HomeMy WebLinkAboutDepartment Report 02-27-23
10 of 11
CARMEL BOARD OF ZONING APPEALS | REGULAR MEETING
DEPARTMENT REPORT
MONDAY, FEBRUARY 27, 2023
(V) 530 2nd Ave NE Variances.
The applicant seeks the following development standards variance approvals for a new single family
house with attached garage:
5. Docket No. PZ-2023-00002 V UDO Section 3.64(C)(3) Maximum 45% lot cover allowed,
49% requested.
6. Docket No. PZ-2023-00003 V UDO Section 5.79(J) Window wells may encroach up to 24”
into yard, 36” encroachment requested into 5’ wide side yard.
7. Docket No. PZ-2023-00017 V UDO Section 3.64 (C)(9) Minimum 8:12 roof pitch required,
4:12 roof pitch requested.
The site is located at 530 2nd Ave NE (CW Weidler’s Addition, Lot 31). The site is zoned R3/Residence
and Old Town Overlay District - Character Subarea. Filed by Jon Dobosiewicz of Nelson &
Frankenberger LLC, on behalf of Wedgewood Building Company LLC.
General Info & Analysis:
The subject lot is located in the Old Town Overlay – Character Subarea. The Petitioner seeks approval to
construct a new custom one-story tall single family home with attached 2-car garage. It will be designed in a
way to accommodate the unique medical needs of the future owner. The three BZA variances requested are for
lot coverage, window well setbacks, and roof pitch. Please see the Petitioner’s info packet for more detail on
the variance requests.
Old Town’s Character Sub-Area consists of the bulk of the residential areas in the Old Town Overlay District,
both east and west of Rangeline Rd., 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, but since the site
is located within the Old Town Overlay district, administrative 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. Lot Cover: A maximum 45% is allowed, and 49% is requested. (This is a variance of 4%.) The Carmel
Engineering Dept. will require on-site stormwater detention, or payment into the stormwater fund/fee if the
petitioner cannot accommodate that on site (and the payment has now been received by the Engineering
Dept.) And, Planning Staff asked the Petitioner to look into shifting the house and garage west, to shrink the
length/area of the driveway, to reduce the amount of impervious surface. They did research this but
determined the site topography would not allow for that and could negatively affect driveway and sidewalk
slopes, as it relates to universal design. (Universal Design, also called barrier-free design, focuses on making
a house safe and accessible for everyone, regardless of age, physical ability, or stature.)
2. Window Wells: Maximum 24” window well encroachments are allowed into yards, and 36” encroachments
are requested. (This is a variance of 12 inches, or a percent change of 50%.) The required side and rear yards
for sites in the Old Town Overlay Districts is at least 5-ft. And, the window wells will be located 2 feet away
from the north side property lines.
11 of 11
There is concern about clearance and trespassing onto adjacent properties. Planning Staff asked the Petitioner
to look into modifying the floor plan and shifting the house footprint & window wells south a few feet, to
possibly avoid the need for this variance, but it would then produce the need for a setback variance along the
south property line, related to the screened in porch. (So, a variance would be required, either way.) Only a
basement bedroom is required to have a full window well in the basement. The window well for the Media
room 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 Media 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 does not plan to install any at this time. (Window well
coverings or guards are not necessarily required by the building code, in this instance.)
3. Roof Slope: A minimum 8:12 roof pitch required, and a 4:12 roof pitch is requested. This variance request
has gained favorable consideration by Planning staff, because the proposed style of the house will be Prairie
style architecture. The roof pitch proposed falls in line with the classic design features of the Prairie style
architecture. There is not a lot of Prairie style architecture in the Old Town overlay district. this proposed
house will help add diversity to the architecture in the area period.
(It is important to note that the BZA is not a precedent-setting body and that each petition is reviewed upon its
own merits.)
Remaining Review Comments:
• Chimneys are required to be brick/masonry; the proposed metal flue on the roof is not allowed.
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 these variance requests, with
the condition of addressing the proposed metal flue on the roof, and with adoption of the Findings of Facts
submitted by the Petitioner.