Plan Commission - Regular Meeting

I felt faint. Can't see anything here. Good evening. It is 6 PM October 1st, 2025. Time to call the uh Board of Zoning Appeals, Franklin, Indiana to order. First up, we will do a roll call. Uh Mr. Actton, present. Mr. Kempky here. Mr. Gr here. Mr. Nally here, and Mr. Carson also present. We have a quorum. Also with us we have Alex Ketchel, senior planner, and we have uh Joanna Tennel, planning director, as well as Rachel Thompson, recording secretary. Uh minutes from last time. Do we have a motion to approve the minutes? We we should not because we don't have minutes prepared yet actually, Mr. Chairman. Uh that and that is my fault. Uh I did not complete those. If you recall our last meeting, we actually didn't have a recording secretary. We do now. Um, and I did not did not complete those myself, nor did I direct Rachel to do those. So, those are not complete at this point, but we will have them for the next meeting. So, I do apologize. All right. Uh, no minutes for this time. At this time, we will do a swearing in for anybody who wishes to uh speak either for or against the motion before the board tonight. Uh, so, anybody who would like to be sworn in and speak to us tonight, please stand. I forgot my sheet.

Raise your right hand. Everything today you're going to present is accurate and um official. And Alex, do you remember the rest of that? Um do you swear to tell the truth, the whole truth? Love got the truth. So help you God. Yes. You're sworn in. Appreciate that. I failed at my legal counsel. Duties already. Any old business? No old business. Okay, new business. Then we have ZB25-5. a special uh exemption and a variance for Joshua Prime. Was this presented in a timely manner? Yes, sir. It was. Okay. Introduce us to ZB25-5, please. Sir, let's pull up here. So, ZB25-5 is a special exception and developmental standards variance request by Joshua Prime at 1045 East King Street. Uh the subject property is um on the south side of East King Street uh between Forts Scythe and Middleton Drive. Uh we have a couple aerial photography here if we want to come back to these at some point. U the property is approximately 1 acre in size. Um petitioner is proposing uh a significant home remodel and expansion uh remodel of the kitchen or the existing singlecar garage into kitchen space. um an addition of a threecar garage and then also an accessory dwelling unit is proposed. Um so uh like I mentioned from a single car to threecar garage and then additionally there would be a covered um camper or RV trailer storage at the back. Um he's also proposing for an an attached accessory dwelling unit. Um the zoning ordinance uh requires for accessory dwelling units to be uh either attached

to the primary structure or the primary residence um or they would have to be on the second floor of a detached structure. So in this case they're actually proposing one to be attached to the primary dwelling. Uh the proposed dwelling uh does meet the definition of an accessory dwelling in our zoning ordinance. Uh it would have private entries um both from its own front porch, if you will. It's kind of located toward the side of the structure, but it in effect is its own front porch. Uh from the garage itself would have a private entry. Um and then actually a back door as well. Um would have kitchen and dining space, uh laundry room, um and pantry room, uh a full and a half bath as well as living space. um and either a onebedroom with a sun room or two bedrooms. Um it does exceed the uh limit of a thousand square feet for an accessory dwelling unit. Um and they are requesting a variance for that. Um in the uh requirements for an accessory dwelling unit, it states that it must be se be a separate and complete secondary dwelling unit that is clearly subordinate to the primary dwelling. So in this case the the um the dwelling unit proposed although it is above the thousand square feet is separate and completely secondary to and clearly subordinate to the primary dwelling on site and we'll see that with the the uh building plans as we move forward here. So um the the actual details of the request uh the special exception use is to allow an accessory dwelling unit in the RSN zoning district and then the developmental standards variance request is to allow an accessory dwelling to exceed 1,000 square ft in living area and to be permitted the 164 square ft. Uh these might be a little difficult to to read on the screens here just because

