HomeMy WebLinkAboutFindings of Fact 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