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CARMEL BOARD OF ZONING APPEALS
HEARING OFFICER: DEPARTMENT REPORT
May 22, 2006
1 d. Brookfield, Sec 2, lot 36 - Estes Property
The applicant seeks the following development standards variance approval:
Docket No. 06040018 V ZO Chapter 25.02.02 fence height
The site is located at 12413 Springbrooke Run and is zoned S-l/Residence.
Filed by Robert & Maureen Estes Jr.
General Info:
The petitioner is seeking a variance for fence
height along the west property in the back
yard, in order to have the fence be taller than
6-ft.
Analysis:
The petitioner's back yard topography slopes
downward, the further south you get from the
house. Also, the neighbor to the west has
done some grading in their back yard, in
order to install a pool. Now, the ground level
ofthe neighbor is higher than the ground
level of the petitioner, causing screening and
privacy issues. Along the rear property line of
the homes situated on the south side of
Springbrooke Run, there is platted common
area and open space.
Findings of Fact:
1.) The approval of this variance will
not be injurious to the public health,
safety, morals, and general welfare of the community because: Since the property slopes away
from the house and since the neighbor's backyard is higher than the petitioner's, the increased
fence height will accomplish its purpose of screening and providing privacy for the petitioner.
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: Since the property slopes away from the
house and since the neighbor's backyard is higher than the petitioner's, the increased fence height
will accomplish its purpose of screening and providing privacy for the petitioner.
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: the 6-ft fence will not be able to
accomplish effective screening or privacy, possibly negatively affecting the petitioner's quality of
life.
Recommendation:
The Dept. of Community Services recommends positive consideration of Docket No. 06040018 V.