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CARMEL BOARD OF ZONING APPEALS
DEPARTMENT REPORT
June 23, 2008
14h. Hornbean Ct Addition
The applicant seeks the following development standards variance approval:
Docket No. 08050018 V Section 5.04.03.D(I) Reduction of rear yard setback
The site is located at 5847 Hornbean Court and is zoned S l/Single-Family Residential.
Filed by Brent Bennett of A-I Expeditors for Dennis Shock, owner.
General Info: The petitioner is requesting relief from
the required twenty-foot rear yard setback, to allow for
the construction of a sunroom. The rear yard is
currently 28 feet deep.
Analysis: The site is located towards the center of a
cul-de-sac, on a trapezoidal parcel. The site's
configuration, and the location and size of the house,
would make additions difficult without the grant of a
variance. The addition is proposed for the rear yard
and the east side yard. The cast side yard has the
largest amount.of open space on the lot, and does not
require the grant of any variances, but the construction
of the addition in the rear yard would encroach into the
rear yard setback by four feet. The proposed sunroom
would be approximately twelve feet deep, resulting in a
sixteen-foot rear yard setback. Several adjacent houses
have similar rear yard improvements, and most of them have deeper rear yards than the subject site. The
proposed addition would not negatively impact the surrounding area, and would be in keeping with
similar, adjacent improvements.
Findings of Fact: Reduction of rear yard setback
1. The approval of this variance will not be injurious to the public health, safety, morals, and
general welfare of the community because: the proposed improvement would be similar to
adjacent improvements, and the four-foot encroachment would be a minor deviation.
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: the proposed improvement would be
similar to adjacent improvements, and the four-foot encroachment would be a minor deviation.
3. The strict application of the terms of the Zoning Ordinance to the property will result in a
hardship in the use of the property because: the petitioner would be unable to construct the
addition in its proposed configuration.
Recommendation:
The Dept. of Community Services recommends positive consideration of Docket No. 08050018 V after
all concerns have been addressed.