HomeMy WebLinkAboutDept Report 05-28-02
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Department Report
Board of Zoriing Appeals
May 28, 2002
Page 3 of 27
2j. Smokey Ridge, Section 3, Lot 63 (V-17-02)
Petitioner seeks approval of a Developmental Standards Variance of Section 25.9:
Drainage in order to allow a swimming pool to encroach three (3) feet into a platted
Drainage Easement.
The site is located at 13719 Smokey Ridge Overlook. The site is zoned R-l/Residence.
In deciding whether or not the applicant has presented sufficient proof to permit the
granting of a variance of development standards, the Board shall determine in writing
that:
1. The approval will not be injurious to the public health, safety, morals and
general welfare of the community;
The encroachment on this site will not be injurious to the public health, safety,
morals and general welfare of the community because the Department of
Engineering has detennined that it will not adversely affect drainage in the area.
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; and
It is the Department's opinion that the use and value of the area adjacent to the
property will not be affected in a substantially adverse manner by a three-foot
encroachment into a thirty-foot wide easement.
3. The strict application of the terms of the Zoning Ordinance will result in
practical difficulties in use of the property.
The strict application of the Zoning Ordinance will not result in practical
difficulties in the use of the property. The site is now and has been for several
years occupied by a single-family dwelling and utilized for residential purposes.
The site wbuld continue to function In this manner without the approval of this
encroachment variance.
The Department recommends favorable consideration of Docket No. V-17-02. the
petition for a three-foot encroachment into a drainage easement with the following condition:
1) That an accurate, to-scale site plan be delivered to the Department of Community
Services, Division of Planning & Zoning, prior to application being made for an
Improvement Location Permit.
Page 3
One Civic Square
Carmel, IN 4E032
(317) 571.2417
Fax: (317) 511-2426
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