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HomeMy WebLinkAboutMinutes BZA 11-25-13 G �PT of CA 4� Eii ) i� of \ rc RTOM() N-!NDIAN% MINUTES Carmel Board of Zoning Appeals Regular Meeting Monday, November 25, 2013 6:00 p.m. Council Chambers, Carmel City Hall Present: James Hawkins,President Dennis Lockwood Earlene Plavchak Kent Broach (Alternate) Brad Grabow (Alternate) Leo Dierckman (absent) Alan Potasnik (absent) Connie Tingley, Recording Secretary Staff members in attendance: Alexia Donahue Wold, Planning Administrator Legal Counsel: John Molitor Previous Minutes: On a motion made by Earlene Plavchak and seconded by James Hawkins: The Minutes for the meeting dated July 22,2013 were approved as circulated. MOTION CARRIED UNANIMOUSLY Communications,Bills and Expenditures: 1. The BZA needs to vote to approve their 2014 Meeting Dates calendar. Alexia Donahue-Wold: • 2014 BZA calendar had been distributed to Board • Three meetings will be on Tuesdays due to holidays and City Council meetings Legal Council Report: John Molitor: • Recommended Board vote to adopt calendar Motion: On a motion made by James Hawkins and seconded by Dennis Lockwood: The BZA 2014 Meeting Dates calendar be approved as circulated. MOTION CARRIED UNANIMOUSLY WWW CARMEL.IN GOV Page 1 of 13 (317)571-2417 Carmel Board of Zoning Appeals November 25,2013 Legal Council Report continued: John Molitor: • Mr. Lockwood had been sworn in as new member to Board o Mr. Lockwood was appointed by the Plan Commission • His constituents are the unincorporated part of Clay Township • Lawsuit the Board declined to participate in regarding accessory structure is still pending in the Court of Appeals o Could be another six to nine months Reports,Announcements, Legal Counsel Report,and Department Concerns: 1. Docket Nos. 13100025-27 V need a suspension of the Rules of Procedure in order to be heard at the Special Hearing Officer meeting at 6:30 p.m. this evening to reduce the number of people to notify. This property adjoins common area for condominiums where every condo unit is a part owner. This would make the notification list up to about 160 people. Alexia Donahue-Wold: • Hearing Officer Docket Nos. 13100025 V through 13100027 V need suspension of Rules of Procedure o Location of parcel is adjacent to Hunter's Glen Condominiums and their common area • Each Condo owner owns portion of common area • Would be over 160 public notices • Motion: On a motion made by James Hawkins and seconded by Earlene Plavchak: The Rules of Procedure were suspended to reduce the number of people to notify for Public Hearing for Docket Nos. 13100025 V through 13100027 V,Rama Car Wash. MOTION CARRIED UNANIMOUSLY Public Hearing: 1-6. (V)Deer Run Subdivision The applicant seeks the following development standards variances for an infill subdivision. Docket No. 13100005 V ZO CH: 6.04.02 Min. lot area 12,000 sq ft,7,900 sq ft requested Docket No. 13100006 V ZO CH: 6.04.03.A Min.front yard 35 ft,20 ft requested Docket No. 13100007 V ZO CH: 6.04.03.0 Min aggregate side yard 25 ft,20 ft requested Docket No. 13100008 V ZO CH: 6.04.03.E Min lot width 100 ft,70 ft requested Docket No. 13100009 V ZO CH: 6.04.03.F Max lot coverage 35%, increased coverage requested Docket No. 13100010 V ZO CH: 26.04.07 10 ft rear yard buffer,no buffer requested for lots 13-15 The site is located at 10425 Westfield Blvd. and is zoned S-2/Residential. Filed by Christine Crull Altman. Page 2 of 13 Carmel Board of Zoning Appeals November 25,2013 Present for Petitioner: Christine Altman, owner and Ben Deichmann, Stephen J. Christian & Associates • Site map shown o 4 long lots off 106th Street; one lot of Howard Park on Westfield Boulevard and two unplatted parcels joining the south o Parcels bordered by Westfield Boulevard, Orchard Park Presbyterian Church, Timber Heights Subdivision, Spring Hill Estates and several unplatted lots • Howard Park original plat shown from 1946-1948 o She has acquired parcels 1, 2, 6, 7, 8 and 9 • Parcel 2 is not part of request • Single family residence will be kept • Two pages of Covenants expired May 1, 1968 • Including easements and any other restrictions on plat • Telephone pole in one easement surrounding subdivision will be accommodated in buffer area • Preliminary landscape plan depicts future lots for Deer Run Subdivision o Intent of subdivision is to draw empty-nester buyers or young professionals • No longer want large lots • Neighborhood community setting drawn to street • Living areas pulled to front of property • Parcels more compact with reduced side yards • Requesting 20-foot setback versus 35-foot required in S-2 Zoning o Mandatory Homeowners Association with mandatory fees • Fees will maintain common areas, open space, routine lawn cutting, with optional snow removal in winter • Parcels maintained while owners gone for extended time • Homeowners Association will have jurisdiction over drainage areas to assure compliance is in place with covenants • Written covenants and architectural review board for standards • Strict standards for homes with wider overhangs o Diversity in buildings with style similar to Meridian Kessler • Primarily bungalows, craftsman style or prairie style architecture • All plans need approval by control board under jurisdiction of developer through build-out and afterward • Photos of typical prairie style home shown • Lineal lines with 412 roof pitches and natural elements • Side-load porticos will be used for entries as can be accommodated on lots • Photo of craftsman bungalow shown • Sloped roofs with dormers and wide, deep front porches to draw people to front • Residence shown with 48-foot width footprint which easily fits on 70-foot lot • Accommodates design for neighborhood • Most of properties will have first-floor master, den and open living space • Second story will have additional room for family or guest rooms Page 3 of 13 Carmel Board of Zoning Appeals November 25, 2013 • The no buffer requested on the three lots allows garage to be pushed back deeper on lot and off front façade • Want emphasis on landscaping/plat materials versus lawn • Feel rear-loading garages are more attractive than front-loads • Dormers and wide overhangs are more attractive and more efficient for utilities o Her home is on the property • Intends to remain • Every incentive to make property and subdivision work for them and adjoining neighborhoods o Lots across North are narrower to accommodate open space areas off Westfield Boulevard • Important to have attractive entrance for community and value of homes (Common areas 1 and 2) • Common areas indicated on plan • Common area between front and back properties of subdivision • Drainage facility will be installed to accommodate runoff • Area will be depressed 1 to 1 l feet with materials to filter stormwater to help water quality • Stormwater will go around perimeters; through street to dry detention area, be filtered and then head into pond with controlled discharge to culvert in street • One common area will be more passive • It will re-vegetate after construction with trees, prairie grasses,etc. • Pond will be fully stocked and more active • All neighbors will have access rights for fishing • Another central area common space will be more active • Covenants will allow for common community garden area • Recreation facilities with basketball o Street trees were depicted o Northern 4 lots will be serviced by private drive off cul-de-sac • Public portion of infrastructure confined to Deer Run Drive and cul-de-sac • .Private drive will be maintained by Homeowners Association • Access will be public with respect to sidewalks and multi-use path • Folks in Orchard Park or any other subdivision can access 106`" Street on multi-use path • Private drive will also serve as emergency ingress/egress for public safety o Will be available for public safety by a bollard Knox Box • Pole in middle will prevent vehicular traffic • No one in subdivision will access property other than through Westfield Boulevard • Will be available for fire truck or emergency vehicles only • Knox Box will be inserted in wall across 106`" Street frontage Page 4 of 13 Carmel Board of Zoning Appeals November 25,2013 • Able to be opened by key owned by all Fire Departments ■ Wall is for safety from pond o Conceptual lot plan shown • Asking for up to 47% coverage on lots • Narrow lot can still accommodate rear-load garage and portico • Eighty-one-foot lot can accommodate side-load garages with side setbacks of 10 feet on each side Ben Deichmann • Concern at Plan Commission meeting about Westfield Boulevard entrance being just north of Timber Heights entrance o Concerned school bus would impede flow of traffic along Westfield • Working with Planning and City Engineering, applicant is required to increase pavement width along Westfield on her half of right-of-way to allow for 12-foot lane for northbound traffic and 12-foot accel/decel lane between Timber Heights and Deer Run • Students would be able to get on and off the bus without northbound traffic being effected Christine Altman • First variance is for minimum lot area o S-2 Zoning is 12,000 square feet o With this plan five lots would be 8,000 square feet; seven lots would be 9, 250 square feet or more and balance of lots meet or exceed requirements of S-2 • Variance for minimum front yard is for 20 feet(35 feet required) • Variance