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HomeMy WebLinkAboutFindings of Fact CARMEL ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket Nos. : : : : : ; ; op ©0 710, 13 i OVOP`' 3 I ovaio Petitioner: Deer Run LLC/Christine Crull Altman FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCES 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" IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that --- Development Standard Variarice-Docket Nos. 1300005 V thru 1300010 V are granted,subject to any conditions stated in the minutes of this Board which are • incorporated herein by reference and made a part hereof. Adoptee the Tay of Ni.,-;" 7.e)13 C irperson, Carmel Board.ofZor ing Appeals Secretary, Carmel Board, f Zoni. g Appeals Conditions of the Board are listed on the back. (Petitioner or representative to sign.) CARMEL ADVISORY BOARD OF ZONING APPEALS Carmel Indiana Docket Nos. / / /3 1 a0P Petitioner: Deer Run LLC/Christine Crull Altman FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCES (Ballot Sheet) 1. 2. 3. Dated: 1( / 3 Board Member CARMEL ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket Nos. 13100005 V thru 13100010 V Petitioner: Deer Run LLC/Christine Crull Altman FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCES 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" IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Development Standard Variance Docket Nos. 1300005 V thru 1300010 V are granted, subject to any conditions stated in the minutes of this Board which are incorporated herein by reference and made a part hereof. Adopted the 70-day of itil$46 A , Z4.1 3 Chairperson, Carmel Board of Zoning Appeals 46AV Secretary, Carmel Boar,_. of Z ing Appeals Conditions of the Board are listed on the back. (Petitioner or representative to sign.) CARMEL ADVISORY BOARD OF ZONING APPEALS Carmel Indiana Docket Nos. 13100005 V thru 13100010 V Petitioner: Deer Run LLC/Christine Crull Altman FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCES (Ballot Sheet) 1. 2. 3. Dated: 11-26,13 Bo rd Member CARMEL ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket Nos. 13100005 V thru 13100010 V Petitioner: Deer Run LLC/Christine Crull Altman FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCES 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" IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Development Standard Variance Docket Nos. 1300005 V thru 1300010 V are granted, subject to any conditions stated in the minutes of this Board which are incorporated herein by reference and made a part hereof. Adopted the '`J day of 140\i- , 2013 P I �'JO °/ '•rj „ I /I Chairperson, Carmel Board of Zoning Appeals 62, ' ,,,.Z Z., A, 1 ' A . L ILL.el el Secretary, Carmel Boareof ZaVing Appeals F S Conditions of the Board are listed on the back. (Petitioner or representative to sign.) CARMEL ADVISORY BOARD OF ZONING APPEALS Carmel Indiana Docket Nos. 13100005 V thru 13100010 V Petitioner: Deer Run LLC/Christine Crull Altman FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCES (Ballot Sheet) 1. 2. 3. Dated: - 13 1 I ii ,/ Board Member CARMEL ADVISORY BOARD OF ZONING APPEALS Carmel Indiana Docket Nos. 13100005 Vthru 13100010 V Petitioner: Deer Run LLC/Christine Crull Altman FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCES (Ballot Sheet) 1. 2. 3. Dated: RCN- 2G, -013 ' i '1 A , A IL IZ:AM11& Biar• +� ember CARMEL ADVISORY BOARD OF ZONING APPEALS Carmel Indiana Docket Nos. 13100005 V thru 13100010 V Petitioner: Deer Run LLC/Christine Crull Altman FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCES (Ballot Sheet) 1. 2. 3. Dated: 0/2-c/20 3 Boa Member EXHIBIT A SUMMARY OF DEVELOPMENT STANDARDS VARIANCES REQUESTED and FINDINGS OF FACT Requested Variances: A. ZO CH: 6.04.02 - Minimum Lot area 12,000 sq ft, 7,900 sq ft requested B. ZO CH: 6.04.03.A - Minimum front yard 35 ft, 20 ft requested C. ZO CH: 6.04.03.0 - Minimum aggregate side yard 25 ft, 20 ft requested D. ZO CH: 6.04.03.E - Minimum lot width 100 ft, 70 ft requested E. ZO CH: 6.04.03.F- Maximum lot coverage 35%, increase requested F. ZO CH: 26.04.07 - 10 ft rear yard buffer, no buffer requested for lots 13-15 The applicant has requested approval to allow: i) A minimum lot area of 7,900 is requested to provide a attractive streetscape along Westfield Blvd., and to accommodate open space access between lots 13 and 12. More compact lots will also accommodate the design intent to place more emphasis on lot landscaping (as apposed to expansive lawn areas) to create a more attractive streetscape along Deer Run Drive. Reducing lot area will enhance the intent of the applicant to create a sense of community and neighborhood which is difficult to accomplish with larger traditional lot sizes. ii) A minimum 20' front yard setback is requested to bring homes closer to the sidewalks, enhance walkability, develop a stronger sense of community, and to provide an attractive streetscape. Design standards will encourage front yard living spaces and engagement with neighbors (as noted in (i) above) which would be difficult to accomplish with 35' setbacks. Bringing homes closer to interior streets allows for the addition of rear yard buffer strips and neighborhood open space while maintaining more flexibility in building design on lots. iii) A minimum 20 aggregate side yard is requested to accommodate side load garages and the porticos which will be preferred in the design standards for the neighborhood. The reduced side yard aggregate will further aid in design options for lots which also contain the rear yard buffer area and increased back yard setback areas. iv) A minimum 70' lot width is requested in order to accommodate greater open space for the neighborhood and buffer areas benefitting both lot owners and adjoining neighborhoods. The narrower lot width also accommodates the design and development intent for the project noted in (i) and (ii) above. v) A maximum lot coverage of 45% is requested to accommodate expanded first floor living spaces with main floor master bedrooms. It is further requested to accommodate side load garages, porticos, and covered outdoor living areas while maintaining more compact lot sizes and open space areas. vi) Requested is a variance from the required 10'buffer area behind lots 13, 14, and 15. Applicant owns the property adjacent to these lots, 10533 Westfield Blvd. Removing the buffer area will accommodate more design options on these lots. Applicant will commit to retain ownership of the property until complete development of lots 13, 14 and 15. FINDINGS OF FACT 1. The approval of these variances 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 contained within and are internal to the proposed subdivision and will have little, if any, impact on surrounding properties. The proposed plan meets or exceeds open space standards, density standards of not more than 2.4 dwelling units per acre, complies with and is consistent with the Carmel Clay Comprehensive Plan. 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 contained within and are internal to the proposed subdivision and will have little, if any, impact on surrounding properties. The proposed plan meets or exceeds open space standards, density standards of not more than 2.4 dwelling units per acre, complies with and is encouraged by the Carmel Clay Comprehensive Plan. Further, adjoining properties not owned by the applicant directly affected by new lots will be separated with buffer areas and tree preservation areas. The proposed subdivision will provide public connectivity thru the subdivision to trail facilities on 106th Street and the enhanced streetscape along Westfield Blvd., will arguably have a positive impact on surrounding properties. As a result,the use and value of the areas 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 or neighborhood previously described above without site development changes that would significantly reduce the landscape preservation, landscape enhancements, open space focal points, uniqueness of the neighborhood, and amenities proposed in the plan. The strict application of terms of the Zoning Ordinance will result in practical difficulty because the Applicant will not be able to provide the lot size, home product, or moderately dense neighborhood that is specifically encouraged by the Comprehensive Plan, but is not yet reflected in the current text of the existing underlying zoning district.