HomeMy WebLinkAboutPacket for HO 09-27-21Dransfield Fence Height Variance:
Docket No. PZ-2021-00153 V
Proiect Introduction:
For the purposes of privacy, we are requesting a variance to build an 8' tall fence on our back property
line. When we purchased our home in June of 2013, there were no homes built behind us in what is
now Stafford Place. There was a very large oak tree in the middle of the property behind us (now 14772
Alderbrook Trail) and we assumed that the builder would never get approval to remove the tree and felt
confident there would be no home built. We were incorrect. The builder built the back of the home
within 2' of the tree. The subsequent tenant and current resident removed the large oak tree further
reducing privacy. Most recently the current resident trimmed all mature trees in the back yard to a
height of 20 feet, removing all branches, creating a further lack of privacy.
Statement of Variance:
We are requesting a variance to the Unified Development code for approved fence height from 6' to a
height of 8' as the current UD Code does not sufficiently provide enough height to provide privacy site
lines on adjacent properties' patios (illustrated by photos of 6'6" arborvitaes planted recently and not
tall enough to reduce site lines from petitioner's patio).
Statement of Support:
The current residents of adjacent property (14772 Alderbrook Trail), to our observation have blinds on
their windows but have rarely (if ever) closed them. They leave all the lights on in the house at night,
virtually making their residence a "fishbowl" (pictures included). I understand they have the right to live
in a fishbowl and the right to desire the rest of the world to be their fishbowl. However, they also move
about the house naked and do not close their blinds to shower or bathe. Their patio faces our patio
directly and there is no privacy between the homes. Noise carries easily across the patios as we hear all
their discussions and their large dog who barks incessantly. We should have the right to sufficiently
create privacy from a home built significantly after our purchase date. This 8' fence variance would
provide visual and auditory privacy.
In an earlier attempt this summer to create some privacy, we placed six 6' 6" arborvitaes along the
property line to create some additional privacy at maturity. In an immediate response (within one
week), the residents of 14772 Alderbrook trimmed all the live branches on their mature Maple trees
from the ground up to a height of about 20'. This allows them to see over our arborvitaes, peer into our
yard, and to continue to make us objects of their voyeurism. My wife is very disturbed by this
infringement of privacy. We have exchanged numbers, attended an event or two at the home, and
occasionally greet them across the current farm fence. We have tried to be polite and friendly and let
them know we enjoy our privacy, but to no avail. Despite our pleas for privacy, there have been
numerous texts to my wife such as describing what she was wearing while in the back yard and asking
where she was going all dressed up. This is an invasion of privacy and a true hardship on us.
We have invested in the community (my wife is on the Copperwood HOA), we have significant
investments in our home (kitchen renovation, new floors, new roof, new heating and air, basement
renovation, summer room renovation, landscaping etc.) and we do not want to move. The current
arborvitaes at 6' tall, equal to the current Carmel fence height limits, do not provide any privacy
(pictures included). We would like to remove the current rotting farm fence (remaining from the
original farm before the properties were developed for homes) and construct a professionally made and
aesthetically more pleasing fence along the property line. According to previous Copperwood HOA
Board Members and residents, the developers of Alderbrook Trails were committed to construct a
privacy fence between the two neighborhoods and never followed through with this commitment.
There are numerous examples of fences of this height and greater throughout the Carmel community. I
would believe such a variance has been allowed before unless all prior to us have done so without
approval. We believe the proper route is through the approved channels and therefore humbly request
a variance.
Please accept our variance request.
rr Cameron Fence builders
`y Enclose. Enrich. Enjoy.
Customer Name Mike Dransfield
Address 1051 Arrowwood Dr.
City Carmel
Cross Street
Township
State Indiana Zip
County _
Subdivision
A LA'30
7828 ZIONSVILLE ROAD
INDIANAPOLIS, IN 46268
TELEPHONE: 317-873-6950
sales@cameronfencebuilders.com
Date 08/23/21
Home Phone
Mobile Phone
Work Phone
Email Address
317-695-7701
miked@gainesfinancialservices.com
FENCE SEGMENT 1:
WOOD
PROJECT DESCRIPTION
COMMENTS (IF ANY)
LINEAL FT 73'
Install 73' of 8' high horizontal cedar fence with
CONTRACT WILL NOT BE ENFORCED IF
6x6x12 treated posts.
