Jun 23, 2025 Board of Zoning Appeals Hearing Officer Meeting

[A. Call to Order]

[00:00:08]

>> GOOD EVENING AND WELCOME TO THE CARMEL BOARD OF ZONING APPEALS OFFICER BOARD MEETING FOR JUNE 23RD, 2025. FIRST UP ON THE AGENDA IS LEGAL CONCERNS AND I WILL TURN IT OVER TO DEPARTMENT STAFF AND LEGAL COUNCIL.

>> I'VE NOTHING TO REPORT . >> NOTHING TO REPORT .

>> NOTHING. OKAY, THIS EVENING WE HAVE SIX PUBLIC HEARINGS. IF YOU ARE HERE FOR THE KANE SHORT-TERM RESIDENTIAL RENTAL.

THAT IS RIGHT AFTER THIS MEETING. THE BREWER SHORT-TERM RESIDENTIAL RENTAL DOCKET HAS BEEN MOVED TO THE DCA AND TABLE

[C. (V) Trivedi Pergola Lot Cover Variance.]

ON . YES, RIGHT THERE . >> I AM DESHAWN TRIVEDI, ONE OF THE OWNERS. WE ARE TRYING TO BUILD A PERGOLA IN THE BACKYARD . IT'S A COVERED STRUCTURE AND IN LINE WITH EVERYTHING ELSE IN THE COMMUNITY . WE JUST NEED A LITTLE EXTRA LOT COVERAGE .

>> OKAY, THANK YOU. THIS IS A PUBLIC HEARING. WOULD ANYBODY LIKE TO SPEAK IN FAVOR OF THIS PETITION? ANYBODY IN OPPOSITION ? HEARING NONE, I TURNED OVER TO DEPARTMENT STAFF FOR COMMENTS .

>> THE PETITIONER IS REQUESTING IN A PERCENT INCREASE IN LOT COVERAGE. THE ENGINEERING DEPARTMENT HAS NO MAJOR CONCERNS WITH THIS BUT THEY DID ASK PETITIONER TO CONTACT THE HAMILTON COUNTY SURVEY OR'S OFFICE. THAT WILL REQUIRE A NONENFORCEMENT OF DRAINAGE PENDING APPROVAL. THAT IS A CONDITION OF APPROVAL TONIGHT .

>> QUICK QUESTION, HAVE YOU CONTACTED THE HAMILTON COUNTY

SURVEYOR'S OFFICE . >> YES, IT WILL BE THE JULY 14TH

BOARD MEETING FOR THEM . >> AND I SEE YOU HAVE RECEIVED

HOA APPROVAL FOR THIS . >> YES.

>> I WILL APPROVE THIS CONDITION UPON THE HAMILTON COUNTY

[C. (V) Fruchte Shed Setback Variance.]

>> MIXED UP ON OUR DOCKET IS -- AND , I APOLOGIZE FOR MISPRONOUNCING THE NAME AS WELL. FOR A SET BACK VARIANCE, THE APPLICANT SEEKS A 16 BY 10 SHED ON A CORNER LOT. THIS IS DOCKET PEASY-2025- -- 00190. IT IS SECTION 1902 B. EXCEPTION SETBACK 25 FEET BETWEEN THE PRINCIPAL BUILDING AND SIX FEET BEYOND THE PRINCIPAL BUILDING IS REQUESTED . THE SITE AT 9610 YEARS THE -- DEERFIELD MALL. DEERFIELD SUBDIVISION ONE. IT IS FILED BY THE OWNERS. IF THE PETITIONER IS HERE , CAN THEY PLEASE COME UP AND PRESENT THE PETITION. PLEASE INTRODUCE

YOURSELF. >> YOU SEE THERE IS A BUTTON .

THANK YOU . >> DO I HOLD IT DOWN?

>> APPRECIATE IT . THANK YOU. SO, OUR HOME SITS FACING INWARD TO THE DEERFIELD NEIGHBORHOOD. THE PROPERTY ABUTS 96TH STREET.

