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Home My WebLink AboutPacket for HO 11-22-21BOARD INFO PACKET RE: NOTICE OF PUBLIC HEARING BEFORE THE CARMEL BOARD OF ZONING APPEALS Docket No. PZ-2021-00203 V Statement of Variance and Variance Request This is an application seeking a variance to UDO Section 5.09 FW-01C which states: Fences in Side and/or Rear Yards: Residential fences located within any required side or rear yard shall not exceed six (6) feet in height, as measured from the topmost point thereof to the ground adjacent to the fence. The variance sought is to permit the addition of a one (1) foot lattice topper to an existing six (6) foot fence. If the variance is permitted the subject land owner will be able to complete a one (1) foot piece of lattice work on the top of the existing six (6) foot fence. The result will be a total height of seven (7) feet along the full length of the fence giving enhanced privacy for the subject land owner ’s property next to the fence. BOARD INFO PACKET RE: NOTICE OF PUBLIC HEARING BEFORE THE CARMEL BOARD OF ZONING APPEALS Docket No. PZ-2021-00203 V Statement of Support All privacy that existed between the subject property and the property to the south of the subject property was lost in August of 2021, when forty (40) plus Colorado Spruce trees all taller than 40 feet in height, which previously lined the border between properties, was clearcut. The variance is being sought to enhance the current level of privacy which has been re-established through the construction of a six foot fence. The addition of the extra foot will help to further restore some of the lost privacy and add to the enjoyment of the subject property yard proximate to the fence. ArcGIS WebMap Esri, HERE, Garmin, INCREMENT P, USGS, EPA, USDA Parcels Zoning S-1 Streets Carmel City Boundary 2021 Photography Red: Red Green: Green Blue: Blue October 26, 2021 0 0.03 0.050.01 mi 0 0.04 0.090.02 km 1:2,280 ArcGIS WebApp Builder F4 111 7 0-0:: -?I - Z0zl -CSC) 7 c)-3 The Schneider Historic Fort Harrison 89010tis Avenue Indianapolis. IN 46216-1037 PtMC 317.826.7100 Fa): 317.826.7200 12 NO PHYSICA�EMDMCE OF POSSESSD28DZIM iJ�tRNQ° °f 398.64' 70' O N87'00'OlfW 681.82' �1 zI LOT 13 o n 41 RESKkWCE NOT SHU M 0 za 3 �t N I EA0z N NO PHYSICAL EVIDENCE OF POSSESSION FOUND CENTERLINE DETAIL NOT TO SCALE M) COPPERWELD MONUMENT W/CUT "X- RECOVERED AT STREET SURFACE 5/8" REBAR WITH YELLOW CAP STAMPED SCHNEIDER FIRM 0001 SET FLUSH WITH THE GROUND 5/8" REBAR WITH YELLOW CAP STAMPED SCHNEIDER O FIRM 0001 FOUND NEAR GROUND SURFACE ❑ 3/4" REBAR FOUND AT THE SURFACE OF THE GROUND SHEET 3 OF 3 0 R=Xr7a ssity� t cc oa.C> #� 0 ASSUMED NORTH GRAPHIC SCALE 0 25 50 1DO 1 INCH = 100 FT REVISION##: 7-31-12 DLG REVISED LOCATION OF CHAIN LINK FENCE BASED ON BASE OF FENCE POST LOCATION AT (',ROUND SURFACE RETRACEMENT SURVEY SCALE: 1" = 100' Job # Vb12.0103303 Prepared For. GIRL L and VIC KJ SHEPHERD Subdivision: QUEEN'S MANOR SECTION TWO Lot 13 Recording Info: PLAT BOOK 9, PAGE 75 Lot Size: 4.80 AC. County: HAMILTON Township: CLAY Sec/Twp/Rng: SEC 3-T17N-R3E Street Address: 10748 ROYAL DRIVE, CARMEL, INDIANA 46033 Buyer/Owner: JOHN ROBERT RUDOLPH and BRENDA JEAN STEWART-RUDOLPH Prepared By. DLG DATE. 7-23-12 V:\MWMA*AWLTON\QUEENS MANOR\SECTION 2\LOT 13\AKHVES\0A63-L0T SURVEY.&#; BOARD INFO PACKET RE: NOTICE OF PUBLIC HEARING BEFORE THE CARMEL BOARD OF ZONING APPEALS Docket No. PZ-2021-00203 V Other Pertinent Information 1.The Planning Department of Carmel City is supportive of the variance. Please see Attachment No. 1. 2.When viewed from the perimeter of their respective properties closest to the fence, none of the other adjoining properties (Lot Nos. 008, 014, 015, 002, and 028.116) can either even see the fence, or easily notice that there is a one (1) foot topper on the six (6) foot fence. See photos taken from these positions in Attachment 2 to this Other Pertinent Information. 3.As of the writing of this document (Nov 8, 2021) Mr. Matt Burnett of Lot No. 028.116 was the only adjoining neighbour to contact the petitioner. Mr. Burnett commented that he couldn’t see any problem with the request. BOARD INFO PACKET RE: NOTICE OF PUBLIC HEARING BEFORE THE CARMEL BOARD OF ZONING APPEALS Docket No. PZ-2021-00203 V Other Pertinent Information - Attachment 1 E-mail message from Ms. Angelina V. Conn to petitioner, September 27, 2021 at 12:18:38 PM 11/8/21, 11:27 PM iCloud Mail https://www.icloud.com/mail/1/8 From:Conn, Angelina V Aconn@carmel.in.gov Subject:RE: Removable lattice on top of a 6 foot fence (10748 Royal Dr) Date:September 27, 2021 at 12:18:38 PM To:John Rudolph johnrrudolph@me.com Cc:Brenda Stewart-Rudolph bjsr1@icloud.com Good afternoon, John – Thank you for letting me know that you will not file until the end of next month. Yes, this particular variance can be heard by a BZA Hearing Officer, and the Planning Dept. will be supportive of a 7-ft