Aug 26, 2024 Board of Zoning Appeals Hearing Officer Meeting

[A. Call to Order]

[00:00:08]

>>> GOOD EVENING. I AM CALLING TO ORDER THE BOARD OF ZONING AND APPEALS MEETING STARTING AT 5:15 P.M. LET'S START WITH THE

PLEDGE OF ALLEGIANCE. >> ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.Î

>> THANK YOU. DO WE HAVE A REPORTS OR ANNOUNCEMENTS?

[D. (SE) Haston Short Term Residential Rental. ]

>> NOTHING FROM LEGAL. >> THANK YOU. WE WILL BEGIN THE PUBLIC HEARINGS. THE FIRST IS PZ 02040116 , THE ACCESSORY BUILDING HEIGHT. PLEASE COME TO THE PODIUM AND MAKE SURE YOU STATE YOUR NAME AND THE PROPERTY YOU ARE TALKING ABOUT.

PLEASE, FIRST PUSH THE BUTTON TO MAKE SURE THAT THE

MICROPHONE WERE. THANK YOU. >> IS THIS GOOD?

>> STEPHEN DENNISON 15 20 -- IN CARMEL.

>> YOU MAY GO AHEAD AND PRESENT WHATEVER YOU WOULD LIKE TO

PRESENT. >> REALLY, THE PACKET WAS PRETTY SELF-EXPLANATORY. WE ARE JUST SEEKING A VARIANCE FOR THE HEIGHT OF SLIGHTLY LESS THAN 23 FEET WHERE THE ORDINANCE IS FOR 18 FEET. THE PRACTICAL APPLICATION, TO RESTORE A MOTORHOME OUTSIDE OF THE ACCESSORY BUILDING AND THE MOTORHOME IS 12 FEET IN HEIGHT AND FOR ME TO DO THE MINUTES INSIDE I NEED ADDITIONAL HEIGHT TO DO MAINTENANCE AND BE ABLE TO STAND ON TOP OF THE MOTORHOME. WE HAVE A LETTER OF SUPPORT FROM THE NEIGHBOR TO THE SOUTH THAT HAS MAIN EXPOSURE TO THE OUTSIDE BUILDING. OUR NEIGHBORS ALL AROUND HAVE ACCESSORY BUILDINGS AS WELL. SIMILAR IN STRUCTURE.

WE HAVE PLENTY OF CLEARANCE FROM THE EDGES OF OUR PROPERTIES SO WHY AM HERE TO SEEK APPROVAL FOR OUR VARIANTS.

>> THANK YOU. YOU CAN STEP DOWN. IS THERE ANYONE HERE TO STEP DOWN -- TO SPEAK IN SUPPORT OF THIS PETITION. IS THERE ANYONE THAT WOULD LIKE TO SPEAK AGAINST THE PETITION.

OKAY. MAY WE HAVE THE DEPARTMENT REPORT.

>> THEY ARE SEEKING A VARIANCE OF HEIGHT FOR THE BURN . IT IS FOR AN EXTRA 4 FEET OF HEIGHT. IT WILL BE SET BACK FROM THE PROPERTY LINES OF THE MINIMUM SETBACK FOR AN ACCESSORY STRUCTURE IS 5 FEET AND THEY WILL BE 5 FEET AND 20 FEET FROM THE PROPERTY LINES. WE DO RECOMMEND POSITIVE CONSIDERATION OF THE VARIANTS. THANK YOU.

>> THANK YOU. I WILL GRANT THIS VARIANCE AND WITH ADOPTION OF THE FINDINGS OF FACT SUBMITTED BY THE PETITIONER. THANK YOU.

