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Packet for HO 07-25-22
Date: July 25th, 2022 To: Board Of Zoning Appeals Members From: Justin Rice, 1484 Windpump Wau, Carmel, IN I kindly request that you consider approving our variance for Docket No. PZ-2022-00099 V. I’m requesting a variance in fence height from the allowed maximum of 3 ft to install a 4 ft fence on the side of our property. Please find the following documents enclosed in this packet: •Statement of variance request and statement of support. •Location map •Site plan •Fence design contract •Fence plan •Fence example •Builder/HOA approval •Findings of fact sheet Thank you in advance for your consideration in this matter. Justin Rice Statement of Variance Request I am requesting a variance to PUD Ordinance Z-598-14, Section 7.1.C which states that a fence can have a maximum height of 3 ft in a front yard setback. I would like to install a fence 4 ft in height in a portion of the front yard setback that runs along the side of our house as shown in the fence plan in this packet. The plan shows that I would like to fence entirely around our back porch which puts the fence in the front yard setback. Statement of Support Having to lower our fence to 3 ft on the side of our house in the front yard setback would not provide the proper height to keep our dogs in our yard. Additionally, it would not help keep aggressive breeds of dogs out of our yard. One could potentially attack either our dogs or our children who like to play in our yard. ArcGIS WebMap© 2022 Microsoft Corporation © 2022 Maxar ©CNES (2022) DistributionAirbus DS © 2022 TomTomCity Boundary2021 PhotographyRed: RedGreen: GreenBlue: BlueJuly 13, 202200.060.120.03mi00.10.20.05km1:4,800ArcGIS WebApp Builder Page 7 of 11 File: Hearing Officer Development Standards Variance Handout 2022.docx Revised: 01/03/2022 FINDINGS OF FACT SHEET - DEVELOPMENT STANDARDS VARIANCE CARMEL ADVISORY BOARD OF ZONING APPEALS (Petitioner to fill out 1-3 + first two blanks) Docket No.: PZ-2022-00099 V Petitioner: Justin Rice 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: There are no threats to the public health, safety, morals or general welfare by increasing the height of the fence by one foot. The location of the fence will not hinder any views from the roadway. We have already submitted plans and received permission from the HOA to have the fence installed. 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 increase in fence height should have no effect on adjacent properties. The fence will mainly enclose the backyard of the property and only a small portion of the southwest side of our yard. No views will be blocked and no issues will be caused with neighboring 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 subject property is a corner lot and by definition has two front yards, one on each road frontage. Our request is to exceed the allowed fence height of 3 feet for a front yard in order to place a section of 4 feet fencing around our back porch. A three foot tall fence will not keep our pets contained. There are many 4 feet tall fences that have been built on other corner lots within the neighborhood, but because they are alley entry homes, they do not have the same standard. 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.