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CARMEL BOARD OF ZONING APPEALS | REGULAR MEETING
DEPARTMENT REPORT
MONDAY, AUGUST 22, 2022
(V) Scott Residence Variances.
The applicant seeks the following development standards variance approvals:
1. Docket No. PZ-2022-00104 V UDO Section 3.64(c)(1)(b) – Maximum 55’ house width
allowed, 72’ requested.
2. Docket No. PZ-2022-00105 V UDO Section 3.64(c)(3)(d) – Maximum 90’ lot width allowed,
167.22’ requested.
3. Docket No. PZ-2022-00106 V UDO Section 3.64(c)(9)(a) – Minimum 8:12 roof pitch
allowed, 6:12 requested.
4. Docket No. PZ-2022-00107 V UDO Section 3.64(c)(6) – Maximum 12’ wide driveway
allowed at street; 21.5’ requested.
The site is located at 211 1st Ave SE. It is zoned R3/Residence and Old Town Overlay Character Subarea.
Filed by Andrew Wert of Church Church Hittle + Antrim on behalf of John Scott, owner.
General Info & Analysis:
The subject lot is located in the Old Town Overlay – Character Subarea. The house that existed on the parcels,
prior, was located approximately 21 feet from the sidewalk. That house was demolished in/around 2017.
Now, the Petitioner seeks approval to construct a new single family home that is 9,061 square feet in size with 4
bedrooms and an attached 3-car garage. He would also like to combine the two existing parcels of land into one.
The variances requested are for house width, lot width, roof pitch, and driveway width. Please see the
Petitioner’s info packet for more detail on the variance requests.
The surrounding properties are zoned R3/Residence to the north, west, and south. The property to the east is
zoned R2/Residence. The block northwest of this site will soon be rezoned to C2/Mixed use. It is proposed to
be a three-story tall mixed-use building with a lounge and restaurant, office space, and 12 townhomes with
rooftop patios are proposed on the eastern portion of the site. This will encompass the block bound by
Rangeline Rd., 1st St SE, 1st Ave SE, and Supply St.
Character Sub-Areas consist of the bulk of the residential areas in the Old Town Overlay District, both east and
west of Range Line Road, and both residential and commercial properties facing Range Line Road in the north
end of the District. There are many different styles of architecture in this area; however, the consistency and
character of the neighborhood is worth protecting. The intent of the zoning regulations is to preserve the
character of the neighborhood by preserving certain buildings and siting characteristics.
There is not a neighborhood homeowners association architectural review board for this area, however, since
the site is located within the Old Town Overlay district, site plan and design review (SDR) is required before
any building permit can be released.
The UDO (Unified Development Ordinance) lists development standards and architectural standards for the Old
Town Overlay district character subarea. The Petitioner seeks approval for four variances:
1. Maximum 55’ house width allowed, 72’ requested. This is a variance of 17 feet, or 31% increase.
2. Maximum 90’ lot width allowed, 167.22’ requested. This is a variance of 77.2 feet, or 86% increase.
3. Minimum 8:12 roof pitch allowed, 6:12 requested. This is a decrease in slope. Roof pitch is the steepness of
a roof expressed as a ratio of inch(es) rise per horizontal foot. A flat roof has a pitch of zero in either instance;
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all other roofs are pitched. The pitch of a roof is its vertical 'rise' over its horizontal 'run’ (i.e. its span), also
known as its 'slope'.
4. Maximum 12’ wide driveway allowed at street; 21.5’ driveway width requested. This is a variance of 9.5
feet, or 79% increase.
The property located just south of this subject site (at 241 First Ave SE) received similar variance approvals.
That new house is more historic in design and placement on the site. Variances approved for that site were for
lot cover (49% granted), for house width (64 feet granted), and for lot width (132 feet granted). (It is important
to note that the BZA is not a precedent-setting body and that each petition is reviewed upon its own merits.)
Final Comments:
From the beginning, the Planning/Zoning Department has been up-front with the Petitioner about the proposed
design of this house, that it is not in keeping with the historic character of the Old Town Overlay District and
that it is more of a suburban design and scale. The design, scale and massing of the house, the proposed site
plan, etc. are not appropriate for this zoning overlay district.
Review comments were made back in early August 2021 with pending building permit B-2021-01162. And,
those comments and concerns were reiterated with a virtual meeting in late August of 2021. The Petitioner’s
team has very little attempt to change the design. That being said, Planning Staff cannot be supportive of these
variance requests.
There is no practical difficulty or hardship. One house, or two houses, can be built on these parcels, and be able
to meet the Character Subarea regulations.
Findings of Fact:
The BZA Attorney will write up the negative Findings of Facts.
Recommendation:
The Dept. of Community Services (DOCS) recommends negative consideration of Docket Nos. PZ-2022-
00104 V, PZ-2022-00105 V, PZ-2022-00106 V, and PZ-2022-00107 V.