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HomeMy WebLinkAboutFindings of Fact FINDINGS OF FACT CARMEL ADVISORY BOARD OF ZONING APPEALS CARMEL,INDIANA Docket No.: PZ-2023-00101 V Petitioner: Carl Chapman Residence—241 1 st Avenue NW, Carmel,IN 46032 Request: Article 3.64 (A) (5) — Garages: All new garages shall be attached to the principal building so that the front face of the garage is at least fifteen (15) feet further from the front lot line than the primary front line of the principal building; a request to allow the new garage area to be in line with the front line of the home along 3`1 Street NW and face the alley (to the east). FINDINGS OF FACT-DEVELOPMENT STANDARDS VARIANCE 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The requested variance is necessary in order to remodel a residential home on the Real Estate and approval of the variance will not be injurious 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 remodel of the home on the Real Estate will be consistent and compatible with the other existing homes that surround and are in the vicinity of the Real Estate and this remodel project should have a positive impact on the use and value of the homes and area surrounding the 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: The UDO requirement that all new garages shall be attached to the principal building so that the front face of the garage is at least fifteen (15) feet further from the front lot line than the primary front line of the principal building. On the subiect Lot, which is a Corner Lot, this would result in practical difficulties in that it would prevent the Applicant's proposed remodel design, from including a three-car garage which is designed to access the alley. The lot is a corner lot with frontage on both 1st Avenue NW and 3rd Street NW, with the front door of the home facing west toward 1st Avenue NW. The north side of the lot runs along 3`d Steet NW, and includes the existing driveway. On the east of the home is an existing detached garage that is to be demolished. The addition to the existing homes makes use of the existing driveway and a garage that aligns with the home and faces the alley is the most appropriate layout for the site. If the garage addition were positioned 15 feet further from the front lot line of the primary north façade the doors would need to face the street and not the alley which is the primary design intent of the UDO standard. As a result, the Applicant is seeking permission to allow the new garage area to be in line with the home along 3rd Street NW with overhead doors facing east toward the alley as it is the most practical positioning of the new garage addition in regard the UDO standard as it applies to Corner Lots which have significantly less depth from the secondary street frontage. DECISION IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals Hearing Officer that Development Standards Variance Docket No. PZ-2023-00101 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 22nd day of May, 2023 y , C rmel Board of Zoning Appeals Hearing Officer Nca•►i 49 Pl i cw I ?t+1 ---' SECRETARY, Carmel` •and of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). FINDINGS OF FACT CARMEL ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: PZ-2023-00102 V Petitioner: Carl Chapman Residence—241 151 Avenue NW,Cannel,IN 46032 Request: UDO Section 3.64 (B) (5)—Roof Material: Shall be asphalt, wood or slate shingles; a request to allow portions of the shed roof addition for the north, south and east to be metal due to the more shallow slope of these limited roof areas. FINDINGS OF FACT-DEVELOPMENT STANDARDS VARIANCE 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The requested variance is necessary in order to remodel a residential home on the Real Estate and approval of the variance will not be injurious 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 remodel of the home on the Real Estate will be consistent and compatible with the other existing homes that surround and are in the vicinity of the Real Estate and this remodel project should have a positive impact on the use and value of the homes and area surrounding the 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: The UDO requirement that roof material shall be asphalt, wood or slate shingles would result in practical difficulties in that it would prevent the Applicant's proposed remodel design for limited portions of the new roof The Applicant is proposing that portions of the shed roof addition for the north, south and east be metal due to the more shallow slope of these limited roof areas. The use of limited metal roof portions for the north, south and east elevations of the home will allow for more effective drainage from rainwater. Absent approval of the requested variance, the Applicant may have to incorporate roof treatments that are not as effective for drainage purposes and which could ultimately damage portions of the roof area creating a practical difficulty. DECISION IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals Hearing Officer that Development Standards Variance Docket No. PZ-2023-00102 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 is 22"a day of May, 2023 , C el Board of Zoning Appeals Hearing Officer Hewn', o •rev guls1 SECRETARY, Carmel oard of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). FINDINGS OF FACT CARMEL ADVISORY BOARD OF ZONING APPEALS CARMEL,INDIANA Docket No.: PZ-2023-00103 V Petitioner: Carl Chapman Residence—241 1"Avenue NW, Carmel, IN 46032 Request: UDO Section 3.64 (B) (4) —Roof Pitch: Shall have a minimum pitch of 8:12; a request to allow the roof addition to have a 7:12 roof pitch to match the existing roof pitch. FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The requested variance is necessary in order to remodel a residential home on the Real Estate and approval of the variance will not be injurious 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 remodel of the home on the Real Estate will be consistent and compatible with the other existing homes that surround and are in the vicinity of the Real Estate and this remodel project should have a positive impact on the use and value of the homes and area surrounding the 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: The UDO requirement that the minimum roof pitch be 8:12 would result in practical difficulties in that it would prevent the Applicant's proposed addition to have the same roof pitch as the existing home. The original home was built in the 1940's and the roof has a 7:12 roof pitch to achieve a Tudor architectural design. If portions of the new roof were required to have a pitch of 8:12, such a design would be out of character and inconsistent with the current 7:12 roof pitch of the existing home. Absent approval of the requested variance, the Applicant would be prevented from having a consistent roof pitch for the primary roof area of the addition which matches the existing home. w DECISION IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals Hearing Officer that Development Standards Variance Docket No. PZ-2023-00103 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 22nd day of May, 2023 Ga+� ce yCa Board of Zoning Appeals Hearing Officer &i49 - SECRETARY, Carme oard of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign).