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HomeMy WebLinkAboutFindings of Fact CARMEL ADVISORY BOARD OF ZONING APPEALS HEARING OFFICER CARMEL,INDIANA Docket No.: Docket No. PZ-2023-00248 V Applicant: Robert A. and Tina M. Youkilis(collectively, "Youkilis") Property: 211 1st Avenue NW, Carmel, IN 46032 Variance: UDO Section 3.64 (C) (9) (a)—Roof Pitch: Shall have a minimum pitch of 8:12; a request to allow the roof slope of the main roof to be 6:12, with a portion at 4:12 to accommodate the clerestory windows. FINDINGS OF FACT -DEVELOPMENT STANDARDS VARIANCE 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 variance is necessary in order to construct a new custom residential home on the Real Estate and approval of the variance will not be injurious 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 construction of the new custom residential home on the Real Estate will be consistent and compatible with the other existing homes that surround and are in the vicinity of the Real Estate and should have a positive impact on the use and value of the homes and area surrounding the 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: By way of background, the proposed "design theme' for the custom residential home is intended to pay homage to a Carmel native and architect Avriel Shull. Ms. Shull's architectural style mainly falls into the realm of Midcentury Modern and like many homes of this period, it blends Prairie, Craftsman, and Mission architectural styles. Midcentury Modern incorporates design details such as shallow roof pitches, clerestory windows, and stained wood exterior cladding which can be found in this style of architecture. Ms. Shull's homes can be found in urban and suburban settings throughout Carmel, Indianapolis, and other parts of the Midwest and her work can be seen by viewing her collection of sketches and blueprints at the Indiana Historical Society, which can provide an understanding of the importance of Avriel Shull's architecture and her connection to Cannel. Due to the architectural design theme for the home, which includes shallow roofpitches and clerestory windows, the variance for the roof pitch is being requested to achieve the intended architectural design theme. The practical difficulty relates to the development standards which requires a 8:12 roofpitch and if this standard were to be complied with,the design theme for the home would be compromised. DECISION IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals Hearing Officer that Development Standards Variance Docket No. Docket No. PZ-2023-00248 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 27°d day of N svember,2023tat fiG►ri QN'Kb ,Carme :oyidf oning Appeals Hearing Officer SECRETARY,C. Q Board of Zoning Appeals Conditions of the Board are listed on the back.(Petitioner or his representative to sign). CARMEL ADVISORY BOARD OF ZONING APPEALS HEARING OFFICER CARMEL,INDIANA Docket No.: Docket No. PZ-2023-00261 V Applicant: Robert A. and Tina M. Youkilis (collectively, "Youkilis") Property: 211 1st Avenue NW, Carmel,IN 46032 Variances: UDO Section 3.64(C) (3) (c) (i)—Maximum Parcel Coverage: 45%permitted; requesting 48%. FINDINGS OF FACT-DEVELOPMENT STANDARDS VARIANCE 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 are necessary in order to construct a custom residential home on the Real Estate and approval of the variances will not be injurious 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 construction of the custom residential home on the Real Estate will be consistent and compatible with the other existing homes that surround and are in the vicinity of the Real Estate and the new custom home should have a positive impact on the use and value of the homes and area surrounding the 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 subject Real Estate is a narrow lot of a smaller size and the Applicant is installing a new sidewalk along 2nd Street NW where a sidewalk does not exist today and will dedicate to the City of Carmel as Right of Way the real estate that contains the new sidewalk along 2nd Street NW. By dedicating land to the City as "right of way" for a public sidewalk, the subject real estate became smaller in size thereby increasing the parcel coverage calculation. Prior to any ROW dedication, the parcel coverage for the new home would have complied with the 45% requirements, as pre-sidewalk dedication the parcel coverage was 44.7%. However, if the Applicant dedicates ROW to the City with a new sidewalk, the parcel coverage increases to 48% and requires a variance, even though the footprint of the home remains the same. Thus, as strictly applied to the proposed custom residential home, the maximum allowable parcel coverage standard presents practical difficulties in dedicating ROW to the City with a sidewalk to be installed by the Applicant and designing a custom residential home on the Real Estate that meets the demands and desires of the Applicant. DECISION IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals Hearing Officer that Development Standards Variance Docket Nos. Docket No. PZ-2023-00261 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 ` NG&vi U�'1Ctyf�� ,11- el Board of Zoning Appeals Hearing Officer Member al' SECRETARY, C el Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). (-&,,,,71- -Uri./li/'...4 ,0 164(.4"" 7- ' 'f �N 1tj c/vv` `'off k„,,,," II