HomeMy WebLinkAboutDept Report 07-28-14 CARMEL BOARD OF ZONING APPEALS
DEPARTMENT REPORT
JULY 28,2014
1. Docket No. 14060018 A: David Wilkinson's Addition,Lot 23,Appeal.
The applicant seeks to appeal the decision of the Director, where the request to tear down an existing Contributing
Building in the Old Town Overlay was denied. The site is located at 320 ls`Ave NE and is zoned R-3/Residence,
within the Old Town Overlay Character Subarea. Filed by Wendy Noble, owner.
z. •• General Info:
■ -- i .� The Petitioner is requesting an appeal to
�_ 1 *. j the decision of the Director,where the
►, "__,_ ! ' request to tear down an existing
�"' �` " _ Contributing Building in the Old Town
r":;--7 1 1. ' 1 A, r Overlay was denied. This property is I
+ located on 1st Ave NE,just north of 3rd St
+--t . - - NE. Surrounding the property are
ur, r,, . z —r A ' t' residential homes. Please refer to the 4 .
, _ ..., _ . : •
r w •' -,ft . petitioner's information packet for more
'� N. r. details.
> r . ,V
s . - �. .� Analysis:
0' petitioner would like to demolish her
• ,.` - � The pe
""" o„ ,,,ie„ D STREET NE existing home in order to build a new
• - 1- , 1
, home. The house is located within the Old
�" ! - '' Town Overlay,where the goal is to
' LL, preserve and protect the character of this
-.. o � _ •- older, unique neighborhood. One way this
or I R - �, - is done is by requiring approval before any
Jlfl� �'' • i ! li ' t! J building is demolished. The petitioner's
home is identified as a Contributing
Building as defined by the Carmel Zoning Ordinance and the request to demolish it was denied by the Director of the
Department of Community Services. The Director did not find that the home met the conditions required in the
Ordinance for demolition. (Please see the attached Director's determination letter.)
A few of the reasons for denial were that the home was in good condition and did not pose an imminent safety hazard;the
home does contribute to the historic character of the area; improvements and repairs could be done to the home through
renovations instead of completely demolishing the entire home and building a new one; and the new proposed home is not
of greater significance to the enhancement of the overlay district than the existing home.
The Department recommends negative consideration of the appeal, as the petitioner could make the desired improvements
to the property through home renovations and possibly room additions as opposed to scrapping the old house to build
something new.
Findings of Fact:
1. The Petitioner has properly followed the Appeals Procedures outlined in Ordinance Z-160, Section 30.2, et seq.
2. Nature of action appealed from: Director's Determination-denial of requested demolition at 320 1't Ave NE.
Agency: Cannel Department. of Community Services
Date of Agency Decision: June 17, 2014
3. Attached copy of Ordinance or materials which is subject of Appeal: Sec. 23D.02
2
4. The written materials submitted to the Board doesn't support the Petitioner because: DOCS issued the letter of
denial after much consideration to the ordinance and determined that the requested demolition of the contributing
building does not meet ordinance requirements.
5. The Agency, Official, Board or Zoning District boundary should be affirmed. DOCS issued the letter of denial
after much consideration to the ordinance and determined that the requested demolition of the contributing
building does not meet ordinance requirements.
6. The work on the premises upon which appeal has been filed shall be stayed because: no work has begun yet, but
demolition should be stayed _because home renovations, could be _done instead; the house does not pose an
imminent safety hazard; and the house is a contributing building which contributes to the character of the
neighborhood.
Recommendation:
After all comments and concerns.;have been addressed,the Dept. of Community Services recommends negative
consideration of Docket No. 14060018 A.
3
kffi
CITY ® A EL
JAMES BRAINARD, MAYOR
June 17, 2014
//
Ms. Wendy Noble
320 1St Avenue NE
Carmel, IN 46032
Re: 320 1St Avenue NE - proposed new home and house demolition
Dear Ms. Noble:
This letter is in response to your request dated'22 April 2014 for Site Plan and Design
Review approval for anew home at the above referenced address, requiring demolish of
the single-family.dwelling that currently exists on the property. The conclusions in this
letter shall serve as an offidal`Director's determination that may be appealed to the Carmel
Board of Zoning Appeals if filed.within thirty (30) days of issuance of this letter, or the
determination is final.
