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HomeMy WebLinkAboutDept Report 3-28-05 CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT March 28, 2005 lb. .MobawkCrossing, See 4"Lot 94: Suder pool The appli~antseeks the following development standards variance approval: Docket No. 05930008 V Chapter 25.01.01.C.8.a pool's side yard setback The site is located at 4925 Jennings Dr. and is zoned S-l/Residence. Filed by Ms. Kim Suder. ,General Info: The petitioner requests approval to place an in-ground pool within the 1 0- ft side yard setback. The ordinance 'states that a pool or deck must have a side yard setback of 1 0 feet. The pool will be approximately 3-ft from the east property line and 6- ft from the house. Analysis: A 65-ft drainage and utility easement runs along the rear of the property, taking up much of the rear yard, and making it difficult to place a pool. The Engineering Dept., will not sqpport the encroachment of the pool into the 65-ft easements, and so. the petitioneris left with limited space to place a pool. Findlngs of F'act: garage front yard s,etback 1.) Th,e. approval of this variance will not .be injurious to the pu.blic health, safety, morals, and general welfare of the commu.nity because: .the petitioner's pool'will still be setback at least'3 ft from the east property line. A 6-ft high fence will screen the pool from the neighbors and Gray Rd. The petitioner will not encroach into' the 65- ft drainage and utility easement on the property. 2.) The use and value of the area adjacent to the property included in the variance will not be affect~dina substantially adverse man.ner because: the petitioner's pool .will still be setback at least 3 ft from the east property line. A 6- ft high fence will screen the' pool from the neighbors and Gray Rd. The petitioner will not encroach into the 65-ft,d~ainage and utility easement on the property. 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: .Thepetitioner will.I?-ot be able to place a pool on the property, due to no space to place the pool due to a 65-ftdrainage and utility easement. Recommendation: The Department recommends positive consideration of Docket No. 05030008V.