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HomeMy WebLinkAboutDepartment Report 01-25-213 CARMEL BOARD OF ZONING APPEALS | HEARING OFFICER DEPARTMENT REPORT MONDAY, JANUARY 25, 2021 (V) Lapel Home Variances. The applicant seeks the following development standards variance approvals: 4.Docket No. PZ-2020-00217 V UDO Section 3.64.C.3: Max. 45% lot cover allowed, 49% proposed. 5. Docket No. PZ-2020-00218 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 130 First Ave NW and is zoned R4/Residence and Old Town Overlay Character Subarea. Filed by John Hefton of Old Town Design Group. General Info & Analysis: The Petitioner seeks approval to build a new 1.5-story house with attached 2-car garage in the Old Town Overlay District. The parcel of land is 50-ft wide, and the proposed house is 39.57-ft 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%. This is a variance of 4%. 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 45.6 inches (3.8 feet at most). The maximum encroachment allowed into the building setback is 24 inches (2 feet.) This is a variance of 1.8 feet, or 90%. The proposed window wells will be located 1.9-ft and 1.2-ft from the side property lines. The basement floor plan shows 3 windows wells, and they will be for two bedrooms and a living room. The living room window well is proposed to be 3-ft deep from the house face. The window wells for the bedrooms will each be 3.8-ft 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 Living Room 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 widest window well (the one proposed in the Living Room) be modified.) With the window wells being located within 1.9-ft and 1.2-ft feet of the neighboring properties, will there be an issue with trespassing onto adjacent properties to be able to maintain the subject site, as with lawn mowing, weed whacking, and the like? The Petitioner addressed all the planning/zoning review comments, and the Planning Dept. supports these variance requests, with one or all conditions listed in the Recommendation, below. 4 Remaining Review Comment: Regarding window well grates/covers, the Petitioner will most likely install something similar to a metal grate looking window well cover, or it will be an approved fence/barrier around the wells. (Window well coverings or guards are not necessarily required by the building code, in this instance. If the Petitioner chooses to add a window well covering, it will most likely be of a black metal grate design.) 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 Docket Nos. PZ-2020-00217 V and PZ-2020-00218 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 Living Room window well, and/or 3.) remove the Living Room window well that is not needed for life/safety (but keep the bedroom window wells).