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CARMEL BOARD OF ZONING APPEALS
DEPARTMENT REPORT
April 24, 2006
12h. Crooked Stick Estates, See 6, lot 100
The applicant seeks approval for the following development standards variance:
Docket No. 06030026 V ZO Chapter 25.01.01.D.3.n accessory building setback
The site is located at 1558 Preston Trail and is zoned S-I/Residence.
Filed by Dillon Construction Group for John & Jennifer Rulli.
General Info:
The property is a comer lot with two front yards. The
petitioner seeks to erect a garage that encroaches
approximately 6.5 feet into the platted 50-ft front building
setback line, and it will sit forward ofthe front line of the
existing house (principal building).
Analysis:
There is a platted 50-ft front building setback line for each of
the front yards on this lot. The covenants that run with the
subdivision plat must be amended to allow the structure's
location; this is a private matter to be resolved between the
homeowners. Per the Zoning Ordinance, the S-1 district
allows for a 40 front building setback for primary structures,
and on comer lots there shall be no accessory structure erected
forward of any front line of the principle building or in any
required front yard for accessory structures. The lot is heavily
wooded with conifers, which help screen the view of the house and garage from the neighbors.
Findings of Fact: accessory building 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 encroach only 6.5 feet past the platted
50-ft front building setback line. The front building setback in the S-1 district is 40-ft, as described
by the Zoning Ordinance.
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 encroach only 6.5 feet past
the platted 50-ft front building setback line. The front building setback in the S-1 district is 40-ft, as
described by the Zoning Ordinance.
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 petitioner will have to shift the
garage north or northwest, possibly negatively affecting traffic flow and overall site plan aesthetics.
Recommendation:
The Dept. of Community Services recommends positive consideration of Docket No. 06030026 V.