Planning Commission Meeting

MINUTES OF MEETING INDIAN HILL PLANNING COMMISSION April 16, 2025 The regular meeting of the Indian Hill Planning Commission was held on April 16, 2025 at 7:00 p.m. in Council Chambers of the Village Administration building. Members Present: Rita Stolper Joseph Rhodenbaugh Barrett Tullis Don McGraw Robert Schilling, Planning Commission alternate Members Absent: Shayne Manning Officials Present: Jonathan West, Assistant City Manager Visitors Present: Linda Siekmann, 5495 Waring Drive Addison Lanier, Hannibal Development Company John Lanier, Hannibal Development Company Trey & Kristen Kelly, 7805 Brill Road Mike Wentz, Wentz Design Kelsey Bendel, Wentz Design Keith Chabut, 5405 Waring Drive Michael Chandler, Viox & Viox Mrs. Stolper 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 1: Minutes from the March 12, 2025 Indian Hill Planning Commission meeting: Mr. McGraw made a motion to approve the minutes. Mr. Tullis seconded, and the motion was approved by a unanimous voice vote. Item Number 2: Case #25-003: Mike Wentz, on behalf of Indian Hill Acquisitions, LLC, is requesting a variance from Section 63.1 of the Indian Hill Zoning Ordinance to reduce the street side setback for a garage and second floor addition. The subject property contains a non-conforming home located at 7805 Brill Road. Mr. Mike Wentz, with Wentz Design, comes before the Commission on behalf of his clients, Trey and Kristen Kelly. Mr. Wentz comments that the home is in somewhat of a state of disrepair, although it is an amazing historic property. Village of Indian Hill Minutes of Planning Commission Meeting April 16, 2025 Page 2 Mr. Wentz notes that there is currently no attached garage. They are requesting a variance to add a 22' attached two-car garage that would be placed as close as possible to the existing home. They also plan to make the architecture fit in with the existing home as much as possible, including the siding, windows, and shutters. Mr. Wentz states that they are also asking for a variance to add a second floor addition in order to expand the master bedroom suite. This addition will be placed directly on top of the existing first floor. Staff Report: Mr. West reviews relevant property history as follows: • 1900 – The home was constructed. • 06/28/77 – A site clearance permit was issued for an addition. • 10/19/99 – The Planning Commission granted a variance to add a second story addition on top of the existing non-conforming one-story portion of the home adjacent to Waring Drive. The variance was approved due to the addition not worsening the existing non-conforming street side setback. Mr. West describes the subject property as being located on the south side of Brill Road and east side of Waring Drive in zoning District “B” – three acre minimum. The existing home (built in 1900) is non-conforming due to not meeting the required street side yard setback requirement. The existing home is located 89'-3¾" from the west street side lot line (Waring Drive) where 100' minimum is required. The applicant is requesting variance approval to construct the following additions: 1. A second story addition over the existing one-story non-conforming section of the existing home (NW corner). The proposed second story addition would be 89'- 3¾" from the west street side lot line where a minimum of 100' is required per Section 63.1 of the Indian Hill Zoning Ordinance. The second story addition would not worsen the existing non-conforming street side yard setback. 2. Construct a two-car attached garage addition with a side porch, breezeway, and second floor closet space in the attic of the garage 67'-10" from the west street side lot line where 100' minimum is required per Section 63.1 of the Indian Hill Zoning Ordinance. The proposed garage addition would worsen the existing non-conforming street side setback of 89'-3 ¾". 3. As part of the proposed additions, the applicant is also requesting a new driveway out to Waring Drive. No variances are required. To help support the Commission’s decision to approve or deny the requested variances, staff has prepared written findings of fact per Section 101.53 Standards for Variances – Village of Indian Hill Minutes of Planning Commission Meeting April 16, 2025 Page 3 The Commission shall not grant a variance as authorized in Section 101.52 unless it shall, in each case, make specific written findings of fact directly based upon the particular evidence presented to it which supports written conclusions that: (1) The variance request arises from physical conditions of the lot which are very unusual, that is, conditions which are rarely found in the same district, and the conditions are created by the provisions or requirements of this ordinance and not by an action or actions of the property owner or the applicant, such that the literal interpretations of the ordinance would deprive the property owner or the applicant of rights commonly enjoyed by other properties in the same district; The variance request arises from the existing non-conforming home. The non- conforming home was not created by an action or actions of the applicant. The literal interpretations of the ordinance may deprive the property owner of rights commonly enjoyed by other properties in the same district for the second-floor addition, but not for the garage addition. (2) The particular physical surroundings, shape, or topographical condition of the specific property involved would cause undue hardship or exceptional practical