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Home My WebLink AboutBZA Hearing Officer Application 12.22.23EXHIBIT “A” Contact Information Applicant/Owner: Parcel Number: 17-09-34-00-13-041.000 Wedgewood Building Company, LLC c/o Gary McNutt and Paul Owen 32 1st Street NE Carmel, IN 46032 Gary McNutt:(317) 669-6300; gmcnutt@wedgewoodbc.com Paul Owen: (317) 669-6300; powen@wedgewoodbc.com Attorney/ Land Use Professional: Jim Shinaver, Attorney Jon C. Dobosiewicz, Land Use Professional Nelson & Frankenberger, LLC 550 Congressional Blvd., Suite 210 Carmel, IN 46032 Phone: (317) 844-0106 Fax: (317) 846-8782 Email: jims@nf-law.com Email: jon@nf-law.com Surveyor: True North Surveying, LLC c/o Troy Terew 11650 Olio Road, Suite 1000-289 Fishers, Indiana 46037 Phone: (317) 841-8754 E-mail: Troy.tns@sbcglobal.net EXHIBIT “B” PROJECT AND DEVELOPMENT STANDARDS VARIANCE DESCRIPTION The applicant, Wedgewood Building Company, LLC (“Wedgewood”), is the owner of a parcel of real estate that is commonly known as 12183 Hobby Horse Drive, Carmel, IN, 46032 (Jackson’s Grant on Williams Creek Subdivision, Section 4, Lot 239) and per the Office of the Auditor of Hamilton County, Indiana, has a Tax Parcel Identification Number of 17-09-34-00-13- 041.000 (collectively, the “Real Estate”). Site location exhibits are included that show 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, the Estates/Northvale planning area and Wedgewood is seeking to build a custom home on the Real Estate. Also included is the proposed site plan, as well as the proposed custom home elevations. Associated with the construction of the custom home on the Real Estate, Wedgewood is seeking approval of the following development standards variance request from the Board of Zoning Appeals Hearing Officer: Silvera PUD, Section 6.1, Exhibit “L” Maximum Parcel Coverage – Maximum 35% lot coverage allowed; requesting 52.5% lot coverage. The application of the Silvera PUD Lot Coverage standard results in practical difficulties in the use of the site because the Applicant is seeking a home footprint and home size for the proposed custom home that is generally consistent and compatible with the other custom homes that surround the Real Estate. Also, many of the homes in this Section of Jacksons Grant are on relatively smaller lots with larger homes and building a home on the Real Estate that is consistent and compatible with the other surrounding custom homes, combined with the Applicant’s need to construct a home of a certain size and footprint, necessitates the Lot Coverage variance request. Construction of the home 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 desired custom home design. 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 desired home design for its intended buyer. Page 1 of 3 EXHIBIT “C” PROPOSED FINDINGS OF FACT CARMEL ADVISORY BOARD OF ZONING APPEALS HEARING OFFICER CARMEL, INDIANA Docket No.: __________________ Petitioner: Wedgewood Building Company, LLC (12183 Hobby Horse Drive, Carmel, IN, 46032 Jackson’s Grant on Williams Creek Subdivision, Section 4, Lot 239. Request: Silvera PUD, Section 6.1, Exhibit “L” Maximum Parcel Coverage – Maximum 35% lot coverage allowed; requesting 52.5% 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. Page 2 of 3 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 Silvera PUD Lot Coverage standard results in practical difficulties in the use of the Real Estate because the Applicant is seeking a home footprint and home size for the proposed custom home that is generally consistent and compatible with the other custom homes that surround the Real Estate. Also, many of the homes in this Section of Jacksons Grant are on relatively smaller lots with larger homes and building a home on the Real Estate that is consistent and compatible with the other surrounding custom homes, combined with the Applicant’s need to construct a home of a certain size and footprint, necessitates the Lot Coverage variance request. Construction of the home 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 desired custom home design. 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 desired home design for its intended buyer DECISION IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals Hearing Officer that Development Standards Variance Docket No. _____________ 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 22nd day of January 2024. _________________________________________ 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). Page 3 of 3 CARMEL/CLAY BOARD OF ZONING APPEALS HEARING OFFICER BALLOT SHEET for FINDINGS OF FACT – VARIANCE Docket No.: _________________ Petitioner: Wedgewood Building Company, LLC (12183 Hobby Horse Drive, Carmel, IN, 46032 Jackson’s Grant on Williams Creek Subdivision, Section 4, Lot 239. Request: Silvera PUD, Section 6.1, Exhibit “L” Maximum Parcel Coverage – Maximum 35% lot coverage allowed; requesting 52.5% lot coverage 1. _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 2. _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 3. _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ DATED THIS 22nd DAY OF January, 2024. __________________________________________________ BZA Hearing Officer, Board Member JACKSONSGRANTBLVD HOBBYHORSEDRB R I DGEMONT LN DYLAN DR ELLIOTCREEKDR L o t 1 4 MALLARD CT PINTAIL CT TEALLNOTTOLNJ A C K S O N S G R A N T B L VD DYLANDR ELLIOTCREEKDR SPRINGMILLRDArcGIS WebMap Parcels City Boundary 2023 Photography Red: Red Green: Green Blue: Blue December 22, 2023 0 0.04 0.080.02 mi 0 0.07 0.130.03 km 1:2,520 ArcGIS WebApp Builder HOBBYHORSEDRDYL AN DR ELLIOTCREEKDR DYLANDR ELLIOTCREEKDR ArcGIS WebMap Parcels City Boundary 2023 Photography Red: Red Green: Green Blue: Blue December 22, 2023 0 0.01 0.030.01 mi 0 0.03 0.060.01 km 1:1,127 ArcGIS WebApp Builder