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HomeMy WebLinkAboutDepartment Report 03-27-23 11 of 19 CARMEL BOARD OF ZONING APPEALS | HEARING OFFICER DEPARTMENT REPORT MONDAY, MARCH 27, 2023 (V) Moorehead Residence Floodplain Variance. The applicant seeks the following development standards variance approval: 12. Docket No. PZ-2023-00057 V UDO Section 5.10 (and City Code Chapter 10 Article 5 A(11)(a) - Carmel Flood Hazard Areas Ordinance) Footbridge and fence in floodplain requested. The 10-acre site is located at 10404 Ditch Rd. It is zoned S1/Residence and SFHA/Special Flood Hazard Area. Filed by Kevin Buchheit of Krieg DeVault LLP on behalf of JC Moorehead Rev. Trust & SA Moorehead Rev. Trust. General Info: • The Petitioner proposes to construct a fence along the Ditch Rd. frontage and a pedestrian/equipment bridge over the creek, to navigate between the two sides of the creek without going through the creek or being forced onto the public street right of way area. • Single family detached homes surround the subject site. • The 10-acre parcel of land is not located in any residential subdivision. • A creek with floodplain and floodway traverses the site from the northwest to the southeast. • The variance request relates to a bridge and a portion of a fence locating in the floodway. • Instead of installing a multiuse path along Ditch Rd., the landowner will pay what it would cost to construct that 660 foot long path into the Non-Reverting Thoroughfare Fund. This meets the Compliance with the Transportation Plan requirement in UDO section 1.07. • The proposed site lot coverage is 13%. • Please see the Petitioner’s info packet for more detail on the variance requests. Variance Requested: Floodplain Variance: • The bridge and fence will cross the creek perpendicularly, to minimize impact. • The variance request relates to a bridge and a portion of fencing locating in the floodway, where the floodwaters will flow. • The Carmel Engineering Dept. supports the variance, with the conditions listed in the Recommendation. Remaining Review Comments: • None. All addressed. Final Comments: • Since the site is not located in a subdivision, no HOA (Homeowners Association) approval is needed. • A small pond is also proposed for this site that is in/near the floodplain area. • There is a future possibility of the Ditch Road culvert being extended to the west, and at that point the landowners would like to replace the now-planned fence gap feature (that portion across the floodplain) with fencing that matches the rest of the proposed fencing along Ditch Rd. • The Planning Dept. supports the variance requests, with the conditions listed in Recommendation, below. 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 two variance requests, with the conditions that the Petitioner works through any comments based on the City’s Stormwater Technical Standards Manual, file and receive a separate stormwater permit from home construction, as well as obtain all necessary permitting from other regulatory agencies such as USACE, IDNR, and IDEM., and also with the adoption of the Findings of Fact submitted by the Petitioner.