No preview available
HomeMy WebLinkAboutFindings of Fact 1 FINDINGS OF FACT SHEET-DEVELOPMENT STANDARDS VARIANCE CARMEL ADVISORY BOARD OF ZONING APPEALS (Petitioner to fill out 1-3+first two blanks) Docket No.: PZ-2023-00147 V Petitioner: Thanh Ho 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The fence is a replacement of the old previous dilapidated and unsightly fence installed at the identical location. The new fence also does not no pose any risk to public health, safety no does it obstruct the views of upcoming traffic at stop sign at the intersection. The fence is tucked behind the property away from the intersection and is not within the right of way, ensuring that visibility remains unimpeded for drivers approaching the intersection. 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 new fence does not negatively impact the use and value of the adject property in any manner because the placement of the new fence is within the confines of the property to ensure that there is minimal interference. The fence is visually pleasing in design and blends in with the surround neighborhood architecture. This fence will not only uphold the property's aesthetic and functional values. 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: Our house is located at a corner lot where there are lots of thru traffic in both directions. Without a fence, the yard feels vacant. Without a fence in place, our family feel exposed and insecure. Our yard does we does not have privacy and security to raise our kids and secure our pets. DECISION IT IS THEREFORE the ddvision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No. Pz- Q.0VI-001L11 V is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by referenceQ and made a part hereof. /� Adop d this 2 �7 day of / uu i vk , 20 0�3 f.-,-e- HE NG OF ICER, C el Board of Zonineals S ETARY, Carmel Board of Zoning Appeals Conditions of approval of the Board, if any, are listed on the Letter of Grant. Page 8 of 12 File:Hearing Officer Development Standards Variance Handout 2023.docx Revised:02/03/2023 • FINDINGS OF FACT SHEE t -DEVELOPMENT STANDARDS VARIANCE CARMEL ADVISORY BOARD OF ZONING APPEALS (Petitioner to fill out 1-3+first two blanks) Docket No.: PI- Z 023•- 001 ti6 \I Petitioner: Eye H (."I1'0v7 of) he\w of T'C\f Y;W OOCJ 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: \-\ w�..Ac\ voxi,d-( arl e),,_ g CkWeC U)(0 t() be 0, 0\i\lH 114Y0.1I NI\d (\`c_1 n -hndvr * e 61.c---ec en\ (.. rne_on-hCs "ror)a -kr.. ?(' -'C u-t+! 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 6FSIch 0- -1-inc pr po e'c\ 591 (Y)otches -the N-nef' 3I(-l')� hYDOCn0U ---t-rt ad j(A(oill pt ye--fie..) 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: 4 M-111i (\INNS Y 3 60w,fi"iNA :;Igt) . 0 41('6tl((.Y-10ctA\ ')‘cjf1 vvhVA Gtl vi -ht an C\rne(m-\ C. NIectdryi , Whim Y`uu0 ue b'Y1FF`,6q\ -CoTt, by o`Te.f A DECISION IT IS H R FOR thee ddecisiQn of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No. '/ is granted, subject to any conditions stated in the minutes of this Board,which are incorporated herein by reference and made a part hereof.Ad pte thi as day of 14I0500- , 20 J Q . . ,i-- IN O FICER, rme iBoard of Zoning Appeals SEC ARY, Carmel Board of Zoning Appeals Conditions of approval of the Board, if any, are listed on the Letter of Grant. Page 8 of 12 File:Hearing Officer Developmerr Standards Variance Handout 2023 Revised:02/03/2023 FINDINGS OF FACT SHEET - DEVELOPMENT STANDARDS VARIANCE CARMEL ADVISORY BOARD OF ZONING APPEALS (Petitioner to fill out 1-3 + first two blanks) Docket No: PZ-2023-00171 V and PZ-2023-00172 V Petitioner: The Old Town Design Group, LLC 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 variances allow the accessory building to be cohesive and consistent with the primary building. The increase in height of the accessory building and the square footage will not be injurious to public health, safety, moral or 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 improvements to the property will be architecturally consistent with the Asherwood neighborhood and will add value to the property. 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: the accessory building would not be cohesive and consistent in design and architecture with the primary building. The square footage of the pool house accessory building and private garage as combined square footage limits the owners in square footage for storage, parking space, and entertaining space as desired. DECISION bT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No. `Z-2 aa3. 60 V1X 1"1Z 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. Ad ted this 3 day of /'ups 4 , 20 2 3 . H A ING 0 FICER, C rmel Board of Zoning Appeals SDI? TAR , Carmel Board of Zoning Appeals y Conditions of approval of the Board, if any, are listed on the Letter of Grant. Page 8 of 12 File: Hearing Officer Development Standards Variance Handout 2023 Revised:02/03/2023 FINDINGS OF FACT SHEET— DEVELOPMENT STANDARDS VARIANCE CARMEL ADVISORY BOARD OF ZONING APPEALS DOCKET NUMBER: PZ-2023-00177V PETITIONER: KEVIN BRENNAN 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: it in fact enhances the property, neighbor, neighborhood and community with a revitalized fence that provides the privacy desired by all parties. 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: it replaces an old and dilapidated fence with a new fence giving both properties the privacy and a new look. 