Board of Zoning Appeals (BZA)
Regular MeetingZionsville, IN · May 6, 2020
Minutes
MEETING RESULTS - ZIONSVILLE BOARD OF ZONING APPEALS MAY 6, 2020, 6:30 p.m. (Local Time)
MEETING FACILITATED REMOTE ATTENDANCE - NO IN PERSON PARTICIPATION BY THE BOARD OF ZONING
APPEALS OR THE PUBLIC WILL OCCURED
The following items were scheduled for consideration:
I. Introduction of New Member (Oath of Office administered by Mayor Styron on May 5, 2020)
II. Approval of the April 1, 2020 Meeting Minutes
III. Continued Business
Address of Item to be considered
Docket Number Name
Project
Withdrawn by Petitioner – Approved by Board
- 5 in Favor, 0 Opposed
Continuance request by Petitioner’s Representative from April
to May Meeting. Continuance request by Interested Party
2020-04-DSV T. Donnar 145 N Main Street from March to April Meeting.
Petition for Development Standards variance in order to provide
for the construction of a Single-Family Home & accessory uses
which: 1) Exceeds the required lot coverage of 35%, to 42.2% in
the Urban Residential Village Zoning District (R-V).
IV. New Business
Address of Item to be considered
Docket Number Name
Project
Continued by Board from May 6, 2020 to June 3, 2020 Meeting
(with notice, due to amendment)– 5 in Favor, 0 Opposed
Petition for Development Standards Variance in order to provide
2020-10-DSV A. Nester 720 W Pine Street for the addition of a carport to a Single-Family Home which:
1) Deviates from the required side yard setback and
2) Deviates from the required rear yard setback
in the Urban Residential Village Zoning District (R-V).
Respectfully Submitted:
Wayne DeLong AICP, CPM
Town of Zionsville
Director of Planning and Economic Development
May 7, 2020
Zionsville Board of Zoning Appeals
May 6, 2020
In Attendance: John Wolff, Laura Campins, Larry Jones, Jeff Papa, Steve Mundy.
Staff attending: Wayne DeLong, Darren Chadd, attorney.
A quorum is present.
Wolff Good evening, and welcome to the May 6, 2020 Board of Zoning Appeals
meeting. The first item on our agenda is the pledge of allegiance. Wayne, we’re
going to turn to you and say the pledge of allegiance, because that’s the only flag
I see.
All Pledge.
Wolff Thank you, everyone. The next item on our agenda is attendance. Wayne, will
you help us with that?
DeLong Yes. Mr. Papa?
Papa Present.
DeLong Mr. Wolff?
Wolff Present
DeLong Mr. Mundy?
Mundy Present.
DeLong Mr. Jones?
Jones Present.
DeLong Ms. Campins?
Campins Present.
Wolff And, if I’m not mistaken, Ms. Campins, welcome to your first BZA meeting.
We’re very glad to have you here with us, and thank you for serving your
community.
Campins Well, thank you very much. I’m excited to be here.
Wolff Very good. Next item on our agenda is the approval of the April 1, 2020 meeting
minutes. Ms. Campins, you probably will refrain from this, as you were not
attending that meeting.
Campins Okay.
Wolff For the rest of the group, is there any discussion about the meeting, the minutes
that were submitted to you?
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Jones Yes. I just got a notice from Janice earlier today, or something. She needs for me
to go review a few items and make some corrections. Can we put it off until next
month? Is that a problem?
Wolff I am amenable to that. Any other discussion amongst the group? Any other
corrections that need to be made?
DeLong I do want to note, is that focused on - -
Koenig Plan Commission or BZA?
Jones I’m sorry.
Wolff You’re a man of many hats.
Jones My bad. It might be Plan Commission.
Koenig Yes.
Jones Is that what it is, Chrissy?
Koenig Yes. I think so.
Jones All right. I’ll quit mumbling. Maybe. Never mind.
Wolff Very good. If there is no discussion, I would entertain a motion.
Mundy I move that we delay the approval of the minutes until, oh, sorry. I make a
motion to approve the minutes as submitted.
Wolff Thank you, Mr. Mundy. Is there a second?
Jones Second.
Wolff Thank you, Mr. Jones. We’ll do a roll call vote for this, Wayne, if that’s okay?
DeLong Yes. We’ll take care of that.