BASED ON THE WAY OUR HOME IS ORIENTED AND THE WAY WE HAVE A PRIVACY FENCE ALONG 86TH STREET , IT IS SET UP TO BE OUR

[00:05:02]

>> THANK YOU VERY MUCH. THIS IS A PUBLIC HEARING, WOULD ANYBODY LIKE TO SPEAK IN FAVOR OF THIS PETITION OR IN OPPOSITION?

>> SEE NONE, I TURN IT TO THE STAFF FOR COMMENTS .

>> THE PETITIONER, AS STATED, DOES LIVE ON A CORNER LOT WHICH IS CONSIDERED TO HAVE TWO FRONT YARDS. BUT THE HOA HAS APPROVED THE SHED LOCATION. THERE ARE ALSO SEVERAL EASEMENTS ALONG THE SOUTH PROPERTY LINE BUT THE PETITIONER HAS RECEIVED ENCROACHMENT APPROVALS FOR THOSE. WE DO RECOMMEND POSITIVE CONSIDERATION OF THE VARIANCE REQUEST. THANK YOU .

>> THANK YOU VERY MUCH. LOOKING AT WHAT YOU SUBMITTED IN THE INFO PACKET , YOU CAN SEE THERE ARE NOT MANY OPTIONS AND YOU CURRENTLY HAVE A SHED THERE ANYWAY. I COMPLETELY UNDERSTAND THE REQUEST. SO, I WILL APPROVE THIS ALONG WITH ADOPTING THE FINDINGS OF FACT SO YOU CAN PUT YOUR SHED IN . THANK YOU VERY

MUCH. >> IS JOE HERE? HEY JOE, I WOULD LIKE TO THANK JOE AND ANGIE FOR HELPING ME THROUGH THE PROCESS.

[C. (V) Chapman Lot Cover Variance.]

>> JOE AND ANGIE ARE FABULOUS, SO THANK YOU FOR SAYING THAT .

>> NEXT UP ON OUR AGENDA IS CHAPMAN LOT PEPPER VARIANCE.

THIS IS THE APPLICANT SEEKS THE FOLLOWING DEVELOPMENT STANDARDS APPROVAL FOR THREE SEASONS ROOM. DOCKET PEASY-2025-0013 VARIANCE.

MAXIMUM 35% LOT COVER ALLOWED IN 45% REQUESTED . THE SITE IS LOCATED AT 525 WEST MAIN STREET IN THE JOHNSON SUBDIVISION LOT 3 A. IT IS ZONED R-2. IT IS ON BEHALF OF DAVID AND TRACY CHAPMAN, THE OWNERS. IF THE PETITIONER COULD PLEASE COME UP

HERE AND HAVE YOUR PRESENTATION. >> IF YOU LOOK AT THE BASE OF THE MICROPHONE, THERE IS A BUTTON. THERE YOU GO .

>> ALL RIGHT , HELLO, I'M DAVID CHAPMAN AND THANK YOU FOR HEARING THIS. THE REASON FOR THIS ADDITION IS THE LOT COVERAGE HAS PASSED THE THRESHOLD FOR WHEN THE PARCEL WAS SPLIT PRIOR TO WHEN MY WIFE AND I PURCHASED THE HOME.

WITHOUT THE VARIANCE, THE PROPOSED PROJECT WILL NOT BE ABLE TO MOVE FORWARD . THE ROOM IS PROJECTED TO INCREASE THE PROPERTY VALUE IN THE OVERALL ENJOYMENT OF THE BACKYARD AREA.

IT WILL MATCH THE HOME IN COLOR AND HEIGHT AND THE GABLE WILL BE

NO HIGHER THAN 15 FEET TALL. >> THANK YOU . IS THERE ANYTHING ELSE YOU WOULD LIKE TO ADD OR IS THAT IT?

