HomeMy WebLinkAboutDept Report CARMEL BOARD OF ZONING APPEALS HEARING OFFICER
DEPARTMENT REPORT
NOVEMBER 22, 2010
2. CW Weidlers Addition, Lots 16 -17: Garriott Residence (645 1st Ave NE)
The applicant seeks the following development standards variance approval:
Docket No. 10110004 V: Ordinance Chptr 23D.03.C.3.c (iii): Exceeding maximum 90 -ft lot width. The
site is zoned R- 3/Residence, within the Character subarea of the Old Town District Overlay Zone. Filed by
Justin Moffett of The Old Town Design Group for Brian Jean Garriott, owners.
,1 3 i t a General Info: The petitioner seeks
TsaifiC
variance approval have a lot that exceeds
F i, P ail, i r 90 feet in width, within the Old Town
.1 i 4, Overlay Zone. The intent is to
V g replat/combine and create one lot from two
t' 4, k existing platted lots to be approximately
t �y 104 feet wide.
I z�u r 7� t F I, i Analysis: The intent is to demolish the
to s� fi existing house (built around 1945) and
pt t z build a new house in the same approximate
w i to m YI location. The current house is not marked
a. a a v r 'S- s yr b� r
i 7 ,r 4 v a r as a contributing building. (Contributing
3 r g g• g
d y t r Bu are those that have certain
t characteristics that are in keeping with
historical construction in the Old Town
t e r l�� i rus n .r .a
r h
44 District. Non contributing Buildings, r 3 w usually built later, do not have many of
i '''''`.t q'. y Y''V ka i these characteristics. The aim of the Old
F to e' v Town Overlay guidelines is to preserve or
3 F •j I create contributing characteristics where it
17 f' is possible to do so.) The ordinance does
I je d -�Z '_,rt:E not permit a new house to be built across
1 3�,
z ri W P a 5, platted lot lines. And, saving part of the
existing house foundation to maintain a part of the legal nonconfomiity (grandfathering) is not feasible.
Findings of Fact: lot width exceeds 90 -ft in the Old Town Overlay Zone
1. The approval of this variance will not be injurious to the public health, safety, morals, and general
welfare of the community because: one house is replacing another. The current house is not marked as a
contributing building. The new house setbacks, architecture, materials and colors will be reviewed and
approved by the Planning Department, as part of the Site Plan Design Review (SDR) application, so that it
complies with the Old Town Overlay Zone requirements complements the character of Old Town.
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: one house will be replacing another. The current house is not marked
as a contributing building. The new house setbacks, architecture, materials and colors will be reviewed and
approved by the Planning Department, as part of the Site Plan Design Review (SDR) application, so that it
complies with the Old Town Overlay Zone requirements complements the character of Old Town.
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: saving part of the existing house foundation to maintain a
part of the legal nonconformity (grandfathering) is not feasible, and also, building a new house that meets the
Old Town Overly character requirements may not be feasible, possibly hindering a new house from being built
that would enhance the character of Old Town.
Recommendation: The Dept. of Community Services recommends positive consideration of Docket No.
10110004 V after all concerns have been addressed. (Note: a Secondary Plat/Replat application and a Site Plan
Design Review (SDR) application will also need to be filed.)