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HomeMy WebLinkAboutPacket 06-27-11CARMEL BOARD OF ZONING APPEALS June 27, 2011 Docket 11060001A Appeal to Building Permit #11010015, Carport for Thornhurst Addition, Lot 4 PETTIONER: THORNHURST NEIGHBORS Docket No. Petitioner: 1. 2. 3. 4. 5. 6. DATED THIS 11060001A Thornhurst Neighbors 27 CARMEL/CLAY BOARD OF ZONING APPEALS Carmel, Indiana DAY OF June FINDINGS OF FACT APPEAL (Ballot Sheet) ,2011 Board Member BZA Appeal Application pg 9 rev. 12/28/2010 Docket No.: Petitioner: CARMEL/CLAY BOARD OF ZONING APPEALS, CARMEL, INDIANA 11060001A Thornhurst Neighbors Date.of Agency Decision: February 11, 2011 Adopted this 27 day of June CHAIRPERSON,' Carmel /Clay Board of Zoning Appeals SECRETARY, Carmel /Clay Board of Zoning Appeals FINDINGS OF FACT APPEAL 1. The Petitioner has. (has not) properly followed the Appeals Procedures outlined in Ordinance Z -160, Section 30.2, et seq. except as follows: The Petitioner (Thornhurst Neighbors) believes the property owner of 37 N. Guilford Rd. has not properly filed or obtained the necessary variances needed to erect the proposed Carport. (Building Permit- #11010015). 2. Nature of action appealed from: The Petitioner (Thornhurst Neighbors) seeks to appeal the issuance of the Building Permit- #11010015, Carport located at 37 N. Guilford Road. Agency: Department of Community Services Attached copy of Ordinance or materials which is subject of Appeal as Petitioner because: Chp. 25 Sec25.01.01.A.1- Accessory Building: Residential District- see attached packet Chp. 25 Sec 25.18.01.B. 1,2 3- Home Occupation: Standards Generally see attached packet Chp. 25 Sec 25.26.01.A &B- Commercial Vehicles- see attached packet 4. The written materials submitted to the Board does support the Petitioner because: The erection of the proposed Carport located at 37 N. Guilford Rd. would alter the residential character of the premise and would create a visual detriment to adjacent properties. The Carport itself would be used to store a commercial trailer used for the business of the owner which such business is ran from the property address 37 N. Guilford Rd. 5. The Agency, Official, Board or Zoning District boundary should be affirmed. The.erection of the proposed Carport located at 37 N. Guilford Rd. would alter the residential character of the premise and would create a visual detriment to adjacent properties. 6. T he work on the premises upon which appeal has been filed shall not be stayed because: The erection of the,proposed Carport located at 37 N. Guilford Rd. shall be stayed due to the fact that the proposed structure alters the residential character of the premise and would create a visual detriment to adjacent properties. DECISION IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Appeal Docket No. 11060001A is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof. BZA Appeal Application pg 10 rev. 12/28/2010 ,2011 Conditions of the Board shall be listed on back. (Petitioner or his representative to sign). TABLE OF CONTENTS A. SITE PLAN AERIAL PHOTO B. APPROVED BUILDING PERMIT #11010015 C. STATEMENT :OFVARIANCES NEEDED TAB A Liggett, Brent E From: Stanley, Hunnicutt.[ tanliunnicutt @sierramobilelabs_com] Sent: Friday, March 25, 2011 2:26 PM To: Liggett, Brent E 'Cc: Hollibaugh, Mike P Subject: kEf drawing (Hunnicutt) Brent, 4/11!2011 Page 1 of 4 1 have all the information to add ress the comments Mike had on the carport permit. There are two drawings inahis email's attachment that show,the: final layout and the supports for the retaining wall. Here are specificresponses to the comments Mike made: Conirnent: I am concerned about the retaining.walland whether it will havesufficientstrength to hold the structural loads, along with the :vehicle, etc. Response:- The support structure_ is shown in the second drawing in the attachment. A Y2" threaded steel rod will be inserted through the middle of the 4'‘' x6" treated landscape timbers and embedded into the concrete pier recommended by the manufacturer,(Their recommendations include:eight.piers per side and a size.of8" in and 18" deep). The timbers: and the carport rail will then;be secured with a,lock nut and washer. In addition after discussion.with several carpenters who have done these kinds of projects, the landscape timbersiwere increased from 4'x4" to_4 "x6" for added stability. Although..it'is not clearly shown on the drawings, the :north: side'of the; carport -will have concrete piers that match those on south side. The only difference in thenorth side is :that only one -(or possibly two at the rear) landscape timber will be necessary because of the highergrokind.surface. Comment: It is not clear that the siding details how the siding will be attachedao.the frame, can you ask him for a detail of that? Response: As shown in the instruction manual included with the original ..permit application, the siding is attached to the frame with screws. The screws are -paint matched to the siding. Comment: What,about drainage.between`the