Papa Is this for two different months?
Wolff No. Mr. Papa, good question. We have not seen, we’ve been busy. But we have
not seen the December 1 meeting minutes, or the December meeting minutes. So,
we’re just doing the April, the last month’s meeting minutes.
Papa Okay.
DeLong So, ready for the roll call vote.
Wolff Yes, sir.
DeLong Mr. Papa?
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Papa Me?
Wolff Yes.
Papa Sorry. Yes.
DeLong Mr. Wolff?
Wolff Yes.
DeLong Mr. Jones?
Jones Yes.
DeLong Mr. Mundy?
Mundy Yes.
DeLong Ms. Campins? Well, actually, she would abstain. So, we’re good.
Campins Correct.
Wolff Perfect. Very good. The minutes are approved. Thank you. The next item on our
agenda is the withdrawal request for Petition # 2020-04-DSV, by Mr. Donner and
Mr. Donner’s representative. I would note that because this petition was on the
agenda, we need to have a formal motion to accept that withdrawal. Is there any
discussion amongst the group about that?
DeLong Mr. Chair, before we jump into that, I do want to pause for a moment.
Wolff Certainly.
DeLong We do, for the purposes of having electronic meeting, we do want to create the
opportunity, and fulfill the opportunity of anybody who is in the audience this
evening, who would like their attendance known. So, feel free to raise your hand,
and we’ll read your name for the record, and make a note of it in the minutes.
Wolff Thank you, Mr. DeLong.
DeLong Ballman, Sally Zelonis, Kristen Nestor. I see those three hands raised. Very
good. We will note those in the minutes. Mr. Chair? Please continue with your
presentation.
Wolff Thank you, Mr. DeLong.
Jones Hey John and Wayne, I discussed this earlier. I had a couple of comments that
were kind of basically related to this, but more or less general. I don’t know if we
should do that now, or what do you want to, there is a couple comments about
this process that I wanted to make, and I don’t know if that’d be the time now, or
later, or never.
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Wolff Wayne, do you have a view of how many attendees we have right now?
DeLong You have a total of 8 attendees.Gwen Doyle and Barry, no last name, also have
their hands raised.
Wolff Mr. Jones, I’m of the impression that your comments are directed towards
articulating and explaining the process that we go through and the vetting that
goes through these things. My concern is that I think your message is probably
well-thought out, but I’m not sure we have the appropriate audience here to hear
that.
Jones Yes, it might fall on deaf ears at this point.
Wolff Yes.
Jones Not so much deaf ears, a lack of ears.
Wolff Correct.
Jones Okay. I’ll pass.
Wolff Thank you, Mr. Jones. So, in front of us we have a withdrawal request for the
Docket # 2020-04-DSV for Mr. Donner and his representative. As I mentioned,
this was on the agenda, so we do need to have a formal motion to accept the
withdrawal request. Is there any discussion, otherwise I’ll entertain a motion?
Papa I would move approval of the withdrawal request if there is no discussion.
Mundy Second.
Wolff Thank you. Mr. Mundy, were you the second?
Mundy Yes. I guess. I don’t know for what, but I did second it.
Wolff Thank you. So, once again, we are approving the withdrawal request. Wayne, I
will turn the, the motion is to approve the withdrawal request. Wayne, I will turn
this over to you for a roll call vote.
DeLong Yes. Mr. Papa?
Papa Yes.
DeLong Mr. Wolff?
Wolff Yes.
DeLong Mr. Jones?
Jones Yes.
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DeLong Mr. Mundy?
Mundy Yes.
DeLong Ms. Campins?
Campins Yes.
Wolff That motion carries. Thank you. Next item on our agenda is continuance
requests. As we only have one other item on our agenda, a new business item,
I’m assuming Mr. Nestor would like to move forward, but if not, please speak
now, or raise your hand to Mr. DeLong. Wayne?
DeLong My next step would be to elevate Kristen Nestor to a panelist when you’re ready.
Wolff Okay. Let’s move on to new business then, which brings us to Docket # 2020-10-
DSV for 720 West Pine Street. Wayne, will you please allow Mr. Nestor to join
our conversation?
DeLong Yes. Kristen Nestor is being - -
Wolff Oh, Mrs. Nestor, sorry.
