HomeMy WebLinkAboutDept ReportCARMEL/CLAY BOARD OF ZONING APPEALS
DEPARTMENT REPORT
April 26, 2004
17h. Spring Lake Estates, Lot 38: Townsend Residence
The applicant seeks approval of the following development standards variance'
Docket No. 04030022 V Ch.6.04.03.A front yard setback
The site is located at 399 Mallard Court. The site is zoned S-2/Residence.
Filed by Jay Gibson of CDG Consulting, Inc.
Ltl
:~ :N OLD MERIDIAN
us 31
General Information:
The petitioner requests approval to build a new home with an attached garage. The garage will
encroach 8 feet imo the 35-ft building setback.
Background Information: no additional information.
Analysis'.
The petitioner has a situation where the lot has a 35-ft building setback line on its front yard and on
one of its side yards. There is also a sign easement on the lot. The garage will encroach 8 feet past the
building setback line, into the from yard. The total square footage of the garage that will encroach into
the front yard is 166 square feet. One suggestion would be to flip the house plan horizontally so that
the house fits in the context of being on a comer lot that faces Spring Mill Road. Then the extended
garage will not be the first thing someone sees when entering the subdivision. Another concern is the
fact that almost all, if not all, of the homes in this subdivision are built behind the building setback line.
The new garage would interfere with the sight line.
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 encroachment of the garage into the
from yard will not be injurious to the community because it will break the sight line, where the
rest of the homes on the street sit behind the building setback line.
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 thc area adjacent to the property will be affected in a substantially adverse
manner by allowing the garage to encroach 8-ft into the from yard setback. The garage will jut
out 8-ft past thc building setback line. The neighbor to the cast is in direct sight of thc multi-car
garage. Several other neighbors will have the look directly at the garage door, rather than a
more pleasing elevation of the house.
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:
Thc strict application of thc Zoning Ordinance may result in practical difficulties in the use of
thc property duc to fact that thc owner might not be able to fit a house and garage on this lot.
Thc house floor plan is just too big for this particular lot.
Recommendation'.
The department recommends negative consideration of Docket No. 04030022 V.
If the Board decides to approve this petition, thc house floor plan should be flipped horizontally so that
thc house will fit into the context of being situated on a comer lot, at the entrance to thc subdivision.