Planning Commission Meeting

MINUTES OF MEETING INDIAN HILL PLANNING COMMISSION November 20, 2024 The regular meeting of the Indian Hill Planning Commission was held on November 20, 2024 at 7:00 p.m. in Council Chambers of the Village Administration building. Members Present: Richard Wiggers Joseph Rhodenbaugh Rita Stolper Shayne Manning Barrett Tullis Members Absent: None Officials Present: Jonathan West, Assistant City Manager Visitors Present: W. John Albrecht, Jr., 3 Abbey Place Lou Ionna, Suncatcher Corporation Carol Albrecht, 3 Abbey Place Robert Schilling, 6800 Tupelo Lane Rahid & May Kassis, 9080 Hoffman Farm Lane Jeffrey Jakucyk, CCI Design Samuel & Eileen Bloustein, 9045 Spooky Ridge Lane Dan Cotton, CCI Design Don McGraw, Planning Commission alternate Paul Hone, Camden Homes Item Number 1: Minutes and findings from the October 16, 2024 Indian Hill Planning Commission meeting: Mr. Manning made a motion to approve the October 16, 2024 minutes and findings. Mr. Rhodenbaugh seconded, and the motion was approved by a unanimous voice vote. Chairman Wiggers asks for anyone planning to speak this evening to please stand, raise their right hand, and be sworn in prior to presentation of the cases. Item Number 2: Case #24-014: Rahid Kassis is requesting a variance from Section 73.1 to reduce the front yard setback for a garage, second floor, and front portico addition. The subject property contains a non-conforming home located at 9080 Hoffman Farm Lane. Mr. Lou Ionna, with Suncatcher Corporation, comes before the Commission and states that his clients have outgrown their home and need more space. While adding Village of Indian Hill Minutes of Planning Commission Meeting November 20, 2024 Page 2 additional living space, they are also doing updates to improve the curb appeal of the property. Staff Report: Mr. West notes that the property history was listed in the staff report previously distributed to the Commission and available tonight. The subject property is located on the east side of Hoffman Farm Lane in zoning District “C” - one acre minimum. The existing home was built in 1952 and is non-conforming due to not meeting the required front yard setback requirements. The existing home is located 66.5' from the front lot line where a minimum of 75' is required. The applicant is requesting variance approval to construct a second-floor addition setback 66.5' from the front lot line, an attached garage 67.9' from the front lot line, and a front portico addition 65.1' from the front lot line where a minimum of 75' is required per Section 73.1 of the Indian Hill Zoning Ordinance. The second floor and garage additions do not worsen the existing non-conforming front yard setback of 66.5'. Section 57.222 Porticos states “in cases of porticos being attached to existing structures, …, the portico may extend into the required yard no more than five (5) feet.” The proposed portico extends 1.4' beyond the existing non-conforming front yard setback of 66.5'. The variance application is based on exceptional practical difficulty created by the existing non-conforming home. Mr. West notes that the four variance review criteria were listed in the staff report previously distributed to the Planning Commission and available this evening. Staff posted the legal notice in the paper and by direct mail prior to the hearing. Staff was contacted by several adjacent property owners who requested copies of the plans. Two of the property owners did not have any concerns or comments. One adjacent property owner had concerns and stated they would attend the meeting to voice those concerns. Mrs. Eileen Bloustein, residing at 9045 Spooky Ridge Lane, comes before the Commission to voice her opposition to the requested variance. Mrs. Bloustein has concerns regarding how the proposed construction will affect the character of the neighborhood as well as property values. She feels height restrictions, setback requirements, and all zoning regulations should be enforced. Mrs. Bloustein also objects to the improvements being in violation of the recorded covenants. The Planning Commission advises Mrs. Bloustein that they do not have authority over private covenants and restrictions. Village of Indian Hill Minutes of Planning Commission Meeting November 20, 2024 Page 3 Mr. Rahid Kassis, at 9080 Hoffman Farm Lane, notes that in regards to elevation, the house next door to them is a two-story house so they would not be the only two-story house on Hoffman Farm Lane. He adds that the existing house is very small for his family. They would just like to add living space to make the home more comfortable, while also adding value to their home and the neighborhood. Mrs. Stolper notes that the Planning Commission can only rule in regards to regulations covered by the Indian Hill Zoning Ordinance; the Commission does not rule on private covenants between homeowners or on anything regarding deeds. After brief discussion, Mr. Rhodenbaugh made a