DeLong --repositioned to be a panelist. I think there will be a brief pause here.
K. Nestor Yes. Can you guys hear us?
DeLong Excellent.
Wolff We can.
K. Nestor Myself and my husband, Alex.
Wolff So, in front of us, we have a petition for a required side-yard setback and a rear-
yard setback. Would you please, in your words, describe to us what you’re doing
and why we need these setbacks.
A. Nestor Certainly. Sure. So, behind our house we are trying to put a carport. We have off-
street parking, but we’re trying to put some covering for our car, and due to the
location of it, we would fall underneath the 15-foot minimum aggregate side-yard
setback. So, we’re requesting a variance for that, as well as a rear-yard setback
because we wanted 20-foot length concrete pad for the carport itself.
Wolff Very good. And, why does the carport, the off-street parking you have currently,
is this where the carport is going to be located?
A. Nestor Correct.
Wolff And, can you articulate why it needs to be in this particular location? We’ve got
the plans in front of us that you submitted. It looks like you’re constrained on
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space. But in your words, could you kind of describe why it needs to be in this
particular location?
A. Nestor Sure. So, we are constrained on space, as it’s a smaller lot. We’re trying to put it
in this location specifically because, you know, in keeping with like the
essentially the flow of the alley-way and the lot itself. So this already is
designated as the off-street parking, so we’re trying to, you know, make as little
changes as possible to the overall arrangement. Additionally, putting it in here
will give us better use of the middle part of our rear yard. That way we can use
that for more grass, and essentially just improve the aesthetics, and the property
itself.
Wolff Very good. And, could you describe the aesthetics of the project? What it’s going
to look like?
A. Nestor Certainly. So, the rear yard is about 40-foot wide. Where, as it is, there is a
concrete, somewhat of like a trapezoid in the middle, and then it’s a gravel
location on the right-hand side. The previous owner ripped out a garden and put
in just gravel in terms of just a parking spot. So, we’re trying to remove that
gravel since it’s, we don’t really like it. We don’t, you know, we like more of the
garden and the grass, and that sort of layout for the back yard. So, removing the
trapezoidal concrete. Removing the gravel. Putting in a nice, clean slab, and then
a matching carport to the styling of our house, as well as the styling of our
neighbors’ houses, we think will just be a better arrangement for the back yard
and more pleasing for the alley-way.
Wolff What are the dimensions of the carport?
A. Nestor It’s going to be 12-foot by 20-foot.
Wolff Okay. So, it’s 12 feet. That can only really hold one car? Is that correct?
A. Nestor Correct. If we would do two cars in the back, we’d have to rip out a peach tree
that we really love. So, trying to maintain the back yard as much as we can.
K. Nestor Yes. To maximize the function of our back yard, while also increasing green
space.
Wolff Very, very good. Fellow Board members, do you have any questions for the
petitioner?
Jones I’m kind of just running through the math, getting ready to kind of figure out the
actual square footage of the house. Checking the dimensions of the lot, the lot’s
only 5260 square feet, and if the information in the package is correct, the house
is, no, I lost that, 2736.
A. Nestor So that’s, you know, the square footage of the house is 1776.
Jones So, what’s the 2736 number?
A. Nestor I’m not sure.
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Jones Wayne, you got any?
Wolff Wayne, he’s referring to in the analysis section, it’s the first sentence.
DeLong I would believe that’s covering the entire hard surfacing. You have, you know,
the property is improved with a patio, the footprint of the home, as well as it’s
sited as a concrete driveway. It may not be concrete anymore, so to speak, but I
think the dimensions of that offering is captured based upon what’s on the site
plan.
Jones So, I guess that’s my first concern, is just the amount of lot coverage, and then
second, I tried to drive up that alley this evening, or this afternoon, and I had to
back out, and I had to carefully back out. It just doesn’t seem like there’s, we
start reducing setbacks off that rear property line, there is not enough room to
maneuver anything into anything.
Mundy I have a similar concern. I did drive the alley, and it’s very narrow, and the 12
feet represents a width. Is that correct, Mr. Nestor?
A. Nestor Correct. The 12-foot is the width of the carport.
Mundy And, there will be a post at each of the two rear corners that are 12 feet apart?
