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HomeMy WebLinkAboutDept Report CARMEL /CLAY BOARD OF ZONING APPEALS Hearing Officer DEPARTMENT REPORT September 22, 2003 le. Stewart Residence V -96 -03 #03090007) Petitioner seeks a Development Standards Variance in order to construct a garage, which will encroach into the front yard setback. V -96 -03 #03090007 §5.4.3.A encroachment: front yard setback The site is located at 13629 Ditch Rd. The site is zoned S -1 /Residence Estate. Filed by David Stewart. General Information: The petitioner would like to build a garage, but there is a need for it to extend 25 feet into the 40 -ft front yard setback. In the direction that the garage will extend, there are no homes on the west side of Ditch Road. The property abuts up to Ditch Road and is about 2 acres in area. UMMER HILL s g 9 rte s ESTATE d f y y y x j i 4 r Z e ,HENLEYCIR, O I y, y 'y u J Q ;,fi 1,S W 9 i W 1 ST Background Information: No additional information. Analysis: The garage will extend 25 feet into the 40 -ft front yard setback. 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: 15 r The existence of a protruding garage on this site will not be injurious to the public health, safety, morals and general welfare of the community. The garage will extend 25 feet past the front yard setback. Ditch Road is where the garage will face. 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 garage. 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 may result in practical difficulties in the use of the property. Recommendation: The staff recommends positive consideration of V subject to: dedication of Ditch Road right -of -way. 16 City of Carmel Department of Community Services One Civic Square Carmel, IN 46032 317- 571 -2417 Fax: 317- 571 -2426 FACSIMILE TELECOPY COVER LETTER DATE: September 17, 2003 TO: David Stewart FAX: 843 -1991 FROM: Connie 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. NOTES: Attached are the Agenda and Department Report for the September 22, 2003 BZA meeting at 6:30 pm. Your filing fee of $655.00 was due Monday, Sept 15. Please remit ASAP> Your Proof of Public Notice is due Friday, Sept 19. Please remember to bring three (3) additional fully filled -out Findings -of -Fact sheets and ballot sheets for the petition the night of the meeting for the Hearing Officer's use. Please call if you have any questions. 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.