HomeMy WebLinkAboutDept Report CARMEL BOARD OF ZONING APPEALS
HEARING OFFICER DEPARTMENT REPORT
March 2, 2010
ld. ld. Keeling Setback
The applicant seeks the following development standards variance approval:
Docket No. 10020008V 23D.03.C.1.b.iii Reduced side yard setback
The site is located at 631 2 Avenue NE and is zoned R3 /Old Town Character Subarea, on 0.36 acre.
Filed by Adrienne Keeling, owner.
_.4. General Info: The petitioner is requesting approval for a
C 1 reduced side yard setback. Surrounding uses are residential,
s 1 1 a on lots of varying size.
i 1 ,(-,,,Ti: Analysis: The subject site is a double lot with an existing
-r single- family home on the northern lot, which includes an
i r, 1 attached garage constructed over the property line. Because
2 'r 1 the owner wishes to construct a new home on the southern lot,
,r2, k the petitioner is proposing to demolish the portion of the
tt r t m l� p l� g p i garage which is built over the property line, leaving only the
area which includes the home's furnace, water heater and
t,-... r J circuit breaker box. The remaining garage would be
k a roximatel one foot from the property line. Given the
I. pp Y p p Y
_.�1, .L.- t t 4..k d of the lot, the petitioner is not be able to comply
with the R -2 setback requirements, without a complete redesign and reconstruction of the home's
mechanical systems. The encroachment of approximately four feet would be minor, and similar to other
setbacks in the immediate area.
Findings of Fact: Reduced side yard setback
1. The approval of this variance will not be injurious to the public health, safety, morals, and
general welfare of the community because: the setback reduction is minor, and similar to others
in the area.
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 setback reduction is minor, and similar
to others in the area.
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 parcel could not be split, nor the
new parcel developed, without the grant of variances for one or the other of the two parcels.
Recommendation:
The Dept. of Community Services recommends positive consideration of Docket No. 10020008V
after all concerns have been addressed.