A. Nestor No. So, in order to kind of, to both of those points, in terms of like the turning
ability, the plan is to off-set those rear fence posts in order to not encroach upon
the alley, and ultimately to maximize the setback from the rear for those reasons.
Mundy Well, the distance between the two posts, which you must avoid when you’re
pulling in, that’s, I guess, the distance I was asking about.
A. Nestor Correct. So, the two posts on the outside will be between 11 and 12 feet apart.
Correct.
Mundy Okay. And, is it 3-foot off of the property line?
A. Nestor We’re requesting a 4-foot rear yard.
Mundy Four feet. Okay. Yes. Well, I noticed you have a neighbor that has a carport,
which looks very attractive, but it also has a very small car in it. An SUV, you
might as well give up. The turning radius, I don’t believe I could drive any of
my, well, maybe my old miniature truck I could drive in and make a turn into that
space, but it will be very difficult, so I hope you drive a small car, if it’s
approved.
A. Nestor Correct. My wife and I, we have a, yes, we drive a Toyota Corolla.
Wolff Are you currently using that space to park cars?
K. Nestor We do sometimes. Right now, we’re currently using it. We had a fence fall down.
We’re hoping to update that since we moved in about a year and a half ago, and
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the fence was in rough shape. So, right now we are using it for some yard work
space, but yes, we normally do.
Jones I’m also looking at your survey report. Once again, this might be a question back
to Wayne. It says that there is that Tract 2, out front, which has marked it as
being the center line if Pine Street. So, is Pine Street not a dedicated street to the
Town?
DeLong Pine Street is a public street. Certainly, when this area was laid out, and I don’t
have the date of the platting. Certainly, it was very common, and very much
occurred with great repetitiveness in county and unincorporated areas for the
center line for a property to be platted from the center line of the road, and then
the road then conveyed back to the municipality in a different transaction.
Jones So, this gets back to my original question. So, in reality, the lot’s only 112 by 40?
DeLong Correct.
Jones I mean, depending on what numbers you use. If you take the 2736 that’s in the
document, we’re like 61% lot coverage.
DeLong I can tell you that the 2700 is the total square foot under roof, so that’s both
floors.
Jones Okay.
DeLong I don’t have the number off-hand. Chrissy is here to look into the file.
Jones That’s all right. So, even if we start with the 1776, then there is an outdoor patio
of 200 feet, and then they’re adding 240 square feet. We’re at 50% lot coverage.
DeLong Let’s look into the file. I know partly you have the carport going over existing
pervious, I’m sorry, impervious surface.
Jones Right.
Wolff So, Mr. Jones, can you repeat what you think the lot size is?
Jones If you look back there on that survey report, it shows the Lot 7 being 112 by 40,
which is 4480 square feet. And, then it shows out there in front the Tract 2, that’s
19 ½ feet by 40. And, if I’m reading the information correct, and what Wayne
just said, when this parcel was originally platted, the plat started at the center line
of Pine Street, so that would have made the full lot 131 feet deep. Then the first
19 ½ feet was dedicated back to the city, the start at the beginning of the actual
lot, and then it says there is a 50-foot right-of-way for the street. So, there is, if
both neighbors dedicated 19 ½ feet, let’s say it’s 20. There is 40 feet allocated for
a 30-foot street. The right-of-way extends back another 5 feet, more or less,
which basically provides your area for utilities, etc., and that’s fine and good. But
the actual lot is only 40 by 112. Then from that you have the square footage of
the house, the patio and now we’re adding the 240 square feet of covered carport.
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Wolff So, I generally have a policy of not doing math in public.
Jones I understand.
Wolff If you take 40 - -
Jones I generally have a habit of checking math that’s provided to me in public, so it’s,
you know.
Wolff If you take 40 times 112, I believe you get 4480.
Jones Right.
Wolff Okay. If you, but earlier in our document, we have the parcel as 0.13 acres, and
according to Google, 0.13 acres is 5662 square feet.
Jones Correct.
Wolff So, I’m not sure, which one of those pieces of information is accurate.
Jones I think the survey report would be correct.
DeLong Yes. And the oddity here is the County Assessor assesses this property at 0.13
acres. So, that was the numbers that were run were based upon the property
record card.
Wolff That’s a difference of approximately 1200 feet.
DeLong Yes. So, it would appear that there is a, we need to look into the lot coverage
issue.
