HomeMy WebLinkAboutLetter of DecisionDepartment of Community Services
One Civic Square, Carmel, IN 46032 Phone 317.571.2417 web: carmeldocs.com
Michael P. Hollibaugh, Director
L E T T E R of D E C I S I O N
July 26, 2022
Brian J. Tuohy
Tuohy Bailey & Moore LLP
50 South Meridian Street, Suite 700
Indianapolis, Indiana 46204
Re: Carmel Midtown Redevelopment Variances (Docket Nos. PZ-2022-00082, 84, 86, 87, 88, 89 V)
Dear Mr. Tuohy:
At the meeting held on Monday, July 25, 2022, the Carmel Board of Zoning Appeals took the following action regarding the Use
Variance (UV) and Development Standards Variance (V) requests filed for the property located at 210 3rd Ave SW (former AT&T
site) and 449 & 451 Emerson Rd. (Johnson Addition Lots 29 -30):
• DENIED 3-2 - Docket No. PZ-2022-00082 UV UDO Section 2.09 Permitted Uses, Office use in R2 zoning district
requested for Parcels C & D.
• DENIED 3-2 - Docket No. PZ-2022-00084 V UDO Section 2.10 Minimum 20-ft R2 residential rear yard setback
required, 5.7-ft requested for Parcels E & F.
• APPROVED 3-2 - Docket No. PZ-2022-00086 V UDO Section 2.36 Maximum 80% C2 lot cover allowed, 85%
requested for Parcels A, B, C & D.
• DENIED 4-1 - Docket No. PZ-2022-00087 V UDO Sections 5.19 Bufferyard Width - Minimum 30’ rear
bufferyard required; 15’ requested for Parcels C & D.
• APPROVED 4-1 - Docket No. PZ-2022-00088 V UDO Sections 5.19 & 5.21 Bufferyard Content - Hardscape
improvements and parking lot located in portion of bufferyards requested for Parcels A, C & D .
• APPROVED 5-0 - Docket No. PZ-2022-00089 V UDO Section 1.07 Transportation Plan Compliance: 90’, 56’, and
56’ street right of way widths required for 3rd Ave SW, Industrial Dr., and Emerson Rd.; Request for ROW widths as shown
on Site Exhibit.
Please be advised that per Article 9.15 of the Unified Development Ordinance, the three (3) aforementioned Development Standards
Variance approvals are valid for three (3) years. By that time, either continuous construction of the improvements must be underway,
or a written request for a one-time, six-month extension of the approval must have been received and approval granted by this
Department. The expiration date of the approval is July 25, 2025.
Also, please refer to the BZA Rules of Procedure regarding the applications that were denied and have an adverse decision.
If I can be of any further assistance, please do not hesitate to contact me at 317-571-2417 or aconn@carmel.in.gov.
Sincerely,
Angie Conn, AICP
Planning Administrator
Division of Planning & Zoning
cc: File