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HomeMy WebLinkAboutDept Report 07-25-11 CARMEL BOARD OF ZONING APPEALS JULY 25, 2011 DEPARTMENT REPORT 1. (A) Appeal to building permit #11010015, Carport for Thornhurst, Lot 4. The applicant seeks to appeal the issuance of an improvement location permit: Docket No. 11060001 A Appeal to permit 11010015, Carport for Thornhurst Addition, Lot 4. The site is located at 37 N. Guilford Rd. It is zoned R -2 /Residence. Filed by Becky Feigh, neighbor. General Background Info: The petitioner, Ms. Becky Feigh and several neighbors of the Thornhurst neighborhood are appealing a permit issued by the Building Permits Dept. Please see the petitioner's informational packet for more detail. Background Info: Last year, Mr. Stanley Hunnicutt was cited for a violation of the Carmel Zoning Ordinance for him to customarily park his business trailer in the front. Zoning Ordinance Chapter 25.26.01 states: commercial vehicles or trailers shall not be parked, stored, or maintained or kept on any residentially used or zoned lot unless the vehicle has a maximum load capacity of 3/4 ton or less and serves a the sole vehicular transportation of a resident of the property upon which it is parked, stored, maintained or kept, or such vehicle is within a garage or carport which complies with all the standards and regulations of this ordinance. Mr. Hunnicutt then filed a residential improvement location permit application which was approved by the Building Permits Dept. The condition of this permit approval was that Mr. Hunnicutt would need to screen the sides of the vehicle from view, within that carport. When the Dep't issues a final permit, any resident could file an appeal to the BZA within 30 days of the action, per section 30.01 of the Zoning Ordinance. The 30 day appeal time frame expired on: 05/12/2011. An appeal application was not officially filed, as required by the ordinance, but there was an appeal letter emailed to Mr. Hollibaugh, DOCS director, on 05/11/11. The director deemed this acceptable as an `official filing'; of an appeal application. However, the Appeal Application was not actually submitted until June 10, 2011. The carport is located about 10 from the side property line. This is permitted by the Zoning Ordinance, which only requires a minimum 5 -ft side yard in the R -2 district. While the carport is permissible under the Zoning Ordinance, it might violate the private covenants and restrictions of the Thornhurst neighborhood, which was platted in 1957. Neither the City nor the BZA has authority under Indiana Law to enforce these private covenants. The petitioner, Ms. Becky Feigh, also cites Zoning Ordinance Chapter 25.01.01.a.1 accessory buildings and uses shall not alter or change the character of the premises. The Dept. thinks that this carport helps to shield Mr. Hunnicutt's business trailer from view, which meets the ordinance requirement.. Findings of Fact: I The Petitioner has properly followed the Appeals Procedures outlined in Ordinance Z -160, Section 30.2, et seq. except as follows: The building permit was issued on 04/12/2011 and any citizen can appeal that decision within 30 days. The 30 day appeal time frame expired on: 05/12/2011. An appeal application was not officially filed, as required by the ordinance, but there was an appeal letter emailed to Mr. Hollibaugh, DOCS director, on 05/11/11. The director deemed this acceptable as an `official filing': of an appeal application. However, the Appeal Application was not actually submitted until June 10, 2011. 2. Nature of action appealed from: Issuance of a residential improvement location permit, for a carport. Agency: Cannel Building Permits Dept. (Dept. of Community Services) Date of Agency Decision: 4/12/2011 3. Attached copy of Ordinance or materials which is subject of Appeal as Petitioner because: See petitioner's info packet. 4. The written materials submitted to the Board does support the Petitioner because: See petitioner's info packet. 5. The Agency, Official, Board or Zoning District boundary should be affirmed. DOCS issued the building permit after much consideration to the ordinance and determined that the carport meets the ordinance requirements. 6. The work on the premises upon which appeal has been filed shall be stayed because: DOCS issued the building permit after much consideration to the ordinance and determined that the carport meets the ordinance requirements. Recommendation: After all concerns have been addressed, the Dept. of Community Services recommends negative consideration of Docket No. 11060001 A, to stay the issuance of the permit for the carport.