HomeMy WebLinkAboutMinutes BZA 05-23-11 Hearing Officer Q r RTNEk
C ity of Carmel
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MINUTES
Carmel Board of Zoning Appeals
Hearing Officer
May 23, 2011 Meeting
5:30 pm
Caucus Rooms, Carmel City Hall
Present: James Hawkins, Hearing Officer
Connie Tingley, Recording Secretary
Staff Members: Angie Conn, Planning Administrator
Legal Counsel: John Molitor
Public Hearing
1 -3. (V) Heritage Square, Lot 6A
The applicant seeks the following development standards variance approvals in order to
construct a home:
Docket No. 11050003 V Ordinance Chapter 10.04.03.A: front yard setback
Docket No. 11050004 V Ordinance Chapter 10.04.03.B C: side yard
setback/aggregate
Docket No. 11050005 V Ordinance Chapter 10.04.03.F: lot cover percentage
The site is located at 239 Legacy Ln. It is zoned R -4 /Residence. Filed by Jennifer Englert.
Present for the Petitioner:
Jennifer Englert
Lot is 29.67 feet wide; much narrower than R -4 regulations (60 feet)
Would like to center 25 -foot house on the property
o Builder needs 2 feet per side to completely water proof basement
Would like to move house forward to 20 -foot Drainage Utility easement setback;
avoiding neighbor's slab garage floor
o Builder does not want to be closer to neighbor than 5 to 8 feet, depending on soil
Lot is 4808 square feet; 35% would be 1682 square feet
o Requirements are 700 square foot first floor living space, 400 square foot 2 -car garage
o 76 -foot curved frontage; 3 -foot wide sidewalk equals 228 square feet
o Totals 1328 square feet for house and required sidewalk coverage
o Leaving 354 square feet available for a 20 -foot wide by 17 -foot long driveway which
would not reach the street from the garage
o These variances would put them about 60 square feet more than 35% lot coverage
www.carmel.in.gov Page 1 of 2 (317) 571 -2417
Carmel Board of Zoning Appeals
Hearing Officer
May 23, 2011
Public Input:
Judy Marich Doeppers, Lot 6B
Replat of August 2005 stated any home on Lot 6A must be designed to avoid any changes
to Lot 6B home
o Specifically prohibits any construction within any distance that would require windows
or doors on Lot 6B home to be moved
They were told it would require a firewall on their home if any home was built on Lot 6A
They would not change anything on their home to accommodate a house on Lot 6A
Rebuttal:
Jennifer Englert
Easement currently from Lot 6B home is about one foot on south, with 5 -foot side yard to
the north
Lot 6B home is in about 32 inches; approximately 2.5 feet
o Centering the new home would give another 2.5 feet;
o Will give half foot, making 5 feet between homes, windows and doors not moved.
They will not do anything that would make Lot 6B change their property
Public Input:
Kent Shipley, Attorney with GLF Realty, owners of the parcel
Supports the petitions and has been exchanging information for the property
Public Hearing closed
Department Report:
Angie Conn
This last parcel completes the neighborhood and sidewalk network
Department recommended positive consideration of all variances.
Discussion:
House will be approximately 25 feet wide
Recorded Plat stipulates no changes can be required on Lot 6B
Action: Mr. Hawkins APPROVED Docket Nos. 11050003 V through /1050005 V,
Heritage Square, Lot 6A, for front yard setback, side yard setback/aggregate, and lot
cover percentage.
Adjournment
The Hearing Officer adjourned the meeting at 5:40 PM.
Approved this 2 741 da of J t 20 1.
earing Officer James Hawkins Secretary r .nn /Tingley
Page 2 of 2
File: 5 -23 -11 hearing officer.doc.doc