HomeMy WebLinkAboutDepartment Report 07-22-20194
CARMEL BOARD OF ZONING APPEALS – HEARING OFFICER
DEPARTMENT REPORT
JULY 22, 2019
(V) Water Front of West Clay & Sanctuary at 116th Street, Front Setbacks.
The applicant seeks the following development standards variance approval for 80 lots:
4. Docket No. 19060022 V UDO Section 2.04 (and ZO Section 26.02.07) Minimum 40-ft
front yard setbacks required in S1 (Minimum front yard for dwelling with attached, side-loading
garage is 15’ and garage must be set back a minimum of 25’ required in S1/ROSO III); 20’
garage setbacks requested. The sites are located at approximately 11865 West Rd. It is portions of the
Waterfront of West Clay and the Sanctuary at 116th Street subdivisions, zoned S1/Residence – ROSO
III. Filed by Paul Shoopman Home Building Corp, Inc.
General Info & Analysis:
The Petitioner seeks variance approval to allow 80 lots within the subdivision to have side-load garages that are
located 20-ft from the street right of way. The Residential Open Space Ordinance that was in place at the time
the subdivision plat was approved around 2003 required that these types of garages to set back as least 25-ft,
and that the Dwelling face could be located 15-ft from the street right of way. This is a garage setback variance
request for 5-ft. Please see the Petitioner’s informational packet for more detail on the variance request.
The ROSO (Residential Open Space Ordinance) standards were in effect in 2003. It allowed for a developer to
be able to plat smaller lots with smaller setbacks and no lot coverage, as an incentive to provide larger common
areas and open space areas.
In the old zoning ordinance section 26.02.07, it stated: Required Front Yards in residential districts shall be
devoted entirely to landscaped area except for Frontage Places, guest parking and the necessary paving of
driveways and sidewalks to reach parking or loading areas in the Side or Rear Yard. The Minimum Front Yard
of any Lot in a Qualifying Subdivision utilizing relaxed Front Yard standards per Section 7.00.01 of the
Subdivision Control Ordinance shall be as follows:
A. Dwelling with attached, front-loading garage: Twenty (20) feet.
Garage must be set back a minimum of twenty-five (25) feet.
B. Dwelling with attached, side-loading garage: Fifteen (15) feet.
Garage must be set back a minimum of twenty-five (25) feet.
C. Dwelling with attached, rear-loading; or detached, alley-access garage: Ten (10) feet.
The proposed home elevations are well appointed with higher quality building materials and a lot of design
details. The main garages will be side-loading, and a few smaller 3rd car garages will be facing the street, but
they will be set back around 21-25-ft further back from the front of the house/garage structure.
The Petitioner addressed all planning/zoning review comments, and the Planning Dept. supports this
variance request.
Petitioner’s Findings of Fact:
Please refer to the petitioner’s Findings of Facts included in their info packet.
Recommendation:
The Dept. of Community Services recommends positive consideration of Docket No. 19060022 V.