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CARMEL BOARD OF ZONING APPEALS
HEARING OFFICER DEPARTMENT REPORT
FEBRUARY 27, 2012
I. (V) D Wilkinson's Addt'n,lots 17-18 part—440 1st Ave NE'.- Carport.
The applicant seeks the following development standards variance approval for a carport:
Docket No. 12020001 V ZO Chptr.23D.03.C.3 • setback
The•site is located at 440 1st Ave NE. It is zoned R-4/Residence, within the Old Town Overlay Character Subarea.
Filed by Carmel Dept. of Community Services(DOCS),for Richard.Habegger of Meh-ay Properties, LLC.
:-� � is �5 rc Ge'neral.Tnfo& Analysis:
Elrel 41'.° �, 114.. � �' The petitioner needs variance approval to have
„,..,;,4,,77„,,,,,,...0.,-. .-A---,:--� „. , i s 7 •:a carport (an accessory structure) encroach
4 , 5a ;text r ` •4 , G„ r _` 'into front building setback. This proposed
v;t ,y ,t% ' � carport setback does not meet the average or
,.- i�=� � r . , 4-e�R dominant building setback of that side of the
y, 4 .- h, i,Y block; the setback is closer to 3.75-feet from
t =' 1 �-«. 4, the front property line/sidewalk. The average
� ak �� ' � � ,� arc s .r
{A', i> yip g "- { building setback on the side of this block is
1q fi x r M about 29.4 .feet. It also does not meet the
�� ' requirements for a garage setback in Old
�� ism _ '., ' "m k r -�`. yi
r21,..1 g -' $. 4 `n470•V� w �;, ;. g S''�t J Town•
A � 9 i ev 3u k�n i
L '¢j„6 *,, 4 FLU' Pi l�� [5 : The carport has a trellis-like design with a
Vh (6"r 41� wfi K x v roof, and its color will match the newly•
` ��"-. T• �' ” i x a �x.ate .. i. h ''�Pi i0;
` �, t4 t �,� ��`��� fi a pi t�emodeled`building color. It could possibly be
. (!, , g ,, x ° ,�^, sr , .. , considered an addition to the character of the
� �� 1 � � � Old Town neighborhood,in that it is so unique
y - A, design, ddin g
' in its a to the eclectic styles of
a cx �6F'yv nom` *- �` s� �'3°°�i� r. � b
yA, +i '� ?%�, 3 2-1 -rte ,'h-��
` � Old Town. However, the carport setback is.not
-fir .' t `' �4 li',,s n'�, s,,r � li
�� 4 u � 4 Az quite in keeping with the building setbacks
�4ti ,40 n ,I A 3 �1 along this whole stretch of road. •
dam,, .
This site is zoned R-4/Residence, where multifamily land uses are permitted: The site itself is,unique in that everything
around is it either zoned for a single family home,or a two-family dwelling.It is the only lot zoned R-4 in the immediate
area. .
This carport was approved as an oversight on the Planning/Zoning Dept's part with review of the SDR application; there
was also,an oversight on the Building Permits Dept's part, when issuingthe:.building permits. If you look at the original
site plain,you can see that the carport is very easy to overlook,as it just looks like the driveway area.
Zoning Ordinance Chapter 23D.03.C.3 states: "New buildings must follow the dominant or average front yard Setback
dimension of"existing.buildings on the same block and on the same side of the street, with a variation of up to three (3)
feet allowed." .
Also, the Old Town.Overlay zone has standards for garage,setbacks. Zoning Ordinance Chapter 23D.03.D states: "All
new garages must be either '(a) Detached buildings that are sited at least five (5) feet behind the.Principal Building, or
(b) Attached to the;Principal Building so that the front face:of the garage is at least fifteen(15) feet further from the Front
Lot Line than the,primary-front line,of the Principal Building. New attached garages on Corner Lots should be oriented to
the side street-..."
Please see the informational packet for more detail on this variance request.
Recommendation:_ After all comments and concerns have been addressed,the Dept. of Community Services
recommends,that the Hearing Officer vote on Docket No. 12020001' V this evening, or,the Hearing Officer also has the
option to forward this item to the Full BZA to review. .
•