difficulty for the owner, lessee or occupant, as distinguished from a mere inconvenience, or would conflict with the Village’s adopted land use objectives and policies, if the provisions of this ordinance were strictly enforced; The physical surroundings and topographical condition of the property would not cause undue hardship or exceptional practical difficulty for the owner. The existing non-conforming home may create exceptional practical difficulty for the property owner for the second-floor addition; however, it would not for the garage addition. (3) The granting of the variance will not be materially detrimental or injurious to other property or improvements in the neighborhood in which the subject property is located, not impair an adequate supply of light or air to adjacent property, substantially increase the congestion in the Village streets, increase the danger of fire, endanger the public safety or substantially diminish or impair property values within the neighborhood; and Granting the variance for the second floor addition over the existing non- conforming home will not be materially detrimental or injurious to other property or improvements in the neighborhood; will not impair an adequate supply of light or air to adjacent property; will not increase the congestion in the Village streets; Village of Indian Hill Minutes of Planning Commission Meeting April 16, 2025 Page 4 will not increase the danger of fire, public safety or diminish or impair property values within the neighborhood. Granting the variance for the garage addition may be materially detrimental or injurious to other properties or improvements in the neighborhood by reducing the existing non-conforming street side yard setback. (4) The variance desired will not conflict with the general purpose and intent of this ordinance. The variance request to construct the second-floor addition over the existing non- conforming home should not conflict with the general purpose and intent of the ordinance. The variance request to construct the garage addition would conflict with the general purpose and intent of the ordinance. Staff posted the legal notice in the paper and by direct mail prior to the hearing. Staff was contacted by the adjacent property owner to the west along Waring Drive who had concerns about the proposed driveway and headlights sweeping across the front of the home. Ms. Linda Siekmann, residing at 5495 Waring Drive, comes before the Commission and states that she lives on the corner across the street from the subject property. Ms. Siekmann comments that the applicant already has a large driveway that leads right up to the garage. She feels the request to use an additional access drive that was originally put in by a construction crew years ago is not necessary. She adds that in the past when construction workers were using this access drive they backed into her mailbox and knocked it over. Mr. Wentz notes that he has consulted with his clients, and they are willing to not use the access drive that goes out to Waring Drive. Mr. Tullis asks Ms. Siekmann if the applicant does not use the access drive that goes out to Waring Drive, is she otherwise good with the requested garage addition. Mrs. Siekmann replies that she is fine with the garage addition. Mrs. Stolper notes that the garage could be placed in another location where it would not worsen the existing non-conforming condition. Mr. Keith Chabut, at 5405 Waring Drive, remarks that he is in favor of the location of the proposed garage addition, as it makes sense to have it where it’s being requested. Village of Indian Hill Minutes of Planning Commission Meeting April 16, 2025 Page 5 Mr. Tullis notes that every case needs to be evaluated for its merits. He doesn’t feel it’s fair to judge each applicant’s request based on what was done in the past. Every piece of property is unique and should be looked at on a case by case basis. He adds that Waring Drive was added after this house was built which also creates a hardship and a unique situation. Mr. McGraw asks if the applicant has looked at other locations for the garage addition. Mr. Wentz replies that they have looked at other locations. On the south side they would also need a variance. In addition, there’s a huge stone chimney and a family room on that end of the house. It also doesn’t make sense to put it on the east side of the house. Mr. Schilling comments that setbacks are important and should be maintained. He adds that there are other areas where the garage addition could be placed. Mrs. Stolper states that one of the conditions for approval of the variance is that it be an undue hardship rather than just an inconvenience. She feels not having the garage addition in the proposed location is just inconvenient and not a true hardship. Mr. Tullis notes that the legal standard is not “can it go elsewhere”. He adds that when you have so many unique lots and many homes that predate the zoning code, there are going to be scenarios like this, which is why there are variances. At the time this house was built not only was there no zoning code, but there was no Waring Drive as well. Therefore, he feels this does create a hardship. Mrs. Stolper suggests that since there are two separate variance requests before the Commission, that they be voted on separately. Mr. Rhodenbaugh made a motion to approve the requested variance for the second floor addition, which does not worsen the existing non-conforming condition. Mr. McGraw seconded, and the