HomeMy WebLinkAboutPacket RECEIVED
DOCS
Development Standards Variance for
645 1 Ave NE, Carmel, IN
Docket No. 10110004 V Ordinance Chptr 23D.03.C.3.c (iii): Maximum 90 -ft lot width
City of Carmel
BZA Hearing Officer 5:45 pm November 22, 2010
Applicant: The Old Town Design Group for client Brian and Jean Garriott
Justin Moffett, 317 966 -2023 or justinmoffett@aol.com
TABLE OF CONTENTS
1. Explanation
2. Aerial photograph of general area in "old town Carmel" with site outlined
3. Plot plan of existing home
4. Proposed color site plan for new home
5. Proposed Findings of Fact for Development Standards Variance Requests
Explanation of Variance Request
for 645 1 Ave NE Carmel IN
The Old Town Design Group, on behalf of Brian and Jean Garriott, seek a
variance on the maximum allowed lot width of ninety (90) feet. The owners desire to
tear down the existing home, which is non conforming in the Old Town Overlay Zone,
and build a new home meeting the architectural guidelines described in the Overlay
zoning ordinance.
The existing home is sited on the lot line of two lots, each of which measures 51.9' x
145'. The owner would like to place the new home in a similar spot as the existing home,
which appears from the street to be centered on the lot. It is not allowed under the
present zoning ordinance to build on a lot line even if the property is owned by the same
person. In order to place the home as desired on the property a replat of the lots into a
single lot is needed.
In order to accomplish replatting the property into a single parcel a variance is needed to
allow a maximum of one hundred four (104) feet in lot width to accommodate the
combining of the two existing lots.
CARMEL /CLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No. 10110004 V Ordinance Chptr 23D.03.C.3.c (iii): Maximum 90 -ft lot width
Petitioner: The Old Town Design Group for clients Brian and Jean Garriott
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 applicant seeks to replace a single family home in poor condition with a new single family
home.
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 applicant proposes to demolish a home that is considered non conforming in the Old Town
Overlay Zone and build a new home that complies with the design guidelines set forth in the Old
Town Overlay Zone (Ch. 23 of the zoning ordinance). The quality and value of the proposed home
will be several times greater than the existing structure.
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:
To rebuild a new structure on the lot in the same place as the existing home would be considered
an illegal non conforming use and would not be allowed under the zoning ordinance because it
would straddle the property line of two narrow lots. The applicant desires to position the new
home in approximately the same place as the previous home to take advantage of the curb cuts
and utility locations, and to avoid altering the streetscape substantially. To accomplish placing
the home in the middle of the lot the applicant must replat the two lots into a single lot which
requires a variance on the maximum lot width.
DECISION
IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Development
Standards Variance Docket No. 10110004 V is granted, subject to any conditions stated in the minutes of
this Board, which are incorporated herein by reference and made a part hereof.
Adopted this 22nd day of November, 2010.
CHAIRPERSON, Carmel /Clay Board of Zoning Appeals
SECRETARY, Carmel /Clay Board of Zoning Appeals