HomeMy WebLinkAboutPacket for BZA 05-27-25
670 1st Avenue NE
DEVELOPMENT STANDARDS VARIANCE REQUESTS
CITY OF CARMEL, INDIANA
Docket No PZ-2025-00073 V – PZ-2025-00075 V
May 27, 2025
Carmel Board of Zoning Appeals
Applicant: Jeff & Molly Cooke
Attorneys: Nelson & Frankenberger, LLC
James E. Shinaver, Attorney
Jon C. Dobosiewicz, Land Use Professional
TABLE OF CONTENTS
1. Explanation of Request
2. Site Location Maps
3. Site Plan
Conceptual Landscape Plan
4. Home Elevations
5. Home Perspective
6. Findings of Fact and Ballot Sheet for Home Width
7. Findings of Fact and Ballot Sheet for Minimum Roof Pitch
8. Findings of Fact and Ballot Sheet for Building Height
TAB 1
PROJECT DESCRIPTION
The applicants, Jeff and Molly Cooke, (collectively, the “Cookes”), own a parcel of real
estate identified by the Hamilton County, Indiana Auditor’s Office as Tax Parcel Identification
Number 16-10-30-05-01-006.000, which parcel has a common address of 670 1st Avenue NE,
Carmel, IN 46032 as illustrated behind Tab 2 (the “Real Estate”). The Real Estate is zoned
R2/Residential and is within the Old Town Overlay - Character Sub-Area. The Cookes plan to
construct a new custom home on the Real Estate and Old Town Design Group will be the builder.
It should be noted that the Cookes obtained variance approval from the BZA on April 26,
2021, for the building width to be increased from 55’ to 83’. However, after the 2021 BZA
variance was granted, the Cookes did not advance the plans for constructing the new home, so the
prior width variance has lapsed and is no longer in effect.
The Cookes are now prepared to advance construction of the new custom home and in
addition to seeking a variance from the maximum building width requirement, based on their
specific 2-story Arts and Crafts Style home designs, they also are seeking variances related to (i) the
roof slope and (ii) maximum building height.
In order to construct the new custom home on the Real Estate, the Cookes are seeking the
development standards variances that are described below:
1. UDO Section 3.64 (C)(1)(b) – Maximum Building Width: 55’ permitted; requesting
81’ (not including covered porch).
The design of the home is based on an Arts & Crafts style of architecture. This style is
keeping with the historical character of the Old Town Sub-Character Overlay and many
of the new homes in the District. The lot is approximately 132’ in width. The proposed
home is divided into two (2) principal and distinct wings with a connector hallway and
basement. See the proposed site plan behind Tab 3. The north wing is approximately
25’ wide, the south wing is approximately 40’ wide. The two wings are connected by a
basement and hall that is approximately 16’ wide. The combined width of the two (2)
wings and connector is approximately 81’ not including a covered porch attached to the
south wing. While the combined width exceeds the 55’ limit, the individual wings do
not. The connector hallway is located 35-40’ behind the building line of the two wings,
so the two (2) wings will appear to be two separate structures from the street. This
layout, along with having separate utilities for each wing, will allow the current or future
owners to subdivide the parcel into separate lots, if desired. Limited remodeling and
eliminating the connector hallway, would result in two (2) individual homes on two (2)
separate lots. Staff has confirmed that splitting the lot in two would require Primary Plat
approval from the Plan Commission, which is a public hearing approval process, as well
as Secondary Plat approval.
2. UDO Section 3.64 (C) (9) (a) – Roof Pitch: 8:12 pitch required; requesting 6:12
The design of the home is based on an Arts & Crafts style of architecture and a 6/12 roof
pitch is customary and consistent with the Arts & Crafts design theme. Some key
elements of Arts & Crafts architecture include low-pitched roofs, multiple windows,
prominent porches with prominent columns and natural building materials (stone, brick,
and craftsman front doors), which elements are present in the Cookes custom home
design. The UDO standard for the required roof pitch, as strictly applied to the proposed
custom home, presents practical difficulties because designing the home with an 8:12
roof pitch would be inconsistent with the Arts & Crafts style of architecture. The design
of the Cookes home is aesthetically appealing and consistent with the Arts & Crafts
design style.
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: 26’6” would be permitted up to roof peak; requesting 34’4” up to roof peak for
the central, 2-story portion of the home.
Home elevations of the proposed 2-story home are provided behind Tab 4. The design
of the Cookes custom 2-story home is consistent and compatible with other homes in the
vicinity of the Real Estate and the proposed height of the home is not out of character for
the other 2-story homes in the vicinity. Existing 2-story home heights in the vicinity of
the Real Estate include homes with heights between approximately 27’ and 31’. Two (2)
other 1-story homes as also in the vicinity and measure approximately 20’ in height.
The two shorter homes are two the north of the proposed homes nearest the 1-story wing
of the house.
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 26’6” 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, it would not be out of character or inconsistent for
the area, as a 2-story homes are consistent with the design theme and common for the
area.
Included behind Tab 6, Tab 7 and Tab 8 are the Findings of Fact and Ballot Sheets for the
three separate variances.
We look forward to presenting this request to you the BZA Hearing Officer at your May 27,
2025 meeting.
Respectfully submitted,
TAB 2
Hamilton County, Indiana
3/25/2025, 12:54:59 PM
0 0.04 0.090.02 mi
0 0.07 0.140.04 km
1:2,400
Author: Hamilton County
Hamilton County compiled this map. Although strict accuracy standards have been employed, Hamilton County does not warrant or guarantee the accuracy of the information contained herein and disclaims any and all liability resulting from any error or omission.
Hamilton County, Indiana
3/25/2025, 12:56:02 PM
0 0.02 0.040.01 mi
0 0.04 0.070.02 km
1:1,200
Author: Hamilton County
Hamilton County compiled this map. Although strict accuracy standards have been employed, Hamilton County does not warrant or guarantee the accuracy of the information contained herein and disclaims any and all liability resulting from any error or omission.
TAB 3
INST# 2021006819 INST# 2021029437
INST# 2024004035
N 89°48'32" E 171.89'
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TAB 4
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TAB 6
EXHIBIT “C”
CARMEL ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.: PZ-2025-00073 V
Applicant: Jeffrey & Molly Cooke
Property: 670 1st Avenue NE, Carmel, IN 46032
Variance: UDO Section 3.64(C) 1) b) – Maximum Building Width: 55’ permitted; requesting 81’
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
consisting of two wings and approval of the variance will not be injurious to the public health, safety,
morals and general welfare of the community. Further, the two portions of the home comply with the 55’
building width standard and the two wings appropriately mass with the other homes in the area.
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 design and location of the home should have positive benefits and impacts 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 style of the home is in is keeping with the historical character of the Old Town Sub-Character Overlay
and many of the new homes in the District. The lot is approximately 132’ in width. The proposed home is
divided into two (2) principal and distinct wings with a connector hallway and basement. The north wing is
approximately 25’ wide, the south wing is approximately 40’ wide. The two wings are connected by a
basement and hall that is approximately 16’ wide. The combined width of the two (2) wings and connector
is approximately 81’ not including a covered porch attached to the south wing. While the combined width
exceeds the 55’ limit, the individual wings do not. The connector hallway is located 35-40’ behind the
building line of the two wings, so the two (2) wings will appear to be two separate structures from the
street.
DECISION
IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Development Standards Variance
Docket No. PZ-2025-00073 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)
CARMEL/CLAY BOARD OF ZONING APPEALS
BALLOT SHEET for FINDINGS OF FACT – VARIANCE
Docket No.: PZ-2025-00073 V
Applicant: Jeffrey & Molly Cooke
Property: 670 1st Avenue NE, Carmel, IN 46032
Variances: UDO Section 3.64 (C)(1)(b) – Maximum Building Width: 45’ permitted; requesting 81’
1. _____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
2. _____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
3. _____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
DATED 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).
TAB 7
EXHIBIT “C”
FINDINGS OF FACT
CARMEL ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.: PZ-2025-00074 V
Applicant: Jeffrey & Molly Cooke
Property: 670 1st Avenue NE, Carmel, IN 46032
Variance: UDO Section 3.64 (C) (9) (a) – Roof Pitch: Shall have a minimum pitch of 8:12; a request to
allow the roof slope of the main roof to be 6:12.
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 variance 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 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 design of the home is based on an Arts & Crafts style of architecture and a 6/12 roof pitch is customary and
consistent with the Arts & Crafts design theme. Some key elements of Arts & Crafts architecture include low-pitched
roofs, multiple windows, prominent porches with prominent columns and natural building materials (stone, brick, and
craftsman front doors), which elements are present in the Cookes custom home design. The UDO standard for the
required roof pitch, as strictly applied to the proposed custom home, presents practical difficulties because designing
the home with an 8:12 roof pitch would be inconsistent with the Arts & Crafts style of architecture.
DECISION
IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket
No.PZ-2025-00074 Vis 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 May, 2025
____________________________________________________
CHAIRPERSON, Carmel Board of Zoning
________________________________________
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
BALLOT SHEET for FINDINGS OF FACT – VARIANCE
Docket No.: PZ-2025-00073 V
Applicant: Jeffrey & Molly Cooke
Property: 670 1st Avenue NE, Carmel, IN 46032
Variances: UDO Section 3.64 (C)(9)(a) – Roof Pitch: Shall have a minimum pitch of 8:12; a request to
allow the roof slope of the main roof to be 6:12.
1. _____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
2. _____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
3. _____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
DATED 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).
TAB 8
EXHIBIT “C”
CARMEL ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.: PZ-2025-00075 V
Applicant: Jeffrey & Molly Cooke
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 26’6” 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 (2-story) 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 2-story home, as proposed, would not be out of character or inconsistent
with other 2-story 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-2025-00075 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.: PZ-2025-00073 V
Applicant: Jeffrey & Molly Cooke
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”.
1. _____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
2. _____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
3. _____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
DATED 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).