HomeMy WebLinkAboutDept Report 07-22-13CARMEL BOARD OF ZONING APPEALS HEARING OFFICER
DEPARTMENT REPORT
JULY 22, 2013
4. (V) Lot 37, Camden Walk, rear yard setback
The applicant seeks the following development standards variance approval for a new home and deck:
Docket No. 13060024 V ZO CH:5.04.03.D 20 ft rear yard setback, 10 ft requested
The site is located at 9929 S. Towne Lane. The site is zoned S-1/ROSO (residential open space ordinance.) Filed by
Warren Steinborn, owner.
General Info:
The Petitioner requests variance approval to permit
an existing, covered deck and a portion of the house
to be in the 20 foot rear yard setback. The parcel is
surrounded by single-family residential lots with a
Please
common area to the east (rear) of the site.
refer to the petitioner’s information packet for
more details.
Analysis:
The Zoning Ordinance requires a 20 foot rear yard
setback, but the recorded plat for this subdivision
mistakenly labeled the rear yard setback N/A. The
builder designed and built the home based on the
assumption that there was no rear yard setback.
During the permit inspection process it was
discovered that there should in fact be a 20 foot rear
setback, however the home was already under
construction
The home sits about 2 feet into rear yard setback and
a raised deck extends about 10 feet into the rear yard. The home/deck are still 10 feet away from the property line and
they are not within the existing drainage easement at the rear of the site. There are also no homes behind the property as it
backs up to a common area. This variance should not affect the surrounding properties in a substantially adverse manner
as the majority of the encroachment is for the raised deck which is only 18 feet long and is at the southern portion of the
lot which abuts a currently empty parcel.
The Department is in support of this variance request.
The Department is also working with the developer to have the
recorded plat corrected to reflect the accurate setback.
Petitioner’s Findings of Fact:
The approval of this variance will not be injurious to the public health, safety, morals, and general
1.
welfare of the community because
: it does not impact the neighbors in any way. No neighbor to the rear.
The use and value of the area adjacent to the property included in the variances will not be affected in a
2.
substantially adverse manner because
: this is on the rear of the home.
The strict application of the terms of the Zoning Ordinance to the property will result in practical
3.
difficulties in the use of the property because:
it will require the removal of the existing covered deck and
two 2 feet extensions.
Recommendationapproval13060024 V.
: The Dept. of Community Services recommends of Docket No.
3