for minimum aggregate side yard of 20 feet(25 feet required) o Maintaining ten feet on each side • Variance for minimum lot width of 70 feet(100 feet required) • Variance for maximum lot coverage of up to 47% (35% required) o Primarily on smaller lots • Rear yard buffer along south and east sides will meet required 10 feet o Naturalized buffer with lots of existing trees and vegetation o At neighborhood meeting people were concerned buffer and field fence remain o Wide common areas along lots she had not acquired • Zero buffer requested for lots 13-15 • Proposed Findings of Facts outline reasoning for variance requests o Meet market demands • Currently market very underserved for smaller lots that attract empty- nesters • Feels Zoning Code has not caught up with Comprehensive Plan which encourages more dense, urban design • Bringing homes closer to sidewalks and front yard as more prominent place for living and activities will bring sense of continuity to neighborhood o All variances are internal to subdivision; nothing affects outside subdivision Page 5 of 13 Carmel Board of Zoning Appeals November 25,2013 • Will meet open space requirement of 20 percent • Will be less than 2.4 units allowed under S-2 Zoning • Will be under 4 units allowed under Comprehensive Plan • Consistent with area in density • Timber Heights has 26 lots in area • Another well-maintained subdivision has close properties • This land mass is assessed at less than one million dollars o Anticipates these 18 lots will have assessed value of$7.25 million or more o Will be a donator of assessed value and tax dollars to Carmel o Will not draw on school and other community services • This use of the property will not adversely affect neighbors o Assessed values in Timber Heights range for $171,000 to just under $290,000 o Feels homes in Deer Run will start at $325,000 with required finishes; averaging over$380,000 for the 19 homes • Does not feel traffic will be impacted • Has flexibility to do other things with this land if this plan is not successful o Feels best use is to develop in a little denser manner • Strict application of Zoning Code would not allow this subdivision to be created without a PUD o Variances are more transparent • Open House November 12 for everyone on the Plan Commission list to look at plans o Twenty neighbors attended o Plat was depicted o Requested written comments • Only concerns were drainage and buffer area • Was surprised people were unhappy at Plan Commission meeting • Neighbors have not contacted her Remonstrance: Angela Lee • Was unable to attend Open House • Showed diagram of standard S-2 lot size compared to smaller footprint requested • Excited to see land developed and built out with new neighbors • Concerned about density • Feels number of homes should be reduced o Larger home with more space between neighbors o Address fire concern of dual entry with more than 15 homes on plot of land • Appreciates 10-foot rear buffer o Who will maintain buffer? • Will not be part of individual lot • Right now has trash, poison ivy, brambles and some trees • Similar concept at 96th and Westfield for Inglenook o 197 lots with cabin- style homes o People living in front with garages in rear o Only 27 lots have sold o Price decrease in March 2012 to attract more people Page 6 of 13 Carmel Board of Zoning Appeals November 25,2013 o Feels Plan Commission is strong in maintaining Carmel standards o Opportunity to maintain Carmel as areas are filled in around older homes Rob Stubbs • On southern border of proposed development • Understood over the years the field would become a development o Knew Carmel would keep to Zoning Ordinances o Concern came when he heard about lot sizes with garages pushed toward back • Garages would be 30 feet from his back line • Appreciated neighborhood meeting o Not trying to be contentious;just wants to address BZA Board • Minimum front yard of 35 feet is important so as to not encroach too far in back o Lot size is too small to accommodate home unless it is pushed to the front o Marketing tactic of front porch/yard community might collaborate desire for smaller lots • Minimum aggregate side yard of 20 feet is further proof lot size is too small • Maximum lot coverage of up to 47% shows lot size is too small • Very concerned about lot size Tom Osterhaus • Understands there will be a subdivision • Concerned about buffer o Right now it is okay with shrubs, raspberries,poison ivy, etc. o Hopes buffer will become more than just weeds and shrubs, etc. • Concerned about fence line o Since 1987 only ones to maintain fence line are the people in Timber Heights o No one from adjacent property has ever addressed