HomeMy WebLinkAboutDept Report
CARMEL BOARD OF ZONING APPEALS
HEARING OFFICER: DEPARTMENT REPORT
October 23, 2006
Id. Shelborne Greene, Sec 1, lot 13
The applicant seeks the following development standards variance approval for a pool/deck to
encroach into the rear yard setback and easement:
Docket No. 06090033 V Chapter 25.01.01.C.8(a) pool setback
The site is located at 3591 Inverness Blvd. and is zoned R-l/Residence. Filed by Mrs. Carrie Fleig.
General Info:
The applicant seeks development standards
variance approval for a pool/deck to encroach
into the rear yard setback and easement.
Analysis:
A golf course is just past the rear yard of this
site. The rear yard setback for a pool in the R-
l/Residence district is 20-ft. This petition is a
variance request of 10- ft. Also, this rear yard
contains a 20-ft drainage and utility easement
which runs along the east property line. The
petitioner proposes to encroach about 10-ft into
this easement. 'Consent to Encroach' approval is
required from the Hamilton County Surveyor's
Office/Drainage Board and/or the City
Engineering Dept/ Board of Public works.
Findings of Fact:
1.) The approval of this variance will not be injurious to the public health, safety, morals,
and general welfare of the community because: the pool/deck will still be lO-ft from the east
property line within the back yard. Essentially, a golf course is the back yard of the petitioner;
no neighbors will be affected by the 10-ft rear yard setback ofthe pool.
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 pool/deck will still be 10-ft from the
east property line in the back yard. Essentially, a golf course is the back yard of the petitioner;
no neighbors will be affected by the lO-ft rear yard setback of the pool.
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 pool/deck will not be able to be
placed on this site, possibly negatively affecting the quality of life for the petitioner.
Recommendation:
The Dept. of Community Services recommends positive consideration of Docket No. 06090033 V.
('Consent to Encroach' approval was obtained from the proper department; a copy ofthis approval is
in the file.)