HomeMy WebLinkAboutPacket for HO 11-25-24
235 1st Avenue NW
(Lot 6 Henry Roberts Addition)
Jeff and Shari Worrell
DEVELOPMENT STANDARDS VARIANCE REQUESTS
CITY OF CARMEL, INDIANA
Docket Nos. PZ-2024-00200V; PZ-2024-00210V
and PZ-2024-00211 V014
November 25, 2024
Carmel Board of Zoning Appeals Hearing
Applicant: Jeff and Shari Worrell
Attorneys: Nelson & Frankenberger, LLC
James E. Shinaver, Attorney
Jon C. Dobosiewicz, Land Use Professional
TABLE OF CONTENTS
1. Explanation of Request
2. Site Location Map
3. Color Site Plan
4. Black and White Site Plan
5. Home Elevation and Floor Plans
6. Findings of Fact and Ballot Sheet for Maximum Lot Coverage Variance
7. Findings of Fact and Ballot Sheet for Building Width Variance
8. Findings of Fact and Ballot Sheet for Character Buildings Height Variance
TAB 1
235 1st Ave. NW Development Standards Variance Project Description
The applicants, Jeff and Shari M. Worrell (collectively, the “Worrells”), own a parcel of
real estate identified by the Hamilton County, Indiana Auditor’s Office as Tax Parcel
Identification Number 16-09-25-12-02-036.000, which parcel has a common address of 235 1st
Avenue NW, Carmel, IN 46032 and is also identified as Lot 6 in Henry Roberts Addition
(collectively, the “Real Estate”). The Real Estate is located on the east side of 1st Avenue NW,
between 2nd Street NW and 3rd Street NW and is zoned R4/Residential and is within the Old
Town Overlay - Character Sub-Area. Included behind Tab 2 is a site location map.
The Worrells plan to demolish the existing home in order to construct a new custom
home on the Real Estate. Old Town Design Group is the architect and builder for the new
custom home that is proposed.
In order to construct the new custom home on the Real Estate, the Worrells are seeking
the following development standards variance:
1. UDO Section 3.64 (C) (3) (c) (i) – Maximum Parcel Coverage: 45% permitted;
requesting 49%.
The subject Real Estate is a narrow lot of a smaller size adjacent to alleys on the south
and east sides of the Real Estate. The design of the Worrell’s custom home is consistent
and compatible with the character of other newly constructed and remodeled homes in
the general vicinity. The UDO standard for maximum parcel coverage, as strictly applied
to the proposed custom residential home, presents practical difficulties in designing a
custom residential home that meets the needs of the Worrells, and which is generally
consistent with other newly constructed and remodeled homes in the general vicinity of
the Real Estate.
2. UDO Section 3.64 (C) (1) (b) – Maximum Building Width: 45’ permitted; requesting
50.75’
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.
3. 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 up to roof peak; requesting 35’ 2 ½” up to
roof peak for a portion of the home.
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’ up to the roof peak would be permitted for the
Worrell’s home and they are seeking an increase of this height to 35’ 2 ½” up to the
roof peak for a portion of the home (See Tab 5 for home elevations). 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.
Included behind Tab 3 and Tab 4, respectively, is a color site plan and black and white
dimensioned site plan. Included behind Tab 5 are the proposed custom home elevations.
Included behind Tab 6, 7 and 8, respectively, are the Findings of Fact and Ballot Sheets for the
requested variances.
We look forward to presenting this request to the BZA Hearing Officer at your November
25, 2024, meeting.
Respectfully submitted,
,
TAB 2
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ArcGIS Web Map
Parcels
Street Ownership
Carmel
9/18/2024, 7:59:04 AM
0 0.03 0.060.01 mi
0 0.05 0.10.03 km
1:1,635
TAB 3
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WORRELL
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SITE PLAN
R.L.S. # LS20500017 DATE:
FOR: OLD TOWN DESIGN GROUP
BY: VITREON AEC
803 S. OHIO STREET
SHERIDAN, INDIANA 46069
Ph: 317-800-8632
E: doug@vitreon.group
JOB NO: 23-029 SHEET 1 OF 2
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LOT 6 IN HENRY ROBERT HEIRS ADDITION TO
CARMEL, INDIANA
235 1ST AVE NW
MUSIC ROOM
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Due to field conditions and
the nature of custom home building
actual dimensions & elevations
may vary slightly from plans.
2024 The OLD TOWN DESIGN GROUP, LLC
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FRONT ELEVATION
3/32" SCALE ON 11x17 SHEET
3/16" SCALE ON 24x36 SHEET
RIGHT ELEVATION
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TAB 6
CARMEL ADVISORY BOARD OF ZONING APPEALS
HEARING OFFICER CARMEL, INDIANA
Docket No.: PZ-2024-00200V
Applicant: Jeff and Shari M. Worrell (collectively, the “Worrells”)
Property: 235 1st Avenue NW, Carmel, IN 46032
Variances: UDO Section 3.64 (C) (3) (c) (i) – Maximum Parcel Coverage: 45% permitted; requesting 49%.
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 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.
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.
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 parcel coverage, as strictly applied to the proposed custom residential
home, presents practical difficulties in designing a custom residential home that meets the needs and
desires of the Worrells, and which is generally consistent and compatible with other newly constructed
and remodeled homes in the general vicinity of the Real Estate.
DECISION
IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals Hearing Officer that Development
Standards Variance Docket No. PZ-2024-00200V 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).
CARMEL/CLAY BOARD OF ZONING APPEALS HEARING OFFICE
BALLOT SHEET for FINDINGS OF FACT – VARIANCE
Docket No.: PZ-2024-00200V
Applicant: Jeff and Shari M. Worrell (collectively, the “Worrells”)
Property: 235 1st Avenue NW, Carmel, IN 46032
Variances: UDO Section 3.64 (C) (3) (c) (i) – Maximum Parcel Coverage: 45% permitted; requesting 49%.
1. _____________________________________________________________________________________
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2. _____________________________________________________________________________________
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3. _____________________________________________________________________________________
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_____________________________________________________________________________________
_____________________________________________________________________________________
DATED THIS 25th DAY OF NOVEMBER, 2025.
____________________________________________________
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).
TAB 7
CARMEL ADVISORY BOARD OF ZONING APPEALS
HEARING OFFICER CARMEL, INDIANA
Docket No.: PZ-2024-00210 V
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 No. PZ-2024-00210V 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).
CARMEL/CLAY BOARD OF ZONING APPEALS HEARING OFFICE
BALLOT SHEET for FINDINGS OF FACT – VARIANCE
Docket No.: PZ-2024-00210 V
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’
1. _____________________________________________________________________________________
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2. _____________________________________________________________________________________
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3. _____________________________________________________________________________________
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DATED THIS 25th DAY OF NOVEMBER, 2025.
____________________________________________________
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).
TAB 8
CARMEL ADVISORY BOARD OF ZONING APPEALS
HEARING OFFICER CARMEL, INDIANA
Docket No.: PZ-2024-00211V
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” up to the roof peak for a portion of the home.
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” up to the roof
peak for a portion of the home (See Home Elevations submitted with BZA Brochure). 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 No. PZ-2024-00211V 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).
CARMEL/CLAY BOARD OF ZONING APPEALS HEARING OFFICE
BALLOT SHEET for FINDINGS OF FACT – VARIANCE
Docket No.: PZ-2024-00211V
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”.
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DATED THIS 25th DAY OF NOVEMBER, 2025.
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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).