fence line o Fence line has common ownership • If tree comes down, they have an option to make the fence go • Assuming it was farmer's fence line at one time • Each farmer took care of his half of fence line • If there is dispute, right of adverse possession might come into play • High point on the property is existing topography of 820 o Comes down to the corner at 811 • Nine feet of drop from high point to corner o Swale and structure shown along east property line is 35 to 40 feet away from fence line • During construction he feels corner needs to be built up substantially or tell water to make 90 degree turn • In a gully-washer water will continue to run down onto their property • Pretty sure all water has to be maintained on existing properties • Structure needs to be moved, elevation needs to be raised or something because of the nine feet of drop • Sure City Engineers will have strict oversight on the installation of drainage Page 7 of 13 Carmel Board of Zoning Appeals November 25,2013 Gene Prochaska • In middle of south side of Deer Run property • Concerned about 10-foot buffer o There are large trees behind his property • One has diameter of 12 inches o Will have new swale and limited lot sizes • Many trees beyond the 10-foot buffer • They will all need to be removed to create swale • Concerned about trees and roots going out from drip line of trees • Roots will be damaged with swale o Concerned about long-term maintenance of buffer area Cliff Eagle • Lives first house in Timber Heights on north side • Concerned about traffic on Westfield Boulevard o Subdivision south of Timber Heights has sufficient turn lanes o Feel with 15 to 19 homes and 30 plus vehicles will not be safe with traffic problem that presently exists in front of Timber Heights • Currently difficult to enter northbound onto Westfield Boulevard • Nearly impossible to enter southbound onto Westfield Boulevard during busy times of day • Additional entry onto Westfield Boulevard close to 106th Street will add to congestion and increase possibility of accidents • Short lane entering Deer Run heading northbound on Westfield Boulevard • It will be part of existing right turn lane for eastbound traffic and cars will significantly slow down to enter short lane into Deer Run • Cars heading southbound on Westfield Boulevard and turning into Deer Run will cause traffic to stop; backing up past 106th Street • There will be no lane to continue southbound and they will need to cross two lanes before entering Deer Run • Has had water problem that runs downhill from Westfield Boulevard onto his property and onto Deer Run o Has presented problem to City Engineer's Department for over two years o Water is unable to get to storm drain that is north of current driveway in Deer Run o Drain pipe has been plugged for over 21 years o Water gets over road and backs up to his property, creating health risk Joe Hummel • Lives in Timber Heights with great neighbors • Carmel is great place to live with hundreds of neighborhoods o Happened because of rules and guidelines o Ask Board to follow rules and guidelines that are set forth o These are not small variances that redefine a good neighborhood • She wants to meet her expectations of the desired price/value of properties o Feels Deer Run could be good neighborhoods with codes and guidelines that have been set forth for Carmel Page 8 of 13 Carmel Board of Zoning Appeals November 25, 2013 Rebuttal: Christine Altman • Density meets or is under density allowed for S-2 Zoning • Dual entry concern o Timber Heights has single entry with 26 lots • It is blocked where it could go through to Spring Hill Estates • There are trees and barriers at stub street that would connect neighbors o Deer Run provides access for public safety • Concern over distance from intersection of 106`h Street and Westfield Boulevard o Indicated distances from Timber Heights and Deer Run • Distance is length of Mr. Eagle's lot • Safety of school children will be increased be adding extra pavement with decel lane • Distance is approximately 750 feet • Concern regarding buffer o Mr. Stubbs' house is 20 feet from her back property line o Deer Run would have 10 feet plus 20 feet for 30-foot setback o Mr. Stubbs has approximately 20-foot setback o Buffer is required by City • Buffer requirement was not in effect when Timber Heights was developed • There are no buffers between her property and their back yards - • One neighbor stores bags etc. on back of their property o Buffer area will be tree preservation area • Left naturalized • Will in-fill with plant material if necessary after drainage is installed • Will meet requirements of number of trees and/or bushes o Will