HomeMy WebLinkAboutMinutes BZA 03-28-11 Hearing Officer 0 1.sno v
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MINUTES
Carmel Board of Zoning Appeals
Hearing Officer
Monday, March 28, 2011
5:30 pm
Caucus Rooms
Present: Kent Broach, Hearing Officer
Connie Tingley, Recording Secretary
Staff Members: Rachel Boone, Planning Administrator
Angie Conn, Planning Administrator
Mike Hollibaugh, Director, Dept. of Community Services
Legal Counsel: John Molitor
Public Hearing
1 (V) The National Bank of Indianapolis
The applicant seeks the following development standards variance approvals:
Docket No. 11010007 V Ch. 25.07.02 -08.b Number of signs (2 requested, 1 allowed)
Docket No. 11010008 V Ch. 25.07.02 -08. b Two signs facing north ROW (1 allowed)
WITHDRAWN:
The site is located at 613 E. Carmel Dr. It is zoned B- 8/Business. Filed by Jon Dobosiewicz of Nelson
Frankenberger on behalf of the National Bank of Indianapolis.
Present for Petitioner:
Jon Dobosiewicz and Charlie Frankenberger, Nelson Frankenberger
Location is the currently closed Burger King on Carmel Drive; east of AAA Way
DP /ADLS approved by Plan Commission January 2011
Site plans and construction plans shown
One ground sign and one wall sign facing north right -of -way (Carmel Drive)
Signs would be same as photos shown of signs on Michigan Road /Bash Road locations
Public Hearing closed
Department Report:
Rachel Boone
60 square feet permitted for one sign
Total square footage of two signs is less than 60 square feet
Department recommended positive consideration
www.carmel.in.gov Page 1 of 5 (317) 571 -2417
Carmel Board of Zoning Appeals
Hearing Officer Meeting
March 28, 2011
Action: Mr. Broach APPROVED Docket Nos. 11010007 V and 11010008 V, number of signs (2
requested, 1 allowed) and two signs facing north ROW (1 allowed).
4. (V) High Grove, Lot 32 Marsden Pool Setback.
The applicant seeks the following development standards variance approval:
Docket No. 11010012 V Ch. 25.01.01.C.8.a: swimming pool/deck, side yard setback
The site is located at 1891 Winesap Way and is zoned S -1 /Residence. Filed by Noel Angela Marsden,
owners.
Present for Petitioner:
Noel Marsden, owner
Constricted corner lot with required 1500 square foot main floor for home
9 square feet decking within the 10 -foot easement
Received approval from Homeowners Association and adjoining neighbor
Public Hearing closed
Department Report:
Angie Conn
Deck encroaches approximately 3 feet into 10 -foot right -of -way
Department recommended positive consideration
Discussion:
Home is almost complete
Encroachment toward the south, towards the neighbor
Action: Mr. Broach APPROVED Docket No. 11010012 V, High Grove, Lot 32 Marsden Pool
Setback, for swimming pool/deck, side yard setback.
5. (V) Little Farms Subdivision, Lot 27.
The applicant seeks the following development standards variance approval to have a miniature horse on
0.75 acres:
Docket No. 11030002 V Ordinance Chapter 3.07: farm animal on less than 3 acres
The site is located at 1215 E. 105 St. It is zoned R- 3/Residence within the Home Place Overlay. Filed by
Jeffrey Yegerlehner, owner.
Present for Petitioner:
Jeff Yegerlehner, owner and daughter Gracey
Wish to purchase miniature horse
Public Hearing. closed
Department Report:
Angie Conn
Miniature horse is usually less than three tall and up to 150 pounds; size of large dog
Already have pole barn to house horse
Page 2 of 5
Carmel Board of Zoning Appeals
Hearing Officer Meeting
March 28, 2011
Department recommended positive consideration
Discussion:
Statements of support received from adjoining neighbors
Horse is named Mo
Action: Mr. Broach APPROVED Docket No. 11030002 V, Little Farms Subdivision, Lot 27,
farm animal on less than 3 acres.
