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HomeMy WebLinkAboutDept Report CARMEL BOARD OF ZONING APPEALS HEARING OFFICER: DEPARTMENT REPORT October 22, 2007 5D. Maksymczak Parcel The applicant seeks the following development standards variance approval: Docket No. 07100009 V Section 3.07 Definitions Minimum acreage for a farm. Thc site is located at 940 West 131 st Street and is zoned S lIResidential Filed by the Department of Community Services. General Info: The petitioner is requesting the grant of a variance to pennit the continued operation of a fann on 2.1 acres. The subject site is also located on 13151 Street, which is scheduled for a road improvement project. The sitc is located 0.8 miles from the other four sites, also being considered for variances due to the road improvement project. Analysis: Section 3.07 of the Zoning Ordinance defines a farm as a tract ofland measuring at least five acres, and Section 6.93 of the Carmel City Code indicates that it shall be unlawful for cows, swine, chickens, horses, goats, sheep, or ducks to be maintained within City limits on less than 3 acres, except in an Agricultural district. However, the property is zoned R 1, which permits agricultural uses, although it is not an agricultural district. The Zoning Ordinance further defines farn1 animals as those which are customarily raised for profit on a farm. It has been indicated to staff that this is a hobby fann, rather than a production fann. In addition, there are several similar sites throughout Clay Township, particularly the western section. This request would be in keeping with the more rural nature of this part of the city. Findings of Fact: Minimum Farm Size 1. The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: it is an existing use, and comparable to other uses in the area. 2. The use and value of the area adjacent to the property included in the variance will be not affected in a substantially adverse manner because: it is an existing use, and comparable to other uses in the area. 3. The strict application of the terms of the Zoning Ordinance to the property ,,,,ill result in a hardship in the use of the property because: the animals would need to be moved to a compliant site. Recommendation: The Dept. of Community Services recommends positive consideration of Docket No. 07100009 V.