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CARMEL BOARD OF ZONING APPEALS
DEPARTMENT REPORT
May 21, 2007
23h. Brookshire Village, Sec 2, lot 81
The applicant seeks the following development standards variance approval:
Docket No. 07040016 V Chapter 26.02.19.D platted building setback line
The site is located at 12341 Brompton Rd. and is zoned R-2/Residence.
Filed by DeBoy Land Development Services.
General Info:
The petitioner seeks variance approval to
encroach on a platted, rear-yard setback line. The
setback per Zoning Ordinance Chapter 8.04
permits a 20-foot rear yard setback, however, this
subdivision has been platted with a 75-foot rear
yard setback. Recorded, platted setbacks take
precedence over setbacks established in the
Zoning Ordinance. The encroachment, of an
addition, is 8.6 feet.
Analysis:
The addition has already been constructed on the
east, or rear of the house. The setbacks in this
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 ofthe 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
10.) 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.
11.) 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.
12.) 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.