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HomeMy WebLinkAboutDept Report 01-28-08 CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT January 28, 2008 4h. \Vestwood Estates Buffer Yard The applicant seeks the following development standards variance approval: Docket No. 07080010 V Section 26.04.04 Butler yard in regulated drain easement The sites are located at 2165 Renegade Court-2095 Renegade Court and are zoned S I/Single-family residential Filed by Paul Reis of Bose McKinney & Evans, LLP for Justus Home Buildcrs, Inc. General Info: The variance requested would, if approved, permit planting the required butIeryard plantings in a regulated drain easement that is controlled by the County. Landscaping is typically not permitted in regulated drain easements, to maintain access necessary for planting. Analysis: The petitioner is proposing to plant the number of plantings required by the cuo"ent butIeryard ordinance, which was only a written guideline at the time of platting, in the regulated drain casement to provide screening for adjacent property owncrs. The regulated drain easement is both a swale and a closed drain with "beehives", or raised drain covers, at the east and west ends of the swale, and provides drainage from properties to the north. The request is being made to request relief from the prohibition against planting in a regulated drain easement, because the dwellings in question were constructed at thc cdge of the easement boundary. The rear yards of the dwellings are approximately thirty feet deep, however, there is a steep slope from the back of the house to the bottom of the swale, and the property to the south is lower in elevation than the dwellings. The entire rear yard is within the drainage easement. The landscape plan submitted with the variance request, which is a revision of the previously-approved landscape plan, would place the majority ofplantings within the northern section of the casement. The species indicated, including Norway Spruce, can grow quite large. I f the landscape plan were implemented as proposed, the growth of the trccs in the easement would not only make maintenance of the easement potentially difficult, it would also limit daylight exposure on the southern facades of the dwellings, and limit the use of the rear yards. A more effective screening measure might be to provide a mix of foundation plantings, hedges, and shade trees, dispersed along the sides and rears of the dwellings, and possibly supplemented by some shade trees planted along the south property line.. This would provide bcttcr access to the regulated drain; help screen the dwellings; and provide additional sun exposure. Because of the change in elevation between the subject site and the site to the south, truly cffcctivc screening would be difficult, therefore, a mix of shade trees and hcdgcs or shrubbery would help soften the appearance of the houses. However, some form of screening and buffering is necessary, and required by Section 26.04.04 of the Carmel Zoning Ordinance. Discussion bctween the County Surveyor's Office, the City of Carmel Engineer's Office, the Urban Forcstcr, and involved property owners should continue, to find a solution that will be as cquitablc and effective as possible for all involved. U pdatc: The Department of Community Services has received a draft of an agreement between Justus Home Builders and the property owners to the immediate south. The agreement would provide for a landscape easement, ten feet deep and running the length of the two contiguous properties, that would be planted with evergreens on top of a two- foot berm. The exact species and location of the evergreens would be subject to the approval ofthe Urban Forester, and would provide screening for all involved properties year-round. As one of the conditions of this draft agreement, the easement would also count towards open space and setback requirements, should the property to the south ever be developed. The drainage swale running between the two properties would remain untouched. Findings of Fact: Landscape casement 1. The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: landscaping and screening may be provided in a manner that both screens the dwellings and provides access to the regulated drain. 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: landscaping and screening may be provided in a manner that both screens the dwellings and provides access to the regulated drain. 3. The strict application of the terms of the Zoning Ordinance to the property wiII result in practical difficulties in the use of the property because: there is not adequate room on the subject properties to provide screening, without the grant of the easement. Recommendation: The Dept. of Community Services recommends positive consideration of Docket No. 07080010 V after all concerns have been addressed.