>> THAT'S IT . >> THANK YOU VERY MUCH. IS THERE ANYONE HERE WOULD LIKE TO SPEAK IN FAVOR OF THIS PETITION ? ANYONE TO SPEAK IN OPPOSITION? SEE NONE, I TURN IT TO

DEPARTMENT STAFF . >> THE PETITIONER REQUESTS A 6% INCREASE IN LOT COVERAGE. THEY HAVE BEEN WORKING WITH THE CARMEL ENGINEERING DEPARTMENT AND WE ASKED THEY CONTINUE TO ADDRESS THEIR REMAINING REVIEW COMMENTS. WITH THAT, WE RECOMMEND POSITIVE CONSIDERATION OF THE REQUEST WITH THE CONDITION OF THE PETITIONER ADDRESSING THE LAST REMAINING COMMENTS IN PROJECT DOCS WHICH IS OUR SOFTWARE.

>> THE LOT COVERAGE YOU ARE REQUESTING IS MINIMAL , THE INCREASE IS MINIMAL AND COMPLETELY UNDERSTANDABLE . ARE

[00:10:04]

>> THE LANDSCAPE DEVELOPMENT FOLKS HAVE BEEN IN CONTACT WITH THEM. WE HAVE NOT SEEN WHAT THE ENGINEERING DEPARTMENT HAS SENT THAT WE ARE GOING TO WORK WITH THEM .

>> I WILL APPROVE THIS CONTINGENT WORKING THROUGH THE REMINDING ITEMS IN PROJECT DOCS. THANK YOU VERY MUCH .

[C. (V) Fehsenfeld Accessory Building Setback Variance.]

>> THANK YOU. >> NEXT UP IS THE ACCESSORY BUILDING SETBACK VARIANCE . THE APPLICANT SEEKS THE FOLLOWING DEVELOPMENT STANDARDS APPROVAL FOR A SMALL OUT HOLDING AT THE ENTRANCE OF THEIR DRIVEWAY . THIS IS DOCKET P0 2025-00 14 VARIANCE. THE MINIMUM 20 FEET BY FIVE FOOT SETBACK BEHIND THE FRONT LINE OF THE PRINCIPAL BUILDING ALLOWED. 830 FEET IN FRONT OF THE PRINCIPAL BUILDING IS REQUESTED . THE 63.99 ACRE SITE IS 4415 WEST 116TH STREET. IT IS NOT LOCATED IN A SUBDIVISION AND IS ZONED S1 RESIDENCE. IT'S IN THE 116TH STREET OVERLAY. FILED BY JENNIFER MILLIKEN ON BEHALF OF THE OWNERS. IF THE PETITIONER COULD COME UP AND MAKE THE PRESENTATION, THANK YOU VERY MUCH. PLEASE INTRODUCE YOURSELF.

>> THANK YOU. I AM JENNIFER MILLIKEN WITH ICE MILLER LLP AND I'M A ZONING SPECIALIST AND I REPRESENT THE OWNERS. AS MENTIONED, THIS IS AN UNUSUAL PARCEL OF APPROXIMATELY 64 ACRES. THE HOME IS AT THE END OF A WINDING DRIVEWAY THAT IS APPROXIMATELY 900 FEET IN LENGTH WHICH IS ABOUT TWO CITY BLOCKS LONG. THEY ARE PROPOSING THE BUILDING TO HAVE PACKAGE DROP OFF PURPOSES. IT IS PROFESSIONALLY DESIGNED TO BLEND IN WITH THE HOME AND THE REALLY DINNING SURROUNDING NEIGHBORHOODS. AND, THERE IS A SMALL SECTION OF DECORATIVE FENCING ASSOCIATED WHICH IS SLIGHTLY INTO THE RIGHT-OF-WAY .

THEY UNDERSTAND THE RIGHT-OF-WAY WORK WOULD REQUIRE THAT TO BE MOVED AND IT WOULD BE AT THEIR EXPENSE. SO, THE SET BACK REQUIREMENT MAKES SENSE IN THE CONTEXT OF THE SUBDIVISION.

