HomeMy WebLinkAboutPacket for HO 11-22-21The reason for the installation of the fence is to contain a dog that can jump higher than 42”. Therefore,
this proposal includes fence height of 60” on the side yard, parallel to Warbler Way, which is considered
the front yard as related to fences. At that height, the fence will be less than the 72” maximum for
residential fences in rear and side yards. It will match the height of the portion of our neighbors’ fence
that also runs parallel to Warbler Way.
Although the proposed fence will be taller than usual on the side of the property, it is of ornamental iron
and not meant for privacy. Therefore, it will meet the requirement of a “Front Yard” fence” by having at
least 25% of the fence open. The proposed fence location is well clear of the 20’ Drainage and Utility
Easement on the Eastern side of the property and does not extend forward of the back corner of the
residence. It is also outside of the Drainage Easement on the Western Side of the property, so it will not
require a “Consent to Encroach” from Carmel’s Engineering Department. For these reasons we will
request a variance from the City of Carmel if required, and expect to receive the same if approval is
granted by the HOA.
14223 Avian Way
14223 Avian Way
FINDINGS OF FACT SHEET - DEVELOPMENT STANDARDS VARIANCE
CARMEL ADVISORY BOARD OF ZONING APPEALS
(Petitioner to fill out 1 - 3, plus first two blanks)
Docket No.: PZ-2021- 00182 V
Petitioner: Darvl Buck
1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of
the community because:
Varience will allow installation of a commonly used residential fence with
open spacing sufficient to avoid being considered privacy fencing.
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 nrnnncPd fence is a cnmmnnly n.ced fence that will match the lnnk
and height of adiacent fe
3. The strict application of the terms of the Unified Development to the property will result in practical difficulties
in the use of the property because:
The fence is uninu to he installed to cnecificnlly cnntnin a dnu that
can jump over a fence of the maximum height of 42". A fence heir of 60"
would suffice to keep the dog withing the fenced area.
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 20
HEARING OFFICER, 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.