[D. (SE) Bonilla Short Term Residential Rental Renewal. ]

>> MY NAME IS SHERRY AND I LEAVE THAT -- LIVE AT 1617 ROSEMEAD DRIVE AND I HAVE A SEPARATE BUILDING ON THE PROPERTY THAT I WOULD LIKE TO GO AHEAD AND SET IT UP AS AN STRR. I HAVE NOTIFIED MY SUBDIVISION AND I DON'T HAVE ANY COMPLAINTS ABOUT IT AND I TALKED WITH MY NEIGHBOR TO THE EAST AND SHE WROTE A NICE APPROVAL LETTER AND I ALSO HAD A LEAD LADY WHO WAS NEEDING A PLACE TO STAY BECAUSE SHE HAD SOME RECONSTRUCTION THAT NEEDED TO BE DONE SO SHE CAME OVER AND I HAD HER, I ASKED IF SHE WOULD RATE IT AND SHE SENT ME A NICE

[00:05:09]

DO AN STRR. >> THANK YOU. IS THERE ANYONE HERE TO SPEAK IN SUPPORT OF THE PETITION? ANYONE TO SPEAK AGAINST? OKAY, DEPARTMENT REPORT PLEASE.

>> THE PETITIONER SEEKS APPROVAL FOR A SHORT-TERM RENTAL AND THERE IS EXISTING LIVING SPACE ABOVE HER GARAGE THAT SHE WOULD LIKE TO RENT OUT. THE PLANNING STAFF HAS REVIEWED THE PETITION AND WE DON'T HAVE ANY MAJOR CONCERNS SO WE DO RECOMMEND CONSIDERATION AND WE DID ALSO CONTACT CODE ENFORCEMENT ABOUT THE UNIT AND THE PROPERTY AND THEY SAY THEY DID RECEIVE A COMPLAINT BUT IT WAS MORE KIND OF A FACT-FINDING THAT SOMEBODY THOUGHT THEY WERE RENTING OUT SHORT-TERM. BUT THERE WAS NOTHING ON ANY OF THE RENTAL PLATFORMS . SO, PLANNING STAFF DOES RECOMMEND CONSIDERATION OF THE PETITION AND IF APPROVED IT IS VALID FOR ONE YEAR.

>> THANK YOU. I DID CALL THE OFFICE EARLIER AND VERIFIED THERE WAS NOT A NEGATIVE REPORT. IT WAS MORE OF JUST -- I THINK THIS IS BEING RENTED OUT SO JUST A NOTIFICATION, WHICH IS FINE. THE PETITIONER WAS NOTIFIED AND SHE PUT TOGETHER WHAT SHE NEEDED TO. SO, I WILL GRANT THIS SPECIAL USE -- SPECIAL EXCEPTION. I WAS LOOKING FOR THE RIGHT WORD. AND THE ADOPTION OF THE FINDINGS OF FACT AND AGAIN, IT IS VALID FOR ONE YEAR AND THEN YOU WILL NEED TO COME BACK FOR FURTHER APPROVAL AND WE WILL LOOK AT IF THERE HAS BEEN ANY COMPLAINTS OR PROBLEMS. THANK YOU. NUMBER THREE, DOCKET NUMBER PZ 2024

[D. (V) Pegues Pool Setback Variance.]

00119. >> I AM STEPHANIE MIRUS AND I REPRESENT THE PETITIONER AND THEY ARE SEEKING A RENEWAL OF THEIR SHORT-TERM RESIDENTIAL EXCEPTION. OVER THE PAST YEAR THEY HAVE RENTED OUT THE SECOND FLOOR OF THE RESIDENCE. WITHIN THE CONFINES OF THE EXCEPTION AND THEY HAVE NOT RECEIVED COMPLAINTS OR ISSUES. BY THE POLICE, CODE ENFORCEMENT OR THE NEIGHBORS SO THEY WOULD ASK THAT THAT THERE RENTAL EXCEPTION BE CONTINUED. THE ADDRESS IS 2918 EAST SMOKY ROW

AND IS ZONED R1 RESIDENTIAL. >> IS THERE ANYONE HERE TO SPEAK AGAINST THIS? ANYONE FOR?