Jones Correct. But we have a stamped survey drawing in front of us.
DeLong Yes. So, that should be the - -
Jones You know, God love the County Surveyor, but.
Mundy Larry, is your question here the amount of lot coverage with the carport?
Jones Correct. Just using the standards we’ve applied consistently, there is the footprint
of the house that would count. The patio counts. And, now we’re adding a 240-
square foot detached garage, or, it doesn’t matter, it would still be impervious
surface. It’s a carport, but from a drainage standpoint, from a lot coverage
standpoint, it’s still 240 square feet of impervious surface.
Wolff Mr. and Mrs. Nestor, what is on the 12 by 20 square, or rectangle of land right
now? Is that paved, or is it gravel? What is there now?
K. Nestor It’s partially paved, partially gravel. We are hoping to actually take out a lot of
the other paved surfaces that don’t make sense in the back yard to add more
permeable surfaces, because we want to make our space as green as possible, so
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we are hoping to take out some of the other patio space, as well as this kind of
oddly-shaped piece of concrete that goes through the entire back yard, or what
looks like a fire pit, but it’s kind of an oddly-shaped concrete section. So, right
now, it’s partially concrete, partially gravel, for the area that would be the
carport. We’re hoping to put in a slab of concrete, but take out concrete from
other areas of the back yard to make it more aesthetically pleasing, and more
environmentally friendly.
A. Nestor Right. So, in the document that I provided, I believe there is like a computer
sketch-up where it shows the area with like the trapezoidal piece removed, and
then kind of rounded out on the patio area. Overall, I guess my confusion overall
we’re, you know, net, we’re removing concrete from the back yard, because
we’re removing the trapezoidal area. So, while we are adding some, and
extending the concrete surface to cover the carport area, removing that
trapezoidal piece, as well as rounding out the edge on the patio. When I did the
math, and measured it out, you know, it was a net loss, I guess, of surface area.
DeLong And, I’ll jump in here. I mean, when this petition was first filed, the site plan was
not a part of that. It was based, the calculations were run based upon the property
record card. It would appear that the property record card is assuming ownership
of that Tract 2, and the folks here, petitioner here, may want to have a
conversation with the County about maybe some over-assessment. But
historically this Board has not - while it may have been supportive of the trading
of impervious surfaces for other impervious surfaces, it’s only done that in the
form of a variance when that variance has been properly noticed and advertised.
So, we’re going to run the numbers here to see what that lot coverage is, and if
it’s over the 35% plus the 2% bump, bonus I should say, it would appear that this
variance request that’s in front of you is not right for processing. I don’t know,
Darren, if you have anything specific to offer on that point?
Chadd Nothing in addition to that. That was my thought. We need to figure out what
that coverage is, and if it needs a variance, then they’ll need to request that.
Jones And, as we’re discussing that, then the secondary issue of the rear setback,
especially when you’re coming up to a 12-foot alley. Minimum parking standards
is 20 feet for maneuvering vehicles around. We’re back into the same issue that
we brought up with the house on Fourth Street. We are creating a situation where
to maneuver in and out of a structure, a typical-sized vehicle is going to need to,
you know, trespass across the other side of that 12-foot alley, and, you know, it
requires adjoining, not an adjoining, but a nearby property owner to, I don’t
know. There is some specific term I’m looking for. I’m just struggling to figure
out what it is.
Wolff I drove the alley, as well. And, Mr. Jones, I would agree with you. I’m not
interested in approving a petition that would force the property owner to have to
trespass or enter some else’s property to leave their vehicle. But, as I recall the
alley, I’m not even sure they have that opportunity. It was kind of a fence over
there, like, I don’t even think there is a chance for them to get into the other
person’s property because of the way the alley was built. But this may be all, I
think what I’m hearing is that we don’t have the full, no fault to the Nestors. I
don’t think we have, at no fault to our petitioners, I don’t think we have a full
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picture of what we’re looking at, and I think that it would be more prudent of us
to have a better understanding of exactly what the entire ask is before we have
too much discussion on it.
Jones That’s fine.
Mundy I believe there is a privacy fence directly across the alley, isn’t there? The
Nestors could certainly answer that. It looked to me like that was directly across.
A. Nestor That’s correct.
Mundy Which would prevent you from going any further than the fence.
