HomeMy WebLinkAboutDept ReportCARMEL BOARD OF ZONING APPEALS HEARING OFFICER
DEPARTMENT REPORT
JANUARY 25, 2011
1. Briar Creek, Section 1, Lot 33
The applicant seeks the following development standards variance approval in order to have a building
addition encroach into the front yard setback:
Docket No. 10120015 V Ordinance Chptr 6.04.03: Front yard building setback
The site is located at 10388 Briar Creek Pl. The site is zoned S -2 /Residence. Filed by Paul Smith, on behalf of
Markian Angela Bochan, owners.
General Info•
The petitioner requests approval to construct a
garage building addition that will encroach
about 6 -feet into the 30 -ft front yard building
setback, making the building addition's
distance 23.87 feet to the street right of
way /sidewalk area. Please view the
petitioner's info packet for more detail.
Analysis:
The site is located on a cul -de -sac where lot
sizes and shapes can be different from the rest
of a platted subdivision. The proposed
building addition will match the existing
house's colors and materials.
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 lot shape
near the cul -de -sac road right of way is
not squared off. The garage addition will only encroach 6 feet into the setback, which is 30 -ft wide.
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 garage addition will only encroach 6 feet into the setback, which
is 30 -ft wide. The building addition's materials and colors will match the existing house. The lot shape near
the cul -de -sac road right of way is not squared off.
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 garage addition will have to be built elsewhere on the lot,
and may not add to the character or value of the house or the neighborhood, if it has to be placed awkwardly
on the lot, to be able to meet all the setback requirements.
Recommendation:
After all concerns have been addressed, the Dept. of Community Services recommends positive consideration of
Docket No. 10120015 V.