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HomeMy WebLinkAboutFindings of Fact 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-2022-00108 V Petitioner: James A. Trachtman 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The approval of this variance will not be injurious to the public health, safety, morals or general welfare of the community because it is a simple fence replacement, replacing the existing cedar, shadowbox fence, 96 inches in height, with the same. In fact, it will be an aesthetic improvement to the area. 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: Because it does not change existing conditions. There has been a 96 inch tall cedar, shadowbox fence in this location for well over 30 years and this variance will simply allow for the same. The fence obstructs no views beyond those directly into the backyard at 12 Ironwood Court. 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: 12 Ironwood Court sits well below E. Main Street as the street has a significant vertical curve of app. 8 ft. immediately to the south of 12 Ironwood Ct. Main Street has become a very busy street over the years and the road noise is significant. Installing the prescribed 72 inch tall fence will provide very little privacy with driver and pedestrian sightline being directly into the home and backyard. As is, use the backyard continues to be made more challenging by increased traffic, so to be compelled to reduce the height of the existing fence would make use of the backyard and patio more unappealing and reduce our quality of life. DECISION IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No. 1Z'1.0 22- d41 06 V is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof.Q Adopted this l— day of r` 0S+. , 20 e . H RING OFFICER, Carmel Board of Zoning Appeals 7)41d SECRETLY, Carmel Board of Zoning Appeals Conditions of approval of the Board, if any, are listed on the Letter of Grant.