HomeMy WebLinkAboutFindings of Fact
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CARMEUCLA Y ADVISORY BOARD OF ZONING APPEALS
Carmel, Indiana
Petitioner:
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Docket No.:
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet)
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DATED THIS
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Board Member
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Docket No.:
CARMEUCLA Y ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
000400 /'K V
R ober-/- ~ Clnd (Y]qUreefl L Es+e s Jr.
Petitioner:
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE
1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the
community because:
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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:
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3. The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the
use of the property because:
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DECISION
IT IS THEREFORE the decision of the Carmel/Clay 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 it- day o~ - ~
CHAIRPERSON, CannellClay oard of Zoning ApA
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SECRETARY, Carmel/Clay Board of Zoning Appeals
Conditions of the Board are listed on the back. (Petitioner or his representative to sign).
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Findings of Fact - Development of Standards Variance
1. The approval of this variance will not be injurious to the public health,
safety, morals and general welfare of the community because the fence does
not harm or cause injury in any way. The fence will provide for more public
safety by providing additional separation from the adjacent property owner's
pool area. The fence will be gated on the west side.
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. The use of
the area of any adjacent homeowners will not change. The value will not be
affected because the plan as described will give the appearances of a six-foot
fence to the homeowners immediately living west of our property. The
appearance to any other homeowner's will be that of a side yard fence.
3. The strict application of the terms of the Zoning Ordinance to the
property will result in practical difficulties in the use of the property because
of quality of life concerns. Prior to the adjacent homeowners building a
pool, raised patio and retaining wall with fence, our backyard was a
peaceful, private and quiet retreat enjoyed on a regular basis by our family.
While we appreciate the right of other homeowners to enjoy their backyard,
the addition of their pool close to the property line with a raised patio,
retaining wall and fence has made it necessary for us to install a fence. The
fence will provide the necessary privacy for safety, vision and sound. The
application of the Zoning Ordinance would not allow the additional fence
height needed. The height is needed due to the raised patio, retaining wall
and fence constructed by our neighbors. Otherwise, a six-foot fence with
gate built on the existing land would have our neighbors looking over our
fence into our backyard and into our interior living space.