CUSTOMER IS NOT GRANTED PERMITS,
HEIGHT 8'
VARIANCE APPROVAL FOR HEIGHT OR IF THE
FACE Cedar
FARM FENCE IS NOT ABLE TO BE REMOVED IN
ORDER FOR OUR CREWS TO BUILD THE FENCE
FRAME Treated Pine
STYLE Horizontal
POST DESIGN Flat Top
WALK GATES 0
DD GATES 0
POSTS IN CONCRETE? X Yes ❑ No
FENCE SEGMENT 2:
>!
LINEAL FT
HEIGHT
B
FACE
FRAME
STYLE.:'s:..o.
,x
POST DESIGN
WALK GATES
t`
DID GATES
POSTS IN CONCRETE? El Yes ❑ No
1A 1A 55,
EXISTING FENCE & DIRT REMOVAL
EXISTING FENCE REMOVAL
1 B 18'
AND HAUL AWAY? ❑ Yes N No
WE WILL BUILD 6' WIDE
POST HOLE DIRT REMOVAL
AND HAUL AWAY? ❑ Yes ER No
PANELS TO IMPROVE STA-
BILITY
PERMIT
CUSTOMER OBTAINS ANY
REQUIRED PERMIT? Yes ❑ No
PRIVATE UTILITY & FENCE LOCATION
ACKNOWLEDGEMENT
PAYMENT TERMS
TOTAL
Customer acknowledges that he/she is solely responsible for determining
TOTAL: $4,960
final location of fence within property lines and locating and marking all
$1000 DOWN PAYMENT
private underground lines prior to digging by Cameron Fence Builders. This
LESS DP:
BALANCE:
includes, but is not limited to, private gas lines, pool lines, sump pump,
private street lights, sprinkler systems and drain tiles. Customer agrees to
pay any repair costs if the private lines are damaged during digging due to
inadequate marking or contact made during hand digging."'3.5%
processing fee for credit cards
Acceptance of Contract The above prices, specifications and conditions herein and as
stated on reverse side are satisfactory and are hereby accepted. You are authorized to perform Customer
the work as specif Payment w I made as outlined above. Signature
r
Salesman �- Date
u
WARRANTY INFORMATION
Cameron Fence Builders (referred to as "CFB" throughout the rest of this document) assures that all work will be performed in a
workmanlike manner and in accordance with standard industry practice. CFB provides a one-year workmanship warranty from the
original date of completion, regardless of the fence style or type of work performed. The warranty covers all material and labor
necessary to resolve the defect or installation issue. However, this warranty does NOT cover damage resulting from misuse, abuse,
neglect or improper handling of the fence by the owner and/or other parties.
Additional limited manufacturer warranties may be available beyond the one-year CFB workmanship warranty. The CFB sales
representative can provide information regarding the availability of limited lifetime warranties through the manufacturer of the products.
Restrictions apply and are specified on the manufacturer's warranty letter.
None of these warranties cover damage caused by events beyond human control, including but not limited to damage by animals,
impact by foreign objects, and/or natural events: fire, earthquake, flood, lightning, hail, severe wind, tornado, or other casualty or act of
God; movements, distortion, collapse or settling of ground or structure on which the fence is installed.
WOOD FENCE FACTS
Some of the natural characteristics of wood are as follows:
Checking: This is a crack that can occur in the boards, rails or posts and is not considered to be defective.
Shrinking: All wood can be expected to shrink. most commonly fence boards may shrink as much as 1/8 inch each —
this is NOT considered a defect.
Warpage: This is a natural process of wood. It is impossible to foretell which piece of lumber may warp. Warpage is
not defective and is not covered under any warranty.
Cedar
We strive to use only quality fence boards. All support stringers are treated pine 2"x4"s and all posts are treated pine 4,,x4,'s unless
otherwise specified. There is no warranty that covers decay of cedar fence material.
CONTRACT CONDITIONS
THE MANUFACTURER. WHOLESALER AND/OR INSTALLER ASSUME NO LIABILITY FOR ANY INJURY RESULTING FROM
MISUSE, ABUSE, NEGLECT OR IMPROPER HANDLING OF THIS FENCE, INCLUDING BUT NOT LIMITED TO CLIMBING.
SCALING, UNDERPASSAGE, OR OTHER RELATED ACTIVITIES.
