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HomeMy WebLinkAboutDept Report 02-26-241 of 11 CARMEL BOARD OF ZONING APPEALS HEARING OFFICER DEPARTMENT REPORT MONDAY, FEBRUARY 26, 2024 (V) Whiteley Residence, Detached Garage Variances. The applicant seeks the following development standards variance approvals: 1. Docket No. PZ-2023-00231 V UDO Section 5.02.B.1.b Minimum 3-ft setback from easement required for Accessory Building/Use, 8-ft encroachment requested. 2. Docket No. PZ-2023-00208 V UDO Section 5.02.B.3 Combined square footage of the Ground Floor of a Private Garage and/or Accessory Building shall not exceed 75% of the Ground Floor Area of the Principal Building; 86% requested. The site is located at 560 Cedar Lake Ct. (Cedar Lake Subdivision, Lot 11). It is zoned R1/Residence. Filed by Jason Whiteley, owner. General Info: • The Petitioner seeks approval for 24’ x 30’ detached garage. • An 84 sq. ft. triangular area of the corner of the garage will encroach 7.4 feet into the 25 -ft wide drainage, utility, and sewer easement. • Variances are requested a reduced setback and for ground floor area. • The site is located in Cedar Lake Subdivision; there is no HOA (Homeowners Association). • Surrounding this site are single family residential homes. • Please see the Petitioner’s info packet for more detail on the variance requests. Variances Requested: Accessory Building Setback - • The UDO requires accessory buildings to be set back the easement width plus 3 feet from the side/rear property lines, or in this case 28-ft. • The building is proposed to encroach 7.4 feet into the 25-ft wide easement and will have a side setback of 17.6 feet from the side property line. This is a variance of 10.4 feet, or a 37% change. • The detached garage will match/complement the existing house’s colors and materials. • The Carmel Engineering Dept. will require the Petitioner to seek Consent to Encroach approval from the Carmel BPW (Board of Public Works & Safety). • The Petitioner will also need to seek Non-Enforcement of Drainage Easement approval from the Hamilton County Drainage Board (via the Hamilton County Surveyor’s Office). Accessory Building Floor Area - • The site currently has an attached garage, and this proposed detached garage will add 720 sq. ft. (with a 24’ x 30’ footprint). • The UDO requires that the combined square footage of the Ground Floor of a Private Garage and/or Accessory Building shall not exceed 75% of the Ground Floor Area of the Principal Building; and 86% requested. This is a variance of 11%. • The Planning Dept. does not have any concerns with the proposed additional garage Floor Area. Review Comments: • The Petitioner addressed all planning/zoning review comments. Final Comments: • The Planning Dept. supports the variance request, with the condition of approvals from the Carmel Engineering Dept. and the Hamilton County Surveyor’s Office. 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 positive consideration of this variance request with the condition of approvals from the Carmel Engineering Dept. and the Hamilton County Surveyor’s Office, and with adoption of the Findings of Fact submitted by the Petitioner.