HomeMy WebLinkAboutPacket for BZA 07-24-23CARMEL BOARD OF ZONING APPEALS
Docket No. PZ-2023-00126 V
Dear Board Members:
The Project:
The Petitioner is seeking to construct a 20' x 30' detached garage/accessory building to provide
additional storage for the primary structure. A variance is needed because the combined square
footage of the ground floor area of garages and accessory buildings is not allowed to exceed 75%
of the ground floor area of the principal building.
Variance Request:
Petitioner seeks approval of the variance to allow construction of the 20' x 30' detached accessory
structure. The proposed combined square footage of the ground floor area of the garages and/or
accessory buildings is 102% of the ground floor area of the principal building, exceeding the
permitted 75%.
Statement of Support:
The proposed addition will meet all other development standards, such as setbacks, lot coverage
and height. The exterior of the accessory structure will match and complement the existing primary
structure. The home will remain as in investment property/rental for the Petitioner.
Thanks for your consideration.
Petitioner
Sheref Nessem
c/o Robert R. Thomas
Thomas Law Group, LLC
234 E. Carmel Drive
Carmel, Indiana 46032
Telephone: (317) 337-9550
Email: rob@robthomaslaw.com
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FINDINGS OF FACT SHEET - DEVELOPMENT STANDARDS VARIANCE
Docket No.: PZ-2023-00126 V
Petitioner: SHEREF NESSEM
The approval of this variance will not be injurious to the public health, safety, morals and general welfare of
the community because:
(a) it will not interfere with or make more dangerous, difficult or costly, the use, installation or
maintenance of existing or proposed infrastructure;
(b) any increase in stormwater runoff will not be injurious as there are no known pollutants on the
property and available open space on the property will be utilized to minimize excessive runoff;
(c) the character of the property included in the variance would not be altered in a manner that
substantially departs from the characteristics sought to be achieved and maintained within the
R-3 Homeplace Zoning District; and
(d) it would adequately address any other significant public health, safety, and welfare concerns
raised during the hearing on the requested variance.
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:
(a) the proposed construction design is consistent with existing and surrounding properties that will
enhance the values in the area;
(b) the proposed construction will not promote conditions detrimental to the use and enjoyment of the
other properties in the area; and
(c) it would adequately address any other significant property use and value concerns raised during
the hearing on the requested variance.
3. The strict application of the terms of the Unified Development Ordinance to the property will result in
practical difficulties in the use of the property because:
(a) it would preclude the development or use of the property in a manner, or to an extent, enjoyed by
other properties in the area due to the small size of the principal building;
(b) it precludes the development, use and economic maximization of the property in a manner, or to
an extent, enjoyed by other properties in the area due to the size of the principal building; and
(c) it would adequately address any other significant property use and value concerns raised during
the hearing on the requested variance.
DECISION
IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Development Standards Variance
Docket No. PZ-2023-00126 V 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 this
day of
CHAIRPERSON, Carmel Board of Zoning Appeals
SECRETARY, Carmel Board of Zoning Appeals
2023.