motion was approved by a unanimous roll call vote with all voting in favor of approval. After brief discussion, Mr. Tullis made a motion to approve the variance request for the proposed garage addition due to the hardship that was created with Waring Drive being added after the home was built. There was no second for the motion; therefore, the motion failed. Mr. Rhodenbaugh made a motion to deny the requested variance for the garage addition. Mr. Schilling seconded, and the motion passed by a four to one roll call vote with Mr. Rhodenbaugh, Mr. Schilling, Mr. McGraw, and Mrs. Stolper voting in favor of approval and Mr. Tullis voting against approval of the motion. Village of Indian Hill Minutes of Planning Commission Meeting April 16, 2025 Page 6 Item Number 3: Case #25-004: Hannibal Development Company is requesting Preliminary Plat approval for Phase 3 of Twin Fences at Peterloon Farm Subdivision. The proposal will subdivide 61.39 acres into twelve (12) single family lots and two green area gifts totaling 5.99 acres. The lots will be served by the extension of Larking Drive which will terminate in a cul-de-sac. Two lots will share access from Remington Road. Mr. Addison Lanier, with Hannibal Development Company, comes before the Commission and states that he has Michael Chandler with Viox & Viox with him this evening. Mr. Lanier comments that he feels the staff report accurately describes their request. Staff Report: Mr. West reviews relevant previous actions as follows: • September 18, 2024 – The Planning Commission conditionally approved the revised Concept Plan for Phase 3 subject to: 1. Extend 20' stream buffer from top of bank on Lots 1 and 10. Updated on Preliminary Plat. 2. Provide on-site storm water detention on Lot 12, to be reviewed when the permit for the new home is submitted. Plan is for a regional detention basin that will serve all 12 lots. 3. Lot 12 will require a fire hydrant within 400' of the new home, measured along hard surface as the fire department would lay hose. Water main easement shown on Preliminary Plat. Details to be reviewed during construction plan review. The lot layout for Phase 3 is the same as the Concept Plan. Larking Drive will be extended east to a cul-de-sac and then a private drive will be extended further east. Lots 5 and 6 will be accessed from a shared driveway on Remington Road per the site distance study, and Lot 12 will be accessed from Stirrup Cup Drive. A regional storm water detention basin is proposed for all 12 lots. Each home will be connected to Indian Hill water and the existing MSD sanitary sewer. The resource protection areas are nearly the same as the Concept Plan. There will be a total of 40.24 acres of resources protected (some overlap). Mr. West states that the application and review for Preliminary Plat approval is complete. Staff notes that the 100' building setback should be revised on Lots 3, 6, 9, and 10. Comments from the Madeira and Indian Hill Joint Fire District: • A fire hydrant will be required within 400' of each residence, measured along hard surface as the fire department would lay hose. Village of Indian Hill Minutes of Planning Commission Meeting April 16, 2025 Page 7 • Must meet fire truck height and width clearance requirements. Comments from Indian Hill Water Works: • Must meet Indian Hill Water Works specifications to be reviewed in greater detail during the construction plan review stage. Comments from Indian Hill Public Works: • Easements must be labeled as “public” or “private”. Mr. West notes that the Village engineer’s review/report was included with the packet that was previously distributed to Planning Commission members. Staff finds that the applicant has met all requirements for Preliminary Plan review. Staff recommends the Preliminary Plat for Phase 3 of Twin Fences at Peterloon Farm Subdivision be conditionally approved based on the comments contained in the staff report and the engineer’s report. All adjacent property owners have been properly notified, and staff has not received any comments. Mr. Schilling asks who is responsible for the detention basin. Mr. Lanier comments that the developer is responsible for the detention basin until such time that it’s turned over to the HOA at some point in the future. Mrs. Stolper inquires about the discrepancy in the amount of acreage between the engineer’s report and what’s shown on the plat. Mr. Michael Chandler, with Viox & Viox, states that it’s not uncommon for the auditor’s website to differ from the surveyor’s calculation. The difference is due to overlaps and gaps between property lines over time. Once the Final Plat is recorded and the lots are created and sold, the situation corrects itself. After brief discussion, Mr. Rhodenbaugh made a motion to approve the Preliminary Plat for Phase 3 of Twin Fences at Peterloon Farm Subdivision subject to the comments in the staff and engineer’s reports. Mr. McGraw seconded, and the motion was approved by a unanimous roll call vote with all members voting in favor of approval. Mr. West distributes a draft of the zoning ordinance updates that will be reviewed at the next Planning Commission meeting. There being no further business to come before the Commission, Mr. Rhodenbaugh made a motion to adjourn. Mr. Tullis seconded, and the motion was approved by a unanimous voice vote. Village of Indian Hill Minutes of Planning Commission Meeting April 16, 2025 Page 8 Respectfully submitted, Rita Stolper, Chairperson ATTEST: Jonathan D. West, Secretary Pro-tem