HomeMy WebLinkAboutDept ReportCARMEL/CLAY BOARD OF ZONING APPEALS
DEPARTMENT REPORT
June 28, 2004
Gelov Residence - Accessory Structure
The applicant seeks the following development standards variances:
Docket No. 04050019 V Ch. 25.01.01.A.4(a) Accessory Bldg built before Principal Bldg
Docket No. 04050020 V Ch. 25.01.01.B.3(i) Accessory Bldg located in front of Principal Bldg
The site is located at 2290 West 16th Street. The site is zoned S-I/Residence- Estate.
Filed by Barry Smith of SLW, Inc.
General Information:
The petitioner would like to convert an existing home into a pool house and also build a new house
further back on the lot. The ordinance states that an accessory structure cannot exist before a principal
structure is built and it must be 25 feet behind the principal structure.
Analysis:
The site plans shows an innovative layout', the existing house will remain and have a pool just behind
it. The new, proposed home would be located more centered on the lot, so that the accessory
building/pool house will not block the view of the principal building.
Findings of Fact: built before
1.) The approval of this variance will not be injurious to the public health, safety, morals,
and general welfare of the community because: The house will be converted into a pool
house and only change the way it is used. The existence of an accessory structure before a
principal structure is not an issue, but the Department would like some sort of commitment that
the proposed house will be built.
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 may be affected in a substantially adverse
manner by allowing an accessory structure to be built before the ptincipal structure. There
should be some type of commitment that the principal structure will be built.
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 owner would have to build the proposed pool house behind the
existing home, and not convert the existing home into a pool house, thus affecting thc
petitioner's envisioned layout of the property.
Findings of Fact: located in front of
1.) The approval of this variance will not be injurious to the public health, safety, morals,
and general welfare of the community because: The size of the parcel is so large, that it can
accommodate a pool house and house, with the view to the main house not being obstructed by
the pool house.
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 may be affected in a substantially adverse
manner by allowing an accessory structure to be located in front of a ptincipal structure, if the
placement of the buildings on the site was not aesthetically pleasing.
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 will not result in practical difficulties in thc usc
of the property, due to fact that the owner can build a pool house behind the existing house,
without having to convert the existing home into a pool house.
Recommendation:
The staffrecommends positive consideration of Docket Nos. 04050019 V and 04050020 V.
