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November 16, 2018
Nelson & Frankenberger LLC
Attn: Jon C. Dobosiewicz
550 Congressional Blvd, Suite 210
Carmel, IN 46032
City of Carmel
Re: Woodland Terrace Garage Locations
Dear Jon:
Original Via Pick -Up
Via Email: jond@nf-law.com
The City of Carmel is responsible for enforcement of building codes, zoning ordinances, and similar codes or ordinances
related to residential and commercial development in the City of Carmel and Clay Township in Hamilton County, Indiana.
The subject parcel associated with Plan Commission Docket No. 11020013 DP/ADLS: Woodland Terrace Continuing Care
Retirement Community (CCRC) was zoned B-6/Business and U.S. Highway 31 Corridor Overlay Zone. As of January of
this year, it is zoned B6/Business and does not he within any overlay zone.
The approval of Plan Commission Docket No. 11030006 ZW was the zoning waiver approval for front yard building
setback. It allows for a 40 -ft front yard BSL, when a minimum of 60 -ft was required.
During your client's update and review of the property's ATLA survey, it was discovered that two of the garages located on
the western part of the site encroach slightly into the approved 40 -ft front yard building setback (0.9 feet and 4.8 feet,
respectively). The attached Exhibit shows the locations and setbacks measurements of the two garages in question.
Per the Unified Development Ordinance, the Director has the right to issue determinations per UDO section 1.27. I have
reviewed (i) the Letter of Grant referencing approval of Zoning Waiver 11030006 ZW allowing a 40' front setback for the
Woodland Terrace CCRC, (iii) the plans associated with the Woodland Terrace CCRC approved under Docket Number
11020013 DP/ADLS and (iii) a copy of the survey exhibit attached as Exhibit A, and determined that the two (2) garage
structures as illustrated on Exhibit A are in substantial compliance with the required 40' building setback as approved under
Zoning Waiver Docket Number 11030006 ZW. It is determined that the garage setbacks are in substantial compliance with
the required minimum 40 -ft setback that was approved. Encroachment of 4.8 feet and 0.9 feet does not necessitate the need
for a variance from the Board of Zoning Appeals.
Please let this letter serve as the official determination of the Director which can be appealed by anyone to the Board of
Zoning Appeals (BZA) within 30 days of this letter date, as authorized by LIDO Section 9.01.
Should you have any additional questions, please feel free to contact me at 317-571-2417 or mhollibaugh@carmel.in.gov.
Respectfully, /
/7//
Michael P. Hollig�or
Department of Community Services
City of Carmel, Indiana
CC: File
File: Woodland Terrace CCRC determination letter 2.doc
One Civic Square Carmel, IN 46032 317-571-2417
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