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HomeMy WebLinkAboutDept ReportCARMEL BOARD OF ZONING APPEALS Hearing Officer DEPARTMENT REPORT May 18, 2009 2d. Taylor Home Addition The applicant seeks the following development standards variance approval for a patio addition: Docket No. 09050004 V Section 25.01.O1.B.3.b.i(b) Encroachment into easement The site is located at 13751 Deer Ridge Place and is zoned S1/Single-Family Residential Filed by Jon Dobosiewicz of Nelson & Frankenberger for the Taylors. General Info: The petitioners are requesting permission to encroach into the Michener Regulated drain easement, in order to construct an addition. The County Surveyor's Office Drainage Board granted approval ofnon-enforcement on Apri127 of this year. Analysis: The drain easement is 75 feet across, and runs roughly parallel with the rear property line of the site. At the point of the proposed expansion, the easement is closer to the house. The non-enforcement agreement permits encroachment of up to 25 feet within the easement, however, the addition would likely not use the entire 25 feet. The proposed addition would fill in a space between two patios at the rear of the house, as seen on the map to the left. It is unlikely to have an effect on surrounding properties. Findings of Fact: Easement encroachment 1. The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: approval of non-enforcement has been granted by the Drainage Board, and the addition would be entirely screened. 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: approval of non-enforcement has been granted by the Drainage Board, and the addition would be entirely screened. 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: the easement takes up a significant portion of the rear yard, and additions would be very difficult without the grant ofnon-enforcement and variances. Recommendation: The Dept. of Community Services recommends positive consideration of Docket No. 09050004 V after all concerns have been addressed.