The existing dwellingis designated as a Contributing Building'as defined by the Carmel
Zoning Ordinance, Chapter 23D, and as identified on the Old Town Overlay Zone Map,
Figure 3.
The Zoning Ordinance forOld Town Carmel provides four(4),principle criteria to guide
decisions by the Director ofthe Department of Community Services when determining
whether demolition of a Contributing Building in-Old Town will be allowed:
i. Structural conditions of the building that pose an imminent safety hazard.
ii. An advanced state of dilapidation or fire damage°would:make it unfeasible to repair
the building for,any reasonable economic use.
iii. The architectural and''historical significance of the structure individually, in relation to
the street, and as a part of the district as a whole.
iv. Replacement'value, if it can be determined that the proposed new development which
it replaces is:of greater significance to the enhancement of the overlay district than
retention of'the existing structure.
Inspection of the.premises by Carmel Building Commissioner Jim Blanchard, Department of
Community Services (DOCS) Planning staff, and me on 9 June 2014 revealed the home's
visible structure-to be of generally sound condition, with some water infiltration, basement
moisture and.moisture related problems including the appearance and odor of mold. The
visil�Ie foundation while in need of repair in places did not appearto be in such an
advanced deteriorated condition to be unrepairable; and including foundation moisture
problems to be repairable at a reasonable cost:
DEPARTMENT OF COMMUNITY SERVICES
ONE CIVIC SQUARE, CARMEL, IN 46032 PHONE 317.571.2417, FAx 317.571,2426
MICHAEL P. FIOLLIBAUGH, DIRECTOR
Ms. Wendy Noble page 2
Re: Proposed demolition - 320 1st Avenue.NE, Carmel, IN
Air quality in the basement was,poor, with high moisture content and the noticeably strong
odor from mold. It was observed by the Building Commissioner that crawl space
ventilation has been blocked in areas which may affect air flow, thus contributing to
moisture and air quality issues in the basement. The presence of moisture and mold,
unless presented otherwise with evidence from you, can be mitigated and remediated;
including installing perimeter drainage; sealing the exterior foundation; improving
basement air flow and duct cleaning and possibly updated HVAC equipment.
The condition and layout of the home, while not modern in style or function,especially
when compared to the new construction which has been occurring in the Old Town area,
can be improved through home renovation, and possibly through room addition(s) or
expansions. As such, the condition and layout factors would not, by themselves,justify
demolition of the home.
In consideration of homes historic or architectural significance, the Department;referred to
the 'Old Town' Carmel Survey by the Ball State University Center for Historic Preservation,
prepared for the Carmel Clay Historic Society in 2008. That survey concluded the,subject
property to be in"excellent" condition; of generally unaltered vernacular architectural
style that"would contribute to a potential National Register Historic District". A,copy of
the Ball State survey for this property is attached.
It is worth noting that the new house proposed by you to replace the existing Contributing
Building, while a more substantial structure of greater monetary value than the existing
home, would not,clearly be of greater significance to the enhancement of the overlay
district-versus the negative impact on the district from loss of the existing structure .
It is with consideration of the ordinancecriteria for demolition; inspection and observation
of the home, lot and surrounding real estate that your request to demolish the
Contributing Buildings at 320 1St Avenue NE is hereby denied.
If you wish to discuss any of the above, please contact me at 317 571 2422, or via email at
mhollibaugh @carmel.in.gov.
Yours truly,
71-1/ ./1
Michael Holli ugh
Copy: Carmel-Clay Historical Society, attn. Katherine Dill
Indiana Landmarks, attn. Mark Dollase
Carmel City Attorney, Douglas Haney
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CITY OF CARMEL ZONING ORDINANCE
thence north to East Smokey Row Road;
thence east to the rear lot line of properties on the east side of 1st Avenue Northeast;
thence south to 7th Street Northeast;
thence east to the rear property line of properties on the east side of 2nd Avenue Northeast;
thence south to 3rd Street Northeast;
thence east to 3`d Avenue Northeast;
thence south to 1"Street Northeast;
thence south across the west property line of the property located at the northwest corner of East Main Street and 4th
Avenue Northeast;.