BECAUSE OF THE UNIQUE ASPECTS OF THIS PROPERTY, THE VARIANCE WOULD NOT HAVE ANY NEGATIVE IMPACTS ON THE SURROUNDINGS .

>> THANK YOU VERY MUCH. THIS IS A PUBLIC HEARING, IS ANYBODY WHO WOULD LIKE TO SPEAK IN FAVOR OF THIS PETITION? IS THERE ANYBODY WHO WOULD LIKE TO SPEAK IN OPPOSITION. OKAY, WE HAVE TWO PEOPLE WHO WOULD LIKE TO SPEAK IN OPPOSITION. OH, JUST ONE. ALL RIGHT, ONE PERSON. IF YOU COULD COME TO THE MICROPHONE AND PLEASE STATE YOUR NAME AND, I WILL GIVE YOU THREE MINUTES. SO, YOU WILL SEE THE GREEN LIGHT WILL GO ON AND YOU WILL SEE THE RED LIGHT WHEN IT IS TIME TO STOP SPEAKING. PLEASE GO AHEAD .

>> OKAY, THANK YOU FOR LETTING ME COME HERE. MY NAME IS CARLA TERRY AND MY SISTER, KAREN TERRY LIVES ACROSS THE STREET AND MY PARENTS LIVE NEXT DOOR TO HER. WE DON'T UNDERSTAND WHY WE NEED A LITTLE BUILDING TO RECEIVE PACKAGES . WE HAVE A SIMILAR SITUATION AT MY PARENTS' HOUSE WITH A LONG DRIVEWAY. WE GET DELIVERIES FREQUENTLY AS WELL. OUR CONCERNS ARE SAFETY AND SECURITY. WE HAVE HAD -- WE HAVE TOLERATED THE TRUCKS COMING IN OUT OF THE RESIDENTIAL DRIVEWAY TO GO THROUGH TO THE APARTMENT BUILDING COMPLEX . IT HAS CAUSED DAMAGE TO THE TREES AND TO HER MAILBOX THAT KEEPS GETTING KNOCKED OVER . SO, WE ARE CONCERNED, AGAIN ABOUT HAVING MORE TRUCKS COMING UP THE DRIVEWAY KNOCKING DOWN HER MAILBOX AND DISTURBING -- ALSO, THERE IS GOING TO BE NEW SIDEWALKS ACROSS THE STREET . SO THEY WILL HAVE BIG TRUCKS, AGAIN, BACKING OUT. THERE WILL BE BICYCLES AND ALL SORTS OF PEOPLE WALKING . WE ARE CONCERNED ABOUT THE SAFETY AND SECURITY OF THE DENTISTRY ENDS AND OUR WHOLE COMMUNITY . WE ARE CONCERNED ABOUT THE UP KEEP AND WILL IT BE MAINTAINED? THEIR YARD IS NOTHING BUT A WILD -- THERE IS NO MANICURE TO THEIR YARD . EVERYTHING GROWS WILD. IT DOESN'T FITS THE COMMUNITY AT ALL. AND, WE OPPOSE THIS BECAUSE WHY CAN'T THEY ALSO ACCEPT -- THERE IS PACKAGE RECEIVING

[00:15:02]

YARD. >> THANK YOU VERY MUCH.

PETITIONER, WOULD YOU LIKE TO RESPOND?

>> CAN YOU HELP HIM? >> HE IS TRYING TO PUT A PICTURE ON THE SCREEN, IS THERE WAY TO SHOW IT ?

>> OKAY, HE'S WORKING ON IT , THERE YOU GO, THANK YOU .

