HomeMy WebLinkAboutDept Report CARMEL /CLAY BOARD OF ZONING APPEALS
DEPARTMENT REPORT
October 27, 2 003
1h. Cherry Creek Estates Garage Setback Lin
The applicant seeks approval to reduce the garage setbac on Lots #39 -66 126 -164.
V -99 -03 #03090019 §26.2.7 garage setback
The site is located at Cherry Tree Rd and Hazel Dell Pkwy. The site is zoned S -1/
Residence. Filed by Charlie Frankenberger ofNelson Frankenberger for Pulte Homes,
LLC.
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General Information:
The petitioner requests approval of a variance from Section 26.2.7 of the Zoning
Ordinance that regulates garag setbacks in residential districts. The petitioner would like
to change the setback of garages f rom 25 feet to a 20 -ft setback. This variance would
only apply to the following 67 lots: #39 through 66 and #126 through 164 (See Applicant
Info.)
Background Information:
The petitioner has filed a petition with the Department to replat this portion of the Cherry
Creek Subdivision to change front yard setbacks to 20 feet (Docket No. 141 -03 SP,
Project #03090016).
Analysis:
The petitioner is try to create a specific type of streetscape, and can achieve that by
bringing the houses and ng garages closer to the street. Each lot is considered one property,
and so, there are 67 variances being requested. Ae practical difficulty would exist if all 67
lots were not included in the same variance request.
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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 approval of a 20 -ft garage setback will allow the buildings to be closer to the
street, creating a more unique (human scale) streetscape atmosphere.
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 20 -ft
garage setback. The new setback will give the neighborhood a streetscape
conducive to traditional city neighborhoods.
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 not result in practical
difficulties in the use of the property. The reduced garage setbacks are needed to
place the housing product on the lots accordingly to create a unique neighborhood
setting.
Recommendation:
The department recommends positive consideration of V- 99 -03.
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