HomeMy WebLinkAboutDept Report CARMEL BOARD OF ZONING APPEALS HEARING OFFICER
DEPARTMENT REPORT
MARCH 28, 2011
4. (V) High Grove, Lot 32 Marsden Pool Setback.
The applicant seeks the following development standards variance approval:
Docket No. 11010012 V Ch. 25.01.01.C.8.a: swimming pool /deck, side yard setback
The site is located at 1891 Winesap Way and is zoned S -1 /Residence. Filed by Noel Angela
Marsden, owners.
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General Info Analysis:
*4 f� rte variance approval
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-��w �1,, 1 .1, ��1 to The build a petitioner pool and seeks decking partially sr r n j r F within the 10 -ft side yard setback. The 3 r s f�'
j"J r r` �V .1< l has two road fronta es, which means
sa `F� r N$ i i ��Y s -c e 2 �w w 7111:1:7 b g
it al ha s two front and setbacks.
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4 r Placement of a ool and its deckin is a
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t y a i r u c ha llenge the this site. Only a small
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j,i� a k port of the pool s decking (a
4 �,r 4 t r i angular area of about 9 square feet)
t r actually encroaches 3 ft in the 10 -ft
1� i K tf side yard T its
r p' \''.31-'4. decking will not setback. encroach he pool on any and
144 Y t,� z easements. A sa side note, the High
d fi T ��rm ti "-.0 f
a r 1 r :l Grove Homeowners Association Board
r� has app roved the ool plan Please see
klf k U, 1,...4.45,,,,v,:. p ai C t the petitioner's informational packet
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g a1' z f or more detail.
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z r�� iii z= 1 L M 1 t4 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:
Only a small portion of the pool's decking (a triangular area of about 9 square feet) actually encroaches 3 -ft
into the 10 -ft side yard setback. Otherwise, the side yard setback is met.
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: On a small portion of the pool's decking (a triangular area of
about 9 square feet) actually encroaches 3 -ft into the 10 -ft side yard setback. Otherwise, the side yard
setback is met.
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: an average sized residential pool could not be placed on
the lot, and a smaller than average pool would have to be placed on the site, which might not be worth the
time and effort to add this type of amenity to the property.
Recommendation:
After all concerns have been addressed, the Dept. of Community Services recommends positive consideration
of Docket No. 11010012V.