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CARMEL BOARD OF ZONING APPEALS
HEARING OFFICER: DEPARTMENT REPORT
March 27, 2006
1 d. Eden Estates, Sec 2, lot 59 pt - Russell Property
The applicant seeks the following development standards variance:
Docket No. 06010012 V ZO Chapter 7.04.03.B side yard setback
The site is located at 3508 E Carmel Drive and is zoned R-l/Residence.
Filed by C. Joseph & Elizabeth G. Russell.
General Info:
The petitioner seeks variance approval
to construct an attached garage to the
home, which will encroach into the
10- ft side yard setback. The proposed
garage will be approximately 5 ft from
the property line.
Analysis:
The existing attached garage is on the
west side of the home. The lot is a
triangular shape. Just north and east of
the home is a 30-ft wide
ditch/drainage easement, on which a
structure cannot be placed. This ditch
limits the placement of an accessory
structure. It will be important to get a
statement & viewpoint of the neighbor to the west, since the proposed garage will be so close to the
shared property line. The neighbor's home, to the west, has its garage on the east side of the home.
Findings of Fact: garage side 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 garage will be placed in a manner to
complement the principal structure's architecture and layout. The variance request is for a 5 ft
reduction.
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 garage will be placed in a manner to
complement the principal structure's architecture and layout. The variance request is for a 5 ft
reduction.
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 lot has a rare triangular shape with
a 30-ft drainage ditch running through it, hence limiting the placement of an accessory structure.
The petitioner may not be able to place the garage anywhere else on the site that is practical.
Recommendation:
The department recommends positive consideration of Docket No. 06010002 V.