HomeMy WebLinkAboutPacket for HO 06-27-22Memorandum
Variance Request for a fence encroaching on the building setback-3803 Cale Court Carmel
I am seeking a variance for the fence height of a powder coated aluminum fence on the side yard, which
is determined to be a second front yard on our corner lot. The fence will be 20' from the sidewalk,
which results in an encroachment of 5'. The request is to allow a 48" fence height, rather than a 421,
height. Cole Ct dead ends at the end of my property.
Statement of Variance Request -Fence at 3803 Cole Ct, Carmel, 46032
My wife and I are requesting a variance to allow a 48" fence that encroaches on the building setback by
approximately 5'.
We want the 48" fence height for securing our Golden Retriever in the back yard, rather than a 42"
fence height. We feel a 48" fence height is reasonable on our Corner Lot since Cole Ct dead ends at the
end of our property.
Statement of Support for Variance Request
Our request is to have a 48" fence height surrounding our backyard. However we own a corner
lot and the north side of the yard although it appears to be a side yard„ is considered a 2"d front
yard. Our fence contractor laid out a design per our request and we found that the fence
encroaches on the 25' building setback by 5'. It can't be off the set back due to a paver patio.
The City of Carmel allows a 42" fence height, but for our Golden Retriever and future
homeowner dogs and kids, we prefer to have a 48" fence height.
You will see on the aerial photo of our lot and the fence layout that it is a pleasing design to the
eye test and is only visible to one of our adjacent property owners and they support to the idea
of a 48" fence.
It's not visible to other property owners.
SURVEYOR. LOCATION REPORT
I hereby certify to the parties named above that the real estate described herein was inspected under my supervision on the date indicated
and that to the best of my knowledge, this report conforms with the requirements contained in Sections 27 through 29 of 965 TAC 1-1-12 for
a SURVEYOR LOCATION REPORT. Unless otherwise noted there is no visible evidence of possession lines found.
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Legend
B.i_ Building Line
D. & U.E. Drainage & Utility Easement
D.U. & S.E. Drainage Utility & Sewer Easement
D.U. & S.S.E. Drainage Utility & Sanitary Sewer Easement
D.E. Drainage Easement
L.E. Landscape Easement
R/W Right —of —Way
Note: Patio extends 2'zL post Building Line.
Cale Court
(30' Pavement)
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HAIIN SURVEYING GROUP, INC.
Land Surveyors
8925 N. Meridian Street, Suite 120
Indianapolis, IN 462-60
PHONE: (317) 846-0840 / (317) 846-4119
FAX: (317) 846-4298 / (317) 582-0662
EMAIL: orders@haYinsu.rveying.com
www.habnsurveying.com
No.
21100002
1
STATE OF
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Scale: 1"=40'
CERTIFIED: 05 /3 0/2 019
Chad L. Brown
Registered Land Surveyor,
Indiana #21100002
Brawn By: JAR
Job No.: 2019051579
Sheet 2 of 2
FINDINGS OF FACT SHEET - DEVELOPMENT STANDARDS VARIANCE
CARMEL ADVISORY BOARD OF ZONING APPEALS
(Petitioner to fill out 9-3 + first two blanks)
Docket No.: PZ-2022 00091 V
Petitioner: Michael and Barbara Weaver
The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the
community because:
This variance request is a simple ask to approve a 48" fence height that has no adverse im act
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 fence hei ht request in no way adversely im acts adjacent Properties
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 approval of a 48" fence height causes no practical difficulties in the use of the ro erty rather it improves the
use of the ro ert
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.
Page 7 of 11 Fife: Page 7 of Hearing Office Document Revised: 01/03/2022