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HomeMy WebLinkAboutDepartment Report 06-28-213 of 10 CARMEL BOARD OF ZONING APPEALS | HEARING OFFICER MEETING DEPARTMENT REPORT MONDAY, JUNE 28, 2021 (V) Hale Residence Variances. The applicant seeks the following development standards variance approvals: 3. Docket No. PZ-2021-00090 V UDO Section 3.64.C Maximum 45% lot cover required, 58% requested. 4. Docket No. PZ-2021-00098 V UDO Section 5.79.J Window wells cannot project more than 24” into a required yard, 37” proposed. 5. Docket No. PZ-2021-00103 V UDO Section 3.64.C.11 Buildings shall not exceed the height of the tallest dimension of the nearest 2 Character Buildings by more than 7 feet. 32’ allowed, 33’- 9 3/8” requested. The site is located at 516 2nd Ave NE (CW Weidler’s Addition, Lot 33A). It is zoned R3/Residence and Old Town Overlay Character SubArea. Filed by Matt Huffman of the Old Town Design Group, LLC on behalf of Laura Hale, owner. General Info & Analysis: The Petitioner seeks approval to build a new single-family home in the Old Town Overlay Area. They seek variance approvals to increase their lot coverage from 45% to 58%, to increase their window well encroachments from 24” to 37” into the 5-ft wide side yard, and to increase the house height from 32’ to 33’- 9 3/8” . The house exterior architecture design and site plan are also going through administrative Site Plan & Design Review (SDR), as part of the building permit review process. Please see the Petitioner’s informational packet for more detail on the variance request. 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 58%. This is a variance of 13%. Things that count towards lot cover are pavement, sidewalks, house footprints, patios, etc. The Petitioner is working with the Carmel Engineering Dept. to address all their grading and drainage comments. The Petitioner will pay the Alley / Stormwater Fee as well, since they will be exceeding the lot coverage requirement and not providing on-site stormwater detention. This fee goes towards stormwater management projects in Old Town, such as permeable alleys that also have underground chambers that temporarily store rainwater. Window Wells: The Unified Development Ordinance (UDO Section 5.79.J) requires that Sills, belt courses, window air-conditioning units, window wells, cornices, and ornamental features may project into a required yard a distance not to exceed twenty-four (24) inches. The proposed window wells will encroach 37” in to the 5-ft wide side yard building setback. The window wells will be located within 1.5 feet of the side property lines. This is a variance of 13 inches, or 54% increase. The proposed north window well is required since it is for a Bedroom. It will project out 3-ft from the house wall and be 7’1” wide. However, the proposed south window well is for an Open Living/Games Room, and it is not required, so it can be eliminated or made smaller in size. (Right now, it is proposed to be 3-ft deep and 10’1” wide.) 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 ft). An Open Living/Games 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’ deep minimum. For the window well grates/covers, the Petitioner will most likely install something similar to a black metal grate looking window well cover. (Window well coverings or guards are not necessarily required by the 4 of 10 building code, in this instance. Building Height: The Unified Development Ordinance (UDO Section 3.64.C.11) requires that Buildings shall not exceed the height of the tallest dimension of the nearest two (2) Character Buildings by more than seven (7) feet. So, based on the heights of the nearest two Character Buildings to the subject site, this proposed house can be 32-ft tall. However, the Petitioner requests a house height of 33’- 9 3/8”. This is a variance of 1.78 feet, or 6 % increase. The Petitioner addressed all planning/zoning review comments, and the Planning Dept. generally supports this variance request. The need for the two lot variances is because the Petitioner did a replat with the lot to the south, resulting in a narrower, smaller lot. They created their own need for the two lot variances. However, the Petitioner offers the following statement to explain: Regarding the lot coverage, most lots from the original plat in this area are 50' wide or slightly larger. The opportunity came about to purchase a double lot on the corner that had a total of about 96' width, or 48' per lot. The shortage of that two feet, coupled with the location of the required 5' sidewalk along 5th Street pushing into the deeded property, drove a decision to widen 510 2nd Ave NE by 3', taking 516 2nd Ave NE to about 45'. A plan was designed for that lot that is fitting with the neighborhood and satisfies the 5' side yard setback requirements. However, the resulting difference of the 5-6' of lot width compared to typical lot widths in the neighborhood produced a lot coverage of 58%. Though that requires a higher variance for lot coverage than is usually sought, approval would allow construction of a desirable home that maintains the spacing and streetscape found in the neighborhood and would positively contribute to the same. 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 (DOCS) recommends positive consideration of PZ-2021-00090 V, PZ-2021-00098 V, and PZ-2021-00103 V, with the condition to remove or reduce the size of the Open Living/Games Room window well.