HomeMy WebLinkAboutFindings of Fact CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
FINDINGS�OF FACT—DEVELOPMENT STANDARDS VARIANCE
Docket No: 1406- DO' le, V
Petitioner: L - M 0 rc ey M
1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community
because:
The variance requested is on the area of land at the end of our private residential property. At the end of that property line
there is a large area of green space that leads to a private pond. The pool that would be installed would be for private use
of the residents of the home and would allow for an adequate concrete decking to be installed around the pool for the
safety of those using it. In addition,the landscaping that would also be installed would likely increase the aesthetic value of
the neighborhood where currently there is nothing. We have no reason to believe that the variance that we are requesting
would be in any way injurious to the public health,safety, morals or 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 variance requested is on the area of land between the end of our residential property line and a common area pond.
There will still be ample green space from which to enjoy the beauty of the pond and allow walking and private enjoyment.
Further, there would be no pool equipment, piping, limestone coping, or other components integral the operation of the
pool installed in this easement. Should the concrete or landscaping ever need to be removed, it could be done without any
impact on the operations of the pool.
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:
To fit a pool and the appropriate decking into the area that is all within the current property lines and not impede into the
easement is prohibitive due to the narrowness of the current property boundaries. The pool is currently only 15 feet wide
and to make it any more narrow, would be to render the pool useless. To keep the pool at its current width but to
eliminate the decking on that back side of the pool, could be dangerous to those using the pool. As the subdivision in
which we live, known as the WOODS AT WILLIAMS CREEK, does not have a shared neighborhood pool, adding a pool to the
residence is the most viable option.
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No.
/4/O$00/8 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.
Ado ted this 2 0 day of 2014.
Carmel/Clay Board of Zoning Appeals
/Lir' t g
SECRETARY,Carmel/Clay Board,.'Zon;/f Appeals