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CARMEL BOARD OF ZONING APPEALS
HEARING OFFICER: DEPARTMENT REPORT
February 27, 2006
6d. Arden Townhomes
The applicant seeks approval for the following development standards variance:
Docket No. 06020009 V (PUD Ordinance Z-482, Section 8.4) Perimeter PlantinglBufferyard
The site is located at 1940 E 136th St. and is zoned PUD/Planned Unit Development.
Filed by Jim Shinaver of Nelson & Frankenberger for Buckingham Properties, Inc.
General Info:
The petitioner is seeking a variance from
PUD ordinance Z-482-05, Section8.4,
Perimeter plantings. This section refers
back to the zoning ordinance for buffer
yard plantings in Chapter 26.04.
Bufferyard plantings relief is being sought
from the east property line.
Analysis:
The petitioner is working with the school,
just east, to create an easement which will
preserve the existing trees on the schools
property, in order to serve as a buffer yard
for the Arden town homes property, also.
There is concern by the Dept and the
urban forester that approval of this variance may set a precedent for future development to try and provide
buffer yards on parcels separate to the one they are developing. However, the Dept does realize that this is
a unique situation where the school, a public entity, is adjacent to the site, and an easement is being
recorded addressing the tree preservation.
Findings of Fact: east buffer yard
1. The approval of this variance will not be injurious to the public health, safety, morals and
general welfare of the community because: the petitioner and the school site to the east are
seeking to preserve existing mature trees along the east property line of the subject property,
through a preservation easement.
2. The use and value of the area adjacent to the property included in the variance will not be
affected in a substantially adverse manner because: the tree preservation easement will
preserve the existing mature trees along the east property line, keeping the buffer intact.
3. The strict application of the terms of the Zoning Ordinance to the property will result in
practical difficulties in the use of the property because: the petitioner will have to redesign
their town home project and/or eliminate buildings, which may not be feasible economically or
design-wise on the parcel, possibly affecting the project's overall appeal and character.
Recommendation:
The department recommends positive consideration of Docket No. 06020009 V with the condition that
the petitioner provide a copy of the recorded path easement which should include language about tree
preservation on the school site (along their west property line, which is also the east property line of
Arden townhomes).