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Home My WebLink AboutDept Report 05-07-13 CARMEL BOARD OF ZONING APPEALS HEARING OFFICER DEPARTMENT REPORT MAY 7,2013 2-4. (V) Bibeau Residence, 411 W Main St. • The applicant seeks the following development standards variance approvals for a new home: Docket No. 13040007 V ZO CH: 8.04.03.A 35 ft Min font yard setback, 15 ft and 25 ft requested (corner lot) Docket No. 13040008 V ZO CH: 8.04.03.F 35% Max lot coverage,50% requested Docket No. 13040022 V ZO CH: 8.04.03.D.1 20 ft Min Rear Yard setback, 15 requested The site is located at 411 W Main Street and is zoned R-2/Residence. Filed by Justin Moffett with The Old Town Design Group. Ly mar �"kki a :A3 .2 ice` s v 6� #f' t ''u,,I '''"4 Y" i u . I i4 "{ tii 's a ' A4� `? :, General Info: Li r "` <<1 ' � 4 :tt " �, 1 The Petitioner is requesting 3 variances to --.,-4/404.!,,,,''''''."'''',, !,;,b.�pq� n ¢ b y r_,1 d ,,`3•s 9yip , - ,',.:All,„i g 3•:,••ti •,' •,-. .wfirgiri-1.-4 9 4.:4t,-,:s;44-4i 0,0 -f build a new home and attached garage along • �. 10, ��„� � 1 Main Street at the corner of 4th Ave. SW. �Ir ; 7 � t y�=T `2=4 ete{.. ',`L One is fora reduced front yard setback along 4 ,4 , ': y r, 7 1S 4,z '31 - 1;� both street frontages, one is fora reduced '' l''4,011-,.. .,,,, z,..t7-',.vrf «. '� x 'f i ' — - -: r 6 ..�.,� �ls �r�, n � . _ �� - �-� rear yard setback, and one is for an increase ',' u , �T "" `, in the permitted lot coverage. To the east, s -� AIN STREET '20. f ,^-'V 4r�..' t 440' p g ,_... ,I. w 1 (,4,,,� 4,A' °"` i west, and south of the lot are single family i.,,,,titf..fly ''- `,tip,'4, , 7 ' ,ti. , l l 4th ,s �� 1� / homes. North are existing 3 story live/work t' {I,5 ;40,T;-.01,, _ :r5 � ,_ townhomes. Please refer to the z a, e b f M a., 'a s �� i 4 �� ' ,t f„�.�-,1�� , I Pt�}�� , � � petitioner's information packet for more .r $t k', .� J - . r {I details. „..;;.,,,,i,,_:::: :T,41 t e�i y ” r3�3z 8,,,t.,* I tf �� t s 4 K44 T , „ i {s, 1 . , 1 , , °R April 22 Public Hearint recap: { 5 n4 --,it f: -Alt, (� A s +�a., a r k t E or, , ( ,f0 v nd��, . �,. 9 �°"r Jy,+ M� 17t ,41 r; q d This item was heard at the April 22 BZA a s, ' ,ril n f4': `' 'y Jed��k, k�' i' 4 i1 "': r h a '`a e i( ', 4.Ati 7` r r, r , k x d Hearing Officer meeting and there were r � � ��, ��t �A� v�W� several remonstrators in attendance. They P— ,I A raised concern about the front and setback f w ova '.:'. `, .� ,I ,� yard ,� _h. xa: w „,>,,' a° .roe and the new house fitting in with the existing neighborhood and homes to the west. There was also concern raised about drainage and flooding. In response to the concerns about the front yard setback the petitioner has moved the house further back which now necessitates the need for the rear yard variance. Analysis: The house will now be setback 25 feet from the front property line to the porch, with the bulk of the house being setback about 32 feet. This seems to be a good compromise and should reduce the impact on the neighbor directly west whose house sits back further than the 35 feet minimum. This house is not a part of a subdivision and sits on a corner parcel along Main Street which is an Urban Collector Road. It is not in the middle of a suburban neighborhood along only a residential street,but on the edge of Old Town, a downtown area. Old Town is a more dense and urban area with many other commercial and mixed use buildings having no front yard setbacks. This parcel is remaining a single family use,but the owner would like it to have a more urban character with only a 25 foot setback off of Main Street and a 25 foot setback off of 4th Ave SW. Across the street are 3 story live/work townhomes which are pulled up to the sidewalk and do not have any setback from the right-of-way. Due to the location of this site and its proximity to the center of Old Town, a reduced front yard setback would not be out of character. The architectural style of the building will be complimentary to other styles in Old Town and will create a nice streetscape as people walk or drive by. The design of this home puts the lot coverage at about 43.5%, mostly due to the addition of a swimming pool in the backyard which will be screened from view. A greater lot coverage is typical of more dense areas. In fact,some lots in old town have 100%lot coverage. This house will provide a good transition from the denser, commercial part of Old 3 Town to the less dense residential areas to the West of Old Town. These variances should not have a negative effect on surrounding properties or the community. The Department is in support of these variance requests. Petitioner's Findings of Fact,Front Yard Setbacks: 1. The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: the approval of a reduced front yard setback will bring the southwest corner of Main Street and 4th Avenue SW into conformance with the structures on the other three corners which all maintain setbacks of less than 15 feet. 2. The use and value of the area adjacent to the property included in the variances will not be affected in a substantially adverse manner because: the new structure proposed for this location will be of substantially greater architectural and economic value than the previous structure on the property. 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 appropriate aesthetic treatment for this intersection on a prominent roundabout dictates a smaller front yard with the structure placed closer to the right-of-way. Maintaining a 35 foot front yard setback will create a single property that is incongruent with the other three intersections. Petitioner's Findings of Fact,Lot Coverage: 1. The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: the property adjoins the Old Town Overlay with intense multi-family uses on two of the three adjacent corners. A majority of the requested increase in coverage is created by the addition of a swimming pool and patio. 2. The use and value of the area adjacent to the property included in the variances will not be affected in a substantially adverse manner because: a single family residence is proposed for this property which will have a much greater architectural and economic value to the Arts &Design District and Main Street than the former structure that was in poor condition. 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 owner would not be able to develop the property as desired and in a manner consistent with the adjacent uses in the Arts District/Main Street area. Petitioner's Findings of Fact, Rear Yard Setback: 1. The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: the approval of a reduced rear yard setback will move the garage structure 5 feet closer to the southern property line. The applicant has designed the garage as a single story structure to reduce the impact of the structure on site lines for adjacent properties. 2. The use and value of the area adjacent to the property included in the variances will not be affected in a substantially adverse manner because: the new structure proposed for this location will be of substantially greater architectural and economic value than the previous structure on the property. 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 courtyard design of the home results in a deep home plan and in order to create privacy for the pool area from 4th Avenue SW. Pushing the home further back on the lot allows for the desired home plan to fit on the lot. Recommendation: The Dept. of Community Services recommends positive consideration of Docket Nos. 13040007-08 & 13040022 V. 4