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CARMEL BOARD OF ZONING APPEALS HEARING OFFICER
DEPARTMENT REPORT
MONDAY, JUNE 24, 2024
(V) Hauser Accessory Building Variance.
The applicant seeks the following development standards variance approval for a detached garage/storage
shed on a corner lot:
9. Docket No. PZ-2024-00091 V UDO Section 2.10 Minimum 20-ft rear yard setback
allowed, 3.6-ft requested. The site is located at 730 Altam Ave. (Carmel Meadows, Lot 26). It is zoned
R2/Residence. Filed by Jerry Hauser, owner.
General Info:
• The site is a Corner Lot with two street frontages, hence two front yards.
• The Petitioner seeks approval for an accessory structure in the back yard.
• 7.5-ft wide utility strip easements run along the west and north sides of the lot.
• The site is located in Carmel Meadows Subdivision; it does not appear that an HOA (Homeowners
Association) exists.
• Surrounding this site are single family residential homes.
• Pending accessory building permit is B-2024-00540.
• Please see the Petitioner’s info packet for more detail on the variance request.
Variance Requested:
Accessory Building Setback -
• The accessory structure will be a tan color, will be made of metal siding and roofing, and will be 13-ft tall.
• It will be located behind a wooden privacy fence, in the backyard.
• The proposed 16’ x 22’ accessory building will be located closer than 10-ft to the main primary structure.
Due to that closeness, the accessory building is considered a part of the main structure, and so it has to
maintain a 20-ft rear yard building setback.
• The UDO requires that Accessory Buildings on a corner lot (that are located further than 10-ft from the
main/primary structure) shall not be erected forward of any building or in any required minimum front yard.
It also requires that the side/rear setbacks be the easement width plus 3-ft. In that case, the rear yard setback
would be the easement plus 3-ft (or 10.5 feet from the west property line), and the Petitioner requests a rear
setback of 3.6 feet from the west property line (which also encroaches into the 7-5-ft wide easement).
• Since the structure will also encroach into the utility easement, Consent to Encroach approval will also need
to be gained from the Carmel Board of Public Works & Safety (BPW), and that is done through the Carmel
Engineering Dept. (The pending CTE case is CO-2024-0016.)
Remaining Review Comments:
• All planning/zoning review comments have been addressed.
Final Comments:
• The Planning Dept. supports the variance request, with the condition of the Petitioner gaining Consent to
Encroach approval from the Board of Public Works & Safety.
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 BPW Consent to Encroach approval, and with adoption of the Findings of Fact submitted by
the Petitioner.