HomeMy WebLinkAboutDept Report CARMEL BOARD OF ZONING APPEALS HEARING OFFICER
DEPARTMENT REPORT
FEBRUARY 28, 2011
3. (V) 721 1 Ave NW
The applicant seeks the following development standards variance approval:
Docket No. 11010013 V Ch. 23D.03.C.3.b: front yard setback
The site is located at 721 1 Ave NW and is zoned R -2 /Residence within the Old Town Overlay Character
Subarea. Filed by Justin Moffett of The Old Town Design Group.
�__�y r b General Info &Analysis:
xg 4x f The petitioner seeks variance approval to build a
t 4 „,,,,,,.4i,„ e 0 ~t, new home on the subject parcel that does not
4 p quite meet the ordinance requirements of the Old
k ,w 'I' z i A p t Town Overlay Character Subarea. The Overlay
fir` ;fat x 4 requires that the front yard setback of a home is
h, a' i t r J determined by the dominant front yard setback of
Kt 6 ,i a l the contributing homes on the same black and on
RP 7= N x' P, e d k r a- w1 b
ic 1' the same side of the street as the existing home.
��n h y x r e r n V.".-- 1,%. p'7� 3
,mot OU) GRAYOE LN 'Y rt `YN t t ei
4 4� .r, 4 e f The current existing home sits about 60 -ft back
g k 4' "a" i from the road right of way, due to the location of
the Morrow Follet Drain regulated drain pipe
s r that runs through the front of the site Any new
F, a aS f r r*af'
=34 r� home built on this site could not be built over
a f 5P er r r r N h that legal drain.
4 f i t 2
4 t 1 The petitioner would like to build a new house
with a front yard building setback of a minimum
of 15 feet and a maximum of 20 feet beyond the centerline of the Morrow Follet Drain regulated drain pipe that runs
through the front of the site, in order to accommodate it. Please see the petitioner's informational packet for more detail.
Note: The new house's architectural design and location will be reviewed administratively by the Dept. of Community
Services via a Site Plan Design Review (SDR) application, as required by the Old Town Overlay requirements of the
Zoning Ordinance.
Findings of Fact:
1. The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of
the community because: the new house will be built to the architectural requirements of the Old Town Overlay, but
will be set back further to not conflict with the currently existing legal drain pipe.
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 new house will be built to the architectural requirements of the Old
Town Overlay, but will be set back further as to not conflict with the currently existing legal drain pipe.
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: a new house could not be built to meet the building setback standards of the Old
To Overlay, since the Hamilton County Drainage Board requires any structure be built back 15 -ft beyond the
center line of the regulated legal drain pipe.
Recommendation:
After all concerns have been addressed, the Dept. of Community Services recommends positive consideration of Docket
No. 11010013 V.