HomeMy WebLinkAboutDepartment ReportCARMEL BOARD OF ZONING APPEALS
Hearing Officer DEPARTMENT REPORT
January 6, 2010
1d.Kimbell Riding Arena
The applicant seeks the following development standards variance approvals:
Docket No. 09110008 V Section 25.01.01.13.1 accessory building height over 18 -ft
Docket No. 09110009 V Section 25.01.01.B.3.a.i accessory building location in front of
house
The 17 -acre site is located at 3940 W 121St St. and is zoned S- 1/Residence. Filed by Jeff & Linda Kimbell.
General Info: The petitioner is requesting to construct a
9,112- square foot indoor riding arena on 17.2 acres.
Surrounding uses include residential, agricultural, and
schools and churches.
Analysis: The proposed arena would be located adjacent to
an existing outdoor arena and stables, which are both located
in front of the existing house. The setback from the road to
the proposed arena would be 1,158 feet, nearly a quarter of a
mile. The property closest to the arena is over fifty feet
away, and is currently being used for agriculture. Given the
distance, existing landscaping, and another dwelling and barn
located closer to the right -of -way, any impact on adjacent
dwellings with regards to location or height is likely to be
negligible. However, the Department would like to note that
the arena should be for private use only — if the petitioner
desires to board horses, offer lessons, etc, they will need to apply for a Use Variance.
Findings of Fact: accessory building location.
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 arena would still be 50 feet from the
closest property, and 1,158 feet from the right -of -way.
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 arena would still be 50 feet
from the closest property, and 1,158 feet from the right -of -way.
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 house is built at the back of the
property, adjacent to a heavily wooded area. Assuming there were enough room at the back of the
site for the arena, its construction would necessitate the removal of many trees.
Findings of Fact: accessory building height.
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 arena would still be 50 feet from the
closest property, and 1,158 feet from the right -of -way.
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 arena would still be 50 feet
from the closest property, and 1,158 feet from the right -of -way.
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: an indoor arena could not be built at the
requested size, if a greater height were not allowed.
Recommendation:
The Dept. of Community Services recommends positive consideration of Docket Nos. 09110008
V and 09110009 after all concerns have been addressed.