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:there will not be the privacy both properties desire. DECISION IT IS THEREFORE the decision of the Carmel board of Zoning Appeals that Development Standards Variance Docket Number PZ-2023-00177V 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 28th day of August, 2023. HEARING OFFICER, Carmel Board of Zoning Appeals SE ETARY, Carmel Board of Zoning Appeals /Pr CARMEL ADVISORY BOARD OF ZONING APPEALS HEARING OFFICER CARMEL,INDIANA Docket No.: PZ-2023-00176 V Petitioner: Paul and Amanda Hanna Request: Silvera PUD, Section 6.1, Exhibit"L"Maximum Parcel Coverage—Maximum 35%lot coverage allowed; requesting 50%lot coverage FINDINGS OF FACT-DEVELOPMENT STANDARDS VARIANCE 1. The approval of the requested variances will not be injurious to the public health, safety,morals and general welfare of the community because: The approval of the requested variance will not be injurious to the public health, safety, morals and general welfare of the community because the proposed custom residential home has been designed to be consistent and compatible to the other custom homes that are built and will be built in this section of the Jackson's Grant community and development of the site will comply with all other required standards and requirements related to drainage and the variance only requests the relief necessary to accommodate development on the Real Estate for the construction of a custom residential home. The proposed custom home is well-designed, aesthetically and architecturally appealing and should not result in any negative impacts 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 use and value of the area adjacent to the real estate that is the subject of the requested variance will not be affected in a substantially adverse manner because the proposed use is a permitted use on the Real Estate and the site will comply with all other required standards and requirements related to drainage and the variance only requests the relief necessary to accommodate the construction of a custom home on the Real Estate. The proposed custom home is well-designed, aesthetically and architecturally appealing; and, as a result, the requested variance should not have a substantially adverse impact on the use and value of the area adjacent to the subject 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: Strict application of the Zoning Ordinance results in practical difficulties in the use of the Applicant's site because the proposed custom residential home has been designed to accommodate a carriage style garage located on the norther portion of the Real Estate which necessitates additional driveway construction from the street back to the location of the carriage style garage. Further, in order to accommodate a desired driveway extension along the front of the house which will permit a connection to a sidewalk to the front door and additional parking, additional driveway construction is also necessary. Additionally, due the desire to construct a pool on the Real Estate, as other pools have been installed for homes in Jackson's Grant, Page 1 of 2 Pr additional parcel coverage is necessary for the pool and pool deck area. Reducing the parcel coverage would necessitate a substantial re-design of the home footprint, potential removal of the desired carriage style garage and potential removal of the desired pool on the Real Estate. Development of the site will comply with all other required standards and requirements related to drainage and the variance only requests the relief necessary to accommodate development on the Real Estate for a custom residential home. Due to the foregoing, absent approval of the requested variance pertaining to the maximum allowable percentage of lot coverage, the Applicant will be substantially impacted on how it is able to accommodate the necessary design for the home,garage, driveway and pool. DECISION IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals Hearing Officer that Development Standards Variance Docket No. PZ-2023-00176 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 28th day of August, 2023. .--1‘Qt°*O O ZONIN PEALS HEARING OFFICER 'i gJet5C S RETARY, Carmel Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). Page 2 of 2 FINDINGS OF FACT SHEET -DEVELOPMENT STANDARDS VARIANCE CARMEL ADVISORY BOARD OF ZONING APPEALS V +first two blanks) PZ-2023-001 80 V Petitioner: Rob Shea 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: This project allows the property to maintain its residential zoning. The variance will enable the contractor to build the accessory structure in a safe location to follow all building codes for plumbing and electrical while not affecting the drainage of the site or neighborhood. The variance will allow the homeowner safe mobility around their structure while not impeding on their current home or existing structures. 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 HOA supports this project based on their history of in ground pools in this neighborhood. The project is very similar to other pool projects in the neighborhood and surrounding properties. This type of project is often viewed as an upgrade to the overall property value and neighborhood standards. 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: This size and type of pool project is of normal scale and proportions. The current setbacks on this property would not allow the pool and patios to be installed safely unless the existing home and structures were altered which would not be cost effective to the homeowner. A variance would allow the homeowner to install a normal size pool with a safe, adequate relationship to their home and access points while not impeding the overall drainage of the site. DECISION 1,T IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No. r Z -2013- dv Is° 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. Ado0 ted this a8 day of fiticivd" , 20 2 ARIN FILE el Board of Zoning Appeals SECR ARY, Carmel Board of Zoning Appeals Conditions of approval of the Board, if any, are listed on the Letter of Grant. Page 8 of 12 File:Hearing Officer Development Standards Variance Handout 2023(003) Revised:02/03/2023