they're so far away and things are small. Um but it is available in the um on the online agenda. um as exhibit A. Um these plans here are the actual the electrical plan just because it showed some more of detail as to what's actually in the structure and what's proposed. Um so the area that's kind of highlighted in the dark black outline is the area that would be the accessory dwelling unit. Um and the rest of it would be part of the primary structure and part of the primary residence. Um, so the the front of the house is actually on the the bottom of the screen here or facing the bottom of the screen. Um, so in terms of orientation and location on the property, this dwelling unit is clearly separate and and and um subordinate to the uh primary structure. It's in its orientation to the side of the property and not toward the front. So it's not like it's a a two family dwelling or something where they both have frontage. ones off the back. Um, and it is also clearly smaller than the primary structure. Um, as far as the uh decision criteria, uh, since we have a special exception and a development standards uh, variance, I've got the decision criteria that we can reference here uh, when petitioner uh, presents their request for both the special exception and for the development standards variance request. Um otherwise it is ready to be heard. Okay, Mr. Prime, you speak for this item. We are ready for your presentation, sir. And if you would in your presentation, please address the four decision criteria for us. Yes, thank you. Um as presented there, we are planning on building a threecar garage um and an addition there. Uh the

purpose of this is um my mother-in-law um will be moving into this space here where we have determined that uh she does not need to be living alone by herself. U she recently just turned 80 and we've taken some time to kind of evaluate some of the options for her long-term um whether it be an assisted living or something of that nature. and we determined that the best course of actions for her and for us um was to um add on to our our place here um where it is stated I have an acre there so you know we had plenty of space there um the setback on the property lines um there's 20 ft between where the existing house is and to the property lines to the east of me um which is within line with setbacks there. Um and then from the back end of the ADU there um there is approximately 140 ft back to the property line there. So plenty of you know space there and excuse me. Um as you can see it does not extrude anywhere else. Um, and when you look at the plans, you actually don't hardly see the uh addition from the front of the the house there. You'll probably see some of the ridge line of there, but that's about it. Um, most of the property is on the back side of the house anyways. Um the plan is also, you know, um if that time comes when my mother-in-law is no longer with us, um my wife and I may move move some things back into

there or we may even use that for my own parents. Um so there's been those discussions there too. Um so um as far as going through the uh the requirements, right, Joanna? Um so the general welfare um staff has stated the uh approval will not be engenderous uh to the public health and safety and moral of the general for the community. um that I would agree with. Um there is significant parking um as there is today uh with there and with this we are actually creating additional parking with the garage and the drive space there. Um so our cars uh currently kind of park in the front of the property. This would put them more towards the side and the back um and covered there too. Um the second one uh adjacent property the use of and value of the area adjacent to the property included in the variance will not be affected in substantial uh adverse manner. Um I believe was it this one? Yeah. Um the additional space here uh when we designed it with what um the humidity we wanted this is kind of where we came up with that's um and it came out to just over that thousand ft there um which I believe in the document here um states that you know changing that would create um some addition additional difficulty ies in the

structure and changing that plan. I don't think um the three um where am I at? Oh yeah, I think you're working on the practical difficulty part of the various Yeah. Yeah, that's where I was at. I was trying to make sure I was right there. Um yeah, practical difficulty strict application of the terms of the ordinance will result in a practical difficulty in the use of the property. The situation shall not be self-imposed nor based upon perception perceived reduction or restriction or economic gain. Um yeah, this this property here um is just as I stated, it is uh for my mother-in-law to live in and potentially my own parents to live in um down the road there um as a age. Um the way we designed that is in that L shape um to um stay away from the set points on the side of the property and to conform with the way the properties are generally looked down the street there. So then on page four for the special exception there's uh three additional criteria. I missed that one. I hit the three on the wrong page. That's okay. Yes. A Yeah. The special reception. Uh yeah, the comprehensive plan. Is that the one you were referring to? Number two, three, and four. Oh, two, three, four. Standards requirements. I got you there. Um the requirements and development

