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CARMEL BOARD OF ZONING APPEALS | HEARING OFFICER
DEPARTMENT REPORT
MONDAY, SEPT. 28, 2020
(V) L'Etoile Variances.
The applicant seeks the following development standards variance approvals:
5. Docket No. PZ-2020-00140 V UDO Section 5.06.D.3 Wide Lot width – at least 2 principal
buildings required, covering 85% of lot frontage; only 1 principal building requested, but it covers
95% of lot frontage
6. Docket No. PZ-2020-00141 V UDO Section 5.06.E Stepback – cannot have more than 3
stories in the same vertical plane (this contradicts Article 5.16.C UC, Height Standards, which says
stepbacks are only required if the public ROW is 90’ or less. The ROW on Main Street is 120’.)
The 0.78 acre site is located at 833 W. Main Street and is zoned UC/Urban Core. Filed by Dan Moriarity of
Studio M Architecture on behalf of the owner, Aziz Mamaev.
General Info & Analysis:
The Petitioner seeks approvals of two variance requests relating to number of buildings and relating to building
step-back. The DP/ADLS petitions for the project were approved at the August 6, 2020 Plan Commission
Commercial Committee meeting (docket no. PZ-2020-00072 DP/ADLS) with the understanding that two
variance approvals were still needed from the BZA. The proposed mixed-use building will offer co-working
office space and possible retail spaces in the future, with residential uses above. Parking is included through a
parking deck on the rear portion of the site. To the west is the Rosewalk on Main Senior Living facility, zoned
UR/Urban Residential. To the east is the Big O Tires building zoned UC/Urban Core. To the south is the
Guilford Trails Townhome subdivision, zoned UR/Urban Residential. To the north across Main Street is the
Shell gas station and convenience store, as well as other shops, also zoned UC/Urban Core. Please see the
Petitioner’s informational packet for more detail on the variance request.
Variance Requests:
• Lot Width/ Number of Buildings – At least two principal buildings are required to cover 85% of the lot
frontage. Only one principal building is proposed, but it will cover 95% of the lot frontage.
• Building Stepback - Cannot have more than 3 stories in the same vertical plane (this contradicts Article
5.16.C UC Height Standards, which states step backs are only required if the public ROW is 90’ or less.
(The street right of way on Main Street is 120’.
Site Plan & Engineering: The site is square in shape, with access only from Main Street. The building and
parking deck will take up to 95% of the lot’s area. 100% lot coverage is allowed in the UC district. Site flow
will direct vehicles to enter and exit on the far west and east ends of the site. The west entrance will go directly
to the first-floor parking area and the east entrance will go directly to the second floor of the parking deck. 81
parking spaces are proposed within the garage. The UDO requires 1.2 spaces per dwelling unit, which means 72
spaces are required. 40 parking spaces on the first level and 41 spaces are on the second level. On the second
level of the parking deck, the Petitioner would like to utilize solar panels to provide shade for the cars, but also
provide power for the building.
20’ of street right-of-way width will be dedicated to the City to bring this portion of Main Street up to the
required 60’ half right-of-way required by the Thoroughfare Plan. (Main Street is a Parkway Arterial Street
which requires 120’ total right-of-way.) Stormwater for the site will be handled by underground detention
chambers. A bioswale area is proposed along the street for added water filtration. The Engineering Dept. is
working with the Petitioner to finalize these plans.
The front patio will have pavers in the seating area sections and concrete for the sidewalks. A low fencing/wall
will be placed along the edge of the patio area between it and the asphalt path. Tables, chairs, planter boxes, and
a fire pit are proposed. Bike parking spaces are also proposed within the front patio area. Trash will be handled
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on the interior of the building/parking deck, with multiple containers/units for the residents to utilize.
Active Transportation: A 10’ wide asphalt path is proposed along Main Street, which will connect to the
sidewalks on the neighboring parcels. Bicycle parking will be provided with 4 racks (8 spaces) for short term
spaces in the front of the building. 46 long term (26 of those will be secured) spaces are proposed within the
garage and building.
Architectural Design: The 6-story tall building is proposed to be entirely brick and glass. There will be two
colors of brick – a dark gray and a light gray/almost white. Recessed balconies are proposed for most of the
units and will help provide relief and create visual interest along the facade. (The center studio units of each
floor will not have a balcony.) The brick work will be very detailed throughout the entire building. There are
tall pilasters (like a column) on both the west and east facades, some areas will have protruding rows of bricks,
and some areas will be recessed to give definition and variety. There will also be soldier course rows (bricks
standing on end) to provide additional details over the windows and first floor spaces.
These details mentioned in the brick design are important because there are no stepback required for the façade,
meaning each floor is right above the other. In the UDO, there are two sections that mention a stepback
requirement. One is in the Architectural Standards section for the UC District, and there is a requirement there.
It states that the 4th and higher floors must be stepped back at least 12’. However, in the Height section for the
UC District in the UDO, it says that facade stepbacks are only required when the street right-of-way is less than
90’. The Main Street right-of-way is 120’, therefore, the Petitioner designed according to this section and
without stepbacks. Both sections are in conflict and need to be revised. This was an oversight of the Department
when switching to the UDO and we have plans to fix this in our next “Patch” ordinance. The Petitioner will
seek a variance to not comply with the Architectural Standards section.
The other variance the Petitioner will seek is also from the Architectural Standards section – for not having two
buildings on this lot. The site is about 155’ wide, which puts it into the Wide Lot Width category. This category
requires two principal buildings which take up at least 85% of the lot’s frontage. The Petitioner is proposing for
one building to occupy 95% of the lot frontage. Staff is in support of this variance as the proposed building
meets the intent of this section, it is just not feasible to have two buildings.
Lighting: A lighting plan has been submitted for review.
Landscaping: Street trees will be provided along Main Street, along with bushes, grasses, and other shrubs to
enhance the patio seating area and front entrance to the building. The remaining yards – about 5’ on the west,
east, and south – will have shrubs planted. The Urban Forester has approved the Landscape Plan.
Signage: No signage is proposed at this time, however, could be submitted in the future for retail or office
tenants seeking signage. An ADLS Amendment application would be required and could be reviewed/approved
administratively by DOCS.
The Petitioner addressed all the planning/zoning review comments, and the Planning Dept. supports these
variance requests.
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. PZ-2020-00140 V and
PZ-2020-00141 V.