around $400,000. The lot sizes average 55 to 67 feet wide. The Del Webb product has two (2) distinct widths. The Hampton is just over 40 feet and the rest are 54 feet wide. Mr. Mohr felt that price range and that type of home has a market as well as the area surrounding that. He felt it would have a positive impact in the area. Mr. Kestner asked about the internal lots and the distance from one sunroom to the other. Mr. Compton stated the lots are similar in depth and are about 120 feet. Back window to back window will be approximately 45 feet. There will probably be some landscaping or fencing added where there is a straight line of houses, for some privacy. If the variance is not granted they would evaluate the product and then he could not guarantee a $300,000 house. The process for re- platting was discussed. The process would be 90 to 120 days. Mr. Dobosiewicz stated that if the Board grants the variance, the re -plat would be the Secondary Plat, which is Administrative. To re -file is the other approach. The issue is really not the number of lots, because of the lot depth. Based on the configuration, they are tied between the vestal drain to the east and another arm of that drain to the west. There are six layers of lots, which would be a 30 -foot change. It is not practical to move the drives that are already constructed. Without the variance, they cannot offer every house on every lot with the options of sunrooms and screened porches or added decks. The area to the east is in a flood plain. The Public Hearing was closed. Page 3 Carmel/Clay Advisory Board of Zoning Appeals October 27, 2003 Page 4 of 4 Mrs. Plavchak moved to approve V- 99 -03, Cherry Creek Estates, Lots #39 -66 Lots #126 -164 Garage Setback. The motion was seconded by Mr. Dierckman and APPROVED 3 -2, with Mrs. Plavchak and Mr. Weinkauf casting the negative votes. 2h. Simeon Hawkins Addition, Lot 11 Professional Office (TABLED) The applicant seeks approval to operate a professional office. UV- 100 -03 903090020 10.1.1 permitted uses The site is located at 40 First Street NW. The site is zoned R -4 /Residence within the Old Town Overlay, Character Sub -area. Filed by Stephen Goldberg for S.B.G. Design, Inc. This item was Tabled. I. Old Business There was no Old Business. J. New Business Mr. Dobosiewicz asked for a volunteer for a Hearing Officer for a meeting prior to the regular November meeting. Mr. Weinkauf volunteered. Cancellation of December's meeting will be discussed next month. A Hearing Officer could be used. Discussion followed regarding the dissolution of the joinder agreement. Under the new structure, only two (2) members of the Plan Commission will be from Township. Those two will be appointed by the County Commissioners and one of those two will be selected by the Plan Commission to serve on the BZA. K. Adiourn Mrs. Plavchak moved to adjourn the meeting. The motion was seconded by Mr. Dierckman and APPROVED 5 -0. The meeting was adjourned at 7:45 PM. Michael Mohr, President Connie Tingley, Secretary Page 4