Loading...
HomeMy WebLinkAboutPacket for HO 11-27-23 518 Almond Creek Drive (Lot 330 Jackson’s Grant on Williams Creek) DEVELOPMENT STANDARDS VARIANCE REQUEST CITY OF CARMEL, INDIANA Docket #: PZ-2023-00236 V November 27, 2023 Carmel Board of Zoning Appeals Hearing Officer Applicant: Paul and Amanda Hanna Attorneys: Nelson & Frankenberger, LLC James E. Shinaver, Attorney Jon C. Dobosiewicz, Land Use Professional TABLE OF CONTENTS 1. Explanation of Request 2. Site Location Map 3. Site Plan 4. Home Elevations 5. Findings of Fact and Ballot Sheet TAB 1 EXPLANATION The applicant, Paul and Amanda Hanna (collectively, “Hanna”), are the owners of a parcel of real estate that is commonly known as 518 Almond Creek Drive, Carmel, IN (Jackson’s Grant on Williams Creek Subdivision, Lot 330) and per the Office of the Auditor of Hamilton County, Indiana, has a Tax Parcel Identification Number of 17-09-34-00-17-013.000 (collectively, the “Real Estate”). Behind Tab 2 is a site location exhibit showing the location of the subject Real Estate The Real Estate is zoned per the Silvera PUD, Ordinance No. Z-553-11, including any applicable amendments thereto, including Z-652-20, the Estates/Northvale planning area and Hanna is seeking the below described development standards variance in order for Old Town Design Group to construct a custom residential home on the Real Estate that will include a swimming pool and pool deck. Enclosed is a site plan for the custom home showing the location of the proposed pool and pool deck (see Tab 3), as well as the proposed home elevations (see Tab 4). 1. Silvera PUD, Section 5.2 and UDO Section 5.02 (C) (7) (a) Private Swimming Pool Minimum Rear Yard Setback – Minimum rear yard setback for swimming pool/pool deck to be 3’ from any Easement; requesting rear yard setback for swimming pool/pool deck and a small concrete pad for pool equipment to be 0’ from an Easement. The application of the UDO provision set forth above results in practical difficulties in the use of the site because the proposed pool and pool deck. in order to be of a size that is appropriate and practical, is located along the 30’ rear Drainage and Utility Easement, but not inside of the 30’ rear Drainage and Utility Easement. Further, a small concrete pad is proposed on the back side of the garage for placement of pool pump and equipment, and this small concrete is also located along the 30’ rear Drainage and Utility Easement, but not inside of the 30’ rear Drainage and Utility Easement. The variance only requests the relief necessary to accommodate development on the Real Estate for the proposed pool, pool deck and small concrete pad. Due to the foregoing, absent approval of the requested variance pertaining to the rear setback for a pool, pool deck and small concrete pad, the Applicant will be substantially impacted on how it is able to design an appropriately sized pool and pool deck for its use on the Real Estate. Included behind Tab 5 are the Findings of Fact and Ballot Sheets for the parcel coverage variance request described above. We look forward to presenting this request to you the BZA Hearing Officer at your November 27, 2023 meeting. Respectfully submitted, TAB 2 Hamilton County, Indiana Rivers & Streams Minor Roads Major Roads Interstates & US Highways Subdivisions Parcels August 14, 2023 0 0.1 0.20.05 mi 0 0.15 0.30.07 km 1:6,000 Author: Hamilton County Hamilton County compiled this map. Although strict accuracy standards have been employed, Hamilton County does not warrant or guarantee the accuracy of the information contained herein and disclaims any and all liability resulting from any error or omission. Hamilton County, Indiana Rivers & Streams Minor Roads Major Roads Subdivisions Parcels August 14, 2023 0 0.03 0.050.01 mi 0 0.04 0.090.02 km 1:1,680 Author: Hamilton County Hamilton County compiled this map. Although strict accuracy standards have been employed, Hamilton County does not warrant or guarantee the accuracy of the information contained herein and disclaims any and all liability resulting from any error or