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CARMEL BOARD OF ZONING APPEALS
DEPARTMENT REPORT
May 21, 2007
22h. Brookshire Village, Sec 2, lot 79
The applicant seeks the following development standards variance approval:
Docket No. 07040015 V Chapter 26.02.19.0 platted building setback line
The site is located at 12367 Brompton Rd. and is zoned R-2/Residence.
Filed by DeBoy Land Development Services.
n I: 1 ~1\ ;t ' T~:::t~:~:e~~~~ks variance approval
Ui II: II, 1,<. .. to encroach on a platted, rear-yard
I j, , setback line. The setback per Zoning
! i i Ordinance Chapter 8.04 permits a 20-
. II ., , I foot rear yard setback, however, this
. I, \ ..
I~ "subdivision has been platted with a
'2:
,:, ~ I I JI~ ..s '~~.; I,,} ~~;~:t:~~a~~:dt:~:b;~:~e:e~;:~~;r
"!. @\ . ."~ ~".~:~. setbacks established in the Zoning
I 'II . , d I ;~ ," ~;~it~::~~~ i~~:~croachment, of an
L_ ~ Ii I .. I '\ Analysis:
II i ~ -:" ~ .' \~'.}J"{',' 'I "
I I L, J 'j: :'.';V 'J The addition has already been
O i ll.U't" , '.." t ' ; \~~l;~ '"1'" 'I, 'r .,j,' , ", constructed on the east, or rear of the
i . \, ~..'" ".... , 1 i' '\ ',(;I'f'" ...' house. The setbacks in this
,I i ':, I L~~n_ 't ~:-\, ~'J ~ _ J.n~': ,~,,' I development are governed by
recorded plats; as a result, the placement of the houses on their lots is very uniform. While the addition is
partially screened from Gray Road by a fence, it is important to adhere to the platted setbacks, and the
overall design intentions of the development. Non-conforming additions such as this will encourage
other additions, and erode the cohesive nature of this neighborhood. The platted setback provides enough
room for additions; any hardship is self-created.
Findings of Fact: non-residential uses
7.) The approval of this variance will be injurious to the public health, safety, morals, and
general welfare of the community because: it may encourage similar nonconforming additions,
and negatively impact the quality of life for adjoining residents.
8.) The use and value of the area adjacent to the property included in the variance will be
affected in a substantially adverse manner because: it may encourage similar nonconforming
additions, and negatively impact the quality of life for adjoining residents.
9.) The strict application of the terms of the Zoning Ordinance to the property will not result in
a hardship in the use of the property because: there is enough room, given the platted setback,
for additions that would still maintain the overall character of the neighborhood.
Recommendation:
The Dept. of Community Services recommends negative consideration of Docket No. 07040016 V.