HomeMy WebLinkAboutFindings of Fact_Building HeightEXHIBIT “C”
CARMEL ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.: __________________
Applicant: ______
Property: 670 1st Avenue NE, Carmel, IN 46032
Variance: 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: requesting 34’4” 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.
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.
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 proposed home height does comply with UDO Section 3.64 (C)(11)(b), as the proposed
building height is 28’1” as measured to the midpoint of the fascia and ridge and the maximum
building height would allow for a 35’ 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 25’6” up
to the roof peak would be permitted for the Cookes home and they are seeking an increase of this
height to 34’4’ up to the roof peak for the central portion of the home. If the Old Town Character
Subarea height standards were strictly applied to the Cookes home, the practical difficulty that is
presented is that while the height of the home may be taller than some of the surrounding homes, a
two-story home, as proposed, would 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 that Development Standards
Variance Docket No. PZ-_______-V 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 ___ day of _______, 2025
____________________________________________________
CHAIRPERSON, Carmel Board of Zoning Appeals
________________________________________
SECRETARY, Carmel Board of Zoning Appeals
Conditions of the Board are listed on the back. (Petitioner or his representative to sign).
CAMEL/CLAY BOARD OF ZONING APPEALS
BALLOT SHEET for FINDINGS OF FACT – VARIANCE
Docket No.: ______________________
Applicant: ____________________________
Property: 670 1st Avenue NE, 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: requesting 34’4”.
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DATED THIS __ DAY OF _________________, 2025.
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CHAIRPERSON, Carmel Board of Zoning Appeals
________________________________________
SECRETARY, Carmel Board of Zoning Appeals
Conditions of the Board are listed on the back. (Petitioner or his representative to sign).