Board of Zoning Appeals - Regular Meeting

more like one second. Uh, pledge of allegiance to the flag of America for all.

Yes. Uh, Mr. Bass. Next is it will need to be unanimous. Um if it is not unanimous.

Okay. Um item three here is the approval of previous minutes and um I uh in reviewing what was emailed to us actually had a a couple of concerns and questions that I actually like to go back and review it. I didn't have full time to review it in its entirety. Um there was one clerical on there with regard to a vote on the second item and I think there was a couple things. So I I want to I'd like to make a motion to table um the approval of the amendments. I'll second that motion. Okay. All those in favor I

I unanous. Um so first uh first item up here we have um let's see uh it's B82518. Um you're a petitioner. Yeah. Okay. Uh would you like to um step to the podium and present what you're looking for?

Prepared a little statement. try to make everything clear to everybody and have bif focals so u good evening members of board and attendees. Uh my name is Mark Albert. I'm the property owner at 10418 East 116th Street here in Fischers. I'm here to request a variance to reduce the westside property line setback to 4 feet to accommodate a proposed garage addition. Um, the project involves extending my current detached garage by 64 ft to the south. This will include three overhead doors, 1 ft traffic door, and will match the construction and appearance of the existing structure. It's currently 24 by 36 with a 7 by8 door and a man. Um, the need for this variance arises from the placement of the original structure, which predates my ownership. that was put up by the Burks, which were several homeowners ago. Um, the existing garage sits at a slight angle to the west property line to be parallel to the west wall of the house. Uh, to extend the garage in a way that's structurally sound, linear, and aesthetically consistent with the existing building, I must follow the existing building line. This projection pushes the new southacing corner into the setback area. Uh it's a singlestory uh 13 ft at the peak of the roof about 9 foot at the eve and I'm requesting that that be let back to 4 feet. It's closer to five but in the event that I did ease troughs or anything I don't want to infringe on the neighbors. I have explored attempting to build strictly within the current setbacks but this presents significant practical difficulties. Shifting the addition east to avoid the setback would result in a disjointed zigzag footprint. This would create an irregular roof line and a wedge of unusable internal floor space compromising the utility of the

building. A compliant footprint would misalign the southern door opening with the existing driveway apron to the house. Basically would put the building south end in where the driveway is currently. Do you have an aerial of that that can be put up on the on the TV? Because I know that we saw it in what was emailed, but just as you're speaking and talking through this uh be.

Okay. So, the existing structure is in the gray. This is off of the GIS overlay. I tried to do the Google Maps, but it's not entirely up to date. Um, so the house structure, the homestead is currently the misshapen one in the center. The back is a covered picnic area and then the detached garage that I'm looking to add on to. The red would be the addition in the blue and that is to scale based off of the ruler available on the GIS between the house and the front building is currently a grove of trees mature and then where the building actually sits now there are two trees. One needs to come down because it's interfering with the floor in the current detached garage. It's starting to buckle the concrete in it. The other one is nature is starting to delimmit and it's so close to the property line that that needs to come out so that it removes me from liability should anything occur within the neighbors. Um, at the garage out front, apron had 11 Brford pairs, which I have spent every weekend this summer cutting down and chopping up into firewood. Um, because they they're a terrible nuisance and they drop leaves late and it causes a bunch of grief for me and the neighbors having to clean up constantly. Sometimes it's February before they even drop their leaves. So, I've gotten rid of all of those and my plan is to replace those with evergreens, which are a little easier maintenance. So, this this would be looking in from the lots adjacent to mine, uh, which would be the Lormans and the Dows with an 8ft door on the south end, which would accommodate, uh, my truck. The '05 that I have has

lived outside the entirety I've lived there and is starting to look like it came off the Lucatanium. I have since bought a newer truck. Uh, and I really need to get garage protection for it. The house garage is two separate 7 by8 doors and they neither one will accommodate the truck. Um, ceiling's very low in it with the garage door openers in the center. I don't even have the height, let alone the mirrors to get it in and out of the house garage. I own several older collector vehicles uh which are currently gared on the property and because they're mostly jammed up in the front building, I really don't have drive access to them. If I want to get one, I got to move five. So, this is kind of in lie of trying to put a 16T door on the front side of the house and turn it into usable space. With the expense of that, I can pay for the materials from an ARS for this kit. without having to alter the house. Um, another consideration that's important to me is shifting shifting the project east because the Grove of Trees exists between the front building and the house. It shields my property from a lot of the noise on 116th Street. Um, it's also a good kind of security barrier and I being mature trees, I really don't want to alter that. Um, so I'd like to preserve the natural screening that it provides. Uh, as far as neighbor impact, I've discussed the plan with the two neighbors whose lots directly coincide with the the addition, and that's the the Mormons and the Dows, and neither has voiced any objection or concern to what I've proposed. um everybody gets along very well. So in summary, this variance allows for a logical continuation of an existing structure, preserves my mature trees,

and does not negatively impact neighboring property values or views. Thanks for your time and consideration. I take any questions that you have. Okay. Thank you. Thank you. Um, I think we'll have a staff presentation. Is that correct? We'll have staff presentation tonight. You will have a staff present. Okay. I was just reading what was on a note here. Grace, please.

