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CARMEL BOARD OF ZONING APPEALS
DEPARTMENT REPORT
Jan. 22,2007
11-13j. Home Place, Lot 48
The applicant seeks the following development standards variance approvals:
Docket No. 06120012 V Section 9.04.03.A front yard setback along west property line
Docket No. 06120013 V Section 9.04.03.D rear yard setback from east property line
Docket No. 06120014 V Section 9.04.03.B & D setback from north property line
The site is located at 10505 N. Cornell Ave., and is zoned R-3/Residence within the Home Place Overlay.
Filed by Timothy Wood.
General Info:
The petitioner is seeking
three setback variances, in
order to make the vacant lot
attractive for a potential
buyer who may want to build
a single or two-family
dwelling on the site. By
definition, this comer lot has
two front yards, each with a
30-ft setback from the road
right of way, greatly restricting the buildable area on the lot. East of this site is a duplex, along 105th
Street. The lot is 73-ft by 135-ft, or 9,855 sq ft in area.
Analysis:
There is a legal drain easement that runs across the property. The petitioner has approached the County
Drainage Board on January 9 and has received non-enforcement of a drainage easement beyond a distance
of 45-ft from the south side (and 30-ft from the east side) of the center line ofthe tile drain at that
location. This should be taken into consideration when reviewing the variance request for building
setback from Cornell Street.
The current front yard setbacks along Cornell and 105th Streets are 30-ft. The current east property line
setback is 20-ft, and the current north property line setback is 10-ft. The petitioner wants to reduce the
Cornell Street front yard setback to 10-ft (from 30-ft), the east property line setback to 5-ft (from 20-ft)
and the north property line setback to 10-ft (from 20-ft).
If these variances are granted, the front of the new structure would be oriented toward 105th Street, instead
of Cornell. The granting of these variances may allow for greater ease of placing a building on a comer
lot, which would normally has two front yard setbacks of30-ft. The lot will be developed and add to the
character of Home Place.
Findings of Fact: Front setback from Cornell
1.) The approval of this variance will not be injurious to the public health, safety, morals, and
general welfare of the community because: granting of this variance may allow for greater ease
of erecting a building on a comer lot, which would normally has two front yard setbacks of30-ft.
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: granting of this variance may allow for
greater ease of erecting a building on a comer lot, which would normally has two front yard
setbacks of 30-ft..
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 property owner would have to try
to erect a residential dwelling on this lot, trying not to encroach into two front yards with setbacks
of30-ft.
Findings of Fact: setback from East property line
1.) The approval of this variance will not be injurious to the public health, safety, morals, and
general welfare of the community because: the east property line setback will be reduced by 15-
ft. allowing for a residential structure to be built on the fairly small lot.
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 east property line setback will be
reduced by 15-ft. allowing for a residential structure to be built on the fairly small lot.
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 property owner may not be able to
build a residential structure that sits 20-ft off the rear property line.
Findings of Fact: setback from North property line
1.) The approval of this variance will not be injurious to the public health, safety, morals, and
general welfare of the community because: the north property line setback will be reduced by
10-ft. allowing for a residential structure to be built on the fairly small lot.
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 north property line setback will be
reduced by 10-ft. allowing for a residential structure to be built on the fairly small lot.
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 property owner may not be able to
build a residential structure that sits 20- ft off the north property line.
Recommendation:
The Dept. of Community Services recommends positive consideration of Docket Nos. 06120012 V,
06120013 V, and 06120014 V after all questions/concerns are addressed.