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HomeMy WebLinkAboutDept ReportCARMEL/CLAY BOARD OF ZONING APPEALS HEARING OFFICER DEPARTMENT REPORT December 13, 2004 4d. Fecitt, Lot 1 - Haddad Residence The applicant seeks the following development standards variance approval: Docket No. 04110020 V Chapter 26.02.19.D front building setback The property is located at 14415 Cherry Tree Rd and is zoned S-I/Residence. Filed by Robert Haddad. Finding of Fact: 1.) General Info: The petitioner would like to build a 3-car garage that will extend approximately 38 feet past the 70-ft front building setback line. Analysis'. The rear of the property has a steep slope, due to the creek that runs behind the property. That part of the lot is not feasible to build a garage, and so the petitioner would like to build a garage that encroaches approximately 38 feet into the 70-ft front building setback line. 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 sit far back fro the road, and will only encroach 38 feet into the 70-ft front 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 garage will still sit far back from the road, and will only encroach 38 feet into the 70-ft front building setback line. 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 fact that the owner may not be able to build a garage on the property due to setbacks and topography on the site. ~ Recommendation'. The Department recommends positive consideration of Docket No. 04110020 V.