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HomeMy WebLinkAboutFindings of Fact_Building HeightEXHIBIT “F” 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) (11) (c) – Building Heights shall not exceed the height of the tallest dimension of the nearest two (2) Character Buildings in the same block, or across the street by seven (7) feet: Height Permitted based on nearby Character Building heights: 31’ would be permitted; requesting 35’ 2 ½”. 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 an increase in the permitted building/home height 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. The proposed height of the home will be generally compatible with other homes in the vicinity and due a drop in grade of the lot from east to west, the proposed finished floor height home height is as low as possible while still maintaining proper grading and drainage for the lot. 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. Further, the proposed height of the home will be generally compatible with other homes in the vicinity and due to a drop in grade of the lot from east to west, the proposed finished floor height of the home is as low as possible while still maintaining proper grading and drainage for the lot. 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 has a drop in grade of approximately 3’ from east to west and the proposed finished floor height of the home is as low as possible while still maintaining proper grading and drainage for the lot. The design of the Worrell’s custom home is generally consistent and compatible with other homes in the general vicinity of the Real Estate and the proposed height of the home is not out of character for the other homes in the vicinity. The proposed home height does comply with UDO Section 3.64 (C) (11) (b), as the proposed building height is 24’ 7 ¾” as measured to the midpoint of the fascia and ridge and the maximum building height would allow for a 30’ building height. However, the UDO standard in Section 3.64 (C) (11) (c) requires that building heights shall not exceed the height of the tallest dimension of the nearest two (2) Character Buildings in the same block, or across the street by seven (7) feet. Based on the approximate heights of the nearby Character Building heights, a height of 31’ would be permitted for the Worrell’s home and they are seeking an increase of this height to 35’ 2 ½”. If the subject UDO height standards were strictly applied to the Worrell’s home, the practical difficulty that is presented is that they may have to lower the grading of the lot to accommodate a lower finished floor height and building height, which could cause negative drainage impacts on the Real Estate. Allowing the building height variance will accommodate proper site drainage and the proposed height will not be out of character or inconsistent with other homes in the general vicinity. 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).