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HomeMy WebLinkAboutDept Report 05-18-09 updateCARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT April 27, 2009 3-6h. Blackwell Park The applicant seeks the following development standards variances for five parcels Docket 09030007 V Section 8.04.02.D Reduction of minimum lot area Docket 09030008 V Section 8.04.03.A Reduction in minimum front yard setback Docket 09030009 V Section 8.04.03.E Reduction in minimum lot width Docket 09090010 V Section 8.04.03.F Increase in maximum lot coverage The sites are located at 3`a Street NE and are zoned R2,. They are not in the Old Town Overlay District. Filed by Justin Moffett. General Info: The petitioner is requesting that four variances, comparable to development standards in the Old Town Overlay, be granted for five parcels to allow for residential development. Surrounding uses are residential. Analysis: The five parcels indicated in the petition lie just outside the Old Town Overlay Zone Character Sub-Area. If the variances requested are granted, they would permit the development of those lots with eight single-family houses, with site development that attempts to mimic a more narrow lot width comparable to adjacent properties that are within the Character Sub-Area. The proposed single family houses would all be detached, and would be accessed by either the existing right-of--way of 2na Avenue NE, or by the proposed extension of 3`d Avenue. This extension's right-of--way does not currently exist, and would be re-platted along with the lots. Within the total development, there are proposed a total of thirteen single-family dwellings on fifty-foot wide parcels. Three of those lots are currently within the Old Town Overlay and have frontage along 2na Avenue NE. The site currently is heavily vegetated, with some large trees and a marshy area on the east end. The petitioner is strongly encouraged to work with the Urban Forester to preserve individual large trees on future home sites. A large area, measuring approximately 0.61 acre and comprising the marshy area, would be designated as a park and detention area. This would provide drainage for the site and adjacent sites while preserving some of the natural features onsite. The proposed parcels would be re-platted (from the original plat) at approximately the same width and depth as existing, adjacent parcels to the west. The site plan is essentially a proposed continuation of the existing neighborhood to the west. Elevations were submitted as part of the packet, but are not required as part of this review. However, the Department would strongly urge the petitioner to use the surrounding mix of one-story and two-story houses as a springboard for new home designs for this proposal. The majority of houses in this part of Old Town are built upon varying sized lots with houses, set fairly close to the sidewalk and with rear or side-load garages. The Department suggests the petitioner to consider adjusting lot widths to complement a mix of home sizes, as this would be more consistent with the historic development patterns in Old Town. The granting of the requested variances should ensure that development of the site be context-sensitive; the design of the houses should also continue, and enhance, the overall character of the neighborhood. Department would suggest a commitment from the petitioner to extend the new construction standards of the Old Town Overlay Zone Character Sub-Area, 23D.03, and including the approval process in 232D.04., to all parcels in this project. Findings of Fact: Reduction of lot area, front yard setback, and lot width 1. The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: the proposed reductions would be in line with the Old Town Chazacter Sub-Area, which applies to adjacent pazcels. 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 proposed reductions would be in line with the Old Town Character Sub-Area, which applies to adjacent parcels. 3. The strict application of the terms of the Zouiug Ordinance to the property will result in practical difficulties in the use of the property because: the lots would need to be platted at a significant size increase, and would not be comparable or context-sensitive to surrounding, smaller lots. Findings of Fact: Increase in allowable lot coverage 1. The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: the proposed reductions would cause a corresponding increase in lot coverage, similar to existing lots. 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 proposed reductions would cause a corresponding increase in lot coverage, similar to existing lots. 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 lots would need to be platted at a significant size increase, and would not be comparable or context-sensitive to surrounding, smaller lots. Recommendation: At the previous Boazd meeting on April, the petitioner was requested to provide a copy of the wetland report to the Department, and, to meet with the neighbors in an attempt to resolve their concerns. Attached you will find a copy of the wetlands report prepazed by Alt and Witzig, and, copies of correspondence from both the neighbors and Mc Moffett indicating communication up to and since the April meeting. The Dept. of Community Services recommends positive consideration of Docket Nos. 09030007-10 V after all Department suggestions and public concerns have been addressed.