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HomeMy WebLinkAboutDepartment Report 12-14-201 of 3 CARMEL BOARD OF ZONING APPEALS | HEARING OFFICER DEPARTMENT REPORT MONDAY, DECEMBER 14, 2020 (V) Hinkebein Home Lot Cover Variance. The applicant seeks the following development standards variance approval: 1. Docket No. PZ-2020-00183 V UDO Section 3.64.C.3: Max. 45% lot cover allowed, 49.9% proposed. 2. Docket No. PZ-2020-00195 V UDO Section 5.78.J: Window wells cannot project more than 24” into a required yard, 46” projection proposed. The site is located at 510 2nd Ave NE (CW Weidler’s Addition Lot 34). It is zoned R3/Residence and Old Town Overlay, Character Subarea. Filed by John Hefton of Old Town Design Group. General Info & Analysis: The Petitioner seeks approval to construct a new 1.5-story house with attached 2-car garage on a vacant lot in the Old Town Overlay District. The lot is 51.23’ wide, and the proposed house is 41.5’ feet wide. Variances are requested for lot cover and for window well encroachment. These are the only two variances needed. The proposed house will meet all other development standards required by the Old Town Overlay District, Character Subarea, such as building setbacks, building width, building height, etc. The house design and site plan are also going through administrative Site Plan & Design Review (SDR). Please see the Petitioner’s informational packet for more detail on the variance requests. Lot Cover: The Unified Development Ordinance (UDO section 3.64.C.3) requires the following for maximum lot coverage for Single-family Residential: 45% of the area of the Lot. The proposed lot cover is 49.9%. This is a variance of 4.5%. The Petitioner is working with the Carmel Engineering Dept. to address all their grading and drainage comments. The Petitioner will also be required to pay the Alley/Stormwater Fee as well, since they will be exceeding the lot coverage requirement and not providing on-site stormwater detention. Window Wells: The Unified Development Ordinance (UDO section 5.78.J) requires the following for window wells: Sills, belt courses, window air-conditioning units, window wells, cornices, and ornamental features may project into a required yard a distance not to exceed 24 inches (2 feet). The proposed window wells will encroach into the 5-ft wide side yard building setbacks by 21.9 inches and 45.96 inches (1.83 feet and 3.83 feet). The maximum encroachment allowed into the building setback is 24 inches (2 feet.) This is a variance of 1.83 feet, or 91.5%. The proposed window wells will be 3.17’ and 1.17’ feet from the side property lines. (The house will also have a cantilevered area on the first floor that will encroach 2-ft into the 5-ft southern building setback.) The basement floor plan shows 3 windows wells, and they will be for 2 bedrooms and a basement living area. The basement living area’s window well is proposed to be 11’1” wide and 3’ deep from the house face. The window wells for the bedrooms will be 4’10” wide and 3.83’ deep from the house face. Regarding window wells, the Building Code only requires a minimum of 3-ft deep egress, or a total of 9 sq. ft. for egress, with a horizontal projection and width of not less than 36 inches (3 feet). A basement living area will not require an egress window per the building code, unless it’s the only room in the basement, and then the basement needs at least one egress window. A window well can be any size, unless it’s the only window in the basement; then, it needs to be 3’ minimum. (So, it is possible for the basement living area window well to be modified or removed.) 2 of 3 With the window wells being located within 1.17 feet of the north property line, will there be an issue with trespassing onto the adjacent property to be able to maintain the subject site, as with lawn mowing, weed whacking, and the like? Remaining Review Comment: Petitioner, please provide details on the design and look of the window well grates/covers, if any are proposed. (Window well coverings or guards are not necessarily required by the building code in this instance, however one of the southern window wells will be located within 3.17 feet of the public sidewalk. If the Petitioner chooses to add a window well covering, it will most likely be of a metal grate design.) Final Comment: The Petitioner addressed all but one of the planning/zoning review comments, and the Planning Dept. supports these variance requests, with one or all of the following amendments: 1.) shift one of the window wells to the rear, 2.) reduce the size of the basement living area window well, and/or 3.) remove the basement living area window well since it is not needed for life/safety (but keep the bedroom window ones). 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-2020-00184 V and PZ-2020-00188 V with one or all of the following conditions of approval: 1.) shift one of the window wells to the rear, 2.) reduce the size of the basement living area window well, and/or 3.) remove the basement living area window well since it is not needed for life/safety (but keep the bedroom window ones).