HomeMy WebLinkAboutDepartment Report 10-28-195
CARMEL BOARD OF ZONING APPEALS – HEARING OFFICER
DEPARTMENT REPORT
OCT. 28, 2019
(V) Ripberger Residence, Pergola Setback.
The applicant seeks the following development standards variance approval:
6. Docket No. 19090027 V Silvara PUD Sections 5.2 & 6.1 Min. 10’ side setback for primary
structure and 5’ setback for accessory structure required, 0-ft proposed. The site is located at
12094 Sigillary Way (Lot 19 in The Hamlet at Jackson’s Grant). It is zoned Silvara PUD/Planned Unit
Development. Filed by Craig Miles of McKenzie Homes.
General Info & Analysis:
The Petitioner seeks variance approval to construct a louvered smart pergola on the side property line, not
providing a 5-ft side yard setback. The site is a narrow lot that is only 41.7 feet wide, and the house is 35.3 feet
wide. The homes in this development are built similar to a ‘zero lot line’ development, where the sides of one
home help frame out the side yard/backyard area of the adjacent neighbor. This subject lot is located on the end
of a row of homes, adjacent to Common Area. Please see the Petitioner’s informational packet for more
detail on the variance request.
The site is governed by the Silvara Planned Unit Development Ordinance. PUD section 5.2 refers back to
Carmel Zoning Ordinance Chapter 25 for setbacks for accessory uses and structure. This is the version of the
zoning ordinance that was in place prior to the Unified Development Ordinance (UDO) that is in place today.
Located to the side of this lot is open common space area which is also a blanket easement. The structure will
not impede on any adjacent homeowner and will not encroach into the easement.
The Petitioner addressed all planning/zoning review comments except the one item below, and the Planning
Dept. supports this variance request:
a) Please provide the filled out & notarized Petitioner’s Affidavit of Notice of Public Hearing form (found in
the Variance Application).
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. 19090027 V.