>> FOR THE RECORD, THE ATTORNEY REPRESENTING THE OWNERS. I WANT TO CLARIFY A COUPLE OF THINGS STATED BY THE MONSTER -- REMONSTRANCE. FIRST OF ALL THE SUGGESTION THE PROPERTY IS NOT MAINTAINED IS ABJECTLY FALSE . THERE ARE 64 ACRES AND A LARGE PORTION OF THE PROPERTY IS FORESTED . AND , IF THAT IS NOT TAKING CARE OF PROPERTY , THEN I SUPPOSE YOU COULD DESCRIBE IT THAT WAY. BUT, THE PROPERTY IS MAINTAINED AS IT IS INTENDED TO BE MAINTAINED BY THE OWNERS. IT IS NOT TAKEN CARE OF BUT WELL TAKEN CARE OF. SECOND, THIS DOES NOT INCREASE TRAFFIC. I DON'T QUITE UNDERSTAND WHY THIS HAS ANYTHING TO DO WITH THE CONSTRUCTION OF APARTMENTS THAT ARE GOING ON ADJACENT TO MICHIGAN ROAD . IT IS HARD FOR ME TO EVEN RESPOND TO THAT. I AM SORRY HER MAILBOX GOT HIT . THAT'S ON 116TH STREET AND NOTHING TO DO WITH OUR THINKING WITH WHAT WE ARE PROPOSING .

FINALLY, THESE ARE DELIVERIES COME TO A 64 ACRE PIECE OF PROPERTY THAT IS HEAVILY WOODED . THERE IS A NUMBER OF ROADS THAT GO BACK TO THE MAIN HOUSE THAT WRAP AROUND THE POND, THAT YOU CAN SEE HERE. THEY GO TO THE OTHER STRUCTURES ON THE SITE .

HAVING BEEN THERE, I CAN TELL YOU , ESPECIALLY IF YOU ARE NOT FAMILIAR WITH IT , YOU CAN GET LOST BECAUSE IT IS TREES ON BOTH SIDES OF THE ROADS. YOU COME TO A FORK, WHICH ONE DO YOU TAKE ? THEY HAVE HAD THOSE TROUBLES AND THEY, LIKE A LOT OF PEOPLE THESE DAYS , DO THINGS LIKE AMAZON . EVERYBODY DOES THOSE THINGS .

INSTEAD OF HAVING PEOPLE COME ON SITE DRIVING AROUND TO DECIDE WHERE THEY NEED TO GO WHICH IS DANGEROUS TO FOLKS ON THE PROPERTY, IT WAS FELT THIS WAS THE SIMPLEST SOLUTION. IT IS VERY SMALL. I MEAN, HOW MANY ACCESSORY STRUCTURES HAVE YOU SEEN WITH A STONE BASE WITH CEDAR SHAKE SHINGLES ? SO, IT WILL BE WELL MAINTAINED. IT WILL ALLOW DROP OFFS, STOP, DROP, GO . THAT IS SAFER THAN SOMEBODY BEING ABLE TO DRIVE ON THE PROPERTY AND GOING INTO THE WOODS. THAT DOES NOT BENEFIT ANYBODY . SO, WE DO NOT UNDERSTAND AND DO NOT BELIEVE THIS CAUSES SAFETY ISSUES FOR ANYONE . IN FACT, IT PROBABLY INCREASES SECURITY FOR THE NEIGHBORHOOD . IT IS NOT GOING TO CAUSE DAMAGE TO ANY PROPERTIES . IT IS DROP AND GO.

THE UNIQUE NATURE OF THIS PROPERTY SUGGESTS THIS IS ACTUALLY A VERY GOOD IDEA AND IT WILL BE WELL MAINTAINED. I WILL BE HAPPY TO ANSWER QUESTIONS YOU MIGHT HAVE .

>> THANK YOU VERY MUCH. I WILL TURN IT OVER TO DEPARTMENT STAFF

FOR COMMENTS NOW . >> THANK YOU. PLANNING STAFF HAS NO CONCERNS WITH THIS VARIANCE REQUEST. THE PETITIONER HAS ADDRESSED ALL COMMENTS AND CONCERNS. WE RECOMMEND POSITIVE CONSIDERATION OF THE VARIANCE WITH ADDRESSING SOME OF THE MINOR REVIEW COMMENTS. ALSO WITH THE ADOPTION OF THE FINDINGS OF

FACT. THANK YOU . >> THANK YOU VERY MUCH .

