HomeMy WebLinkAboutDept Report 04-25-11 CARMEL BOARD OF ZONING APPEALS
DEPARTMENT REPORT
1 APRIL 25, 2011
1 (V) 945 E. 101st St. Pole Barn
The applicant seeks the following development standards variance approval:
Docket No. 11030003 V Ordinance Chapter 25.01.01.A.4: accessory structure built without a
primary structure.
Docket No. 11030012 V Ordinance Chapter 25.01.01.B.5: maximum ground floor area.
The site is located at 945 E. 101st St. It is zoned R Filed by James (Jim) Gravelie, owner.
r P General Info Analysis:
E. 101" sr. The current existing barn (about 40 ft x 24 ft) on this parcel is
falling down and in disrepair; however, it is grandfathered, or
----f legally non conforming. If it is torn down, a new pole barn must
meet today's ordinance regulations. The petitioner seeks variance
approval to build a new accessory structure (pole barn) without
1 having a primary structure on that same parcel. The zoning
ordinance states: "No Accessory Building shall be constructed
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upon a lot until the construction of the Principal Building has
I actually commenced; and, no Accessory Building shall be used
1 unless the Principal Building on the Lot is also being occupied for
the intended purposes." Please see the petitioner's informational
4 111 packet for more detail.
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The proposed pole barn is 18 -ft tall and will have dimensions of
of 42 ft x 64 ft. However, the zoning ordinance states that "except
if te r that a detached garage, which is the only Accessory Building on
1 the lot, may equal the maximum dimensions of twenty -four (24)
by thirty (30) feet. The petitioner has filed for an additional
variance for the larger pole barn size.
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i As a side note, the petitioner has just cleared most, if not all, of
4 the trees from the site. While a landowner can do this on a
4 i residential property without any restrictions, the seeking of
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variance approval for this pole barn on this parcel does permit the
i Board to impose conditions, such as planting trees along the road
l rights of way. When viewing the site from I -465, one can see a
i vast difference from this parcel versus the adjacent lots that have a
ry. tree buffer. The aerial photo to the left shows the site with trees
1 -465 before, and photos on the next page (taken from 101' Street) show
4. ---z--- current site conditions.
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At the March 28 BZA hearing officer meeting, the petitioner did
state that he will be planting trees and erecting a fence along the
perimeter of the site. The most recent site plan does denote a 6 -ft tall fence along the side and year yards, for screening.
The Department asks the Board to consider placing the following conditions of approval: 1. the petitioner to commit
to erecting a wooden fence, such as a shadowbox or dog eared style, and, 2. The petitioner commit to submitting a
landscape plan to the urban forester, that would meet the bufferyard standards for trees planting along the I -465 frontage.
Also, at the March 28 meeting, concerns were raised by the public that this site would be used for storage of equipment
for an excavating business, and there were concerns about employee traffic and noise.
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: It is replacing an existing pole barn that is not structurally sound.
2, The use and value of the area adjacent to the prop erty an includ in the variance not will str not cturally be affected in a
substantially adverse manner because: It is replacing existin pole barn th i s u sound,
3. The strict application of the terms of the Zoning Ordinance to the property site will result in practical difficulties
in the use of the propert because: a new pole barn could not be erected on this without fir building a house,
This is not feasible or practical for the new property owner, considering that a pole barn exists on the p arcel now
without a house on it, too
Recommendation: After all concerns have been addressed, the De of Community Services r ecommends positive
consideration of Docket Nos. 11030003 V 11030012 V with the possible following conditions: 1. T hat the petitioner
to coconut to erecting a wooden fence, such as a shadowbox or dog eared style, and, 2. The pe titioner commits to
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submitting a landscape plan to the urban forester, that would meet the bufferyard standards for trees planted along the
465 frontage.
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Photos taken from 101 s` Street on 3 -23 -2011.
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