Um, good evening. Grace Wy, planner for the city of Fisers. The item before you today is a request for a development standards variance from section 6.2.2. C.2. 2 of the city's unified development ordinance to allow an accessory structure setback of 4 ft. 10418 East 116th Street is located off of 116th Street between Cumberland Road and Hooser Road. It is zoned R2 and is surrounded by residential uses. The Fischer 2040 plan identifies this area as a state residential. The variance request aligns with the comprehensive plan. Property is zoned R2 single family residential and regulated by the city's UDO. Surrounding area as shown here is zoned residential. The north and south are zoned PUDR residential. The west is zoned zoned R3 residential and the east is zoned R2 residential. Fischer's 2040 comprehensive plan designates the site as a state residential. Purpose of a state residential is to include single family residential at less than one dwelling unit per acre. The proposed site plan and elevations are shown here. The red rectangle indicates the location of the proposed garage edition. The proposed location is 4 ft from the western property line. No public comments have been received. Staff has no recommendation to the Fall Creek Board of Zoning Appeals for this request. Should the board approve this petition, staff recommends it is done with the following condition. The approval letter and related documentation be recorded on the property of the Hamilton County Reporters Office. Staff is available for questions. He's having questions that the neighborhood adjacent. What is the sideyard setback? Those are required

to have is it like 10 feet or something like that? Wait just a second. Um they are required to have a 10 foot setback for if they have a front loaded garage and a 5ft setback if they have a side loaded or rear load garage. Most not all those homes. just as a note are at least two stories. Their accessory structure setback would be the same as it would be. So those setbacks there are for the primary structure. And you were saying uh cuz you're adding on to an existing Yeah. building, right?

And to put it on the rear the north side of that trees you have to plus I don't have driveway access. I've got a maple that I can't put my arms around that's between directly between the house and that garage. Yeah. And I know you you said the uh the neighbors are are fine with it. So there's been and the reason I asked that is that typically um what we have seen presented uh and and even at times recommended by this board has been some type of landscaping in between something like that the property line. Yeah. And and I've already planted our providers behind the current garage. I plan on titting that line up.

Okay. So you do have plans for some type of Okay. That's really the only question I had. That area originally was a really overgrown bunch of H's, two Bradford pears, several other really scrubbed trees and like I don't know like creeping vine and some stuff that black spikes on a green roof all over everything. Now, I don't know if the Burks put it in cuz originally this was the Siberian Husky Association of Indiana

when the Burks lived there that built the original home. There was a it's not railroad tied, but kind of a round post rough fence along that entire property line. Behind all that wood still had barb wire. I have since removed all of that. So, I cleaned that entire area up. Right now, it is grass and two trees. And again, the trees, one of them's causing a problem with the garage floor, and the other one I literally while I was working on the Bradford pairs, I've got kind of a bad back, so I take it as I could go. Well, put the saw up, got done on a Saturday about 3 in the afternoon, started raining, good timing, and then crash right across the driveway.

So, light the saw back up, get a jacket on, go out, clear all the driveway off, and I don't want any of those ending up in in the doubt's yard. Sure. So that I have to rent a lift and that's going to be the spring. This whole deal has kind of been pushed back to the end of the year with me making preparations for it. That's why we're here in November. Bradford's question. Any questions? Chris, um would you be okay with a a sunset clause? like if something were to happen, you have like a two-year window or something of that nature.

We we've had previous issues where we've given variance to um accessory structure and then it was never completed or that kind of sits with the land and it's kind of this opened. If you want to if you want to make the time table on it, do your timetable, that's fine. I'm in the process. I've contacted one that's one thing I wanted to ask about on the uh building permit online deal where I initially submitted the permit for the structure. All you guys are set up with pull down menus on contractors and everything which is why I originally submitted it as a homeowner bill. I have contacted one contractor who he did the roof on my that same house. Uh

probably would have been 18 19 somewhere in there. still an active contractor, but he's a snowbird, so he goes to Florida during the winters. And he's already told me that this would be a spring build based on the November deal. They wouldn't get it in closed. I couldn't add him. Staff can do that. We can address the applicant. Okay. Because it shows the permit from the roof. So, I'm assuming the information is somewhere in the database. I just We can We can do that. Fine. And I may not elect to go with him depending on how it turns out. But if you were to choose someone and or change someone in the process, we can address that. Okay. Thank you.

Yeah, I have no problem with that. I'm my plan is to move forward. I'm not getting any younger. Sure. Uh, anyone would like to make a motion then? Well, I'll make a motion uh to uh um Yeah, you got at least open for public hearing.

Oh, thank you. I'm sorry. Yes. Yeah. Uh I guess we will we'll now open it for a public hearing. Seeing none, uh we will now close this public hearing. Okay. Now, now would anyone like to make a motion? I'd like to make a motion to approve of BA25 uh 18 with uh the addition of the approval letter and related document documentation being recorded on the property of network county recorders office and with an uh sunset clause of the building or structure being built within two year time frames. Uh there second. Yes sir.

All those in favor say I. I. Ian say I but I don't I was on my old HLA board. Trust me, you don't want me to join the board. Um as far as you're concerned, you're good. Okay. Yeah. Congratulations. Good luck. Thank you very much. I appreciate that. Thank you for all the help. Yes. Okay. So, um to to your point, new business would be in the election of officers if we want to move forward with that. Um or is that separate than that? We would do that at the next um I would say you do it at the next meeting. Okay, that's fine. Very good. Um any any old business? No business.

Okay. Uh the only staff communication is before you on there. Um you should have already received uh invites um through Outlook. If you have not, um we'll make sure that gets taken care of. These are the scheduled boards um for 2026. Um please let us know if any of those dates don't work for you. Um but that's the only staff communication. We appreciate your work um this year uh for the two meetings we had. Um we did not anticipate having a December meeting. Uh, one question I have is if I were to find um clarifications or corrections on those minutes, I just present those at the next board. Do we email them to you? What

how do you want to present those? Um, and you can approve them with um conditions that these changes be made. Okay. And then Senate can make changes after, but you don't want to have discussions on your minutes outside of the perview of That makes sense. That makes sense. Okay. Um, anything else? No. Is there a motion to adjurnn? I make a motion. Second. Second. We are journed.