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HomeMy WebLinkAboutDepartment Report CARMEL BOARD OF ZONING APPEALS HEARING OFFICER DEPARTMENT REPORT N OVEMBER 7, 2017 (V) 11500 Shelborne Rd. Variances. The applicant seeks the following development standards variance approvals: 1. Docket No. 17090012 V ZO Chptr 25.01.01.B.3.a.i Accessory building to be located in front of primary structure. 2. Docket No. 17090013 V ZO Chptr 25.01.01.B.1 Accessory building height to exceed 18-ft. 3. WITHDRAWN - Docket No. 17090014 V ZO Chptr 25.07 Sign/structure in street right of way requested, 5-ft setback required. 4. Docket No. 17090015 V ZO Chptrs 3 & 27.03 Parking area located in the front Yard. Gravel material requested for parking lot. The site is located at 11500 Shelborne Rd. The site is zoned S-1/ Residence. Filed by Fay Duffner Varhan & Kral Varhan, owners. General Info: The petitioner seeks variance approvals related to a proposed guest house and parking area. Please see packet for more detail on the variance requests. Per Zoning Ordinance (ZO) Chptr. 25, one Guest House with cooking facilities may be permitted as an Accessory Building on lots containing not less than one acre. Also, per ZO Chptr. 25.01.01, Accessory Buildings and Uses customarily and purely incidental to those uses allowed in a given zoning district are permitted provided that: 1. An Improvement Location permit shall be required per the standards found in Chapter 7 of the Carmel City Code, 2. Accessory Buildings and Uses shall not alter or change the character of the premises; 3. Accessory Buildings and Uses shall be on the same lot as the Principal Building to which they are accessory; and so on. The 2-story main house is around 8,100 sq. ft. in size. The existing pole barn is around 3,000 sq. ft. And, the proposed guest house (first floor area only) is around 4,225 sq. ft. (Petitioner, please submit details regarding the proposed layout nd of the 2 Floor of the proposed building. Also, based off the current submittal, Staff does not see where bathrooms or bedrooms are proposed.) Analysis of Petitions: 1. Accessory building setback: A guest house is proposed for the southeast portion of the site. The accessory building will be located in front of the house, where the ordinance requires a front setback of at least 25-ft back from the front face of the primary building/house. The proposed setback for the front façade of the guest house is around 100-ft in front of the main . The existing house sits around 250-ft back from the street right of way, and the proposed guest house will sit 150-ft back from the street right of way. 2. Accessory building height: Accessory Buildings cannot be taller than 18-ft. The ZO definition of Building Height is: mansard roof and to So, it may be the case that a building is taller than 18-ft if measured up to the roof peak. Most of the proposed building will comply with this 18- ft maximum height regulation, and only a small portion of the building will be taller than 18 feet - Page 1 of 2 design element. The proposed design of the structure causes concern, such as the porte cochere, double front doors, and floor plan showing a large kitchen area, and no bedrooms or bathrooms delineated. Also, no attached garage is proposed, which is a common component of a guest house. Is another use being contemplated? 4. Gravel parking area in front Yard: 4a. Gravel material: The expansion of an existing gravel parking area is a part of this proposal. The Petitioner requests that the expanded parking area remain gravel. This contrasts with the residential area context; the surrounding residential area has home sites that utilize concrete and/or asphalt parking areas and driveways. The proposed site plan shows a gravel parking area that can accommodate around 29-42 cars (depending on which site plan one views). This seems excessive to have a parking area that large for just a guest house use and service vehicle parking uses. (Petitioner: Why is so much parking area proposed? Is another use being contemplated?) 4b. Location: The location of the gravel parking area is also part of this variance request. The Petitioner seeks approval to have a gravel parking area located in front of the proposed accessory structure, in the front yard area. The proposed parking area takes up most all of the yard area between the proposed guest house and the street. This is clearly out of character with the surrounding residential areas. The Zoning Ordinance defines Yard as: A space on the same Lot with a Principal Building which is open, unoccupied and unobstructed by Structures, except as otherwise provided in this ordinance, which is a maintained green area composed of grass and/or live plant materials. And, the Zoning Ordinance defines Yard, Front as: A Yard extending across the full width of the Lot between the Building Setback Line and the Front Lot Line which is unoccupied other than by steps, walks, terraces, driveways, lamp posts and similar Structures, the depth of which is the least distance between the Front Lot Line and the Building Setback Line. As currently proposed, the large gravel parking area in the front Yard will alter and change the residential character of the premises. It may be possible that the Petitioner can amend their site plan layout so that the driveway design layout looks and functions more like a residential circular drive (similar to what exists across the street and also exists at the main house on the subject site), where a cars could park on one side of that circular drive. That way, the overall character of the parking area would more closely resemble a residential driveway, not a commercial parking area. In turn, the overall character of the guest house will become consistent with the residential nature of the area. Planning Final Remarks: In general, Planning Staff can usually be in support of a request for a small guest house that is located in front of a house, where some of it might be taller than 18-ft, and where the parking area is sized proportionate to that use. It could also be conceived that small, personal social events could be hosted by the land owner in this type of structure. However, in this case, the parking area will end up being sized for approximately 29-42 cars (depending on which site plan one views), will be located in front of all building structures, and will be gravel in material. Also, the proposed design of the guest house appears more commercial in nature, with the drop off canopy (porte cochere), the double front door, the large kitchen size, and no bathrooms or bedrooms shown. Staff is concerned that this building going to be used for more than the occasional guest or small family get-together. The cumulative square footage of accessory buildings and large parking area on the site leads the Planning Dept. to believe that the intensity of the use of this site is not remaining residential in nature. The size and scale of the proposed accessory structure and of the parking area do not appear to be residential in character. If the accessory structure is going to be used more like a Party/Special Events structure and/or a Bed & Breakfast type of structure, then a BZA Use Variance approval will be required. The Planning Dept. is NOT supportive of the variance requests. Findings of Fact: The negative Findings of Fact will be drawn up by the BZA Attorney. Recommendation: The Dept. of Community Services recommends negative consideration of Docket Nos. 17090012 V, 17090013 V, and 17090015 V. Page 2 of 2