>> SO, IT IS A VERY ATTRACTIVE BUILDING AND I CAN UNDERSTAND THE REASON YOU ARE DOING THIS . FOR THE PERSON WHO REACHED OUT FOR THE TRAFFIC FROM THE REI , I SUGGEST REACHING OUT TO THE

[00:20:07]

[C.(V) Avant Townhomes Setback Variance.]

>> UP NEXT IS THE TOWNHOME SET VARIANCE. THE APPLICANT SEEKS THE STANDARDS VARIANCE APPROVAL FOR TOWNHOMES. THIS IS PEASY 2025, 00125. SECTION 00 FIVE B. MAXIMUM SETBACK AT 33.1 FEET REQUESTED. THE 0.68 ACRE SITE IS 12 860 FAIRFAX. LOCK THREE CAN-AM A. IT IS ZONED PUD DEVELOPMENT. 587-14 FILED BY AMERICAN STRUCTURE POINT ON BEHALF OF MCKENZIE HOMES, THE OWNER . I WILL TURN IT OVER TO THE PETITIONER TO PRESENT THIS VARIANCE. SIX HELLO, MAHENDRA IS A STRUCTURE POINT REPRESENTING JOHN MCKENZIE. THERE IS A SETBACK AND WE ARE REQUESTING APPROXIMATELY 13 FEET MORE THAN THAT. WE DON'T THINK THIS WILL ADVERSELY IMPACT THE SITE AND IF ANYTHING WE ARE INCREASING SPACE. AT THE END OF CONSTRUCTION , 13 FEET WILL PROBABLY LOOK LIKE THE DISTANCE BETWEEN YOU AND I. WITH THE POUND -- POND ON THE SOUTH SIDE AND THEY USE OF ADJACENT LAND, THIS ADDED GREEN SPACE WILL BENEFIT . WITH THE TECHNICAL CHALLENGES, WE ARE REQUESTING A LARGER SET BACK FOR THE LEFTMOST

BUILDING . >> THANK YOU VERY MUCH. THIS IS A PUBLIC HEARING. IS THERE ANYBODY HERE WOULD LIKE TO SPEAK IN FAVOR OF THIS PETITION.

>> YES, PLEASE COME UP HERE AND STATE YOUR NAME. I WILL GIVE YOU THREE MINUTES AND THE LIGHTS WILL TURN GREEN AND THEN YELLOW WILL TELL YOU WHEN YOU ARE ABOUT READY TO RUN OUT OF TIME AND

READ IS WHEN YOU ARE UP . >> HI, I'M NOT FULLY IN OPPOSITION OF THIS PROPOSITION BUT I DO HAVE CONCERNS WITH THE PRECEDENT OF EXTENDING THE SETBACK OF THE PROPERTY. THE CURRENT COMMUNITY IS TOWNHOMES WITH TIGHT SET BACK. THERE HAVE BEEN SOME STUDIES AND PRECEDENT TO SHOW THAT THE HEIGHT SET BACK INCREASES QUALITY OF LIFE AND INCREASES THE VIBRANCY OF THE PEDESTRIAN ENVIRONMENT . WHEN YOU INCREASE THE SETBACK, YOU LOWER THE QUALITY OF THE PEDESTRIAN ENVIRONMENT AND YOU ALSO INCREASE -- NOT NECESSARILY AUTO DEPENDENCY, BUT THE WELCOME NEST DECREASES FOR THE PEDESTRIAN . AND, YOU CAN FEEL STRANDED WITHOUT A CAR AND ALSO IT CAN FEEL MORE LIKE AN OPEN AND LESS DENSE SPACE. I HAVE CONCERNS THAT THE IMPRESSION OF THE MORE WALKABLE FIELD WILL BE LOST WITH THIS IN A PREVIOUSLY AND CURRENT THE MORE WALKABLE AND LOVELY PLACE TO BE. AND , I AM SURE -- I HAVE A TON OF RESPECT FOR AMERICAN STRUCTURE POINT . I LOVE WHAT THEY DO AND WHAT THEY HAVE DONE FOR THIS CITY AND WITH THE COLLABORATION THEY HAVE . HOWEVER, I HAVE CONCERNS SPECIFICALLY WITH THE EXTENSION OF THE SETBACK IN THIS CASE AND THE IMPACT ON THE COMMUNITY ITSELF .

