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HomeMy WebLinkAboutFindings of Fact FINDINGS OF FACT SHEET- DEVELOPMENT STANDARDS VARIANCE CARMEL ADVISORY BOARD OF ZONING APPEALS (Petitioner to fill out 1-3 +first two blanks) Docket No.: PZ-2023-00054 V Petitioner: Shashwat and Sajal Goyal 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: There is plenty of open land within the community. There is also a large buffer of common space (100') behind the community. This would put our home in line with homes on lots 6, 7 and 8. This does not have an adverse effect on the neighborhood or 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: Moving the home 5' closer to the street does not have a negative impact with adjacent properties. It will allow for alignment with homes on lots 6, 7, and 8. 3. The strict application of the terms of the Unified Development to the property will result in practical difficulties in the use of the property because: The strict application of the terms of the United Development would pose a unique burden for underutilization of the property and severely limit the recreational use of the backyard for our family of five. DECISION IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No. PZ-2023-00054 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. Adopted this 27th day of March, 2023. FARING OFFICER, Carmel Board of Zoning Appe ECRETARY, Carmel Board of Zoning Appeals Conditions of approval of the Board, if any, are listed on the Letter of Grant. FINDINGS OF FACT SHEET- DEVELOPMENT STANDARDS VARIANCE CARMEL ADVISORY BOARD OF ZONING APPEALS (Petitioner to fill out 1-3 +first two blanks) Docket No.: PZ-2023-00055 V Petitioner: Shashwat and Sajal Goyal 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: UDO Section 5.02- Minimum pool &decking setback must be 3' from easement; 10' encroachment requested into a portion of the Tree Preservation Easement. This subdivision's lots are private, wide, and shallow, which does not allow for any usable backyard space for our family. This does not have an adverse effect on the neighborhood or 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: 25' tree preservation easement remains for the remaining backyard space not associated with the pool & decking setback. 3. The strict application of the terms of the Unified Development to the property will result in practical difficulties in the use of the property because: The strict application of the terms of the United Development would result in practical difficulties by limiting the recreational use of the backyard for our family of five. The swimming pool would be too close to the home. There would not be adequate space for the surrounding pool deck. DECISION IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No. PZ-2023-00055 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. Adopted this 27th day of March, 2023. 4.. ARING OFFICER, Carmel Board of Zoning Appeals Fes' l ECRETARY, Carmel Board of Zoning Appeals Conditions of approval of the Board, if any, are listed on the Letter of Grant.