HomeMy WebLinkAboutDepartment Report 06-24-24
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CARMEL BOARD OF ZONING APPEALS HEARING OFFICER
DEPARTMENT REPORT
MONDAY, JUNE 24, 2024
(V) Felts Residence, Rear Yard Setback Variance.
The applicant seeks the following development standards variance approval to construct a new 2-story
house on a vacant lot:
7. Docket No. PZ-2024-00084 V UDO Section 2.18 Minimum 25’ rear yard building setback
allowed, 36.17’ requested (previously approved Docket No. 19100022 V: Rear Setbacks, Single-Family
Dwellings. 20’ max. allowed; 25’ granted). The site is located at 865 Rosemary Gardens. It is zoned UR/
Urban Residential. Filed by Casey Shinaver of Old Town Companies on behalf of North End Land
Development LLC.
General Info:
• The Petitioner seeks approval to construct a new single family home in the North End development.
• A BZA variance approval is requested for the maximum allowed rear yard building setback.
• The site is located in North End Subdivision, and HOA (Homeowners Association) approval has been
granted (via the Architectural Control Committee).
• Surrounding this site are single family homes to the east, west, and south, and open space to the north.
• Please see the Petitioner’s info packet for more
detail on the variance request.
Variance Requested:
Max. Rear Building Setback -
• The UDO requires a maximum 20-ft rear yard
building setback for UR/Urban Residential zoned
land.
• A prior BZA variance was granted to allow a
maximum 25-ft rear setback - Docket No.
19100022 V.
• Now, the Petitioner requests variance approval for
a 36.71 ft. rear yard building setback. This is a
variance of 11.71 feet, or a 46% change.
• Open Space exists to the rear of the site (north of
the lot). It will contain a walking path.
Remaining Review Comments:
• All planning/zoning review comments have been addressed.
Final Comments:
• The Planning Dept. supports the variance request. To the north of this site will be open space (with a stream
easement) for the development, and the extra back yard provided on this lot will complement that, while
allowing the house to be built up to the street and help keep the character/setback of homes along that stretch
of road.
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,
and with adoption of the Findings of Fact submitted by the Petitioner.