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Development Standards Variance for
721 1 Ave NO/Carmel, IN
Docket No. 11010013 V Ch. 23D.03.C.3.b: front yard setback
City of Carmel
BZA Hearing Officer 5:30 pm February 28, 2011
Applicant: The Old Town Design Group
Justin Moffett, 317 966 -2023 or justinmoffett @aol.com
Explanation of Variance Request
for 721 1 Ave NW, Carmel, IN
The Old Town Design Group is seeking a variance on the front yard setback for the
proposed home at 721 1 Ave NW. The Old Town Overlay Zone stipulates that the front
yard setback is determined by the dominant front yard setback of contributing homes on
the same block and same side of the street as the existing home. The existing home is
sited on the lot approximately 60' off the edge of the right -of -way because of a county
regulated legal drain running through the front yard of the property.
The existing home, which is Non contributing in the Old Town Overlay Zone, will be
torn down and a new home will be built meeting the architectural guidelines described in
the chapter 23 of the zoning ordinance. The Hamilton County Drainage Board will
require that a new home be built 15' beyond the center line of the pipe, which would
place it in approximately the same position as the existing home.
A variance from the zoning ordinance is requested to allow a new home to be built on the
lot at 721 1 Ave NW with a front yard setback being designated as "A minimum of 15'
(fifteen feet) and a maximum of 20' (twenty feet) beyond the center line of the Morrow
Follett Drain."
CARMEL /CLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No. 11010013 V Ch. 23D.03.C.3.b: front yard setback
Petitioner: The Old Town Design Group, LLC
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:
There is a 42" storm water pipe (county regulated legal drain) running at an angle through the
front yard of the property. The Hamilton County Drainage Board has an easement over the
property and will require a new home to be built 15' beyond the location of the pipe. This
eliminates the possibility of building a home in compliance with the zoning ordinance.
DECISION
IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Development
Standards Variance Docket No. 11010013 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 28th day of February, 2011.
CHAIRPERSON, Carmel /Clay Board of Zoning Appeals
SECRETARY, Carmel /Clay Board of Zoning Appeals