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CARMEL BOARD OF ZONING APPEALS | HEARING OFFICER
DEPARTMENT REPORT
MAY 15, 2020
(V) Clay Corner Lot Cover Variances.
The applicant seeks the following development standards variance approval for Lots 41 and 42:
1. Docket No. PZ-2020-00034 V Clay Corner PUD Ordinance Z-621-16, Section 4.29.C.7
Maximum 50% lot cover allowed, 60% requested.
The sites are zoned PUD/Planned Unit Development. They are located along Jensen Dr., near the corner
southwest of Main St. and Clay Center Rd. Filed by Jim Shinaver and Jon Dobosiewicz of Nelson &
Frankenberger, LLC, on behalf of Lennar Homes of Indiana, Inc.
General Info & Analysis:
The Petitioner seeks variance approval from Section 4.29(C)(7) of the Clay Corner PUD Ordinance to permit
60% maximum lot coverage for Lots 41 and 42 in the Clay Corner Subdivision, where only a maximum of 50%
is permitted. Please see the Petitioner’s informational packet for more detail on the variance request.
The lots are located at 1551 and 1547 Jensen Drive. Things that count toward lot cover are building footprints,
driveway areas, patio areas, sidewalks, etc. Lot 41 proposes to have a 52.8% lot coverage, and Lot 42 proposes
to have a 56.3% lot cover. The variance request for up to 60% is ‘just in case’ they need to add additional
hardscape to the site, such as a patio or similar upgrade.
The Carmel Engineering Dept. has reviewed the petition and is comfortable with it being approved. The
existing stormwater detention pond for the neighborhood can handle the additional lot coverages. When looking
at the lot coverage for each lot in the neighborhood, some have less than the allowed 50% [so, in a way, it will
all balance out.] Overall, there is a lot coverage balance in the subdivision project that causes no negative
impacts to property or the stormwater management system.
On a related note, the legal counsel for Lennar does not want the variances for lot coverage to apply to lots in
the subdivision not owned by Lennar. This means the variance would only apply to the final two lots in the
subdivision. If the variance is approved, a Director’s Determination letter will be prepared that will apply to the
balance of lots in the subdivision. The determination will be sent to the affected owners in the subdivision, plus
surrounding adjacent landowners, who can then appeal the determination (should they choose to) within 30
days, per UDO section 9.01.
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. PZ-2020-00034.