HomeMy WebLinkAboutDept ReportCARMEL/CLAY BOARD OF ZONING APPEALS
HEARING OFFICER
DEPARTMENT REPORT
September 27, 2004
ld. Brookshire Village, Sec 3B, lot 175 - Stonebraker Residence
The applicant seeks the following development standards variance'
Docket No. 04080022 V Chapter 26.02.19.D platted setback
The site is located at 12235 Brompton Rd. The site is zoned R-2/Residence. Filed by Mr. Stonebraker.
General Information:
The applicant seeks approval to build a sunroom
on the rear of his home. The sunroom will
encroach 4 feet into the platted 50-ft rear yard
setback line. This will leave a distance of 46 feet
to the rear property line.
Analysis'.
The applicant's rear yard property line is lined
with trees. The sunroom addition to the house will
be screened by these trees from adjacent
neighbors and add value to the home.
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 4-ft variance in the rear yard setback will
allow the sunroom to be built, which will add value to the home and add to the quality of life of
the petitioner.
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 4-ft variance into the rear
yard setback. The photos show that the property is tree-lined and there will be a green buffer.
Also, The distance from the rear property line will still be significant: 46 feet.
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 platted rear yard setback will be restrictive and the property
owner may not be able to build a sunroom.
Recommendation:
The staff recommends positive consideration of Docket No. 04080022 V.