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HomeMy WebLinkAboutPacketDocket No.: Petitioner: CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA 11010012 V Noel and Angela Marsden FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: the variance request is for some concrete in the setback between two houses. The public will not be exposed to the concrete. The concrete will be the same kind of concrete found in many other places in the community. 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 use of the area adjacent to the concrete will still be our yard and our family will use the adjacent area as such. The adjacent area will be unaffected. 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: Our lot is on the corner of Braeburn Dr and Winesap Way. We have two 25 ft setbacks, or said another way, we have two front yards. The neighborhood requires that we have a minimum of 1500 sq ft of first floor living space. The house is built so it just barely fits on the lot with room for a standard 16 by 32 ft pool. We couldn't get the deck to also fit perfectly. DECISION IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Development Standards Variance Docket No. is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof. Adopted this CHAIRPERSON, Carmel /Clay Board of Zoning Appeals SECRETARY, Carmel /Clay Board of Zoning Appeals day of 20 Conditions of the Board are listed on the back. (Petitioner or representative to sign). Page 8 of 9 z:\shared \forms \BZA applications\ Development Standards Variance Application rev. 3/22/2010 Statement of Variance Docket 11010012 V Petitioners: Noel and Angela Marsden The petitioners are planning to place a pool on their lot (Lot 32, High Grove) next to their house that is currently under construction at 1891 Winesap Way, Carmel, IN 46032. As a result, the petitioners are seeking a variance to allow them to place a small piece of concrete decking in the southern 10 ft setback. The concrete will be a little less than nine (9) square feet. This variance, if approved, would allow the petitioners to have a continuous three (3) foot concrete deck around the entire pool. The petitioners refer to the site drawing as a part of this information packet to show the location of the concrete that would require the variance. The petitioners purchased the corner lot which is on the corner of Braeburn and Winesap Way. This particular lot requires the petitioners to have two (2) separate 25 ft setbacks due to having road frontage on both sides. The neighborhood requirement is that the house have at least 1,500 square feet of first floor living space. Between these two requirements, there is a hardship on the design of the house to accommodate a pool. The architect has done a good job of creating a house that fits on the lot and complies with all rules while allowing a space for a pool. The petitioners believe that the acceptance of the variance request will not have an adverse impact on their property, the neighbor's property, the neighborhood nor the community of Carmel in general. Statement of Support Docket 11010012 V Petitioners: Noel and Angela Marsden The petitioners believe that this variance should be granted because of the hardship due to having two front yards coupled with the immateriality in the scope of a 14,000 sq ft lot related to nine (9) square feet of concrete (0.06% of the lot). The petitioners are focused on making their house and the neighborhood attractive places to live and will ensure that every step is taken to ensure that the overall appearance and function is consistent with this focus. As of the writing of this statement, the HOA has not yet convened with their approval of the variance. It is the petitioners intent to bring proof of this acceptance to the Hearing in order to show support for the variance.