HomeMy WebLinkAboutDept ReportCARMEL/CLAY BOARD OF ZONING APPEALS
DEPARTMENT REPORT
March 22, 2004
lh. (#04020012 V) Chateaux de Moulin Subdivision
The applicant seeks approval of a development standards variance'
Docket No. 04020012 V Ch.6.04.03.A front yard setback
The site is located West of Spring Mill Rd and West 116th Street. The site is zoned S-
2/Residence -Very Low Density. Filed by Joseph Calderon of Ice Miller for Campbell
Investments 2, LLC.
General Information:
The petitioner would like to reduce the from yard setback of Chateaux de Moulin subdivision.
This request affects 6 lots. The petitioner feels that the road design and narrow width of the
property constitutes a need for front yard reduction from the required 35 feet to 25 feet.
Background Information'.
The primary plat (Docket No. 188-03 PP) has appeared before the Camel Plan Commission at
the February 17, 2004 meeting, where they voted 11 to 0 to approve the primary plat with
subdivision waivers for cul-de-sac length, private street, and not providing a stub street to
adjacent properties. The vote to approve the waivers was 8 to 3.
Analysis'.
The reduced front yard setback will allow the homes to be built closer to the street and allow for
a larger back yard for each resident. The curvilinear road and narrow parcel creates small
building pads for the very large homes proposed. The neighborhood will have a feeling of an
established neighborhood if the houses are pulled closer to the street, with most of the open
space in the rear yards. It seems that the long, narrow parcel of land, the dedication of right-of-
way, the road configuration, and the on-site retention area all reduce the amount of buildable
area.
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 ordinance requires a 35-ft
front yard setback. This variance is for 10 feet. The approval of this variance will not be
injurious to the community because the houses will be able to be built 10 feet closet to
the street, providing a better layout for 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:
It is the Department's opinion that the use and value of the area adjacent to the property
will not be affected in a substantially adverse manner by allowing the reduced front yard
setback. Thc houses built on these lots will be large and will not affect the adjacent
property value negatively.
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 strict application of the Zoning Ordinance may result in practical difficulties in the
use of the property due to the fact that the houses will have to be built further back from
the street, where the developer will not be able to achieve his planned design for the
neighborhood. Also the large homes may have a slight problem being placed on the lots.
Recommendation'.
The department recommends positive consideration of Docket No. 04020012 V.