>> THIS IS A RENEWAL REQUEST AND I CAN SAY THAT THERE HAVE AND NO COMPLAINTS ON THIS PROPERTY OVER THE LAST YEAR AND PLANNING STAFF DOES RECOMMEND APPROVAL.

>> THANK YOU. GIVEN THAT THERE ARE NO ISSUES I WILL GRANT THIS

FOR ANOTHER YEAR. THANK YOU. >> I ALMOST FORGOT, THE PICNIC -- THE PETITIONER FINDING OF FACT.

>> OKAY. YOU ARE GOING TO HAVE TO TELL ME HOW TO SAY YOUR

[D. (V) Encore on Penn, Sign Variance. ]

[00:10:06]

>> MY NAME IS ERIC PEGUES AND WE ARE PETITIONING FOR AN ENCROACHMENT AND WE ARE TRYING TO INSTALL A SWIMMING POOL IN OUR BACK HERE SO 15 FEET PLUS 3 FEET. THE 18 FEET PUSHED THE SWIMMING POOL CLOSER TO THE HOUSE AND WE ARE TRYING TO PUSH IT OUT. THE ADDRESS IS 14406 MARSDALE PLACE .

>> WE LIVE ON A CORNER LOT SO OUR LOT IS AN IRREGULAR SHAPED LOT AND THAT IS WHY WE ARE ENCROACHING ON THE EASEMENT. IT IS A FIBERGLASS SWIMMING POOL AND WE HAVE NOTIFIED ALL OF OUR NEIGHBORS AND THEY ALL WANT TO COME OVER AND SWIM. NOBODY HAS

ANY OBJECTIONS. >> OKAY. THANK YOU. IS THERE ANYONE HERE TO SPEAK IN FAVOR OF THE PETITION? ANYONE AGAINST? OKAY. THE DEPARTMENT REPORT.

>> TO ADD ON, THE DID RECEIVE APPROVAL FROM THE HOMEOWNER ASSOCIATION AND THE PETITIONER HAS FILED CONSENT TO ENCROACH REQUEST WITH THE CARMEL BOARD OF PUBLIC SAFETY. SO WE DO

RECOMMEND APPROVAL . >> AND JUST A CLARIFICATION, WHAT KIND OF EASEMENT ARE WE TALKING ABOUT?

>> THE EASEMENT IS A DRAINAGE AND UTILITY EASEMENT, 15 FOOT

WIDE. >> THANK YOU.

>> I INITIALLY WAS CONCERNED ABOUT THAT BUT GIVEN THAT IT NEEDED TO BE APPROVED BY LOTS OF DIFFERENT BODIES BUT AS LONG AS, I AM WILLING TO GRANTED BUT ON THE CONDITION, AS ANGIE JUST STATED, PERMISSION FROM THE CITY ENGINEER AND, THE CARMEL BOARD OF PUBLIC WORKS AND THE HAMILTON COUNTY DRAINAGE BOARD . I ALSO WANTED TO SAY IN THE HOMEOWNERS ASSOCIATION APPROVAL, IT DOES SAY NOT ONLY ON PERMISSION OF THE CITY ENGINEER BUT THE PLANTINGS BE INSTALLED WITHIN TWO WEEKS OF THE COMPLETION OF THE SWIMMING POOL. I WANTED TO MAKE SURE YOU HAVE THAT ON YOUR RADAR. OKAY. IT IS APPROVED. THANK YOU.

