HomeMy WebLinkAboutFindings of Fact CARMEL ADVISORY BOARD OF ZONING APPEALS
CARMEL,INDIANA
Docket No.: 12060005 V thru 120600
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:
See Exhibit"A".
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:
See Exhibit"A".
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:
See Exhibit"A".
DECISION
IT IS THEREFORE the decision of the Carmeloard of Zoning Appeals that Development Standards
Variance Docket Nos. 12060005 V thru 120600 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.
Adopte4 this 23`d day of U , 2012.
)23 )
C A IRPERSON, Carme Board of Zoning Appeals
SECRETARY, Carmel Boar. o f Zo/ g Appeals
Conditions of the Board are listed on the back. (Petitioner or his representative to sign).
/
Gray Oaks-BZA-FOF 071112
CARMEL ADVISORY BOARD OF ZONING APPEALS
Carmel,Indiana
Docket No.: 12060005 V thru 120600i-5-T'
Petitioner: The Old Town Design Group,LLC
FINDINGS OF FACT-DEVELOPMENT STANDARDS VARIANCE(Ballot Sheet)
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DATED THIS 23rd DAY OF JULY, 2012.
Board 'ember
Gray Oaks-BZA-FOF 071112
EXHIBIT "A"
EXPLANATION OF REQUESTED DEVELOPMENT STANDARDS VARIANCES
and
FINDINGS OF FACT
Requested Variances:
A. Section 7.04.03.A—Minimum Front Yard—35'
B. Section 7.04.03.B—Minimum Side Yard— 10'
C. Section 7.04.03.0—Minimum Aggregate of Side Yard—20'
D. Section 7.04.03.E—Minimum Lot Width— 100'
E. Section 7.04.03.F—Maximum Lot Coverage—35%
The applicant seeks approval to allow:
(i) A minimum 20' front yard setback to provide for a more attractive streetscape
and to provide greater project open space is requested. The Applicant plans
homes with larger front porches and a greater visual connection to the street that
can not be achieved by the standard 35' front yard setback. Likewise, locating
the homes closer to the interior streets allows for greater project open space and
landscape preservation while maintaining the required lot size. Required side
load garages will ensure adequate driveway area to accommodate parking of cars
and efficient access to the street.
(ii) A minimum 5' side yard setback is requested to accommodate a required design
aspect of the homes proposed for development in the subdivision. As noted
above, the homes will require utilization of a side load garage. When the side
load design standard is used, a greater setback is necessary adjacent to one side
of the home to allow for a driveway accommodating maneuvering of cars into
and out of the garage. Providing a minimum side yard of 5' allows for the home
to be situated closer to the opposite side yard assisting with the achievement of
the side load design standard. The Applicant is requesting a 5' adjustment to
assist with this design aspect.
(iii) A minimum 10' aggregate of side yards is requested in a limited circumstance.
As noted above, the homes will require utilization of a side load garage. The
Applicant would like to account for the possibility of a home providing for an
additional garage bay to the rear of the side load garage that will face the street.
As illustrated, this additional garage bay design would lessen the side yard
setback on the garage side of the home to less than the standard 20'. In order to
account for this potential design option, the Applicant is requesting a 10'
aggregate side yard only in the circumstance where this design option is utilized.
(iv) A minimum 90' lot width is requested in order to accommodate greater project
open space area and enhance the interior development streetscape as described in
(i) above. The Applicant is requesting a 10' adjustment to assist in achieving this
design goal.
Gray Oaks-BZA-FOF 071 112
(v) A maximum lot coverage of 45% is requested to accommodate design aspects of
the proposed homes in the subdivision as well. As previously described, the
homes will require side load garages. When this design standard is employed, a
larger ranch home and drive way necessary to accommodate a side loaded garage
occupy more lot area than a typical two story home with a front facing garage.
As illustrated, a lager surface area is required for the driveway that would be
adjacent to and not exclusively in front of the home. Likewise with ranch homes,
additional square footage can only be accommodated by utilizing additional lot
area. The Applicant is requesting a 10% adjustment to account for these two
design aspects.
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 proposed variances relate to design standards that are internal to the proposed
subdivision and will have little, if any, impact on surrounding properties. The
proposed plan provides for significant open space and landscape preservation while
maintaining the ordinance required lot area requirements and falling well below the
ordinance permitted density of 2.9 units per acre, as the proposed subdivision has a
density of 1.7 homes per acre. As a result, the approval of the proposed variances
allowing this unique subdivision will not be injurious to the public health, safety.
morals and general welfare of the community.
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 proposed variances relate to design standards that are internal to the proposed
subdivision and will have little, if any, impact on surrounding properties. The
proposed plan provides for significant open space and landscape preservation which
arguably will have a positive impact on surrounding properties. In addition, the
density of the neighborhood will be well below the ordinance permitted density of
2.9 units per acre, as the proposed subdivision has a density of 1.7 homes per acre.
As a result, the use and value of the area adjacent to the property included in the
variance will not be affected in a substantially adverse manner.
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:
The strict application of the Zoning Ordinance would not permit the construction of the
home product previously described above without site development changes that would
significantly reduce or in some cased eliminate landscape preservation and other open space
focal points of the subdivision. The strict application of terms of the Zoning Ordinance
to the property will result in a practical difficulty because the Applicant will be
unable to provide a home product that is specifically encouraged by the
Comprehensive Plan, but not yet articulated within the text of the underlying zoning
district.
Gray Oaks-BZA-FOF 071112