HomeMy WebLinkAboutPacket S CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS
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Docket No: 13010008V
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Petitioner: Andrew and Laurel Schneider DOCS
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DATED THIS DAY Of , 20
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CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
FINDINGS OF FACT— DEVELOPMENT STANDARDS VARIANCE
Docket No: 13010008V
Petitioner: Andrew and Laurel Schneider
1. The approval of this variance will not be injurious to the public health, safety,
morals and general welfare of the community because:
• Leverages existing infrastructure of prior residence.
• The new garage is set back further from the property line of the original garage
that had been there 60 years.
• Nothing about the location of the garage creates a public safety concern.
• This location protects the existing, dense landscape buffer between the garage
and the neighbors to the.south.
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:
• Prior home was a vacant, run down home. We are working hard to improve the
property and increase its value. Prior home was vacant and dilapidated.
• There is no significant impact to the neighbors. The buildings are basically in the
same location as before.
• Leverages prior home footprint and location — The encroachment into the rear
® property line will be undetected by the homes closest to the garage due to the
dense landscaping.
• The character of the property is important to its value.
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 are many features of the site like the tree allee, the circular drive, the
fountain, and all the other trees on the property that give character and add value
to the property.
• Strict adherence to the zoning ordinance would require us to shift the new garage
and house north into the tree allee, circular driveway and fountain.
• Doing so also places the new buildings close to other mature trees greatly
increasing their risk of being damaged during the construction process.
• This harms the character and value of the property and is a high price to pay
compared to keeping the buildings where they have been for the past 60+ years
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that
Development Standards Variance Docket No: 13010008V is granted, subject to any
conditions stated in the minutes of this Board, which are incorporated herein by
reference and made a part of hereof.
Adopted this day of , 20
CHAIRPERSON, Cal-Mel/Clay Board of Zoning A pp eals
SECRETARY, Carmel/Clay Board of Zoning Appeals
Conditions of the Board are listed on back. Petitioner or representative to sign.
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STATEMENT OF VARIANCE
Petitioner would like to build new garage structure in the same location of prior
garage structure. This placement allows the property owners to protect the
character of the property through the protection of the many mature trees on the
property, the circle driveway and large fountain currently on property. It also
protects and maintains the existing dense landscape buffer providing privacy
from neighbors to the south.
The original garage was located on the property line, not 20 feet from property
line as required in Section # 5.04.03D of the Zoning Ordinance. Therefore, we
are requesting approval of a design standards variance to allow our garage to be
located as close as one foot from property line
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Statement of Support
In reviewing and approving this variance, please review the following supporting
points and review material:
• Placement of property allows for re-use of existing property infrastructure
such as circle driveway and fountain.
• In between Schneider property and Spring Mill Streams homes is an
existing ditch (utility easement) and mature tree line. These features
provide ample privacy between the two properties. Specific notes:
o Utility/Drainage Easement is 15ft wide (serves as a 15 foot buffer
from Schneider house.
o Distance between edge of Schneider property and home directly
south is 150ft
20 feet ordinance is meant to keep at least 40 ft between
homes, Schneider home is 150 ft from the home directly
behind.
o Mature tree and brush cover sightlines and help block noise
• The property has a distinct character created by the way the buildings and
site features work together.
o The architecture of the house and outbuildings has unique
character.
o The property is covered with mature trees, many over 100 years
old. Others, like the tree allee from the house to Main Street, while
old, were planted specifically for the house.
o Other site elements, such as the circular drive and fountain built at
least 60 years ago, were designed with the trees in mind.
• New property placement does move property as far from property line as
possible while still allowing for reuse of existing features such as drive way
and fountain while also trying to maintain as many mature trees as
possible.
• Moving Schneider home any further north will require tearing down two
150 year old pines. The property has grown into the house location and
placement anywhere else will require tearing down mature trees.