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CARMEL BOARD OF ZONING APPEALS
HEARING OFFICER: DEPARTMENT REPORT
June 7, 2005
Id. Spring: Lake Estates, Lot-44 - Creed Residence
Petitioner seeks the following development standards variance approval:
Docket No. 05050022 V ZO Chapter 6.04.03.A front yard setback
The site is located 12192 Teal Lane and is zoned S-2/Residence.
Filed by Construction Services Associates for Wendy Creed.
General Info:
The petitioner is seeking approval to
encroach 5'6" into the north 35-ft front
yard setback.
Analysis:
There is a landscape maintenance
easement on the northwest comer of the
lot, and the proposed building footprint
will still be out of that easement. The lot is a comer lot with more square footage, thus more area to be
front yard open space.
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 house will encroach 5'6" into the 35-ft
front yard setback, yet will still leave 31 feet of front yard open space to the road right of way.
2.) The use and value of the area adjacent to the property inclu~ed in the variance will not be
affected in a substantially adverse manner because: The house will encroach 5'6" into the
35-ft front yard setback, yet will still leave 31 feet of front yard open space to the road right of
way.
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 house will not be. able to be
built as submitted, and may affect the quality of life of the homeowner. There will be delays in
. building out the neighborhood, perhaps affecting the neighbors.
Recommendation:
The Department recommends positive consideration of Docket No. 05050022 V.