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CARMEL BOARD OF ZONING APPEALS
HEARING OFFICER: DEPARTMENT REPORT
June 27, 2005
2d. Orchard Park, Lot 115: Horstman Garage
The applicant seeks the following development standards variance:
Docket No. 05060002 V ZO Chapter 26.02.19.D building setback line
The site is located at 10000 Orchard Park W. Drive and is zoned S-2/Residence.
Filed by William & Beverly Horstman.
General Info:
The petitioner seeks approval to have
their proposed garage encroach into
the platted60-ft building setback line
on a comer lot.
Analysis:
The ordinance states the platted
building setback lines shall establish
the dimension of front yards in that
subdivision. A building permit will
be needed from the Building & Code
Enforcement Department. If a new
curb cut is proposed, it will need
approval from the Board of Public
Works through the City
Engineering Office.
Findings of Fact:
1. The approval of this vari~nce will not be injurious to the public health, safety, morals and
general welfare of the community because: the site is a comer lot, larger than most of the interior
lots in the neighborhood, allowing for space to build a garage. The setback/building will still be 39-ft
from the road right of way.
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 site is a comer lot, larger than most of the
interior lots in the neighborhood, allowing for space to build a garage. The setback/building will still
be 39-ft from the road right of way.
30 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 quality of life may be reduced, due to
the fact that the property owner will not be able to site a garage on the property.
Recommendation:
The Department recommends positive consideration of Docket No. 05060002 V.