6. (V) 945 E. 101st St. Pole Barn.
The applicant seeks the following development standards variance approval:
Docket No. 11030003 V Ordinance Chapter 25.01.01.A.4: accessory structure built without
a primary structure. The site is located at 945 E. 101st St. It is zoned R -1 /Residence. Filed by James
(Jim) Gravelie, owner.
Present for Petitioner:
Jim Gravelie, owner, 11540 Monon Farms Lane
Will remove current unfixable garage
Storage of personal and business items: mobile home, cars, tractor, truck
No employees going in and out on daily basis
Already cleaned up the area
Will install privacy fence around property
Remonstrance:
Della Faulkner, 939 E. 101 Street
Adjacent to front of property
Had heard rumors about this project
o More than one garage to house large equipment
o Kind of business in this garage
o Size of garages(s)
o Kind of equipment stored
o How often equipment retrieved
o Size and frequency of trucks going in and out
o Equipment stored inside or outside
o Impenetrable privacy fence
o Many trees already removed; landscaping improved
o Location of driveway
o Drainage problems; lake forms
Ruth Hinshaw, 947 E. 101 Street
Adjacent property owner
Drainage water runs through her lot and sump pump
o Drainage problems began after paving of church parking lot across the street
Noise is worse from I -465 after trees were removed
Location of driveway adjacent to their property would be near their bedroom
David Pencak, 4459 Bristal Lane
Owns sliver of land adjacent to back of property
Page 3 of 5
Carmel Board of Zoning Appeals
Hearing Officer Meeting
March 28, 2011
Impact on future sale of his property
Lisa Phillips, 941 E. 101 Street
Wants any variance to be strictly enforced
Rebuttal:
Jim Gravelie
Only one garage near end; parallel to Phillips' garage
Keep existing driveway; not move closer to Hinshaw's
Spoke with Hamilton Country regarding drainage from church parking lot
o The County was not aware of the problem when the church expanded
o None of the residents followed up with the church regarding the drainage issues
o Not sure how drainage issue will be addressed; he will make sure it drains from front to
back of his property
Will install 6 -foot fence around back to help with noise barrier
Will plant trees
Plans to improve the property
No heavy equipment or big trucks; one 1 -ton pickup truck (no diesel)
Will keep things orderly
Garage will be used for storage; not running daily business
Plans to bring in dirt to fill low area next to Hinshaw property to force water to back
Discussion:
Because of new information presented, best to postpone meeting to April full BZA Hearing
Additional variance may be needed for size
o Proposed building about same size as original garage with carport and lean -to
Property will be improved
BZA approval needed for construction of new building
Other issues will need to be decided at full BZA meeting
o Hearing Officer can only decide this variance for accessory building without primary
structure
o Hearing Officer can deny variance application or impose conditions; Petitioner can request
application be place on full BZA agenda
o Would still need additional variance before constructing building
o Hearing Officer approval can be appealed within fourteen days
o Normally drawings are submitted with fence and landscaping information
Would need to file variance application for size of new garage
o Staff would inform him of filing deadlines
o Original garage was 40 x 24, lean -on 15 x 40, carport/shelter 10 x 40; proposed would be
42 x 64
Next BZA meeting will be April 25, 2011
o New Public Hearing
o Remonstrators will need to present issues again
o Suggest Petitioner discuss project with neighbors before April 25 meeting
Property zoned R -1 /Residential; assessed as Commercial
Additional public notice will be required to adjacent property owners
Page 4 of 5
Carmel Board of Zoning Appeals
Hearing Officer Meeting
March 28, 2011
o Staff would inform him of filing deadlines
o Public Notice sign will need to be posted again
Action: Mr. Broach TRANSFERRED Docket No. 11030003 V, 945 101 Street Pole Barn to
the full BZA Hearing, Monday, April 25, 2011, 6:00 pm.
Adjournment
The Hearing Officer adjourned the meeting at 6:09 PM.
Approved this 2 0—day of 44A4L 20 1/
Hearing O cer K Broach Secretary Connie Tingle
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File: 20110328 hearing officer.doc
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