tall fence along your side property line. Listed below are the dates and deadlines for the Nov. 22 BZA Hearing Officer meeting: Nov. 22 BZA Hearing Officer meeting timeline filing deadline 10/25/2021 Mon. by Noon public notice deadline for mailings/sign posting 11/12/2021 Fri, by 5pm deadline for public notice legal ad to be sent to The Current in Carmel (so that it prints on Tues. Nov. 9) 11/2/2021 Tues. by Noon fees/packets due, agenda released 11/12/2021 Fri., by Noon dept. report issued, proof notice due 11/17/2021 Wed., by Noon BZA Hearing Officer meeting 11/22/2021 Mon. @ 5 / 530 PM, TBD 11/8/21, 11:27 PM iCloud Mail https://www.icloud.com/mail/2/8 My prior email to you provided a PDF weblink to the Hearing Officer Development Standards Variance application, which includes a checklist, instructions, affidavits, etc. Please let me know if you have any additional questions. Thank you, Angie Conn, AICP | Planning Administrator City of Carmel Planning & Zoning Dept. 1 Civic Square, 3rd Flr., Carmel, IN 46032 O: 317-571-2417 | W: carmeldocs.com From: John Rudolph <johnrrudolph@me.com> Sent: Friday, September 24, 2021 6:41 PM To: Conn, Angelina V <Aconn@carmel.in.gov> Cc: Brenda Stewart-Rudolph <bjsr1@icloud.com>; John Rudolph <johnrrudolph@me.com> Subject: Re: Removable lattice on top of a 6 foot fence (10748 Royal Dr) Dear Ms. Conn, Thank you very much. This is very helpful. We are new to all of this. Given the amount of information that appears to be required and the shortness of time, we will not be able to put the application together in time to meet the deadline of September 27 at noon. BOARD INFO PACKET RE: NOTICE OF PUBLIC HEARING BEFORE THE CARMEL BOARD OF ZONING APPEALS Docket No. PZ-2021-00203 V Other Pertinent Information - Attachment 2 View of fence from closest perimeter of Lot No. 008 View of fence from closest perimeter of Lot No. 014 View of fence from closest perimeter of Lot No. 015 View of fence from closest perimeter of Lot No. 002 View of fence from closest perimeter of Lot No. 028.116 BALLOT SHEET: FINDINGS OF FACT, DEVELOPMENT STANDARDS VARIANCE CARMEL ADVISORY BOARD OF ZONING APPEALS (Petitioner only fillsL_ s out F� first 2 blanks) ` Docket No.: T0� L J 0 2-0 -) Petitioner: .J f) I ty W LA Dr-)L P fl 1. 2. 3. DATED THIS DAY OF 120 Board Member Page 10 of 12 Filename: development standards variance application & instructions 2021 Revised 2/25/2021 FINDINGS OF FACT SHEET - DEVELOPMENT STANDARDS VARIANCE CARMEL ADVISORY BOARD OF ZONING APPEALS Docket No.: PZ-2021-00203 V Petitioner: John Rudolph This variance is for an increase in height of one (1) foot by a trellis topper on an existing six (6) foot fence on the border between two roughly 4.8 acre properties and consequently will have no impact on public health, safety, morals. or the general welfare of the community. It will provide enhanced privacy between the petitioner’s property (Lot No. 13) and the adjoining property immediately south (Lot No. 12). The property owner on Lot No. 12 has installed spruce trees along the length of the fence line, which in 10 years will block their view of most of the fence. The house on Lot No. 12 is also on elevated ground in relation to the location of the fence. Given this elevation, the line of sight from the house on Lot No. 12 will be only minimally affected by the additional 1 foot fence topper, and not in a substantially adverse manner. Lot No. 12 is a 4.88 acre lot and the petitioner’s Lot No. 13 is 4.8 Acres. The effect of the additional 1 foot trellis topper on the existing 6 foot fence is minimal. From the perspective of the other properties that adjoin and surround the subject property, the one foot addition will be negligibly noticeable because of the distance (008, 014, 015) or mostly not observable because of the intervening forest (Lots No. 002 and 116). The petitioner is trying to establish as much privacy as possible. Having initially sought an 8 to 10 foot fence, the petitioner ’s current 6 foot fence does not offer as much privacy as the added 1 foot trellis, effectively creating a 7 foot fence, would. Decision It is therefore the decision of the Carmel Board of Zoning Appeals that development standards variance. No. PZ-2021-00203 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___________________________, 20_____. _ _______________________________________________________________________ CHAIRPERSON, Carmel Board of Zoning Appeals ________________________________________________________________________ _ SECRETARY, Carmel Board of Zoning Appeals Conditions of approval of the Board, if any, are listed on the Letter of Grant. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: 1. 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: 2. The strict application of the terms of the Unified Development Ordinance to the property will result in practical difficulties in the use of the property because: 3.