thence south crossing over Main.Streetto the rear lot line of properties on the north side of Cannel View Drive;
thence west to the rear lot line of properties on 1"Avenue Southeast;
thence south to the south property line of the property located at the southeast corner of 4d' Street Southeast and 1"
Avenue Southeast;
thence west to the alley between 111 Avenue Southeast and South Rang e Line Road;
thence north to 1'st Street Southeast;
thence west to 2nd Avenue Southwest;
thence south to 2nd Street Southwest;
thence west to 4th Avenue Southwest;
thence north to the northwest corner of the property located on the northwest corner of West Main Street and 1" Street
Northwest;
thence east to the Monon Greenway;
thence north on and along the Monon Greenway to the southern boundary of Bethenridge Subdivision;
thence east to l st Avenue Northeast;
thence north to the northern boundary of Bethenridge Subdivision;
thence west to the Monon.Greenway;
thence north on and along the Monon Greenway to the beginning.
Boundaries are further described by the map in Figure 1. Within the District, land is further subdivided into
Sub-Areas, which describe different land use and design guidelines. The boundaries of the Sub-Areas are hereby
established as shown on Figure I.
23D.02 Application of Guidelines of the Overlay District.
• A. Buildings covered by the Guidelines.
Any alteration,addition or new construction within the,Old Town District that requires a building permit must be
reviewed for conformance with,these guidelines. Wherever there exists a C-2/Old Town District within the Old
Town Overlay District,thddevelopment standards and procedures of the C-2/Old Town District shall govern.
B. Contributing Buildings and Non-contributing.Buildings.
1. Definition.
a. Contributing-Buildings are those that have certain characteristics that are in keeping with
historical construction in the Old Town District.
b. Non-contributing Buildings,usually built later,do not have many of these characteristics. The
aim of the guidelines is to preserve or create contributing characteristics where it is possible to
do so.
2. Application of guidelines. Some of the guidelines are directed only at Contributing Buildings and are
not applicable to Non-contributing Buildings. Figure 3 designates the Contributing and Non-
contributing Buildings. Such designation may be reviewed and revised at any time by the Director,
using,the criteria established in 23D.03(C).
3.- New construction. New buildings must be built with the characteristics of Contributing Buildings,
except for Accessory Buildings added to a property where the Principal Building is Non-contributing.
Chapter 23D:Old Town District Overlay Zone
23D-2
as adopted.per t-374-.02;As amended per Z-453-04;Z-523-08;Z-545=10;Z-552-11;Z-560-12;Z-561-12;Z-577-13;Z-580-13
Autumn 2013 v 1
CITY OF CARMEL ZONING ORDINANCE
4. Reconstruction. Redevelopment or reconstruction of a property where the existing building has been
demolished will be considered new construction,regardless of the=classification,of buildings previously
existing on that site,except as provided in Section 23D.02(B)(5).
5. Demolition. No Contributing Building,or any part of it may be demolished in this overlay without the
consent of the Director. Before receiving any permits or undertaking any work that constitutes
demolition, the applicant must comply with Section 23D.04:Submittal Process/Application Procedure of
this Ordinance.
a. The Director shall only consider the following when determining whether a building or any
part of it may be demolished:
i. Structural conditions pose an imminent safety hazard.
ii. An advanced state of dilapidation or fire damage.would make it unfeasible to repair
the building for any reasonable economic use.
iii. Significance. The Director shall consider the architectural and historical
significance of the structure individually, in relation to the street, and as a part of the
•
district as a whole. These same considerations will be given to parts of the building.
The Director will also consider how the loss of a building, or a portion thereof, will
affect the character of the overlay district,the neighboring buildings,and,in the case
of partial demolition, the building itself. Buildings that,are noted as non-contributing
shall be researched to confirm that there is no obscured architectural or historical
significance.
In making its determination of significance,the Director shall consider the following;
1. Architectural and historic information and significance.
2. Information contained in the district's National Reg ister nomination (if one
exists).
3. The Hamilton County Interim Report, as amended,published March 1992 by the
Historic Landmarks Foundation of Indiana.
