Loading...
HomeMy WebLinkAboutFindings of Fact FINDINGS OF FACT SHEET- DEVELOPMENT STANDARDS VARIANCE CARMEL ADVISORY BOARD OF ZONING APPEALS Docket No.: PZ-2023-00124Y Petitioner: Megan&Michael Fennerty 1. The approval of this variance will not be injurious to the public health,safety,morals and general welfare of the community because: This structure will be attached to the existing home/roofline and have concrete footers to insure it is structurally sound. The structure meets the 10'setback on the west side of the property and is not obtrusive or out of proportion with the existing home. The part of the structure closest to the west neighbor will provide privacy and sound barrier. It fits the current aesthetics of the home in design and material.It will be for the use and enjoyment of the homeowner. 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 structure will add value to the home and to the surrounding homes. By adding another garage and covered 3- season outdoor square footage to the home, the value of the home will increase exponentially. The structure will provide further privacy from the west neighbors. There will be no impact whatsoever to the use of adjacent properties. 3. The strict application of the terms of the Unified Development to the property will result in practical difficulties in the use of the property because: In issuing our building permit, Carmel overlooked that our design did not meet the 30' aggregate side yard requirement in the UDO.Several zoning staff reviewed the plans prior to issuing the permit.Homeowner relied on the permit and began construction and even passed a foundation inspection.After the project was 2/3 to 3/4 of the way finished with an investment of over$75,000,Carmel reported that they had overlooked this requirement and found that the west side of the property had a 10'setback with the new construction and 17'on the east side for an aggregate of 27'instead of the required 30. The strict application of the terms of the UDO will result in homeowner having to completely tear out and re-do the construction that has already been completed for a cost in excess of $100,000. Moving the structure over 3 feet would have a west setback of 13'and east setback remaining at 17'. Placement as originally approved, planned, and currently constructed provides no undue harm to any adjacent neighbor or property and meets the 10'side yard setback. The structure as proposed looks proportional to the existing home. DECISION IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No. PZ-2023-00124 is granted,subject to any conditions stated in the minutes of this Board,which are incorporated herein by reference and made a part hereof. _ Adopted t is ,r C day of J Vh€ ,20 0Z3 . C (41 ING OFFICER, armel Board of Zoning Appeals C SEC ARY,Carmel Board of Zoning Appeals Conditions of approval of the Board,if any,are listed on the Letter of Grant.