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HomeMy WebLinkAboutDept Report 10-26-09 BZA2 -7h. Guilford Commons Townhomes (The Cottages at Carmel) The applicant seeks the following development standards variance approvals: Docket No. 09090003 V Section 18.04.03 Reduction of minimum side yard Docket No. 09090005 V Section 18.04.04 Reduction of aggregate side yard Docket No. 09090006 V Section 18.04.05 Reduction of rear yard Docket No. 09090007 V Section 18.04.06 Reduction of lot width Docket No. 09090008 V Section 18.04.07 Reduction of minimum lot size Docket No. 09090009 V Section 18.04.09 Increase in maximum lot coverage The site is located at 531 Guilford Road and is zoned B7 /Commercial. Filed by Jon Dobosiewicz of Nelson Frankenberger and Justin Moffett for Guilford Commons, LLC. CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT October 26, 2009 General Info: The petitioner is requesting approval for several development standards variances related to the development of a townhouse project. Analysis: This project has been previously reviewed and approved by this Board under docket numbers 07070044- 07070052. At the time, it was anticipated that the subdivision would use the Condominium ownership structure, but since then obtaining funding has become more difficult and the petitioner has determined the best way to continue with the project is to develop the site as townhouses. The overall design and layout of the project has not changed; only the ownership structure has. However, given the differences in common area and private area in condos versus townhouses, filing several variances to reduce setbacks, lot size, and lot width, and increase lot coverage have been filed. The only other change to the site has been the addition of a three- season room on the back of several units. These rooms are factored into the variance request. Given that very little has changed with the physical appearance of the site, any impact to surrounding properties is likely to be minimal. Findings of Fact: Setback and lot size reductions 1. The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: the overall physical layout of the project has not changed. 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 overall physical layout of the project has not changed. 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 subdivision would need to be redesigned to meet earlier variance approvals. Findings of Fact: Increase in 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 overall physical layout of the project has not changed. 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 overall physical layout of the project has not changed. 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 subdivision would need to be redesigned to meet earlier variance approvals. Recommendation: The Dept. of Community Services recommends positive consideration of Docket Nos. 09090003 V and 09090005 V 09090009 V after all concerns have been addressed.