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HomeMy WebLinkAboutDepartment Report 07-24-237 of 14 CARMEL BOARD OF ZONING APPEALS REGULAR MEETING DEPARTMENT REPORT MONDAY, JULY 24 2023 (V) Nessem Accessory Building Variance (Appeal). The applicant seeks the following development standards variance approval: 2. Docket No. PZ-2023-00126 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 principal building’s ground floor area, 102% requested. The site is located at 511 E. 111th St. (College Heights Subdivision, Lot 76) and is zoned R3/Residence. Filed by Rob Thomas of Thomas Law Group, LLC on behalf of 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 the existing house. Review Comments: • The Petitioner addressed all planning/zoning review comments related to this BZA request. Final Comments: • The BZA should inquire about the current use of the property and structures, as well as future plans 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’. 8 of 14 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. 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 the Board considers the request, and if approved, adopts the Findings of Fact submitted by the Petitioner.