standards for the requested use as prescribed by the zoning ordinance will or will not be met. Uh so what they're looking for here is for you to provide evidence of how you are going to meet the development standards with the exclusion of the additional variance of 64 square ft. Um I believe that's yeah the way the structure has been designed um has taken in account all those design standards um our um engineering firm looked at those standards and incorporated you know that in their the way they were designed it. Um three ordinance intent granting the special exception will be contrary to the general protest served by the zoning audience and will firmly injure other uh properties and use in the same zoning areas. Um and her staff also finds that um and agree with two of my neighbors to the east of me also have ADUs. um one that is attached to their residence and one that is um attached to a garage that is detached and everything. Um there is um commonality there in that area for ADUs. If I could just real quick interrupt because I accident in my staff report on number three there for ordinance intent. I accidentally had underlined will uh will be contrary to and will be permanently injured and and well it was not my intent. The language of my uh recommendation was that it will not be contrary to the general purposes and will not permanently injure other

property. So I just want to make sure that was on the record that that was uh that was my mistake there. Underlined the wrong part. uh forward comprehensive plan. The granting of the variance will be consistent with the character of the zoning district in which it is located and will be consistent with the Franklin comprehensive plan. Um as stated um the plans are consistent with the 2013 counsel plan um that was approved back then. What else do you need? That's everything. That's it. That's it. Okay. We have any uh one in the audience who would like to speak either for or against uh the petition tonight. Seeing none, we'll go to the board. Do you have questions for the petitioner? No questions. We'll go to staff recommendation. Yes sir. Um as outlined in the staff report, staff is recommending approval uh with the condition of the special exception uh recommending approval of special exception with conditions A through D. Uh those conditions being um special exception approval is for a single accessory dwelling unit and runs with the subject property. be that the accessory dwelling unit living area square footage shall be prohibited beyond 1,000 square feet unless the board approves a development standards variance to exceed 1,000 square ft. Should the board approve such a variance, the conditions of the variance shall stipulate the maximum living area. Um added this one in this time with this kind of specific language to to allow the board to approve the special exception and deny the variance if they so see fit, but not have to deny

both. Um so giving us a little wiggle room there. Um see that a minimum of four off- streetet paved parking spaces are required to be provided on site. Uh petitioner does have that ability uh and will meet that based on the design that they've submitted. Um but the board is required to to stipulate those number of parking spaces for any special exception approval. Um and then D that all applicable federal, state, county, and local permits and approvals are required including but not limited to compliance with all building, fire, and health codes. Um and then if you'd like I can go ahead and give my recommendation for variance. Yes, please. And then for the variance um also recommending approval there with conditions A through C. A being that variance approval is for a single attached accessory dwelling unit on the ground floor of the primary structure not to exceed 1,64 square ft of living area. Um expansions B ex B expansions to the accessory dwelling unit living area square footage shall be prohibited beyond 1,64 square feet and then C the same uh boilerplate all operable federal state county and local permits and approvals are required. Okay. And Mr. Prime do you find that the conditions for the special exception A through D is listed and the conditions for the development standards variance A through C as listed to be acceptable and agree to them? I do. Thank you. So, we will handle this uh I think with two votes then. Uh first, I'll entertain a motion for this uh first item which will be the special exception. I recommend that we approve the special exception for Josh. Second conditions under with the current conditions. Second. Okay, I have a motion and a second. Uh, we'll vote by list. Mr. Actton, yes. Mr. Kempky, yes.

Mr. Gruth, yes. Mr. Nally, yes. And the chair votes yes. Moving on, we go to the variance. Is there a motion before the board? Make a motion to uh approve the developmental standards varian. on the standard variation with the staff recommendations. Second motion by Mr. Nail and a second by Mr. Gruce. And we will vote again by list. Mr. Actton, yes. Mr. Kempky, yes. Mr. Gr, yes. Mr. Nally, yes. And chair votes yes. Congratulations. Any other business? Mr. Gel? No, sir. No other business. Okay, I'll entertain a motion to adjurnn. Second. All in favor? I. All oppose stay. Got to carry on Jim's tradition. How will they do the spaces with him? He chooses it or we make sure that they're included. All right. We need $4,900 now. We need that 4,900. Swearing.