Loading...
HomeMy WebLinkAboutDept Report HEARING OFFICER CARMEL/CLAY BOARD OF ZONING APPEALS DEPARTMENT REPORT April 26, 2004 l d. Brookshire Village, Lot 60: Kett Residence The applicant seeks approval of the following development standards variance: Docket No. 04030040 V Ch.8.04.03.D.1 rear yard setback The site is located at 12547 Charing Cross Rd. The site is zoned R-2/Residence. Filed by Gilbert Kett. General Information: The petitioner requests to build an enclosed porch, where the current patio concrete slab is located. The ordinance states the rear yard setback of a structure in the R- 2/Residence zone must be 20 feet from the rear property line. If built, the enclosed porch will encroach into the rear yard setback. Analysis'. The petitioner has a unique situation where there is a mound and buffer yard created by the commercial property to the east. The enclosed patio will compliment the existing architecture to create a pleasing layout on the property. The back yard of this property cannot be seen from the property to the east. 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 enclosed patio will not be injurious to the community because this variance is to enclose a porch that already exists. This variance will allow the proposed enclosed patio to be built in the back yard of this property. 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 and value of the area adjacent to the property will not be affected in a substantially adverse manner by allowing the variance for rear yard setback. The proposed enclosed porch will be made of the same materials as the existing house. 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 fact that the enclosed patio will not be able to be built. The property owner may have a hardship, due to lack of space inside the home. Recommendation: The department recommends positive consideration of Docket No. 04030040 V.