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CARMEL BOARD OF ZONING APPEALS
DEPARTMENT REPORT
July 23, 2007
6h. Garrett Deck
The applicant seeks the following development standards variance approval:
Docket No. 07060025 DSV Section 1O.04.03.B Side yard setback
The site is located at 14582 Danbury Drive, in the Danbury Estates subdivision, and is zoned
R4/Residential.
Filed by Benjamin Garrett, owner.
General Info: The petitioner is requesting to
construct a deck on the north side of his house, with
a portion of the deck extending into the side yard.
The house is a corner lot, and is zoned R4.
Analysis: The subject house abuts the side, or
west property line, and the landscaping and berm at
the entrance to the subdivision are immediately
adjacent to the north yard. Because the site is a
corner lot, and because the west side yard is very
small, the site presents limitations for deck
placement. The house is also immediately adjacent
to the east of undeveloped land between the
subdivision and the Lowe's complex to the west.
Because of the physical constraints of the site, the
proposed deck location, along the back or north
wall of the house, would be the most logical location. The deck itself would be similar to other decks
existing in the neighborhood, and would be largely screened by the house and the landscaping and berm.
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: there are similar decks in the neighborhood, the
proposed deck would be screened, and the configuration of the site presents a constraint for the
deck's location.
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: there are similar decks in the
neighborhood, the proposed deck would be screened, and the configuration of the site presents a
constraint for the deck's location.
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: there few areas on the site where a
usable deck could be built.
Recommendation: The Dept. of Community Services recommends positive consideration of Docket
No. 07060025 after all questions/concerns are addressed.