A. Nestor That’s correct. There is that privacy fence there, and you know, with that fence in
place, we’re still able to maneuver our vehicles into and out of the parking spot.
Wolff Do you back out of the alley?
A. Nestor I’m sorry?
Wolff Do you back out of the alley?
A. Nestor I can do either. I can back into the parking spot, or I can pull front into the
parking spot. Both are navigable. And, I marked it out with cones for the location
just to make sure I can do that.
Mundy I assume that the alley, I continued on past from the east to the west. It goes up, it
looks like someone has improved the alley at the end, and it wraps around their
house. Is that still considered alley?
K. Nestor The concrete part?
Mundy Yes.
K. Nestor Yes. It’s still considered the alley. It’s all shared space. So, we use that to get in
and out of the alley, as well.
Mundy Okay.
A. Nestor Yes. So, the house directly to the west, they’ve got, you know, the rear of their
house is a 2-car garage that abuts the alley, roughly the same distance. And, then
down the alley-way, there is a carport that you mentioned. We’re actually basing
our plans off of that in terms of the distance and sizing. And, then there is two
other garages along the alley.
DeLong So, based on the calculations, it looks that the petition would be about 2% above
the 35% lot coverage cap, depending on how much of that patio is coming out,
and with the carport being installed over the existing concrete drive, and over
another portion of the patio, so without proper notice dealing with the exchange
of pervious surface for other pervious surface, it looks like this petition will need
to be re-noticed and heard next month to include and encapsulate a lot coverage
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variance request. And, again, I think this goes back to when the petition first
came in, the calculations were based on the property record card, the site plan
was turned in a little bit later. I’m not sure of exact timing, and it looks like that’s
just, that new information didn’t get screened against what was originally
believed to be accurate, which was the property record card provided by the
County.
Jones It’s still the responsibility. What? I’m sorry.
Wolff I said, good catch.
Jones Well, it’s just, Wayne, it’s not your job to go vet that stuff. It’s still the
requirement or the responsibility of the petitioner to provide a full package when
they submit this stuff.
Wolff Well, it seems reasonable that you would use, if you’re paying taxes on it that it
would be accurate.
Jones Really? Sorry. Not the way taxes work.
Wolff Mr. Chadd, we would typically go and ask for remonstration right now, but I’m
not sure it’s really, if it’s appropriate, because I think this needs to get continued
so that we can have a better picture of the full petition. Is it okay to entertain a
motion to do that now?
Chadd I think it would be. I think, sorry, checking to see if I’m muted.
Wolff You’re not. We can hear you.
Chadd If you have anyone who wants to speak now, you can entertain it, or you can ask
for the continuance now and address it all when you reconvene. Either way, it
would have to be addressed.
Wolff Yes. So, fellow Board members, I certainly want to have a full hearing, but I
think we’re going to have to hear this again, so I’m not necessarily interested in
public comment at this point. We will certainly allow the public to speak on this,
but I think it would be better if they could speak to the full petition, which we
certainly don’t have in front of us right now. Are you okay with that, fellow
Board members?
Jones I am.
Papa Sure.
Campins Yes.
Wolff With that. Mr. and Mrs. Nestor, so I think, I don’t think there was any ill will
here. I think what happened is, between what the County has provided, and then
the surveyor has provided, I think what we have is some misinformation between
the two of them. It equates out to about 1200 square feet, which certainly is
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significant. So, what we’re going to do, and what we need to do, is continue this
petition to next month, which will be the June 3 meeting?
DeLong Correct.
Wolff The June 3 meeting. In the meantime, I think we’re okay with what, well I think
we have the information to address the setbacks. I’m not sure, I think we may
end up having a lot coverage issue, as well, in addition to. Wayne, can you
facilitate working with the petitioners to getting that included in this petition?
DeLong Yes. We will.
Wolff Thank you. In addition, I also want to make a comment that you will need to re-
notice, because the petition is changing. You’re going from setbacks to a lot
coverage as well as setbacks. I think you are. We have made a special exception
to the notification requirements. Wayne, can you address that briefly?
