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HomeMy WebLinkAboutMinutes BZA 09-26-22 A Motion made by Grabow and seconded by Dierckman to approve PZ-2022-00123 V&PZ-2022-00138 V with the Condition the Dealership to relocate or add a"No Test-Driving"sign and the adoption of the Petitioner's Findings of Fact submitted. Approved 5-0. (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. Petitioner: Justin Moffett,Old Town Design Group: • We represent the homeowners who want to build a new home in Old Town • We know there's a difference of opinion and sensitivity in content to the adjacent homes • After I spoke with the homeowners and got a better idea of what they wanted • Presented an aerial view of the previous existing home,the home has been recently demoed • Our clients wanted a wider home to match the width of the actual lot space • Across the street are two duplex units of with an average of 74-ft wide structure widths • We have unique situation at each block in Old Town,and some lots are wider than what is a typical lot in downtown Carmel. The subject lot is 90-ft wide. • Presented photo of a wide home on a corner lot that was supportive of Planning Staff for a lot width variance • The existing lot is a wide lot, and the owner wants to have a wider home to preserve the rear yard space • Presented floor plan, they will stair stepping back the home, so the width isn't felt at the street front per the full degree of the variance request for house width • Presented elevations, after hearing Staff's feedback,we removed 2-ft off the height • Presented floor plan, there's a contradiction between building code and window well building standards. We would like more natural light, so we needed larger window wells. • We are not asking for lot coverage variance request, which is the number request for this area Public Comments: None Department Report: Angie Conn • Staff thinks the site could be designed to comply with the Ordinance, so Staff is considering negative recommendation of the 3 variance requests • Per building code, only one window well is required if there's a bedroom in the basement. The Client wants more window wells to allow for natural light in the proposed fitness room and sitting room • If approved, we ask for a condition of approval that the Petitioner addresses the concerns from the neighbor to the north that the construction traffic doesn't block their driveway Board Comments: Jim: With 4,000 sq. ft. for the main floor, about 2,600 sq. ft for the basement, and a 3-car garage. Is this normal for this area,or is this unique?Angie Conn: It is a trend we are seeing for this area. People are building homes to age-in-place. This lot is so large, and we think they can comply with the district standards in the Ordinance. Leo: How many feet is it to the side yard property line from the window well?Justin Moffett: 1 'h ft. Leo: How wide is a lawn mower? Justin Moffett: About 22 inches. Leo: Will a lawn mower be encroaching into the neighbor's yard. How do you get around this?Justin Moffett: This does present a challenge. Modest adjustments to the plan so a lawn mower can pass is a reasonable request. Brad: How are the two nearest character buildings identified?Angie Conn: The UDO has a marking(map)of all the 2 BZA Regular Meeting Minutes 9-26-22 character houses. Brad: For this case is one of the two-character buildings an adjacent house to the subject site?Angie Conn: There's a 1 1/2 story bungalow immediately to the north. Justin Moffett: This creates a practical difficulty question for us. The UDO markings are from 20 years ago but there hasn't been an update to show the newly constructed homes since then. IAlan Potasnik: Staff report says it's not appropriate for the Old Town Overlay District. What do you mean by it's not appropriate?Is it just the height?Angie Conn: It has to do when a Petitioner comes in with multiple variances, and the Overlay District was placed to preserve the character of the district. Alan: Do you believe a house such as this affects the overall character of the Overlay District?Angie Conn: Yes, we think it impacts the immediate area and as well as the neighborhood and goals of the Overlay District. Leo: Can you shrink the house so that there's enough room for a lawn mower to pass next to the window well and not encroach into the neighbor's yard?Justin Moffett: Presents floor plan, that's a practical solution for us. There are tradeoffs to this. We can have a deeper house and not as wide of house, but the client requested for a larger backyard. We have had similar window well requests in Old Town. Leo: What's your solution for this?Justin Moffett: The client can request a 24-inch window well or we can shrink the floor plan. Alan: Does the Petitioner wish to continue this or to go forward without the window well request?Justin Moffett: We don't wish to table,and we don't want to remove our window well request without consulting with our client. We will move forward tonight with all of our requests. Brad: What's the height of the main level?Justin Moffett: Presents front Elevation, we are 2 '/2 feet above extending grade. Getting access to the rear from the alley to the garage sets the overall level of the house. A Motion made by Dierckman and seconded by Hawkins to approve PZ-2022-00159 V.Approved 4-1,Hawkins A Motion made by Dierckman and seconded by Hawkins to approve PZ-2022-00161 V. IApproved 3-2,Grabow,Hawkins. A Motion made by Dierckman and seconded by Hawkins to approve PZ-2022-00162 V. Denied 2-3,Grabow,Hawkins,Potasnik. (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 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. Petitioner: Justin Moffett: • Presented North End Development Community site plan, we have mixed residential around the subject site, and we have worked to transition around this single-family residential property(subject site) • The land around my brother's property has a practical difficulty with the North End Community being built next to it • We are building a 4-car garage with a carriage house floor plan. It will be a large structure on a large lot,that will be attached to the existing home • UR zoning district creates what seems like extreme variance requests. If this was a R-1,these would be reasonable variance requests Public Comments: None 3 BZA Regular Meeting Minutes 9-26-22