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Home My WebLink AboutDept Report 03-25-20241 of 12 CARMEL BOARD OF ZONING APPEALS HEARING OFFICER DEPARTMENT REPORT MONDAY, MARCH 25, 2024 (V) Ackelmire Patio Wall Height Variance. The applicant seeks the following development standards variance approval: 1. Docket No. PZ-2023-00294 V UDO Section 5.09 (Fence and Wall Standards) Maximum 42- inch fence/wall allowed in the front yard, 44- to 66-inch tall patio wall requested. (Also, minimum 25% visibility required, 0% visibility requested.) The site is located at 1502 Mairn Ave. (Clay Corner Subdivision, Lot 52). It is zoned Clay Corner PUD/ Planned Unit Development (Ordinance Z-621-16). Filed by Cynthia Lynn Ackelmire (Cindy), owner. General Info: • The Petitioner seeks approval for a proposed open air patio (with brick wall surround). • A variance is requested for patio wall height and opacity. • The site is a Corner Lot with two street frontages, hence two front yards. • The site is located in Clay Corner Subdivision; and HOA (Homeowners Association) approval has been granted. • Surrounding this site are single family residential homes and common area with trees. • Please see the Petitioner’s info packet for more detail on the variance request. Variance Requested: Wall Height - • The UDO requires that a maximum 42-inch fence/wall is allowed in the front yard, and a 44- to 66-inch tall patio wall is requested. (Also, a minimum 25% visibility is required, and 0% visibility is requested.) • There is a slight slope, so the house and patio sit higher off the ground than the sidewalk and street. • The patio side of the house will face a street and common area. • The brick matches the color of the brick used on the house base, so it has a cohesive look and looks like a seamless extension. • Per the PUD Ordinance, porches, stoops, porticos, etc. can encroach up to three feet into front yard setbacks. Review Comments: • The Petitioner addressed all planning/zoning review comments. Final Comments: • The Planning Dept. supports the variance request. Findings of Fact: • Please refer to the Petitioner’s Findings of Facts included in their BZA Info Packet. Recommendation: • The Dept. of Community Services (DOCS) recommends positive consideration of this variance request, and with adoption of the Findings of Fact submitted by the Petitioner.