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HomeMy WebLinkAboutFindings of Fact CARMEL ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: PZ-2023-00002V Petitioner: Wedgewood Building Company, LLC Request: UDO Section 3.64 (C)(3) Maximum Parcel Coverage — Maximum 45% lot coverage allowed; requesting 49% lot coverage. FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE I. The approval of the requested variances will not be injurious to the public health, safety, morals and general welfare of the community because: The approval of the requested variance will not be injurious to the public health, safety, morals and general welfare of the community because the proposed custom residential home has been designed to be handicap accessible, as one of the future owners has a medical condition that necessitates a specialized floor plan and layout to accommodate this future owner's unique needs. The home design and footprint were designed to take into account the unique needs of the future owner. Development of the site will comply with all other required standards and requirements related to drainage and the variance only requests the relief necessary to accommodate development on the Real Estate for the construction of a custom residential home. The proposed custom home is well-designed, aesthetically and architecturally appealing and should not result in any negative impacts to the public health, safety, morals and general welfare of the community. 2. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because: The use and value of the area adjacent to the real estate that is the subject of the requested variance will not be affected in a substantially adverse manner because the proposed use is a permitted use in the R-3 Residence zoning classification, the site will comply with all other required standards and requirements related to drainage and the variance only requests the relief necessary to accommodate its site development on the Real Estate for a custom residential home. The proposed custom home is well-designed, aesthetically and architecturally appealing; and, as a result, the requested variance should not have a substantially adverse impact on the use and value of the area adjacent to the subject Real Estate. 3. The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because: Strict application of the Zoning Ordinance results in practical difficulties in the use of the Applicant's site because: (i) the proposed custom residential home has been designed to be handicap accessible, as one of the future owners has a medical condition that necessitates a specialized floor plan and layout to accommodate this future owner's unique needs and the home design and footprint were designed to take into the account the unique needs of the future Page 1 of 2 owner; (ii) development of the site will comply with all other required standards and requirements related to drainage; and (iii) the variance only requests the relief necessary to accommodate development on the Real Estate for a custom residential home. Due to the foregoing, absent approval of the requested variance pertaining to the maximum allowable percentage of parcel coverage, the Applicant will be substantially impacted on how it is able to utilize the Real Estate for the necessary design for the custom residential home for the unique medical needs of the future owner. DECISION IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No. PZ-2023-00002 V is granted, subject to any conditions stated in the minutes of this meeting,which are incorporated herein by reference and made a part hereof. Adopted this 27`h day of February, 2023. BOAR F APPEALS MEMBER, Carmel Board of Zoning Appeals SE" TARY, Carmel Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). Page 2 of 2 CARMEL ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: PZ-2023-00003 V Petitioner: Wedgewood Building Company, LLC Request: UDO Section 5.79 (J) Window Well Projections — Window wells may encroach up to 24" into a side yard; requesting 36"encroachment into west 5' wide side yard. FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE 1. The approval of the requested variances will not be injurious to the public health, safety, morals and general welfare of the community because: The approval of the requested variance will not be injurious to the public health, safety, morals and general welfare of the community regarding the lower-level basement windows and window wells. The design intention was to have wider window wells to meet egress requirements for the bedroom and exercise room (which could also function as a future bedroom). Further, the media room window well is the same as the others and its design was also intentional - to let in as much natural light into the space as possible, especially since this window is on the north facing side of the home. The home design footprint and therefore the position of the window wells were intended to take into account the unique needs of the future owner. The proposed custom home is well-designed and positioned in a manner that should not result in any negative impacts to the public health, safety, morals and general welfare of the community. 2. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because: The use and value of the area adjacent to the real estate that is the subject of the requested variance will not be affected in a substantially adverse manner because the proposed use is a permitted use in the R-3 Residence zoning classification; the variance only requests the relief necessary to accommodate development on the Real Estate for a custom residential home; the proposed custom home is well-designed, aesthetically and architecturally appealing; and, as a result, the requested variance should not have a substantially adverse impact on the use and value of the area adjacent to the subject Real Estate. 