omission. TAB 3 WWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWW4+00859.804+50859.865+00859.565+50859.504+28.31859.94HP5+29.73859.43LP6766771.20%-0.60%862SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SSSS SS SSSS SS SS SS SS SSSS SSSSSSSS SS SS SS SSSSSSSS SSSS SS SS SS SS SS SS SS SS SITE PLANR.L.S. # LS20500017DATE:FOR: OLD TOWN DESIGN GROUPBY: HRH CONSULTING803 S. OHIO STREETSHERIDAN, INDIANA 46069Ph: 317-800-8632JOB NO: 17-165 (330)SHEET 1 OF 2LOT 330 JACKSON'S GRANT ONWILLIAMS CREEK, SEC 7CARMEL, INDIANA518 ALMOND CREEK DRIVELEGEND TAB 4 2023 The OLD TOWN DESIGN GROUP, LLCOLDON3/16" SCALE ON 24x36 SHEETFRONT ELEVATION3/32" SCALE ON 11x17 SHEET3/16" SCALE ON 24x36 SHEETLEFT ELEVATION3/32" SCALE ON 11x17 SHEETBRICK SILL AT PARTIALBRICK VENEER DETAILACTUAL GRADE AND STEPS MAYVARY FROM THESE ELEVATIONS;FINAL GRADE & NUMBER OF STEPSWILL BE DETERMINED IN FIELDACTUAL GRADE AND STEPS MAYVARY FROM THESE ELEVATIONS;FINAL GRADE & NUMBER OF STEPSWILL BE DETERMINED IN FIELD 2023 The OLD TOWN DESIGN GROUP, LLCOLDON3/16" SCALE ON 24x36 SHEETRIGHT ELEVATION3/32" SCALE ON 11x17 SHEET3/16" SCALE ON 24x36 SHEETREAR ELEVATION3/32" SCALE ON 11x17 SHEETBRICK SILL AT PARTIALBRICK VENEER DETAILACTUAL GRADE AND STEPS MAYVARY FROM THESE ELEVATIONS;FINAL GRADE & NUMBER OF STEPSWILL BE DETERMINED IN FIELDACTUAL GRADE AND STEPS MAYVARY FROM THESE ELEVATIONS;FINAL GRADE & NUMBER OF STEPSWILL BE DETERMINED IN FIELD TAB 5 Page 1 of 2 CARMEL ADVISORY BOARD OF ZONING APPEALS HEARING OFFICER CARMEL, INDIANA Docket No.: PZ-2023-00236 V Petitioner: Paul and Amanda Hanna Request: Silvera PUD, Section 5.2 and UDO Section 5.02 (C) (7) (a) Private Swimming Pool Minimum Rear Yard Setback – Minimum rear yard setback for swimming pool/pool deck to be 3’ from any Easement; requesting rear yard setback for swimmi ng pool/pool deck and small concrete pad for pool equipment to be 0’ from an Easement. 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, including the pool and pool deck, have 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 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 an appropriately sized pool and pool deck. If approved, the request 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 standards and requirements related to drainage and the variance only requests the relief necessary to accommodate the construction of an appropriately sized pool and pool deck on the Real Estate. Further, the proposed custom home to be built on the Real Estate 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: The application of the UDO Section 5.02 (C) (7) (a) pertaining to private swimming pools and the minimum rear yard setback provision results in practical difficulties in the use of the site because the proposed pool/pool deck and small concrete pad for pool equipment, in order to be of a size that is appropriate and practical, is located along the 30’ rear Drainage and Utility Easement, but not inside of the 30’ rear Drainage and Utility Easement. Development of the site will comply with all other standards and requirements related to drainage and the variance Page 2 of 2 only requests the relief necessary to accommodate development on the Real Estate. As other pools have been installed for homes in the Jackson’s Grant community, the Applicant desires to install a pool and pool deck that is an appropriate and practical size. Due to the foregoing, absent approval of the requested variance pertaining to the rear setback for a pool/pool deck and small concrete pad, the Applicant will be substantially impacted on how it is able to design an appropriately sized pool and pool deck for its use on the Real Estate. DECISION IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals Hearing Officer that Development Standards Variance Docket No. PZ-2023-00236 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 27th day of November, 2023. _________________________________________ BOARD OF ZONING APPEALS HEARING OFFICER _________________________________________ SECRETARY, Carmel Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign).