HomeMy WebLinkAboutDepartment Report 04-26-21
9 of 19
CARMEL BOARD OF ZONING APPEALS - REGULAR MEETING
DEPARTMENT REPORT
MONDAY, APRIL 26, 2021
(A) Appeal, 130 1st Ave NW Demolition Request.
The applicant seeks to appeal the Director’s denial of a demolition request:
2. Docket No. PZ-2020-00169 A UDO Section 3.61.B No Character Building, or any part
of it, may be demolished in the Old Town Overlay District without the consent of the Director of
Community Services. The site is located at 130 1st Ave NW. It 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 appeal the Director’s denial of a request to demolish a Character Building
located within the Old Town Overlay, Character Subarea. Please see the Petitioner’s informational packet
for more detail on the appeal request.
Administrative SDR (Site Plan & Design Review) is being done for a new home with garage that will take the
existing home’s place, in order to construct a new 1.5-story house with attached 2-car garage (docket no PZ-
2020-00145 SDR). This SDR proposes demolition of the single-family dwelling that currently occupies the
property, a Character Building in the Old Town Overlay District. The existing house is a 1930s bungalow style,
originally classified in 2002 per ordinance Z-374-02. It was one of 517 Contributing Buildings throughout the
Old Town Overlay District for having a design and features that are in keeping with historical construction. It is
also rated ‘Contributing’ in both the 2014 Historic Preservation Commission Historic Contributing Buildings
Survey (CC-11-03-14-04) and the 2008 Ball State University Old Town Carmel Survey. The house was re-
designated in 2016 as a Character Building in the Old Town Overlay District, included with an amendment to
the Overlay, ordinance Z-607-15. It was that 2016 amendment which narrowed the original list of 517
Contributing Buildings in Old Town to 65 Character Buildings, that were agreed upon as the ‘best of the best’,
with this house at 130 1st Ave NW being one of them.
When making a decision about Character Building demolition, UDO Section 3.61.B of the Old Town Overlay
District regulations provides four principal criteria to guide decisions when determining whether demolition
will be allowed:
a. Structural conditions of the building that pose an imminent safety hazard.
b. An advanced state of dilapidation or fire damage would make it unfeasible to repair the building for any
reasonable economic use.
c. Significance: the architectural and historical significance of the structure individually, in relation to the
street, and as a part of the district as a whole.
d. Replacement value, if it is determined that the proposed new development is of greater significance to the
enhancement of the District than retention of the existing structure.
Inspection of the premises by Carmel Building Commissioner Jim Blanchard and the Planning Director on
October 6, 2020 revealed the home to be in very good condition, inside and out. The City’s records for the
property indicate it was renovated in 2010 (permit #10060088). The original foundation appears sound,
structurally, with minor water infiltration visible in the basement which could be mitigated to remove that and
musty odor issues. Thus, neither criteria a. or b. would apply when considering this proposed demolition, as the
house is in like-new condition, without visible structural or safety issues.
The Significance of this house is not in its grand size or physical presence, but for its thoughtful representation
of the historic bungalow style and the positive impact it has on the surrounding area and the Old Town District
10 of 19
overall. Our understanding of its Significance is in the classic design styling and scale of the house, its relation
between the front-porch and the street, and the presence of mature trees - all of which combine to make this a
unique property and contributing resource to the District; especially when viewed in combination with other
adjacent and nearby Character Buildings at 121, 131, 140, and 240 1st Ave NW.
The simple architectural features which were the basis for Ball State’s rating this house as ‘Contributing’ in
2008 were largely removed and upgraded with the 2010 renovation project, which was a major rebuild
including new wood framing and roof, new electrical and mechanical, and new/updated finishes inside and out.
In many ways, the house appearance today is more historic than when originally ranked in 2008, as referenced
in the architectural Description in the Historic Preservation Commission’s 2014 Survey and Contributing
ranking.
While it is noteworthy that the proposed Replacement house, currently being reviewed as SDR Application PZ-
2020-00145 SDR, is of greater size with a greater monetary value than the Character house it wants to replace,
it is less clear how the Replacement house will improve the character of the District, except for its significant
monetary value.
That is why, after careful consideration of the ordinance criteria for demolition, and; after review of pertinent
written documentation for this Character Building, and; after consultation with Building Commissioners and
other Department of Community Services staff, and; after inspection of the house, lot, tree cover, and
surrounding property; it is the Planning Director’s opinion the proposed Replacement house will not be of
clearly greater significance to the enhancement of the Overlay District – versus the negative impact on the
District from loss of the house and tree cover. And that is why the request to demolish the Character Building
at 130 1st Avenue NW was denied. The Planning Dept. does not support this appeal request.
Review Comments:
There are no outstanding review comments.
Petitioner’s Findings of Fact:
The negative Findings of Fact will be written up by the Carmel Dept. of Law.
Recommendation:
The Dept. of Community Services recommends negative consideration of PZ-2020-00169 A, so that the home
does not get demolished.
(Should the Board vote to approve the appeal, the Dept. requests a condition of approval be the preservation of
the existing maple street tree located by the sidewalk, which looks structurally sound and is a candidate for
preservation.)