existing garage and the proposed :structure? Response: The entire area under the carport and -between the house and;thecarport'will be covered in gravel'. This7gra■Gel Will allow drainage to takeplacein.the same fashion as,before.the,,carport is installed. The water will.. drain south, undertheicarport: In heav dow there is additional drainage to the south as the surface. is gradually:sloped (perhaps five degrees),in:thafdirection as well. Comment:: What; willthesidinglook.like:on•the east side of this? how will it look where the wall and wood core together, (or will it beopen on both ends? Response; The siding on,,the east side will affix to the last support rib. This will produce a closed end with no gaps and;;the =car,port roof will overhang'ahis.end by approximately 11 The landscape timbers will wrap around the east end of:the carport:in order to maintain a consistent look and not leave unsightly gaps. At the 'southeast corner the side'and rear siding :will meet at the last carport rib support. The seam will then be covered with a paint matched corner coverto provide a consistent look with the existing house. .I have also lookedjinto:theneighborhood covenants for Thornhurst Addition. I know that the City of Carmel permitting departmentis.no't.responsible, for enforcing these covenants, but they did cause me to makean importantchangein the plans that;1 want point out. The property line offset for the neighborhood is 10'. This,requires me tol reduce the widthiof the carport to 10:5' and move the carport so that it touches the roof overhang on :the house. This will.still leave a 1' gap between the carport and the existing garage wall. I have also moved the carport back from the,front of the house to avoid a rain gutter on the first 3' of the house roof. The attached.drawings indicate my final plans unless the permitting department finds some things that need be changed. Please' let me know if any such changes need to be-made or when I can proceed with construction. Thanks. ;StanleyA.. Hunnicutt 'President 'Sierra Mobile Labs, Inc. P fib n e:.317- 509 =8140 :Fax:'888 575 2498 Email:; stanhunnicutt @sierramobilelabs.com CONFIDENTIALITY NOTICE:- This message is intended exclusively for the individual orentity'to which it is addressed, This communication may contain information that is proprietary, privileged:or confidential or otheraiise legally exempt'frommdisclosure. If you are not the named addressee, youareinot.authorized to read, print, retain, copy, or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately 'by`e- maiVand: delete all copies of'the message. From; Liggett, Brent E [mailto :bliggett@carmel.in.gov] Sent:. Friday, March .18, 2011 3:49 PM To: st: arihunnicutt @sierramobilelabs.com Cc: Hollibaugh, Mike P; Mast,. Darren; Blanchard, Jim E Subj FW: drawing (Hunnicutt) Stan, Page 2 of 4 Here is. the list of details that we went over•earlier today: Also, as I stated Mike Will :be meeting with our plan comrnission:attorney next week.to see what other'steps.may need to betaken. When you re- submit these items please note any changes :in size, etc...that you would Iikeito make. Also, you will warit to look into any :covenants./ restrictions of Thornhurst that; could•'be:an issue with neighbors. I know that'you said that you purchased that home because you didn't believe that, any restrictions but,thatray not be accurate. Keepin mind that we will be sending.a letter to the neighborhood to. inform them that;the forged letter placed in :the mailboxes was not sent,by the City of Carmel: Thank you again for your continued cooperation through out this process. I will contact you on Monday the 28 to see whereyou are on these issues. Thanks, •Ore ,tt Liggett Building Inspector/ Code Enforcement Building and Code Services The City of Carmel (31.7) 571 -2491 A Please consider the environment before printing this e-mail From: Hollibaugh, Mike P Sept: Friday, March 18,20.11 3:10 PM To:,Liggett; Brent E; Conn; Angelina V' Cc: Blanchard, Jim ,E: Subject: RE: drawing (Hunnicutt) 4/11/2Q11 Brent, Thanks for sendingahis on. After looking over the ...drawings, I have a number of questions /concerns to run by you. WoUld.you,aSk Jim Blanchard if'he has any concerns too? 'lcarn concerned about the retaining whether it will have sufficient strength to hold the structurallioads, along; with the vehicle, etc. It °is not clear that the siding details how the siding will be attached to the. frame, can you ask him for a detail ofthat? What'about drainage..between the existing and the proposed structure? WhatTwill•the.siding look like on the east side of this? how will it look where the wall and wood come together? (or will it be open on both ends? 1..noticed that a "stop work" has been. placed which will give some time to get some ofthese details worked out. You should let Mr. Hunnicutt know that,what he'is proposing to do, although it may rneet,zoning, does not appear to..meet the recorded covenants;for Thornhurst Addition in regard tosetback and, possibly, land use. That may