HomeMy WebLinkAboutDepartment Report 06-24-194
CARMEL BOARD OF ZONING APPEALS – HEARING OFFICER
DEPARTMENT REPORT
JUNE 24, 2019
(V) Fung Residence, Side Yard Setback.
The applicant seeks the following development standards variance approval:
6. Docket No. 19050025 V PUD Z-553-11 Exhibit L, Section 5 Min. 10’ side yard building
setback required; 4.8’ requested. The site is located at 1236 Skytag Dr, in Jackson’s Grant on
Williams Creek Subdivision, Section 1A, Lot 94. It is zoned Silvara PUD/Planned Unit Development.
Filed by Brett Huff of Stoeppelwerth & Assoc. on behalf of Homes by John McKenzie, builder.
General Info & Analysis:
The Petitioner seeks variance approval to permit a 4.8-ft side yard building setback, when a minimum of 10-ft is
required. In a nutshell, there were errors on the lot dimensions on the recorded Section 1A subdivision plat that
led to the home on Lot 94 being staked and constructed approximately 5-ft further north than it should have
been. Please see the Petitioner’s informational packet for more detail on the variance request.
Due to some scrivener’s errors on the recorded subdivision plat for Section 1A of Jacksons Grant on Willams
Creek, a 3rd party company that manually calculated dimension in the plat and ended up staking a house 5-feet
north of where it should have been. This home is now constructed 4.82’ south of the north lot line for lot 94.
Executive Homes Construction Inc., who controls the lot adjacent to and to the north of this subject site, is
willing to build a house with a right hand loading garage on Lot 93 to ensure more than adequate spacing
between the houses with a minimum distance of 42.02 feet between homes.
The Petitioner addressed all planning/zoning review comments, and the Planning Dept. supports this
variance request.
Petitioner’s Findings of Fact:
Please refer to the petitioner’s Findings of Facts included in their info packet.
Recommendation:
The Dept. of Community Services recommends positive consideration of Docket No. 19050025 V.