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CARMEL BOARD OF ZONING APPEALS | HEARING OFFICER
DEPARTMENT REPORT
FEBRUARY 24, 2019
(V) The Overlook at the Legacy, Lot 23.
The applicant seeks the following development standards variance approvals:
2. Docket No. 19120009 V Legacy PUD, Section 5.2, Exhibit 8 Min. 25’ front setback
required for houses with front load garage, 20’ requested.
3. Docket No. 19120010 V Legacy PUD, Section 5.2, Exhibit 8 3’ garage setback from
house face required, 3’11” in front of house face requested. The site is located at 7227 Delmont Dr.
and is zoned Legacy PUD Ordinance Z-501-07. Filed by Dawn Barnett and Randy McNutt of Drees
Homes.
General Info & Analysis:
The Petitioner seeks variance approval to place a house with attached front load garage 5-ft closer to the street
than allowed, as well as variance approval to have the garage not be setback 3-ft further than the front face of
the house. Delmont Drive is a frontage road that runs parallel with Cherry Creek Blvd. Please see the
Petitioner’s informational packet for more detail on the variance request.
The Legacy Planned Unit Development Ordinance has different minimum front yard building setback standards
for houses with a front-load garage versus a side-load, court-load, or rear-load garage. Also, the development
standards state that garages need to sit back 3-ft further than the front face of the house.
The proposed front yard setback for the entire house/garage structure is 20-ft from the street, rather than 25-ft.
This is a variance of 5 feet.
Also, the floor plan / design of this house shows the garage face being located approximately 3’11” in front of
the front face of the house; however, there is a covered front patio structure with columns that ties the two
portions together, so that the garage face sits approximately 2-ft behind the front line of the front covered patio
and its columns (please see the floor plan and exterior architecture elevations in the Info Packet).
The other limiting factor on this lot is that a 25-ft rear yard setback is platted on the lot, which is a building
setback from the White River 100-year flood elevation.
Not many of these types of homes will be built within this subdivision. Drees purchased the 10 remaining lots
of the 31-lot development to build their product on.
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 Nos. 19120009-10 V.