become anLissue withihis neighbors now'that they have all been `alerted"to•this project. I plan to talk with the Plan.Commission attorney about this next week you and I can talk more about this when you get back in the office. a appreciate your effort on this, hope you and the family have a nice time away next week. Mike From: Stanley-:Hunnicutt [mailto: stanhunnicutt@sierramobilelabs.com] Sent: Thursday; March 17, 2011 12:59 PM To: Liggett, Brent E Subject: RE:Arawing Brent, Attached:is the revised drawing for the carport :showing the house and all dimensions. Please note the drawing is iidt to scale. In•order to enclose the rear of thecarport -and still fit the entire trailer inside,. the carport has been extended "by 4.5' to a total length o'f'31.5'. This will incur an extra cost for me, but if this is what it takes to complete the project, I am willing. it is my understanding that this is,all 1 need to submit at this time. Please let me know if I am incorrect or if you need me to come in to sign something for this addendum. Stanley A. Hunnicutt President Sierra Mobile Labs„ Inc. Phone: 317-509-8140 Fax:F888 -675 -2498 !Email: stanhunnicutt @sierrarnobilelabs.com C O_NFIDE■TIALITY NOTICE This rnessage is intended exclusively for the individual or entity to which it is 411.1 /201 Page 3 of 4 addressed. This communicativn.may contain information that is proprietary, privileged or confidential or otherwise legaly exempt from disclosure: If you not the named addressee, you are not authorized to read, print, retain„ copy,: or'dissem nate this :message or any part of it. If you'have received this message in error, please notify the senderimmediately by e =mail and delete all copies of the message. From: _Liggett, Brent E [maiito bliggett @carrnel in.gov] Sent: Wednesday, March 16, 2011,4:34 PM To: istanhunnicutt @sierramobilelabs:corn Subject drawing Stan, I to send you a reminder, thatyou needto:submit an updated plan of what your will Zook Tike once finished. Based on the email we sent: you in Februaryyand the conditions put on theipermit,application I would like you. to submit thatto us prior to. beginning construction. If you were to begin building' it;prior getting this inforrnation'there is a chance we would post a stop =work order on the project. Thanks for cooperation, .rcpt L6gg�a t Building,.inspector /Code ,Enforcement Building :and' Code. Services The City of Carmel (317) 571.-249,1 biiggett @carmel.in :gov A Please consider the environment before printing this,e -mail 4/11/201 Page 4 of 4 March 24, 2011 3w' CITY ARMEL JAMt;s BRAINARD, MAYOR To: Residents of:Christie's Thornhust Addition Carmel, Indiana 46032 Re: Proposed,lmprovemenf°Location Permit of Mr. Stanley A. Hunnicutt, 37 N. Guilford Rd., Carmel, IN 46032 Dear Carmel Property Owner: I`write today in.my capacityas supervisor of Brent Liggett who is a Building. Inspector and Code Enforcement .Officer in the Department of CommunityyServices ofthe City of Carmel. Last week, after. an. internal investigation, 1. learned.that a forged letter:was distributed recently i,nEyour neighborhood .ostensibly sent: to.you,and your neighbors by_Mr: Liggett in an apparent attempt to persuader* that Carmel'Board of Zoning Appeals.had secretly approved Mi. Hunnicutt's plans to build an aluminum carport on his property at 37 N. Guilford. The City has not'yet been able to,discover�the source of this forged letter•(dated "March 2011 and headed "Hi Neighbor howeyei•,.I want to assure.you "the :letter did nio :originate with=Mr. Liggett nor with any other employee.or Of the City of Carmel. To set the record straight, here are. all thefacts surrounding Mr. Hunnicutt's .proposal: 1. This Department initiated.an.investigation.last November into:the use of the Hunnicutt property; uponMayor _Brainard's.request,•after the Mayor received a cop y of an anonymous complaint letter that':was dated; October:31, 2010. 2. After.reviewing vtr, Hunnicutt's practices on behalf of this Department; ;Mr. Liggett advised Mr; Huiinicu.tt;that it was a .violations of the Carmel Zoning Ordinance .for.'him to customarily park.his,business;trailer in the front yard of his property. This advice was based on ,the-texttof Section 25 .26101 ofthe Zoning Ordinance which states, "Commercial vehicles or trailersshall.not;be parked stored, maintained or kept on any residentially used or zoned.lotunless the vehicle >ha "s a maximum load capacity of three quarters (3/4) of a ton or.less; and: (A) tle.sole vehicular transportation of a resident of the property upon which it is parked ,stored, maintained or kept; or (B) such vehicle is within.a .garage or carport which :complies: with•all the standards and regulations of this ordinance!' 