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HomeMy WebLinkAboutBZA Dept Report 03.24.253 of 8 CARMEL BOARD OF ZONING APPEALS HEARING OFFICER DEPARTMENT REPORT MONDAY, MARCH 24, 2025 (V) Dinges Garage Variances. The applicant seeks the following variance approvals for the construction of a detached garage: 2. Docket No. PZ-2024-00219 V UDO Section 5.02(B)(3) Maximum 24’x30’ detached garage allowed; 28’ x 36’ requested. (And, the combined square footage of the ground floor area of garages and/or accessory buildings shall not exceed 75% of the ground floor area of the principal building, 125% requested.) 3. WITHDRAWN - Docket No. PZ-2024-00220 V UDO Section 2.06 Maximum 18-ft accessory building height allowed; 21-ft requested. The site is located at 13654 Oak Ridge Road (Village of Mt Carmel, Lot 348). It is zoned S2/Residence. Filed by Nathan Dinges, owner. General Info: • The Petitioner seeks approval to construct a 28’ x 36’ detached garage accessory building. • Building Permit B-2024-01594 was applied for. • Variance approval is requested for ground floor area. • The site is in Village of Mt. Carmel subdivision. A Homeowner’s Association (HOA) exists; however, it is more of a social club with no enforcement of any neighborhood covenants/restrictions. • The accessory building will not encroach into any easements. • Surrounding this site are single family residential dwellings and a neighborhood pool and pool house. • Please see the Petitioner’s info packet for more details on the variance requests. Variance Requested: Ground Floor Area - • The UDO states that a maximum 24’x30’ detached garage is allowed (with 720 sq ft of area), and 28' x 36' is requested (with 1,008 sq ft of area). This is a variance of 288 sq. ft. • Also, the UDO states that the combined square footage of the ground floor area of garages and/or accessory buildings shall not exceed 75% of the ground floor area of the principal building, and 128% is requested. This is a variance of 53%. • The new detached garage will be situated near the rear of the site, with a 35-ft side setback and away from any rear easements or utility lines or pipes (around 28 feet away from the stormwater pipe). • Materials and color will be aluminum siding and as close to the same blue as the primary residence. Matching asphalt shingles on the roof. Garage door and trim to match primary residence. • The proposed height now complies with accessory building height restrictions, so that variance is now withdrawn. Remaining Review Comments: • There are a review remaining comments in ProjectDox, our online electronic plan review software, mostly relating the engineering comments, such as: The existing 15-inch RCP (reinforced concrete pipe) will need to be contained within a 30 feet of drainage easement, 15 feet from centerline on each side of the pipe. • Are there any HOA concerns? With the proposal or the existing encroachments onto Common Area land? Final Comments: • The Planning Dept. supports the variance request. The detached garage will be situated near the rear of the site, but far enough away from the underground stormwater pipe. • A portion of the exiting fence encroaches onto adjacent property owned by the HOA. And, the shed is on that HOA property, too. The Petitioner let us know that the previous owner and builder of their home was a previous president of VOMC HOA and had an agreement with the rest of the Board that the fence and mini barn would encroach on community land, with the agreement that he would then mow and maintain that 4 of 8 additional space (taking it off the responsibility of the VOMC). The Petitioner had verbally made the same agreement with the current board of VOMC. 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 the variance request with the condition of addressing all remaining review comments in ProjectDox, and with the adoption of the Findings of Facts submitted by the Petitioner.