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HomeMy WebLinkAboutFindings of Fact_Building WidthEXHIBIT “E” DRAFT FINDINGS OF FACT CARMEL ADVISORY BOARD OF ZONING APPEALS HEARING OFFICER CARMEL, INDIANA Docket No.: ____________________ Applicant: Jeff and Shari M. Worrell (collectively, the “Worrells”) Property: 235 1st Avenue NW, Carmel, IN 46032 Variances: UDO Section 3.64 (C) (1) (b) – Maximum Building Width: 45’ permitted; requesting 50.75’ 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 seeking a slight increase in the permitted building/home width is necessary in order to construct a new 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. Further, the main portion of the home complies with the 45’ building width standard and appropriately masses with the other homes in the area. The width of the front porch along the west and south elevation necessitates the need for the variance. 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 the new custom home should have a positive impact on the use and value of the homes and area surrounding the Real Estate. The variance seeking a slight increase in the width of the front porch along the west and south elevation results in a front porch that is more useable, inviting and aesthetically appealing, which should have positive benefits and impacts on the use and value of the homes and area surrounding the Real Estate. Additionally, the main portion of the home complies with the 45’ width standard and appropriately masses with the other homes in the area. 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 is adjacent to alleys on the south and east sides of the Real Estate. The design of the Worrell’s custom home is generally consistent and compatible with other newly constructed and remodeled homes in the general vicinity of the Real Estate. The UDO standard for maximum building width, as strictly applied to the proposed custom residential home, presents practical difficulties in that the front porch would have to be narrower. While main portion of the home complies with the 45’ maximum building/home width standard and appropriately masses with the other homes in the area, the width of the front porch along the west and south elevation necessitates the need for the variance. The variance seeking a slight increase in the width of the front porch results in a front porch design that is more useable, inviting and aesthetically appealing. DECISION IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals Hearing Officer that Development Standards Variance Docket Nos.__________ ___ 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 25th day of November, 2024 ____________________________________________________ CHAIRPERSON, Carmel Board of Zoning Appeals Hearing Officer Member ________________________________________ SECRETARY, Carmel Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign).