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CARMEL BOARD OF ZONING APPEALS
HEARING OFFICER: DEPART.MENT REPORT
November 26, 2007
1 D. Bannon Chickens
The applicant seeks the tollowing development standards variance approval:
Docket No. 07090005 V Section 3.07 Definitions Farm animals kept on 0.44 acre
The site is located at 225 John Street and is zoned Rl/Residential.
Filed by Martina Bannon, owner.
General Info : The petitioner is requesting the grant of
a variance to pem1it maintaining a chicken coop and
three chickens on 0.44 acre in a residential subdivision.
No roosters are kept on the premises. The property is
abutted to the north, south, and west by residences, and
to the east by Clay Terrace.
Analysis: Section 3.07 of the Zoning Ordinance
defines a farm as a tract ofland measuring at least five
acres, and Section 6.93 ofthc Cam1el City Code indicates
that it shall be unlawful for cows, swine, chickens,
horses, goats, sheep, or ducks to be maintained within
City limits on less than 3 acres, except in an Agricultural district. However, the propeliy is zoned R 1,
which permits agricultural uses, although it is not an agricultural district. The Zoning Ordinance further
defines fann animals as those which are customalily raised for profit on a fann. The petitioner has
indicated that the three chickens arc maintained for eggs for ti'iends and family, and as pets. According
to the Centers for Disease Control, a chicken coop provides approximately the same decibel level as
conversational voices: 60-70 decibels. Given the proximity of the parking lot for Clay Terrace and 1461h
Street, the chicken coop is unlikely to have a negative impact on adjoining properties with regards to
noise. Clean, well-maintained chicken coops are unlikely to have a negative impact with regards to dust
and odor on surrounding properties. While thc proposed use is considered agricultural in nature, it would
have far less impact than a typical aglicultural use.
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Findings of Fact: Chickens
1.) The approval of this variance will not be injurious to the public health, safety, morals, and
general welfare of the community because: the chickens and coop, if well-maintained, would
not generate any more noise or odor than any other typical suburban residential use.
2.) The use and value of the area adjacent to the propcrt)' included in the variance will be not
affected in a substantially adverse manner because: the chickens and coop, if well-maintained,
would not generate any more noise or odor than any other typical suburban residential use.
3.) The strict application of the terms of the Zoning Ordinance to the property will result in a
hardship in the use of the property because: the chickens would have to be relocated.
Recommendation:
The Oept. of Community Services recommends positive consideration of Docket No. 07090005 V.
SCANi\H=r
CARMEL BOARD OF ZONING APPEALS
HEARING OFFICER: DEPARTMENT REPORT
October 22,2007
11. Bannon Chickens
The applicant seeks the following development standards variance approval:
Docket No. 07090005 V Section 3.07 Definitions Farm animals kept on 0.44 acre
The site is located at 225 John Street and is zoned RIIResidential.
Filed by Martina Bannon, owner.
This petition has been tabled until the November 26 hearing