DeLong Yes. We, certainly with this petition tonight, and they have submitted notice, and
they did that first class. And the reason staff suggested they think of that as an
option, and certainly this is something the Board is, at least the Board leadership,
knew about the Plan Commission, has discussed this. During this COVID-19
situation that has presented itself to the world, in order to help facilitate social
distancing and cut down on interactions with postal carriers and the public, one
of the ways to do that was to not require certified mail, and certainly so tonight’s
hearing has been advertised via the newspaper, and also provided by first class
mail, so a waiver would need to be of your rules of procedure to support the use
of first class mail is an appropriate conversation point for you to have this
evening.
Wolff Thank you, Mr. DeLong. I’d also note that the petitioner does have a sign in their
yard due to some new technology we’re using in the Town that states that there is
a petition for this particular property. So, any neighbors should be able to see
that, as well. Correct?
DeLong Correct.
Wolff With that, Board members, are you amenable to waiving the certified mail and
allowing first class mail to continue? I feel it’s a safety issue at this particular
point, so I’m amenable to it, but I just want to make sure that we all agree on
that.
Campins Yes.
Jones I’m fine with that.
Mundy I have no objection.
Jones Before the petitioners leave, can I get just one question of clarity?
Wolff Certainly.
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Zionsville Board of Zoning Appeals
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Jones So, looking at the various kind of rendering pieces put together, is the carport
attached, or comes up against the house, or not? Does anybody else see what I’m
looking at when I look at the following the survey, there is a kind of 3-D
renderings.
A. Nestor Certainly.
Jones So, what’s going on there?
A. Nestor Yes. So, the initial plan was to have the carport attached to the house.
Jones Okay. Well, my point is, so once again, we don’t like doing public math, but
what my public math just came up with was that let’s assume the house sits 25 ½
feet back from what we are calling the lot line, Lot 7. Even if you take that, let’s
say the 45-foot. Whatever. You add that all up. From the rear of the house to the
rear of the property should be approximately 30 feet. And, if you’re setting a
carport that’s 12 by 20, correct? That should put you 10 foot off the back
property line if you so choose. Am I missing something?
A. Nestor So, the rear part of the house in the 3-D rendering, if you’re looking at it from the
different angles, there is I’d say about a 20-foot wide section of the house that is
roughly 30 feet from the alley-way. Then there is a 10-foot section of the house
that comes back about 9 feet, which ultimately results in about 20 feet distance to
the alley. Maybe 23, 24 feet. Something around there.
Jones I guess, once again, I’m really struggling with your survey then. Because what
I’m seeing is, maybe I did this wrong.
A. Nestor I guess, is your question to the rear yard setback or the lot coverage issue?
Jones Correct. We’re trying to figure out the distance between the actual home and the
rear property line.
A. Nestor It’s about, on one edge, it’s about 27 feet. The next closest part is about 25 ½
foot, about 25 feet. The lot is at a bit of an angle, so you know, short of me going
out there with a lead line, it’s kind of tough for me to exactly eyeball.
Wolff Mr. Jones. Do you have any further comments on that?
Jones I’m just doing something here. Okay. Kind of just struggling with the survey.
Wolff Well, I think we’re going to need clarification on the survey regardless.
Jones Yes, exactly. Never mind. My point was I was thinking there was some room that
they could pull the carport up closer to the house, and get away from the rear
setback requirement. So, I don’t know. All right.
Wolff Okay. Very good. Mr. Chadd, I think you’re muted, but I think all we need is a
motion to continue this to the June 3 meeting, correct?
Chadd Yes.
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Zionsville Board of Zoning Appeals
May 6, 2020
Wolff Okay. Very good. With that in mind, I will entertain a motion to continue this.
Mundy I move that Docket # 2020-10-DSV, a request for a design standard variance for
setbacks be continued to the June meeting, and additional information being
provided at that time with regard to lot coverage of the improvements on the lot.
Wolff Thank you, Mr. Mundy. Is there a second?
Papa Second.
Wolff Thank you. All those, actually, Wayne, we’ll turn to you. Sorry. Old habits.
DeLong Mr. Papa?
Papa Yes.
DeLong Mr. Wolff?
Wolff Yes.
DeLong Mr. Jones?
Jones Yes.
DeLong Mr. Mundy?
Mundy Yes.
DeLong Ms. Campins?
Campins Yes.
Wolff Thank you. Motion carries. Mr. and Mrs. Nestor, so we just want to make sure
we have the full picture of what we’re doing before we make an approval. So, I
think if you will work with Wayne, I think we can get this all taken care of, and
have a better picture and understanding of what you’re asking for and what is
needed at the June 3 meeting. Thank you.