[D. (V) Paiz Residence, Building Addition Variance. ]

>> NUMBER FIVE, DOCKET NUMBER PZ-2024-00125 V , A SIGN VERI

NUTS FOR -- VARIANCE . >> HELLO. MY NAME IS MARK ZUKERMAN AND WE OWN THE BUILDING AT 12411 PENNSYLVANIA STREET. WE HAVE HAD A PLETHORA OF VARIANCES WE HAVE BEEN THROUGH INCLUDING WHERE WE LOCATED THE SIGNS ON THE BUILDING. AT THAT TIME WE HAD THREE SIGNS ON THE WEST FACING SIDE OF THE BUILDIN. THAT FACED OVERT -- BEFORE IT WAS TORN DOWN. NOW, THE NEW BUILDING, IT FRONTS DIRECTLY TO OUR BUILDING AND IT IS AN EIGHT STORY PARKING GARAGE FOR REPUBLIC AIRLINES SO, WE ARE ASKING TO CHANGE A SIGN LOCATION. WE WANT TO MOVE ONE OF THE WEST FACING SIGNS TO A CY ARE NOT VISIBLE. I THINK ORIGINALLY, HAD THAT HOLDING BEEN THERE IT WOULD HAVE BEEN FACING THE ORIGINAL PACKAGE TO THE SOUTH BUT BETTER FACING SIGNAGE WAS OUT TO 31 SO OUR REQUEST IS TO JUST MOVE A WEST FACING LINE -- SIGN THAT WAS APPROVED BEFORE TO A WEST FACING SIGN NOW.

>> THANK YOU. IS ANYONE HERE TO SPEAK IN FAVOR OF THIS PETITION. HOW ABOUT AGAINST? OKAY. DEPARTMENT REPORT,

PLEASE. >> AS THE PETITIONERS STATED THEY WOULD LIKE TO YOU MOVE THE SIGN THAT IS FACING WEST AND MOVE IT SOUTH FROM THE SIGN ORDINANCE , THE ROUNDABOUT IS CONSIERED A STREET INTERSECTION SO, THAT IS WHY THE BUILDING VARIANCE IS NEEDED IN THIS INSTANCE BUT POT

[00:15:05]

>> THANK YOU. JUST A QUICK QUESTION TO VERIFY. YOU ARE NOT ADDING SIGNS. YOU ARE JUST MOVING A SIGN FROM THE WEST TO

THE SOUTH. >> CORRECT. IN THE WEST FACING SIGN THAT WE ARE MOVING, IT WOULD NO LONGER BE AN APPROVED SIGN LOCATION. THE TOTAL NUMBER OF SIGNS IS NOT CHANGING.

>> I DROVE BY THERE AND YOU HAVE A VERY NICE VIEW.

>> YES. THAT WAS DONE BY ONE OF OUR FAVORITE ARTISTS.

>> I WILL GRANT APPROVAL OF THIS VARIANCE WITH ADOPTION OF THE FINDINGS OF FACT SUBMITTED BY THE PETITIONER.

>> THANK YOU.

[D. (V) Everwise Credit Union Drive-Thru Variance.]

>> NUMBER SIX, DOCKET NUMBER PZ-2024-00126 V , LOUIS AND REBECCA PAIZ RESIDENTS BUILDING ADDITION VARIANCE.

>> I AM REBECCA AND THIS IS MY HUSBAND.

>> WE ARE REQUESTING A SETBACK VARIANCE. CURRENTLY, HOURS SETBACK RESIDENCE IS 35 FEET AND WE ARE REQUESTING 25 FEET AND THE REASON WE ARE REQUESTING THAT IS FOR AN

ADDITION TO THE HOME. >> FOR MY MOM. MY MOM HAS BEEN LIVING WITH US FOR A LITTLE OVER -- ABOUT ONE YEAR AND A HALF SINCE THE PASSING OF MY FATHER . BEFORE MY DAD PASSED SHE LOST HER HOME SO THAT WAS ALL AT ONCE AND SHE HAS BEEN LIVING WITH US. REALLY IN THE SMALLEST ROOM WE HAVE IN OUR HOUSE AND WE WANT TO PUT AN ADDITION ON SAID THAT SHE CAN MOVE FORWARD AND HAVE MORE HEALING AND FEEL SETTLED.

