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HomeMy WebLinkAboutDepartment ReportCARMEL BOARD OF ZONING APPEALS HEARING OFFICER: DEPARTMENT REPORT Sept. 26, 2005 8d. Woods at Williams Creek, lot 25- Faulkner Residence The applicant seeks the following development standards variance: Docket No. 05070025 V ZO Chapter 25.01.01.B.3.b(i)(b) pool located in easement The site is located near the southwest corner of Springmill Rd. and 141st St. and is zoned S- 1/Residence-Estate. Filed by Stephen & Sherri Faulkncr. ~o,~ ~ General Info: The petitioner is seeking variance approval to have a private swimming pool & deck located in a side yard easement. Analysis'. The lot has easements platted along the side yard and in the front yard. The pool will still be set back 10-ft from the side property line, as the ordinance requires for private swimming pools. The County drainage board has granted approval to encroach in the easement. Findings of Fact: Setback 1.) The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: the pool will still be setback 10-ft from the property line, as the Ordinance requires; the pool will be partially located within a 15-ft drainage and utility easement. 2.) 3.) 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 pool will still be setback 10-ft from the property line, as the Ordinance requires; the pool will be partially located within a 15-ft drainage and utility easement. 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 strict application of the Zoning Ordinance may result in practical difficulties in the use of the property, due to fact that the owner may have to relocate the pool on the lot, which is awkwardly shaped like a piece of pie, and this may pose difficulty. Recommendation-. The department recommends positive consideration of Docket No. 05070025 V.