K. Nestor Thanks.
Wolff The next item on our agenda is other matters to be considered. Mr. DeLong?
DeLong Very briefly, on the # 2019-SE-38. That petitioner actually indicated just today
that the drainage easement has been recorded at the County, so they’re moving
through their different due diligence items in that conversation. As far as
Wildwood Designs, I do not have any specific update on that particular matter.
Wolff Very good. I would also like to note that we have some paperwork to sign
collectively as a Board. Specifically, I think a negative findings of fact from 2
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Zionsville Board of Zoning Appeals
May 6, 2020
months ago. Wayne, how could we use the Town in a social distancing way to
facilitate the signing of those documents?
DeLong Yes. What we can do is utilize the Town drop box remote location in our parking
lot, which is our Town vehicle, a Town vehicle, and we’ll work with different
Board members to cycle through to sign the paperwork, while paying attention to
social distancing.
Wolff Okay. Is the group amenable to that? I’m just concerned that if we don’t get these
things signed, they’re kind of stuck in limbo land.
Jones Yes, that’s fine.
Wolff I think the obligation is that, I think what I’m asking you, is that you’ll have to
stop by Town Hall some time within the next few weeks.
Jones I’m fine.
Mundy Yes, No objection.
Wolff Ms. Campins, I think you’re off the hook. I don’t think you have to sign anything
just yet, but you will soon.
Campins Okay. Thanks.
Wolff All right. Any other matters?
Mundy I just have a question. Maybe I missed this in some of the communications, but
Campins, I don’t know, but is this a replacement for Julia Evinger?
Wolff You know, Wayne, do you want to go or do you want me to go?
DeLong Well, I can summarize this. So, Ms. Evinger did resign last month, or actually
earlier this month. She moved out of the community, or is moving out of the
community here later this month, and resigned from the Board of Zoning
Appeals. Ms. Campins was sworn in yesterday by the Mayor via a Zoom event,
and bringing her on board as of today for her first meeting.
Mundy Welcome.
Campins Thank you, very much.
Wolff See, I probably should have mentioned that. Unfortunately, we didn’t get to say
goodbye to Julia in a formal way. She has certainly served our community well,
and I’m thankful for her service, and I’m very thankful that Ms. Campins is here
to take her place, and so I think we’ll keep moving forward with that. And, if you
know, Julia had her home for sale for a long time, and so I think it’s a good
closing of a chapter for her, and so welcome news for her.
Campins And, let me know if you have any questions for me. So, thank you.
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Zionsville Board of Zoning Appeals
May 6, 2020
Wolff And, Ms. Campins, I’m looking forward to meeting you in person. I’m cautiously
optimistic it will be sometime this summer.
Campins Yes. Hopefully soon. Yes.
Wolff Any other matters?
Jones May I just, once again, I’m sitting here doing my math again. When we talked to
the previous petitioners, their 3-foot setback, I think it’s based on where they’re
thinking they can set the columns for the carport, and then cantilever the roof out
over that. Because, if I’m doing my math correct, in public, they only have 21
feet back there for a 20-foot carport. And, that’s off the back of the house. They
need to come with some better documentation for their ask. Wayne, can you
convey that?
DeLong Yes. We will talk to them about that. I mean, it is challenging for parties to rely
on a surveyor’s report, which is provided as a part of someone’s closing
documents typically, and is not a document that is specifically generated for a
specific project.
Wolff No other matters? Wayne, please pass our gratitude on to the Town, the IT staff
and everyone else for helping us put these meetings together. I know it’s not as
easy as typically what we’re used to, but I certainly appreciate their efforts.
DeLong I will pass along the words.
Mundy Wayne, you will alert us, or Chrissy will, as to when the documents are available
for signing?
DeLong Yes. We’ll send out emails and work to manage each Board member coming
through, probably spacing everybody a day or two apart. Work out all the details
in email communications.
Mundy Thank you.
DeLong Thank you.
Wolff Thank you, everyone. This meeting is adjourned.
Jones Thank you much.
DeLong Thank you.
Campins Thank you. It was nice meeting everybody.
Wolff Nice to meet you.
Jones Nice to meet you.
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