>> THANK YOU VERY MUCH. WOULD YOU LIKE TO RESPOND ? AND PERHAPS SHARE MORE DETAIL ABOUT THE TECHNICAL CHALLENGES OF THE

SITE? >> SO, I THINK THAT IS AN INTERESTING STUDY . I AM NOT SURE WHAT FACTORS ARE BASED INTO THAT AND CANNOT COMMENT TOO MUCH ON THAT. FOR PEDESTRIAN CONNECT TIVOLI, WE'VE EXTENDED THE EXISTING SIDEWALK TO HAVE FULL ACCESS ACROSS ALWAYS EXCLUDING THE DRIVEWAYS IN THE BACK . I THINK WITH TYPICAL TOWNHOME LAND LAYOUTS, YOU HAVE A RECTANGULAR SHAPE VERSUS THIS BEING ON THE CURVE . IT LOOKS A LITTLE DIFFERENT WITH HOW THE TOWNHOMES ARE SET UP . THE TECHNICAL ISSUE

[00:25:04]

THERE IS NO PHYSICAL ROOM TO MOVE THE BUILDING ANY FURTHER WEST WORDS TO LIMIT THE SET BACK WITHOUT GOING OVER THE EASEMENT . WE DON'T SEE A WAY AROUND THIS AND FEEL THERE IS NO OTHER ENGINEERING SOLUTION WE CAN PROPOSE. WE'VE EXTENDED SIDEWALKS AROUND THE AREA TO MAXIMIZE PEDESTRIAN CONNECTIVITY. I THINK THE GREEN SPACE WHICH WILL BE WELL MAINTAINED WILL BE A NICE FEATURE. WHEN IT COMES TO VEHICLE DEPENDENCY, AS YOU MENTIONED, THE FRONT ALONG GROUND VIEW HAS PARKING SPOTS THAT UNITS CAN ACCESS. I PERSONALLY DO NOT SEE HOW THIS WOULD BE AN ISSUE .

>> THANK YOU VERY MUCH. I WILL TURN IT OVER TO DEPARTMENT STAFF

FOR YOUR COMMENTS . >> THANK YOU. CAN WE GET THE YOUNG PERSON'S NAME WHO SPOKE .

>> YES, CAN YOU PLEASE . >> I APOLOGIZE, JACK FELDMAN, I

AM A CARMEL RESIDENT. >> THANK YOU .

>> PLANNING STAFF IS SUPPORTIVE OF THIS VARIANCE REQUEST. THE PETITIONER CAN MEET THE MINIMUM -- OR THE MAXIMUM SET BACK ALONG FAIRFAX DRIVE WHICH IS THE PRIMARY STREET FRONTAGE. WHAT I CALL THE SECONDARY STREET FRONTAGE ON GRANDVIEW DRIVE TO THE WEST, THAT IS WHERE THE VARIANCE REQUEST IS FOR THE 13 FEET. OTHER THAN THAT , PLANNING STAFF IS SUPPORTIVE AND WE RECOMMEND POSITIVE CONSIDERATION OF THE VARIANCE AS WELL AS ADOPTION OF FINDINGS OF FACT. THANK YOU .