do everything they can to maintain trees on property with required City drainage requirements o When she acquired property in 1999, it was clear cut • Only vegetation along fence line were trees that grew up in the fence line • Has allowed it to naturalize • Will preserve naturalization as much as possible • Drainage concerns o Mr. Eagle's property drains onto her property • Feel Deer Run will benefit his property • There will be drainage structure in that area to capture run off • There is not a private easement of private drainage • If pools on her property • Subdivision will remedy Mr. Eagle's issue Ben Deichmann • Per City's Stormwater Ordinance; developer is obligated to not impede flow of any off- site water coming onto the Deer Run site o Required pipe size for any conveyances of stormwater has to be sized for Deer Run and any existing off-site runoff o Part of design has accounted for run off Page 9 of 13 Carmel Board of Zoning Appeals November 25,2013 o Existing wet detention pond and proposed infiltration basin meet the intent of the stormwater detention requirements for not increasing run off from any development to any downstream receiving facility Christine Altman: • Complete topography was done when they started this process o They know every elevation o Drainage is always a concern o When property is developed with new stormwater detention requirements, drainage improves • Tree preservation and buffer areas are on each lot o Covenants will require they not be disturbed with respect to tree preservation Public Hearing closed. Angela Lee: • Ask about 12-foot additional lane on Westfield to allow for turning o Will the 12-foot expansion and drainage come out of common areas 1 and 2? Department Report: Alexia Donahue-Wold • Six variances are requested • Project also going through Primary Plat procedure with Plan Commission o Requesting six subdivision waivers • Believe variances will allow for unique character for this subdivision o Similar to some of the homes in Old Town with smaller lots and setbacks o Reduced front yards, smaller lots and side-load garages to develop sense of community require variances • Density for subdivision is within permitted 2.4 units per acre • Required amount of open space is being provided per the Subdivision Control Ordinance • Providing required buffer for lots on south and east of Subdivision o Reduced buffer is requested for lots 13, 14, and 15 • Where subdivision is adjacent to existing homeowners, there will be buffer yard as well as tree preservation area or common area • Department believes these variances will allow more housing opportunities for people who may desire moderately dense subdivision o Like to see more options in Carmel for different preferences of living Department recommended approval of all variances. Discussion: Christine Altman: • Common area is open space (in answer to Angela Lee) o Does not have any utilities or drainage in it o Open Space Ordinance prohibits any utilities or drainage in common areas/open space Page 10 of 13 Carmel Board of Zoning Appeals November 25, 2013 o One lot will have to maintain easement for power pole o Road taper for Timber Heights will be extended to 12-foot lane for Deer Run o Road taper, multi-use path and common area are exclusive and do not overlap Discussion with BZA Board: • All lots accessed from Westfield Boulevard o Only access from 106`h Street will be for public safety o One of the subdivision waivers is to extend cul-de-sac past 600 feet o Private drive for lots along 106`h Street • Requires subdivision waiver to be private drive • Homeowners Association will maintain it o Will have public easement for trail • Trees on perimeter are street trees o Any trees not along streets are existing trees o Committed to maintain those trees • Existing corner lot with rental home will be eliminated • Buffer going around outside perimeter is currently wider than ten feet o Buffer variance is only for lots 13-15 o During summer, buffer is dense • Wild raspberries in natural area o Buffer is private for each individual lot • Covenants will state buffer will remain a tree preservation and open space area o After drainage is installed, she will commit to plant any additional trees/bushes needed for buffer o With tree canopy, only fittest trees have survived • Backyards are required to have a swale for containment o It is outside buffer area o Aggregate of 30 feet between lot line and adjoining neighbor o 20-foot drainage and utility easement adjoins 10-foot buffer o Houses cannot come within 30 feet of property line • Strip between lots 12 and 13 is utility easement; also mid-point access for common area for homes across street o