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HomeMy WebLinkAboutDepartment Report 09-26-22 10 of 12 CARMEL BOARD OF ZONING APPEALS | REGULAR MEETING DEPARTMENT REPORT MONDAY, SEPTEMBER 26, 2022 (V) King Residence Variances. The applicant seeks the following development standards variance approvals: 3. Docket No. PZ-2022-00159 V UDO Section 3.64.C.1 – Maximum 55’ house width allowed, 80’ requested. 4. Docket No. PZ-2022-00161 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’, 12’ requested. 5. Docket No. PZ-2022-00162 V UDO Section 5.79.J – Maximum 24” window well encroachments into yard allowed; 42” encroachment requested. The site is located at 401 1st Ave NE (CW Weidler’s Addition Lot 1 and part Lot 2). It is zoned R3/ Residence and Old Town Overlay Character Subarea. Filed by John Hefton of Old Town Design Group on behalf of Thomas & Yvonne King, owners. General Info & Analysis: The subject lot is located in the Old Town Overlay – Character Subarea. Smaller, older single family homes surround the site. The house that existed on the land, prior, was a ranch style home with a 1-car attached garage. It was demolished in around 2020. Now, the Petitioner seeks approval to construct a new large two-story tall single family home with attached 3-car garage. The three variances requested are for house width, building height, and window well setbacks. Please see the Petitioner’s info packet for more detail on the variance requests. Old Town’s 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 Rang e 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, but since the site is located within the Old Town Overlay district, site plan and design review/approval (SDR) from the City 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’s Character Subarea. The Petitioner seeks approval for three variances: 1. House Width: A maximum 55’ house width is allowed, and 80’ is requested. (This is a variance of 25 feet or 45%.) The house and rear load attached garage will make the house be and look too wide. The floor plan can be reconfigured to comply with the zoning ordinance regulations. 2. House Height: Buildings shall not exceed the height of the tallest dimension of the nearest two Character Buildings by more than 7-ft, and 12-ft is requested. (This is a variance of 5-ft or 71%.) The nearest character building is located at 421 1st Ave NE and is a 1.5 story tall building (estimated to be 25-ft tall). The proposed new house will have a first floor that is built up off the ground a few feet, and it will also have taller ceilings, for an overall proposed height of 36 feet and 1- 9/16 inches to the roof peak. Compared to the character building to the north, this new house will be almost 11 feet taller. 3. Window Wells: Maximum 24” window well encroachments are allowed into yards; 42” encroachments are requested. (This is a variance of 18-ft or 75%.) The required side and rear yards for sites in the Old Town Overlay Districts is at least 5-ft. The window wells will be located 1.5 feet away from the side 11 of 12 property lines. Perhaps, if the overall house width was reduced, then this variance would not be needed because the window well locations could be moved in from the side property lines. There is concern about clearance and trespassing onto adjacent properties. Only a basement bedroom is required to have a full window well in the basement, and that window well will not be located in any side yard. The window wells for the fitness room and for the sitting rooms in the basement can be reduced in size. 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). A Sitting Room or a Fitness 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 install something similar to a black metal grate looking window well cover, should they choose to install them. (Window well coverings or guards are not necessarily required by the building code, in this instance.) (It is important to note that the BZA is not a precedent-setting body and that each petition is reviewed upon its own merits.) Comments/Concerns: The Petitioner addressed all planning/zoning review comments relating to the variance process. The Petitioner also addressed a concern from the adjacent neighbors to the north (at 421 1st Ave): The Petitioner will try to keep construction traffic away from the Dolens’ driveway entrance (neighboring property), and they understand their concern and will make every effort to keep construction traffic from parking across from their drive. Final Comments: The proposed house 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 Old Town Overlay District. There is no practical difficulty or hardship. A house and garage can be built on this subject parcel and still comply with all the Character Subarea development standards. 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- 00159 V, PZ-2022-00161 V, and PZ-2022-00162 V.