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HomeMy WebLinkAboutDepartment Report 02-22-215 of 17 CARMEL BOARD OF ZONING APPEALS | HEARING OFFICER DEPARTMENT REPORT MONDAY, FEBRUARY 22, 2021 (V) Cornell Home Variances. The applicant seeks the following development standards variance approvals: 6. Docket No. PZ-2021-00017 V UDO Section 5.78.J Window wells cannot project more than 24” into a required yard, 42” proposed. 7. Docket No. PZ-2021-00019 V UDO Section 3.64.C.11 Max. 30’ building height allowed, 31’7” proposed. 8. Docket No. PZ-2021-00020 V UDO Section 3.64.C.1 Max. 55’ building width allowed, 56’ 7” proposed. 9. Docket No. PZ-2021-00024 V UDO Section 5.02.C.7.a Pool/Decking must be 3’ from easement, 0’ setback from easement requested. The site is located at 130 3rd St NW (Mulberry Lane Subdivision Lot 3). It is zoned R3/Residence, Old Town Overlay Character Subarea, and Monon Overlay Natural Section. Filed John Hefton of Old Town Design Group. General Info & Analysis: The Petitioner seeks approval to build a new 2-story house with attached 2-car garage in the Old Town Overlay District. The parcel of land is 77.25-ft wide and 89 feet deep, and the proposed house is 56’7” wide. Variances are requested for window well encroachment, building height, building width, and pool setback. 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. (besides the other variances the 4 lot subdivision received for 55% lot cover and minimum 15-ft front setback.). 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. 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 15-ft wide side yard building setbacks by 42 inches (3.3 feet). The maximum encroachment allowed into the building setback is 24 inches (2 feet.) This is a variance of 1.3 feet, or 65%. The proposed window wells will be located 11’8” from the side property line. There will be a 15-ft setback between the house and the north property line. The window wells will encroach 3’4” into that setback area, but there will still be a clearance of 11’8” between the window wells and the north property line. From an engineering standpoint, the concern is that the window wells are also encroaching into a drainage easement and a BMP easement for stormwater management, not just a building setback area. It would be good for the Engineering Dept. to inspect the infiltration trench before the builder installs the window well when the cut is exposed, as well as after home construction. The top of the well will need to be at least 1 foot higher than the local emergency flood routing elevation (per the Engineering Dept., the elevation of the window well will be above that 100-year mark, and in this case it is 2 feet above, which is good.). The City Engineer is willing to allow the window wells into the easement, but the Engineering Dept. does have some comments/concerns: 1) The Engineering Dept. will require a standard Consent to Encroach approval for the window wells. 2) The BMP inside the easement would be within just a few feet of the basement excavation. The BMP is an infiltration trench. Although there is a subsurface pipe in it, it is possible there could be hydraulic connectivity between the trench and the basement, which could cause additional circulation of water through their sump pump. 3) The Engineering Dept. will want to do an inspection on the infiltration trench after the house construction. The basement floor plan shows the two window wells are proposed for a Playroom and for a Fitness room, along the north side of the house. There are no bedrooms proposed in the basement. The window wells for the two rooms will each be 3.3-ft deep from the house face. 6 of 17 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 Playroom or a Fitness 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. Regarding window well grates/covers, the Petitioner will most likely install something similar to a black 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. Building Height: The Unified Development Ordinance (UDO section 3.64.C.11) allows for a maximum 30’ building height in the Old Town Overlay Zone, and a 31’7” height is proposed. This is a variance of 1’7” or 5.3% increase. Per the UDO definition of Building Height, it is the vertical distance from the lot ground level to the highest point of the roof for a flat roof, to the deck line of a mansard roof and to the mean height between eaves and ridges for gable, hip and gambrel roofs. The existing and proposed houses to the south and west are 2 story tall homes. The house to the north is 1.5 stories tall, and the house to the east is 2 stories tall. Building Width: The Unified Development Ordinance (UDO section 3.64.C.1) requires a maximum of 55’ building width, and 56’ 7” is proposed. This is a variance of 1.58 feet, or a variance of 2.9% increase. Pool Setback: The Unified Development Ordinance (UDO section 5.02.C.7.a ) requires a Swimming Pool and its Decking must be located 3’ from any easement. 0’ setback from the easement is requested. This is a variance of 3 feet, or 100%. Remaining Review Comments: The Petitioner addressed all but two planning/zoning review comments (listed below), and the Planning Dept. supports these variance requests with the condition listed in the Recommendation at the end of this Dept. Report. • Engineering Dept. and Board of Public Works & Safety (BPW) approvals (and inspections) will be required for window well structures encroaching into the easements or for the pool structure being so close to the easement. (Please contact Jarrod Huff in the Carmel Engineering Dept.: jhuff@carmel.in.gov). • Guest Suite questions: Will the guest suite be used for guests, only? Will the guest suite be used for short term residential rentals, such as with AirBNB? Will the guest suite be rented out for long term rentals, such as year to year? 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-2021-00017 V, PZ- 2021-00019 V, PZ-2021-00020 V, and PZ-2021-00024 V with the condition that the Petitioner also receives final approvals and inspections from the Carmel Engineering Dept. and from the BPW (Board of Public Works and Safety) for the infiltration trench, window wells, and pool.