>> OUR HOUSE IS A REGULAR SHAPED. WE ARE ON A CORNER LOTS AND WE ARE REALLY ADDING TO THE SIDE OF THE HOUSE. NOT THE

FRONT. >> OKAY. THANK YOU. IS THERE ANYONE HERE TO SPEAK IN SUPPORT OF THIS PETITION? YOU HAVE YOUR OWN CHEERING CROWD. ANYONE TO SPEAK AGAINST THE PETITION?

OKAY. DEPARTMENT REPORT. >> THE PETITIONER STATED THEY ARE ON A CORNER LOT AND THEY HAVE TWO FRONT YARDS. THE BACK PART OF THE LOT IS ENCUMBERED BY A 75 FOOT WIDE GAS -- AND THAT PROHIBITS WHERE THEY CAN PLACE AN ADDITION. PLANNING STAFF IT DOES RECOMMEND POSITIVE CONSIDERATION OF THIS

VARIANCE REQUEST. >> I DROVE BY THERE TODAY. ALL OF THAT MAKES SENSE. WHENEVER YOU HAVE, THE SIDE IS ON THE STREET AND THE FRONT IS ON THE STREET, A VARIANCE IS COMMON. I WILL GRANT THE VARIANCE WITH ADOPTION OF THE FINDINGS OF FACT PRESENTED BY THE PETITIONER. THANK YOU. ENJOY YOUR NEW SPACE.

OKAY. NUMBER EIGHT, DOCKET NUMBER PZ-2024-00129 V. PUDHOTA

[D. (V) Pudhota Residence, Sunroom Addition Variance. ]

>> HELLO. OUR VARIANCE IS FOR LOT COVERAGE SO OUR HOME SITS ON A LOT, OUR DRIVEWAY AND HOUSE , IT IS ALREADY AT 35% SO WE ARE PLANNING TO ADD A SUNROOM TO THE BACK OF THE HOUSE AND THAT PUTS US AT 39% SO IT IS BEHIND THE HOUSE. WE HAVE A LEAK OF YOU AND WE JUST WANT TO BUILD IT SO THAT WE CAN ENJOY THE LAKE. THAT IS THE REASON.

>> OKAY. IS THERE ANYONE HERE TO SPEAK IN FAVOR OF THIS

[00:20:02]

>> THIS IS A VARIANCE REQUEST FOR A 4% INCREASE AND WE DID CHECK WITH THE ENGINEERING DEPARTMENT AND THEY DO NOT HAVE A CONCERN WITH THE SLIGHT INCREASE IN LOT SIZE. THEY PLAN TO DO SOME GRADING IN THE BACKYARD SO WE ASK THAT THEY WORK WITH ENGINEERING ON THAT SINCE THERE IS A DREAMING EASEMENT. OTHER THAN THAT WE DO RECOMMEND POSITIVE

CONSIDERATION OF THE REQUEST. >> DO YOU HAVE WHAT YOU NEED TO WORK WITH AS FAR AS ENGINEERING?

>> WE DID SEND A DRAFT OF WHAT WE PLAN TO DO AND THOMAS IS OKAY WITH THAT. I DON'T KNOW WHAT ELSE IS NEEDED FROM THE

ENGINEERING SIDE. >> SO, WHEN IT COMES TIME TO CONSTRUCT IT, MAKE SURE THE GRADING IS RIGHT.

>> KEEP WORKING WITH JOHN THOMAS ON THAT AND FORWARD US ANY FINAL EMAIL THAT APPROVES IT.

>> GIVEN THAT IT IS SUCH A SMALL INCREASE AND THERE ARE NOT CONCERNS FROM THE ENGINEERING DEPARTMENT I WILL GRANT THIS VARIANCE WITH THE ADOPTION OF THE FINDINGS OF FACT SUBMITTED BY THE PETITIONER.

>> THANK YOU. >> IS THERE ANY OTHER BUSINESS?

>> NO.

* This transcript was compiled from uncorrected Closed Captioning.