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CARMEL BOARD OF ZONING APPEALS
DEPARTMENT REPORT
October 27, 2008
7h. Quail Glen Ct Patio
The applicant seeks the following development standards variance approval:
Docket No. 08090023 V Section 7.04.03F Lot coverage over 35%
The site is located at 1604 Quail Glen Ct and is zoned R I/Singlc-Family Residential.
Filed by Tim and Mary Ellen Clifford, owners.
General Info: The petitioners are requesting permission to construct
a patio at the rear of their house, resulting in total lot coverage of
45.7%.
Analysis: The parcel is 0.18 acre in size, with reduced yards on all
sides; the subdivision was plaLted under the Residential Open Space
Ordinance (ROSa), and is improved with a dwelling measuring
approximately 2464 square feet, as well as walkways, a driveway,
and an existing patio and sunroom. The parcel also backs up to a
commercial shopping center, immediately to the east, and a drainage
and utility casement comprises fifteen feet of the easternmost section
of the yard. A thirty-eight foot sewer easement comprises most of
the rest of the backyard. The existing patio and sunroom are
approximately five feet away from this easement; the proposed patio
would encroach into the easement by approximately thirteen and one-half feet. However, because the patio is not
considered a building, it would not need a variance for easement encroachment from the Board of Zoning Appeals,
only the grant of a Permit to Encroach from the Board of Public Works. The petitioner will need to obtain a Permit
to Encroachment prior to construction.
The proposed patio would also be enclosed by fence panels, to provide additional privacy in lieu of trees that were
removed between the house and the adjacent shopping center. The panels are limited in height to six feet.
Because the proposed patio and fencing would be entirely behind the house, visual impact on adjacent properties is
likely to be minimal. There are a few other houses in the subdivision which have similar improvements.
Findings of Fact: Lot Coverage
1. The approval of this variance will not be injurious to the public health, safety, morals, and general
welfare of the community because: the lot size is reduced, and the proposed patio and fencing would
provide additional privacy to the dwelling, with minimal visual impact to adjoining residences.
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: the lot size is reduced, and the proposed patio and fencing
would provide additional privacy to the dwelling, with minimal visual impact to adjoining residences.
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: further improvements on the property could not be made
without the grant of a variance.
Recommendation:
The Dept. of Community Services recommends positive consideration of Docket No. 08090023 V after all
concerns have been addressed, and subject to the following conditions:
1. Review by the Board of Public Works; with construction to begin only after the granting of a
Permit to Encroach;
2. Fence height around the patio/yard shall be limited to six feet in height, per Section 25.02.02 of
the Zoning Ordinance.