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HomeMy WebLinkAboutDept Report 12-17-07 CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT December 17, 2007 4h. \Vestwood Estates Buffer Yard The applicant seeks the following development standards variance approval: Docket No. 07080010 V Section 26.04.04 Buffer yard in regulated drain easement The sites are located at 2165 Renegade Court-2095 Renegade Court and are zoned S l/Single-family residential Filed by Paul Reis of Bose McKinney & Evans, LLP for Justus Home Builders, Inc. General Info: The variance requested would, if approved, permit planting the required bufferyard 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 ofplantings required by the current bufferyard ordinance, which was only a written guideline at the time of platting, in the regulated drain easement to provide screening for adjacent property owners. The regulated drain casement 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 trom the prohibition against planting in a regulated drain easement, because the dwellings in question were constructed at the edge of the casement 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 of plantings within the northern section of the easement. The species indicated, including Norway Spruce, can grow quite large. Ifthe landscape plan were implemented as proposed, the growth of the trees 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 ofthe rear yards. A more etTective 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 better 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 effective screening would be difficult, therefore, a mix of shade trees and hedges 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 Cannel Zoning Ordinance. Discussion between the County Surveyor's Oftice, the City of Carmel Engineer's Office, the Urban Forester, and involved property owners should continue, to tind a solution that will be as equitable and effective as possible for all involved. Update: 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 ofthe evergreens would be subject to the approval ofthe Urban Forester, and would provide screening tor all involved properties year-round. As one of the conditions of this draft at,'Teement, 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 easement I. The approval of this variance'tyiIl not be injurious to the public health, safety, morals, and general welfare of the community because: landscaping and screening may be provided in a maImer 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 substantiaUy adverse manner because: landscaping and screening may be provided in a manner that both screens the d\vellings and provides access to the regulated drain. 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 is not adequate room Oil the subject properties to provide screening, without the grant of the easement. Recommendation: The Dept. ofColUl11unity Services recommends eositive consideration ofQocket No. 07080010 V after all concerns have been addressed.