HomeMy WebLinkAboutDept Report CARMEL BOARD OF ZONING APPEALS HEARING OFFICER
DEPARTMENT REPORT
MAY 28,2013
2. (V) Kaufman Addition, Shelborne Greene Sec. 5-B,Lot 223
The applicant seeks the following development standards variance approval for a sunroom addition:
Docket No. 13050003 V ZO CH: 7.04.03.D Min rear yard setback 20 ft, 5 ft encroachment
requested
The site is located at 9719 Innisbrook Boulevard and is zoned R-1/Residence. Filed by Ray Stair of Stair
Associates, on behalf of the owners.
a a 'I . t ) F:, ,. 3 7 General Info:
`� s �� � `F k 3 The Petitioner requests variance
�4g � � �' -'4 r ' +� ; approval to build an addition onto
g _, ,. r A 2't their home that will encroach 5
I. 1 +�C g' °�� r �^<���s' �,.; i � r '`fir y �. '1 4th,.
‘, '; k ,; r e , , � , s a feet into the 20 foot rear yard
•c•m-, ,„, .� ', i '1~ ;k ' %r, Ala '` 1, setback. The lot is surrounded b 5 Ya z. ''� �' } p t aQQU y
Y. Y s r 5.f" ' ' ,,- �� ), ds,�-,„~ y 'A �i', : �- �;i single-family homes with a golf
t tf,.�, '� '����I q' .�` a' ;Iv ' °') "1;�ti course to the east(rear)of the lot.
` i " 4 g� ,. s 5 ��.. 'i'' . r )�'r P$'' Please refer to the petitioner's
'^ k'',1''''- ,x} %. u„�;` ,� t a r ^,t: , t' " t �q,x.t k P *a petitioner's
' e'' t 1, t ,� a''" ' 0, , , �� ° information packet for more
°, . ig i;. I, x; : '-..:. ...0—'—''''''';,; .� *^'� ; .i details.
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Analysis
s - 40 ,, �$ ,�z _, ��� The addition will only encroach
t. ` 4, ia.% . ` : ... '.:•',,,l,--4:4, _ ` : t. into the rear yard setback by 5
feet. This is a minor
encroachment and should not affect the neighbors in a substantially adverse manner. Common area and a golf course
exist behind the rear yard of this home so there is not as much concern as if there was a private home behind this property.
The addition will still meet the required side yard setbacks. The petitioner has received approval from their Community
Association.
There is also an open deck proposed,which will be about 12 feet into the rear yard. This,however,is considered an
accessory use and so would only need to be setback about 5 feet from the property line.
Finally,the addition will also encroach into a 20 foot drainage easement that exists in the rear yard. The petitioner should
confirm with the Engineering Department that they have received approval to encroach into the easement. It is not
anticipated that the addition will affect the drainage of the site as it appears to slope east and drain toward the common
area and golf course.
The Department is in support of this variance request.
Petitioner's 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: this variance request is for a 5 foot rear yard setback encroachment for a
private residence in Shelborne Greene Subdivision bordering the west side of Twin Lakes Golf Course, this
variance will not impact the community or the golf club. See AMI letter dated Oct 8,2012.
2. The use and value of the area adjacent to the property included in the variances will not be affected in a
substantially adverse manner because: this variance request is for a 5 foot rear yard setback encroachment
bordering the west side of Twin Lakes Golf Course. This variance will not impact the N. or S. side adjacent
properties in an adverse manner since there are no adjacent porches,patios,or windows nearby.
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 variance request for 5 feet will allow the sunroom to be
12 ft by 19 ft in lieu of an impractical 8 ft by 19 ft room. 8 ft by 19 ft room would not give the owner use of a
fireplace or practical furniture arrangements.
Recommendation: The Dept. of Community Services recommends positive consideration of Docket No. 13050003 V.
2