4. Information contained in any other professionally conducted historic surveys
pertaining to this district:
5. The opinion of Staff.
6. Evidence presented by the applicant.
7. Evidence presented by recognized experts in architectural history.
iv. Replacement: Demolition of a structure may..he justified when; in the opinion of
the Director, ,.the proposed new development with which it will be replaced is of
greater significance to the enhancement of the overlay district'than-retention of the
existing structure. This will only be the case when the structure to be demolished is
not of material significance; the loss of the structure will have minimal effect on the
historic character of the district, and the new development will be compatible,
appropriate and beneficial to the district.
To afford the Director the ability to consider demolition on the basis of replacement
development, the applicant shall submit the following:
1. information required by Section 23D.04: Submittal Process/Application
Procedure of this Ordinance;
2. •a scaled streetscape drawing showing the new development in its context,
including at least two buildings on either side;and
3. other pertinent documents deemed:relevant by the Director.
Section 23D.020)(5)amended per Ordinance Z-523-084a;Z-545=10;Z-552-11;Z-560-12;.Z-580-13.
Chapter 23D: Old Town District Overlay Zone
23D=3
as adopted per Z-374-02;As amended per Z-453-04;Z-523-08;Z-545-10;Z-552-11;Z-560-12;Z-561-12;Z-577-13;Z-580-13
Autumn 2013 v t
CITY OF CARMEL ZONING ORDINANCE
b: For the purpose of this Overlay ordinance,demolition shall be defined as the razing,wrecking,
or removal by any means of the entire or partial exterior of a structure. The following
examples are meant to help define demolition and are not all-inclusive:
i. The razing,wrecking,or removal of a total structure.
ii. The razing, wrecking, or removal of a part a structure, resulting in a reduction in its
mass,height or volume.
iii. The razing,wrecking,or removal of an enclosed or open addition.
c. Some work that may otherwise be considered demolition may be considered rehabilitation, if
done in conjunction with Site Plan and Design Review, per Chapter 23D.04. Examples of
rehabilitation include:
The removal or destruction of exterior siding and face material, exterior surface
trim and portions or exterior walls.
ii. The removal or destruction of those elements which provide enclosure at openings in
any exterior wall(e.g.,window units,doors,panels.)
iii. The removal or destruction of architectural, decorative or structural features
and elements which are attached to the exterior of a structure (e.g., parapets,
cornices, brackets,chimneys.)
d. Examples of work not included in demolition: •
i. Any work on the interior of a.structure.
ii. The removal of exterior utility and mechanical equipment.
The removal, when not structurally integrated with the main structure, of awnings,
gutters,downspouts,light fixtures,open fire escapes,and other attachments.
iv., 'The removal of signs.
v. The removal of paint.
vi. The removal of site improvement features such as fencing, sidewalks, streets,
driveways,curbs;alleys,landscaping and asphalt.
vii. The replacement of clear glass with no historic markings.
NOTE: Items ii-vi may be considered rehabilitation and require a Site Plan and
Design Review,per Chapter 23D.04 and a.Letter of Grant.
e. However;'where:.a building has been demolished due to fire,or other accident or disaster that is
customarily covered by insurance,the owner may reconstruct the property in accordance with
the applicable guidelines in Section 23D.03,or in substantially the same design as existed prior
to the accident,.after he/she receives Site Plan and Design Review, per Section 23D.04 and a
Letter of Grant.
f. Sunset Provision. The provision of this subsection, 23D.02.B.5, as amended per ordinance Z-
523,-08,shall expire,on December 31,2014.
C. Characteristics,of Contributing Buildings.
Buildings shall be considered Contributing, regardless of age, if they were originally built with all of the
following characteristics,or if they have been altered to conform with these characteristics:
1. The following are characteristic of Contributing Buildings in the Character Sub-Area and the Historic
Range Line,Road Sub-Area:
a. Small lots and small size houses,compared to Carmel's later subdivisions.
b. Narrow house fronts compared to length.
c. Hip or gabled roofs.
Chapter 23D: Old Town District Overlay Zone
23D-4
as adopted per Z-374=02;As amended per'Z-453-04;Z-523-08;Z-545-10;Z-552-11;Z-560-12; Z-561-12;Z-577-13; Z-580-13
Autumn 2013 v 1