motion to approve the requested variance. Mr. Tullis seconded, and the motion was approved by a unanimous roll call vote. Item Number 3: Case #24-015: Cardinal Engineering, on behalf of John and Carol Albrecht, is requesting a resource protection area swap to accommodate the relocation of the septic tanks and septic drain lines. The subject property is located at 3 Abbey Place, Lot 2 of Abbey Place Subdivision. Mr. John Albrecht, of 3 Abbey Place, comes before the Commission and states that they are requesting the resource protection area swap after exploring all other options for accommodating the septic tanks and septic drain lines. Staff Report: Mr. West explains that the request is to relocate 4,757 SF of existing resource protection area (Young Canopy Forest) for 6,214 SF (Young Canopy Forest) to accommodate the location of the septic tanks and leach field drain lines for a new single-family residence. After the sewer line was run out of the home, it was determined that the sewer line was deeper than the proposed tank location. All other options were first explored, including placing a grinder pump 15' below grade to pump the sewage to the septic tanks. Due to the depth and confined space, it was determined that moving the tanks to a lower elevation was a better option. After reviewing the location for the new tanks, it was determined that no trees would need to be removed. The leach field drain lines should only impact one 8" maple tree. The proposal provides more area and more trees than the vacated area. HCPH has approved the new tank location and drain lines. Staff notified the adjacent property owners and have not been contacted. Staff notes that the Planning Commission has been favorable to resource protection area swap requests when: 1. The Village ends up with more resource protection area; and Village of Indian Hill Minutes of Planning Commission Meeting November 20, 2024 Page 4 2. The Village receives higher quality resources protected. Mr. Manning made a motion to approve the request. Mrs. Stolper seconded, and the motion was approved by a unanimous roll call vote with all in favor of approval. Item Number 4: Case #24-016: Jeffrey Jakucyk, on behalf of Carl and Abigail Tuke, is requesting a variance from Section 63.1 to reduce the front yard setback for an addition to the rear of the home. The subject property contains a non-conforming home on a non-conforming lot located at 8590 Given Road. Mr. Jeffrey Jakucyk, with CCI Design, comments that this lot is about as non-conforming as it gets with the existing house sitting completely within the front yard setback. The owners would like to build an addition onto the rear of the house which would not worsen the current non-conforming condition. Staff Report: Mr. West states that the subject property is located on the east side of Given Road at Pipewell Lane in zoning District “A” – five acre minimum. The lot is non- conforming due to the lot area being 1.00 acre where a minimum of 5.0 acres is required and due to having a lot width/frontage of 165' where a 250' minimum is required. The existing home, built in 1866, is non-conforming due to not meeting the required front yard setback requirement. The existing home is located 46.6' from the front yard (right-of-way line) where a 100' minimum is required. The entire home sits in front of the minimum 100' front yard setback. The applicant is requesting variance approval to construct a one-story addition, side porch off of the new addition, grill stoop behind the addition and patio area to the rear of the home, which is 77.5' from the front lot line. Because the entire home is located in front of the 100' minimum front yard setback, the improvements to the rear of the home require a variance to the front yard setback per Section 63.1 of the Indian Hill Zoning Ordinance. The proposed addition and improvements do not worsen the existing non- conforming front yard setback of 46.6'. The variance application is based on undue hardship created by the existing non- conforming home on a non-conforming lot. Mr. West notes that the four variance review criteria were listed in the staff report previously distributed to the Planning Commission and available this evening. Staff posted the legal notice in the paper and by direct mail prior to the hearing. Staff was contacted by two adjacent property owners who requested copies of the plans, but did not have any concerns with the request. Village of Indian Hill Minutes of Planning Commission Meeting November 20, 2024 Page 5 After brief discussion, Mrs. Stolper made a motion to approve the requested variance. Mr. Manning seconded, and the motion was approved by a unanimous roll call vote. There being no further business to come before the Commission, Mr. Tullis made a motion to adjourn. Mrs. Stolper seconded, and the motion was approved by a unanimous voice vote. Respectfully submitted, Richard Wiggers, Chairman ATTEST: Jonathan D. West, Secretary Pro-tem