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HomeMy WebLinkAboutDept ReportCARMEL/CLAY BOARD OF ZONING APPEALS HEARING OFFICER DEPARTMENT REPORT October 25, 2004 ld. Arwood Residence The applicant seeks the following development standards variance' Docket No. 04090026 V Chapter 5.04.03.C. 1 side yard aggregate The site is located at 14442 Cherry Tree Rd and is zoned S-1/Residence. Filed by Michael Arwood. General Information: The applicant seeks approval to build a garage to the north of his home, which will cause the aggregate side yards to be less than the required 30- ft. The variance approval request is for a 20.4 aggregate of side yard, rather than the 30-ft. Analysis. The house sits at an angle on the lot. So, when the owner wants to place a garage on the site, it will be at an angle also. The side yard setbacks are met, but the aggregate of side yard is not met. Discussion was had about moving the location of the garage further back on the site, but the owner related that it would not be very cost effective, since the land behind the house slopes and is steep, while the land just adjacent to the house is more flat and suitable for building a garage. Findings of Fact: 2.) 3.) The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because. The garage will still meet the side yard setback requirement of 10 feet and will be built on the same angle as the existing 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 garage will still meet the side yard setback requirement of 10 feet and will be built on the same angle 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 the fact that the property owner will have a hardship in locating an alternate location on the property for the garage, considering the irregular lot size and the terrain of the lot. Recommendation: The staff recommends positive consideration of Docket No. 04090026 V.