HomeMy WebLinkAboutDept Report CARMEL BOARD OF ZONING APPEALS HEARING OFFICER
MAY 23, 2011 DEPARTMENT REPORT
1 3. (V) Heritage Square, Lot 6A
The applicant seeks the following development standards variance approvals in order to construct a home:
Docket No. 11050003 V Ordinance Chapter 10.04.03.A: front yard setback
Docket No. 11050004 V Ordinance Chapter 10.04.03.B C: side yard setback/aggregate
Docket No. 11050005 V Ordinance Chapter 10.04.03.F: lot cover percentage
The site is located at 239 Legacy Ln. It is zoned R -4 /Residence. Filed by Jennifer Englert.
I 3 1 e General Info Analysis:
L- '�1 'Z°�"y v. w j en a.1 1 .tra, 5e M 't r �,'p 4 °l
far d r f t The p etitioner seeks variance approval
P x' t ms s for setbacks and lot cover, in order to
W xg� 1 yy f, build a house on a very narrow lot.
Y ii� o
f "A r k fi '?"T i t i rry� This is the last vacant lot in the
;i
nn 1
subdivision, which was platted in
1995. Please see the petitioner's
I r Ir t i nformat i onal packet for more
detail.
1-' a fx f d J r +si it 1'17 w 1 y e a i t
11 a t� i s t The R-4 district zoning regulations in
u j 8 4, k 9 place in the 1990s required a 25 ft
,.5.t,',,% a F i,1- front building setback, 5 ft side yard
t 4 i 3 F` k I r I set wi a 10 ft aggregate, and a
yak q. r ie s
to h r n r maximum lot cover of 35
i Y i n ;1 1 Heritage Square subdivision was
.L;. r lam& r `34 •fi Al s o originally developed in 1995 as 60 -ft
wide lots where duplexes (single family attached homes) would be built on each lot. The homes were to be attached via a
common wall in the garage. Over time, the Lots have been split in half, usually down the middle of each duplex for the
purpose, whether immediate or future, of transfer of ownership of either or both of the resulting lots.
The lot in question has a unique situation where the land owner to the south of this lot built a house that is a single family
detached house and split that 60 -ft wide lot in half, but the petitioner could not build her half of the `duplex' to attach to
that structure. The subject lot is now 30 -ft wide. The proposed house will be 29'2" wide and 80 -ft long, including a
garage. Side yard setbacks proposed are 2 feet and the front yard setback proposed is 20 ft. Also, the missing segment of
sidewalk along the front of this lot will finally be installed and complete the neighborhood, and additional trees and shrubs
will be planted on the lot.
Findings of Fact:
1. The approval of these variances will not be injurious to the public health, safety, morals, and general welfare of
the community because: the Heritage Square neighborhood is developed in a consistent manner with very small
side yards and two story homes. This house will be the last piece of the pile to complete the neighborhood.
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 Heritage Square neighborhood is developed in a consistent manner with
very small side yards and two story homes. This house will be the last piece of the puzzle to complete the
neighborhood.
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: a house could not be built on this site, causing the lot to remain vacant forever.
Recommendation: After all concerns have been addressed, the Dept. of Community Services recommends positive
consideration of Docket Nos. 11050003 V 11050005 V.