3. When.Mr. Hunnicutt learried that he waS'subject to a:possible enforcement action, he filed with.Mr. Liggett a• "Residential Improvement Location Permit Application which was P.EPARTMENT OF C :c'>MMI N1TY SERVICES U,\'E sQORE, C'A ,IEL, 1ti 'i6032 I'1at >NE 317.i71,2117. FAS 317.571.2426 lMu:i IAl t. R, Ho1.1.1nAtu;tt, r)I tiic:T 7R received by'this Department.on January 6,2011, and conditionally approved by Mr. Liggett •oii•Eebruaiy iJ, 2011.. The condition that Mr. Liggett unposed on the application was that the;proposed carport would "need to screen the sides of the vehicle.fi'om view Subsequently it:has been communicated that any new accessory. building shall not alter the residential character of the premises, and must be built so it does not create a visual detriinentto adjacent property. 4. Mr. Hunnicutt. has yet to f lerevised plans that dernonstrate..his:proposed carport would meet the stated:above. Consequently, this Department has NOT yet issued a final, valid perinit to Mr. Hunnicutt Which would:allow hiin.to proceed to build.thecarport. 5. Contrary to the insinuation inthe;forged letter, this matter has.,NOT been reviewed or approved :by -the Carmel Board'of Zoning Appeals. 6. If and when this Department does.issue a permit to Mr. Hunnicutt, the :issuance would still be subject:to appeal by' any interested,residents.. Section 30.01 of the Carmel Zoning Ordinance,states, "The Board[ofiZoning Appeals] may hear, review and,determine appeals taken from any order, requireinents, decision or determination imade,by the�-Director or any administrative official or boardtcharga•with the enforcement :of the Zoning or Subdivision Control Ordinance of the City of Carmel. All appeals shall be filed'with the Director within thirty (30) days of the.:action.to be appealed." After receiving a copy ofthe =forged letter „I requested assistance from this Department's legal counsel,• provided. by.the City government: Our counsel has now advised the that Mr. Hunnicutt's proposed carport construction— while it,may be permissible under the City's ordinances may violate the private; covenants and restrictions bind"owners:of lots in the Thoinhust.Addition,: which was platted in 1957. The covenants and restrictions were formally approved by the Hamilton County Plan Commission on May 20,1957, and'recorded in the office of the Hamilton County Recorder _on.May 27, I957. Accordingto our- counsel, neither this Department nor the :Board:of Zoning: Appeals has authority under Indiana law, to enforce private covenants and restrictions;, however, .they may be enforceable by "any -other person owning any-real property situated: in' this; subdivision Therefore, concerned residents may have to "consult a privateattorney if they want to take effective action to prevent the proposed carport from being built:. Thank: your for your attention'to.this:matter.. If you would like to discuss any of the above,in furtherd"etail, youinay.call me :at'317;571 2417. Sincerely, l `Michael Hollibaug cc: Douglas Haney, City Attorney M ayor J ani es B rai n and TAB C 2. Chapter 25 Sec 25.18.01.6.1,2 3- Home Occupation- Standards Generally. 'B. Character: o k 1. The Home Occupation shall change the character of the Dwelling, Lot or Parcel; 2. The Dwelling shall not bear any indication from the exterior that is being utilized in whole or in part for any purpose other than a Dwelling 3. The Home Occupation shall not be permitted outside,storage or display of materials in connection with the Home Occupation.' The property owner of 37 N. Guilford has stated to Dept. of Community Service Building Code staff that the commercial trailer is used for his business. According to the property owner's website and filings with the Indiana Secretary of State's Office —the Corporation status and company contact information uses the 37 N. Guilford Road address. It is the opinion of the Thornhurst Neighbors that the Carport should comply with the requirements as stated in Sec,25.18.01.B.1,2 &3. The proposed Carport structure (refer to carport sample photo in previous section) would alter the character of the premises and would indicate that some form of Home Occupation is occurring at that address. 3. Chapter 25 Sec 25.26.01.A &.B-,Commercial Vehicles. '25.26.01 Commercial Vehicles or trailers shall not be parked, stored maintained or kept on any residentially used or zoned lot unless the vehicle has a maximum load capacity of three quarter (3/4) of a ton or less; and A. Serves as the sole vehicular transportation of a resident of the property upon which it is parked, stored, maintained or kept; or B. Such vehicle is within a garage or carport which complies with all standards and regulations of this ordinance.' The property owner of 37 N. Guilford has stated to Dept. of Community Service Building Code staff that the commercial trailer is used for his business. The property owner has yet to provide the current weight of the maximum load capacity of the commercial trailer to see in fact does the trailer comply with this section of the Ordinance. Any vehicle trailer exceeding the above referenced weight limit would be prohibitive under this section. Secondly Sec 25.26.01.B refers to vehicle within a garage or carport- does not say vehicle and or trailer within a garage or carport. The commercial trailer in question is non motorized.