3. The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because: Strict application of the Zoning Ordinance results in practical difficulties in the use of the Applicant's site because: (i) the proposed custom residential home has been designed to be handicap accessible, as one of the future owners has a medical condition that necessitates a specialized single-story floor plan and site layout to accommodate this future owner's unique needs; (ii) the design intention for the lower-level basement windows and window wells was to have wider window wells to meet egress requirements for the bedroom and exercise room (which could also function as a bedroom); and (iii) the home design and footprint were intended to take into the account the unique needs of the future owner. Due to the foregoing, Page 1 of 2 absent approval of the requested variance pertaining to the window well encroachment, the Applicant will be substantially impacted on how it is able to utilize the Lot for the site layout necessary to construct a custom residential home to meet the unique needs of the future owner. DECISION IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No. PZ-2023-00003V is granted, subject to any conditions stated in the minutes of this meeting, which are incorporated herein by reference and made a part hereof. Adopted this 27`h day of February, 2023. BOARD 'F APP ALS MEMBER, Carmel Board of Zoning Appeals f 5451--- SECR' 'ARY, Carmel Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). Page 2 of 2 CARMEL ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: PZ-2023-00017 V Petitioner: Wedgewood Building Company, LLC Request: UDO Section 3.64 (C)(9) Minimum Roof Pitch — Minimum 8:12 roof pitch required; requesting 4:12 roof pitch. FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE 1. The approval of the requested variances will not be injurious to the public health, safety, morals and general welfare of the community because: The approval of the requested variance will not be injurious to the public health, safety, morals and general welfare of the community because the proposed custom residential home has been designed to be handicap accessible, as one of the future owners has a medical condition that necessitates a specialized floor plan to accommodate this future owner's unique needs. The custom home was designed with a 4/12 roof pitch, which is appropriate and customary for a Prairie architectural style of the home. An 8/12 roof pitch would not be in keeping with the design spirit and intent of Prairie architecture and would not be an appropriate roof pitch for this style of home, as the roof would then overpower the home itself and the roof would become the most predominant architectural feature of the home — the element that the public would see most predominately when looking at the home from the street. Other Prairie style homes with a 4/12 roof pitch exist within the general vicinity of the Real Estate and the design of this proposed custom Prairie style residential home will be a complimentary addition to the area and will add to the architectural appeal of the streetscape by increasing the variety and diversity of architectural styles in the area. The proposed custom home is well-designed, aesthetically and architecturally appealing and should not result in any negative impacts to the public health, safety, morals and general welfare of the community. 2. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because: The use and value of the area adjacent to the real estate that is the subject of the requested variance will not be affected in a substantially adverse manner because the proposed use is a permitted use in the R-3 Residence zoning classification; the variance only requests the relief necessary to accommodate development for a custom residential home with an appropriate Prairie architectural design. The proposed custom home is well-designed, aesthetically and architecturally appealing; and, as a result, the requested variance should not have a substantially adverse impact on the use and value of the area adjacent to the subject Real Estate. Page 1 of 2 3. The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because: Strict application of the Zoning Ordinance results in practical difficulties in the use of the Applicant's site because: (i) the proposed custom residential home has been designed to be handicap accessible, as one of the future owners has a medical condition that necessitates a specialized floor plan and layout to accommodate this future owner's unique needs; (i) the custom home was designed with a 4/12 roof pitch, which is appropriate and customary for a Prairie architectural style of the home; (iii) if the roof pitch were 8/12, such a pitch would not be in keeping with the design spirit and intent of Prairie architecture and would not be an appropriate roof pitch for this style of home, as the roof would then overpower the home itself and the roof would become the most predominant architectural feature of the home — the element that the public would see most predominately when looking at the home from the street; (iv) other Prairie style homes with a 4/12 roof pitch exist within the general vicinity of the Real Estate and the design of this proposed custom Prairie style residential home will be a complimentary addition to the area and will add to the architectural appeal of the streetscape by increasing the variety and diversity of architectural styles in the area; (v) the home design and footprint were intended to take into account the unique needs of the future owner and the proposed custom home is well-designed, aesthetically and architecturally appealing. Due to the foregoing, absent approval of the requested variance pertaining to the roofpitch, the Applicant will be substantially impacted on how it is able to utilize the Real Estate for the necessary design for the custom residential home. DECISION IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No. PZ-2023-00017V is granted, subject to any conditions stated in the minutes of this meeting, which are incorporated herein by reference and made a part hereof. Adopted this 27`t'day of February, 2023. BOARD OF APPEALS MEMBER, Carmel Board of Zoning Appeals SEC TARY, Carmel Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). Page 2 of 2