ACCEPTANCE: This proposal, when accepted by the credit department of CFB becomes a binding contract between the parties and
can only be cancelled by the buyer paying a 25% cancellation charge to CFB. If any part of this contract is changed after CFB begins
its work under the contract, the buyer will be charged $75 per manhour for each additional hour incurred by CFB as a result of the
buyer's changes.
PAYMENT: Due to pricing fluctuations: quotes are good for 5 days. Buyer promises to pay in full any balance due on this contract
when CFB has substantially completed its work under this contract. On all balances which remain due more than 10 days after CFB
has substantially completed its work, buyer promises to pay CFB 5% weekly interest. If payment is not made within 10 days after
substantial completion, CFB may take, at its sole discretion, any and/or all remedies available to it under the law, including but not
limited to, a repossession of any and/or all of the materials provided to the buyer by CFB pursuant to this contract. By execution of this
contract, buyer grants to CFB all rights necessary to repossess any and/or all materials provided under this contract should buyer not
pay in full any balance due within 10 days. Should CFB elect to enforce its collection rights in a legal proceeding, buyer agrees to pay
all court costs, attorney fees, and other expenses incurred by CFB in the collection proceeding.
UNDERGROUND FACILITIES: Buyer is solely responsible for clearing fence lines. CFB will notify Indiana 811 to locate all PUBLIC
underground facilities (i.e. Indianapolis Power & Light. Citizens, Duke, Vectren, REMC, Comcast, Verizon, etc.). Buyer is responsible
for locating, marking and repairing (if damaged) any PRIVATE underground facilities (i.e. pool lines, private gas lines, street light lines;
electrical lines, sprinkler systems, sump pump etc.) which are not located and marked by Indiana 811 and/or any other one -call
marking service. If buyer elects to place any/or all of the fence materials in an area encompassing a utility easement, buyer agrees to
pay all costs incurred by CFB, including but not limited to, removing and/or relocating the fence and/or repairing the underground
facility.
CFB WILL NOT dig within 2' of a marked gas line. If such a situation arises, we will adjust the fence layout accordingly.
DIRT REMOVAL: There is an additional charge to remove and dispose of dirt from the owner's property. This is not an automatic step
and must be discussed with the sales representative PRIOR to the installation crew arriving on site.
PERMITS: It is the responsibility of the homeowner to obtain any permits through the local authorities. Additionally, subdivision
restrictions and requirements must be addressed by the homeowner prior to installation. CFB will not be held responsible for failure to
obtain a proper permit or for any violations of subdivision covenants.
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CITY OF CARMEL
DEPARTMENT OF ENGINEERING
APPLICATION
CONSENT TO ENCROACH AGREEMENT
Full Name(s) of Property Owner(s): i ��l (�I�� .tylOn!�k 1���4 n
Property Address: 1'?S1 4tz w w ooi , \ /Jr m J :IDJ - 1 6 033
Phone Number: (� 1 ,,, ( S / � o
Email:
Subdivision/Project Name:*
Subdivision/Project Lot Number:*
Please provide a brief statement as to the action/consent being requested:
1 ii i Mo
We require an Exhibit be provided to accompany the Agreement. The drawing should be to scale if possible. It should
indicate all easements and easement lines and all right-of-way and right-of-way lines. The drawing should show the
encroachment or encroachments and all necessary dimensions relating to the encroachment.
8 %2 X 11 Exhibit Provided Yes � No
*If the property is not within a platted subdivision, we will require a copy of the deed for the property or a legal
description of the property including the date the deed was recorded, plat cabinet, slide, and instrument number.
Please submit application to:
JARROD HUFF
DEPARTMENT OF ENGINEERING
ONE CIVIC SQUARE
CARMEL, IN 46032
Phone: (317) 571-2441; Fax: (317) 571-2439; Email: jhuff@carmel.in.gov
2017
WAIVER OF LIABILITY CONCERNING ENCROACEN ENTS BY FENCES
Mi3jM1 and Dha A E i PA„Qu-/, ("the Landowners") on behalf of themselves, their
heirs, assigns, and successors in title to the following described property acknowledge as follows:
1. The Landowners acknowledge that they are the owners of the following described real property:
051 Aaa o W woto, T)r'
cwm',, rA Llb0?3 L� * 7Z
(hereinafter referred to as "the Real Estate").
2. The Landowners have applied to the City of Carmel ("the City") for a permit to construct a fence upon the
Real Estate.