Existing utility easement o Cannot balance lots without having easement in middle of a lot(6 lots on north side, 5 lots on south side) o Lots on south side will give more building options/flexibility o Five lots on each side would cause major redesign for drainage and utilities • Platted easements are eliminated on all lots o There are easements for the utilities • She has already removed one rental home on one of the parcels • Has seen some examples in Broad Ripple of shared driveways that goes to "Y" for the garage areas John Dicklin (Ms. Altman's husband) • Designed their current home Page 11 of 13 Carmel Board of Zoning Appeals November 25,2013 • Has done some drawings with shared driveway and splitting for garages o Could be an issue with parking o There would be more parking on the street Discussion continued with Board: • Not asking for any variance for rear yard setback o With 20 feet and 10 feet buffer, it will 30 feet setback • Monon Overlay might provide some guidance • Architectural Control Board will be looking at everything o Covenants require approval for playsets, etc. o Covenants are very strict o Homeowners Association will maintain reasonable rules • More common area will accommodate any play equipment • When Carmel Utilities acquired right-of-way along 106`h Street, it was apparently 45 feet off center o She has learned it now 50 feet off center o They will be donating the five feet • For Westfield Boulevard, dedication will meet Thoroughfare Plan for right-of-way dedication o It is depicted on plan • Deer Run Drive will be full access out for either direction • She has just acquired house on north of lots 13-15. o She will keep as rental home throughout development III o Seems ludicrous to have bufferyard to herself o Open Space and Bufferyard are relatively new ordinances that were not in place when other areas were developed • The area has not been platted for subdivision since she bought property in 1999 • Infrastructure costs are one contributing factor for high density o Every realtor she has spoken to has a client that wants a lot in subdivision • As an attorney, she has represented several clients who have developed subdivisions o Has strong relationships with several people in the business o Feels comfortable this is not beyond her capabilities • Private drive prevents cut through for vehicles from Westfield Boulevard to 106`h Street • In speaking with Mayor, it is Carmel's direction to move away from gated communities o She wants to make it feel like one neighborhood o Traffic will not be better on 106`x' Street until a roundabout is installed at the intersection of 106`h Street and Westfield Boulevard • Mike McBride, City Engineer, has looked at the intersection • Intersection was discussed when multi-use path was installed • Mr. McBride feels roundabout can be installed with existing right- of-way John Molitor: • Discussion has not been inappropriate, however, there are six waivers pending before Plan Commission and six variances before Board of Zoning Appeals Page 12 of 13 Carmel Board of Zoning Appeals November 25,2013 o They'are separate bodies o They are not subject to each other o Some of this discussion bleeds over • Street access is Plan Commission item • It is relative for lot sizes • Plan Commission Subdivision committee meets December 3 • BZA does not meet until January • Special BZA meeting could be scheduled after Subdivision committee has met o Only suggesting possibilities Jim Hawkins: • Will Plan Commission provide any more insight into what BZA is deciding today? Brad Grabow: • Volunteered to make sure this conversation was addressed fully at the Plan Commission Subdivision committee meeting Motion: On a motion made by Brad Grabow and seconded by James Hawkins: Docket Nos.13100005 V through 13100010 V,Deer Run Subdivision, be approved for minimum lot area (12,000 square feet required, minimum 8,000 requested); minimum front yard (35 feet required, 20 feet requested); minimum aggregate side yard (25 feet required, 20 feet requested); minimum lot width (100 feet required, 70 feet requested); maximum lot coverage (35% allowed, up to 47% requested) and 10 feet rear yard buffer (no buffer requested for lots 13- 15). VOTE: Docket Nos. 13100005 V, 13100006 V, 13100008 V APPROVED 4-1, Hawkins negative. Docket Nos. 13100007 V, 13100009 V, 13100010 V APPROVED UNANIMOUSLY Adjournment: Motion: On a motion made by James Hawkins and seconded by Earlene Plavchak: The Meeting be adjourned. MOTION CARRIED UNANAIMOUSLY The meeting adjourned at 7:46 p.m. Approved this Z-0"' day of -si v-c`tv y 20 jf Pre dent—James Hawkins Secretary—Conn' Tiny Filename:11.25.2013 regular meeting.doc Page 13 of 13