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HomeMy WebLinkAboutDepartment Report 05-22-23 4 of 11 CARMEL BOARD OF ZONING APPEALS HEARING OFFICER DEPARTMENT REPORT MONDAY, MAY 22, 2023 (V) Nessem Accessory Building Variance. The applicant seeks the following development standards variance approval: 3. Docket No. PZ-2023-00100 V UDO Section 5.02(B)(3) – Additional 20’x 30’ detached accessory structure requested. The combined square footage of the ground floor area of garages and/or accessory buildings shall not exceed 75% of the ground floor area of the principal building, 102% requested. The site is located at 511 E. 111th St. (College Heights Subdivision, Lot 76). It is zoned R3/Residence. Filed by Sheref Nessem, owner. General Info: • The Petitioner proposes to build an additional detached accessory building on the lot, just south of the existing detached garage. • A privacy fence surrounds the back yard area. • Single family homes surround the subject site. • Please see the Petitioner’s info packet for more detail on the variance request. Variance Requested: Garage Size - • Per the Unified Development Ordinance, the combined square footage of the ground floor area of garages and/or accessory buildings shall not exceed 75% of the ground floor area of the principal building, and 102% requested. This is an increase of 27%. • An additional 20’ x 30’ detached accessory building is requested (a 600 sq. ft. accessory structure). • A 24’ x 30’detached garage already exists on the site (a 720 sq. ft. accessory structure). • The ground floor area of the house is around 1,300 sq. ft. • The structure will meet all other development standards, such as for setbacks, lot coverage, height, etc. • The exterior of the accessory structure will match and/or completement the existing house. Remaining Review Comments: • The Petitioner addressed all planning/zoning review comments related to this variance application request. Final Comments: • The BZA Hearing Officer should inquire about the current use of the property and structures, as well as the future plan for them. • The Carmel Code Enforcement Dept. has been in communication with the property owner about the use of the property. • There is some concern about this property being used for more than a single family dwelling and/or Home Occupation. • The Home Occupation standards are listed in UDO Section 5.18, and they are also listed below. (One of the Excluded uses is Major appliance repair or services.) • There is some concern about the residential character of the Dwelling/Lot changing. • The March 2023 aerial photo, below, shows outdoor storage behind the house, behind the privacy fence. The proposed structure will help with storage of items ‘out of sight’. 5.18 HO-01: Home Occupation Standards These Home Occupation Standards (HB) apply to the following zoning districts: A. General: 1. Floor Area: Home Occupations shall utilize no more than 15% of the gross floor area of the dwelling. 5 of 11 2. Character: a. The Home Occupation shall not change the character of the Dwelling, Lot, or parcel; b. The Dwelling shall not bear any indication from the exterior that it is being utilized in whole or in part for any purpose other than a Dwelling; c. The Home Occupation shall not be permitted outside storage or display of materials in connection with the Home Occupation; d. The Home Occupation shall be permitted signage per Article 5, Section 5.39. 3. Nuisance: The Home Occupation shall be conducted wholly within the Dwelling, such that there is no outside noise, vibration, odor, smoke, dust, glare or electrical disturbance. 4. Employees: The Home Occupation shall employ no more than one (1) individual outside of the immediate family. 5. Deliveries: The delivery of any materials for the Home Occupation shall not exceed two (2) trips per day by any vehicle not owned by a family member. 6. Equipment: The Home Occupation shall utilize only mechanical equipment that is customarily used for domestic purposes and is of a size and type that is similar to domestic mechanical equipment or is customarily found in a business office. B. Excluded Uses: 1. Antique or gift shop; 2. Serving of food or beverages; 3. Animal hospital or commercial kennel; 4. Automobile repair; 5. Major appliance repair or services; and 6. Any processing or manufacturing that produces noxious materials or products. 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 consideration of this variance request, and with adoption of the Findings of Fact submitted by the Petitioner.