3. The Landowners further acknowledge that the City will not inspect the location of the fence and,
therefore, in approving a permit for the fence, the City does not represent or warrant that the fence is, or
will be located within the boundaries of the Real Estate, or that the fence will not encroach into, or across,
any easement or right of way (collectively an "Easement") which restricts the use of any part of the Real
Estate.
4. The Landowners, therefore, acknowledge that to the extent any part of a fence and/or any other
improvements which may be installed by the Landowner encroaches upon an Easement, whether a
drainage, utility, or any other easement, the City or any utility or unit of government benefited by such
Easement may:
a. Require the fence and/or other improvements to be removed upon the earlier of three (3) days of
written notice or as provided in any Easement or other governing document,
b. In the event of an emergency, remove the fence and/or other improvements without notice;
C. In the event the fence and/or other improvements are not removed, the City, utility or unit
benefited by the Easement, may, or through their agents and contractors may, remove the fence
and/or other improvements, and cause the materials of the fence and/or other improvements to be
stacked upon the Real Estate.
5. The Landowners agree to release the City, or any utility or unit of government, its officers, officials,
members, employees, invitees, licensees, agents and contractors from any liability to the Landowners,
their heirs, assigns or successors in title, for the removal, damage, or destruction of the fence and/or other
improvements.
The Landowners agree to indemnify and hold harmless the City, or any utility or unit of government, its
officers, officials, members, employees, invitees, licensees and agents from and against any and all losses,
liabilities, damages, claims, judgments, reasonable attorney fees and costs arising from the location of the
fence within an Easement.
7. Fences placed near a drainage easement must not impede the flow of storm water. In the event the flow of
storm water is impeded, the City shall have the rights set forth in Section 3 above to mitigate or alleviate
such condition.
ALL OF WHICH IS ACKNOWLEDGED by the undersigned Landowners thiQ day of714— 20 Z J.
LANDOWNERS
r,
By:
Printed: M t jtat' J � tit ✓�S�1p
STATE OF INDIANA )
) SS:
COUNTY OF HANIILTON )
Subscribed and sworn to before me, a Notary Public this (O day of :S 1'1� , 2�AA, personall
appeared the within named S SON • ,�
Landowners, and acknowledged the execution of theforegoing�ocument.
WITNESS my hand and official seal thi�:nrb day of �� , 20��
Printed Name \ Notary Public
My Commission Expires `\ ' Residing in� J��.County
This instrument was ry prepared b 'j,e \ D-
I affirm, under the penalties for perjury, that I have taken re o bl to ct each and every Social Security
number from this document, unless it is required by law.
FINDINGS OF FACT SHEET - DEVELOPMENT STANDARDS VARIANCE
CARMEL ADVISORY BOARD OF ZONING APPEALS
(Petitioner to fill out 1-3 + first two blanks)
Docket No.: -7 0Z 1 OD `Ii S � V
Petitioner: 1L1/LCt� t � rctI i S ; N-e o
1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of
the community because:
Qf'e �-e �"� Ct TCCtZf1 �y�ee �l''JOy�nuar
-N'tS -tPrnCP w,1� 6.1 G , i-eAVL ro JrnC40r- &A
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:( \
1.
• ♦ P
/A A
1 e a Itt T ` t
The strict application of the terms of the Unified Development to the property will result in practical difficulties
in tho i ico of tho nrnnorfii horni ico-
DECISION
IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Development Standards Variance
Docket No. is granted, subject to any conditions stated in the minutes of this Board,
which are incorporated herein by reference and made a part hereof.
Adopted this
day of
HEARING OFFICER, Carmel Board of Zoning Appeals
SECRETARY, Carmel Board of Zoning Appeals
20
Conditions of approval of the Board, if any, are listed on the Letter of Grant.
Page 11 of 12 Filename: Hearing Officer Development Standards Variance Application & Instructions 2021 Revised 2/25/2021
BALLOT SHEET: FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE
CARMEL ADVISORY BOARD OF ZONING APPEALS
(Petitioner to fill out 111 two blanks only)
Docket No.: _ 13
Petitioner. + �� l/�0. F 1 � Ck I
DATED THIS DAY OF
Board Member
20
Page 10 of 12 Filename: Hearing Officer Development Standards Variance Application & Instructions 2021 Revised 2/25/2021