>> THANK YOU VERY MUCH. DID YOU BY CHANCE BRING A PICTURE WITH YOU THAT YOU COULD PUT UP ON THE SCREEN? I APPRECIATE JACK'S COMMENTS ABOUT WANTING A WALKABLE STREETSCAPE . IF YOU COULD PULL IT UP , I WOULD LIKE TO TAKE A LOOK AT IT.

>> SO IT IS STILL PULLED UP VERY CLOSE TO THE STREET. BUT, WITH THE UTILITIES AND THE SANITARY SEWERS, THERE IS NO OTHER OPTION . YOU HAVE THE PARKING LOT BEHIND YOU AND THERE IS NO OTHER

WAY TO SITUATE THIS? >> CORRECT .

>> SO, HAVING THE EXTRA GREEN SPACE WILL MAKE A NICE STREETSCAPE AS WELL AS BEING WALKABLE . SO, I AM IN FAVOR OF THIS AND WILL APPROVE THIS CONDITION UPON FINALIZING ALL OF THE COMMENTS IN PROJECT DOCS AND ADOPTING THE FINDINGS OF FACT AS

[C (V) Rothberger Pool Setback Variance.]

I SEE THE PETITIONER IS UP. IF YOU COULD INTRODUCE YOURSELF .

THE BUTTON WILL BE ON THE BASE, THERE YOU GO, THANK YOU.

>> MY NAME IS JULIE ROTH BURGER AND MY HUSBAND AND I ARE LOOKING TO PUT IN A POOL FOR OUR GRANDCHILDREN . WE HAVE A LARGE MAPLE TREE IN THE BACKYARD WE ARE HOPING TO SAVE AND SO WE HOPE TO WORK AROUND THAT, HENCE WHY WE ARE HERE.

>> THANK YOU VERY MUCH . IS THERE ANYBODY HERE WHO WOULD LIKE TO SPEAK IN FAVOR OF THIS PETITION ? IS THERE ANYBODY HERE WHO WOULD LIKE TO SPEAK IN OPPOSITION ?

>> SEE NONE COME I TURN IT TO THE DEPARTMENT FOR YOUR COMMENTS

. >> THANK YOU. AS THE PETITIONER STATED, THEY ARE TRYING TO SAVE AN EXISTING MATURE TREE IN THE BACKYARD. THE POOL DECKING WELL ENCROACH FOREFEET INTO THE BACKYARD DRAINAGE EASEMENT. IT IS A SMALL CORNER THAT WILL BEING CREATED -- ENCROACHING OF ABOUT 42 SQUARE FEET OF THE POOL DECKING AREA. PLANNING STAFF IS IN SUPPORT OF THIS VARIANCE REQUEST. WE ASK AS PART OF A CONDITION OF APPROVAL THAT THE PETITIONER ADDRESSES THE REMAINING REVIEW COMMENTS IN PROJECT DOCS AND ALSO THE BOARD OF PUBLIC WORKS CONSENT TO

ENCROACH APPROVAL . >> THANK YOU VERY MUCH AND I SEE YOU HAVE RECEIVED HOA APPROVAL FOR THIS AND THE COACHMAN IS SMALL. IF YOU COULD COME BACK UP HERE WILL QUICK. HAVE YOU ALREADY PUT IN A REQUEST FOR THE BOARD OF PUBLIC WORKS?

[00:30:02]

>> YES. >> OKAY .

>> AND YOU ARE FINE WORKING THROUGH THAT PROCESS AS WELL?

>> GOOD . I WILL APPROVE THIS SUBJECT TO THE TWO CONDITIONS OF WORKING OUT THE REST OF THE MINOR COMMENTS IN PROJECT DOCS AND ALSO HAVING W VP APPROVAL AND ADOPTING THE FINDINGS OF FACT. THESE WILL BE UP PROVED FROM THE BZA STANDPOINT . THAT IS THE LAST AGENDA ITEM FOR THE HEARING OFFICER MEETING . A FEW MINUTES AFTER THIS WILL BE THE REGULAR BZA

* This transcript was compiled from uncorrected Closed Captioning.