HomeMy WebLinkAboutDepartment Report 09-26-22
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CARMEL BOARD OF ZONING APPEALS | REGULAR MEETING
DEPARTMENT REPORT
MONDAY, SEPTEMBER 26, 2022
(V) Moffett Carriage House Variances.
The applicant seeks the following development standards variance approvals for an attached dwelling:
6. Docket No. PZ-2022-00163 V UDO Section 2.18 – Minimum 0’ to 10’ Front Yard Building
Setback required, 131.5’ requested.
7. Docket No. PZ-2022-00164 V UDO Section 2.18 – Maximum 20’ Rear Yard Building
Setback required, 219.5’ requested.
The 2-acre site is located at 340 W. Smoky Row. It is zoned UR/Urban Residential and is partially located
in the SFHA/Special Flood Hazard Area. Filed by Justin Moffett of Old Town Design Group on behalf of
Elijah & Katherine Moffett, owners.
General Info & Analysis:
The Petitioner seeks approval to construct a carriage house garage at this site. It will be attached to the existing
primary house with a breezeway. Variances are needed for front setback and rear setback. Please see the
Petitioner’s info packet for more detail on the variance request.
This site, including the surrounding parcels of land, were a part of an rezone to UR in early 2018, with city
council ordinance Z-625-17 (see Plan Commission Docket No. 17030006 OA). The single family dwelling use
is allowed to remain, even though it is now considered legally nonconforming, or grandfathered.
Section 8.04 of the UDO that states that a building nonconforming only as to the height, lot area or yard
requirements may be altered or extended, provided that an extension meets all of the height, yard and other
applicable provisions of the unified development ordinance. (That is why the proposed attached carriage house
proposal needs variance approvals for the minimum front yard and maximum rear yard setbacks required in the
UR zone.)
And as far as the land use goes, this proposed attached carriage house is being classified as a Single Family
Attached Dwelling, so it can be an allowed/permitted use in the UR zoning district (and not need BZA Use
Variance approval).
The Petitioner addressed all planning/zoning review comments. The Planning Dept. supports the variance
request.
Findings of Fact:
Please refer to the Petitioner’s Findings of Facts included in their BZA Info Packet.
Recommendation:
The Dept. of Community Services (DOCS) recommends positive consideration of Docket Nos. PZ-2022-00163
V and PZ-2022-00164 V, and with adoption of the Findings of Fact submitted by the Petitioner.