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HomeMy WebLinkAboutDept ReportCARMEL /CLAY BOARD OF ZONING APPEALS Hearing Officer DEPARTMENT REPORT July 28, 2003 le. Enclave of Carmel Subdivision, Lot 25 (V- 77 -03) Petitioner seeks the following Development Standards Variance: V #03070004 3 ft aggregate side yard setback The site is located at 557 Melark Drive, the northwest corner of 126 St and Keystone Ave. The site is zoned R -2. Filed by Chuck Wright of the Elliot Wright Group on behalf of Enclave Development Corporation. S:\Board of Zoning Appeals\Agendas \Hearing Officer 2003 \dept rpt V- 77- 03.doc General Information: The petitioner would like to place a home on Lot 25 Of Enclave of Carmel. The petitioner is requesting a variance from an approved variance in 2002, docket no. V- 14c -90, which allowed a variance from a 15 -ft aggregate side yard requirement to a 10 -ft. This variance request proposes a 3 -ft aggregate side yard setback, instead of the 10 -ft. Background Information: There are many variances associated with the Enclave of Carmel Subdivision. In 2002, 11 variances were granted with a vote of 4 -0 on all. Among these was a variance to reduce the required aggregate side yard setbacks. V- 14c -90 reduced the aggregate side yard setback from 15 feet 10 -feet minimum aggregate side yard setback. These variances were approved with conditions and commitments. Among these are high quality residential, no re- zoning to R -4, and commitments to adjacent property owners regarding financing, landscaping, and area drainage. The existing home to the west has a 2 -ft, more or less, side yard. Analysis: When looking at an aerial photo of the existing homes built in this subdivision, one can see that they follow a trend of density with very small side yards. The neighborhood has a unique character. The northeastern corner of the building will be 1.5 feet from the eastern property line, and the southwestern corner of the building will be 1.36 feet from the western property line. Findings of Fact: 1.) The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: The existence of a 3 -ft aggregates side yard setback will not be injurious to the public health, safety, morals and general welfare of the community. The trend of the area shows 2 -5 foot side yards. 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: 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 allowing reduced aggregate side yard setback. The whole neighborhood has houses placed on lots resulting in short distances from the building to the side lot lines. 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 strict application of the Zoning Ordinance will not result in practical difficulties in the use of the property. The subdivision already has a variance to allow a 10 -ft aggregate side yard setback. Recommendation: The staff recommends a favorable consideration of V 77 03. S:\Board of Zoning Appeals\Agendas \Hearing Officer 2003 \dept rpt V- 77- 03.doc City of Carmel Time: 6:00 P.M. Place: Caucus Room Second Floor Carmel City Hall One Civic Square Carmel, IN 46032 AGENDA: Carmel /Clay Board of Zoning Appeals Hearing Officer July 28, 2003 A. Call to Order (6:00 p.m.) B. Pledge of Allegiance C. Roll Call D. Reports, Announcements, Legal Counsel Report and Staff Concerns: E. Public Hearing: 1 e. Enclave of Carmel, Lot 25 (V- 77 -03) Petitioner seeks the following Development Standards Variance: V -77 -03 #03070004 3 -ft aggregate side yard setback The site is located at 557 Melark Drive, the northwest corner of 126 St and Keystone Ave. The site is zoned R -2. Filed by Chuck Wright of the Elliot Wright Group on behalf of Enclave Development Corporation. F. Old Business. G. New Business. H. Adiourn Page 1 DATE: July 23, 2003 TO: Chuck Wright, Elliott Wright Group FAX: 846 -3796 FROM: Connie NOTES: City of Carmel Department of Community Services One Civic Square Carmel, IN 46032 317- 571 -2417 Fax: 317- 571 -2426 FACSIMILE TELECOPY COVER LETTER Attached hereto are 4 pages, including this cover letter, for facsimile transmission. Should you experience any problem in the receipt of these pages, please call 317/571/2419 and ask for Connie. Attached are the Agenda and Department Report for the July 28, 2003 BZA Hearing Officer meeting at 6 pm. Please remember to bring an additional fully filled -out Findings -of -Fact sheet and ballot sheet for each petition the night of the meeting for the Officer's use. CONFIDENTIALITY NOTICE: The materials enclosed with this facsimile transmission are private and confidential and are the property of the sender. The information contained in the material is privileged and is intended only for the use of the individual(s) or entity(ies) named above. If you are not the intended recipient, be advised that any unauthorized disclosure, copying, distribution or the taking of any action in reliance on the contents of this telecopied information is strictly prohibited. If you have received this facsimile transmission in error, please immediately notify us by telephone to arrange for return of the forwarded documents to us.