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CARMEL BOARD OF ZONING APPEALS
HEARING OFFICER DEPARTMENT REPORT
October 27, 2008
2d. Shepherd Fence
The applicant seeks the following development standards variance approval:
Docket No. 08090028 V Ch.25.02.02 Fence height in residential front yards
The site is located at 10577 Jumper Lane and is zoned S I/Single-Family Residential.
Filed by Cap Boso for Dave & Sally Shepherd, owners.
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General Info: The petitioner is requesting to construct a blick-and wrought-
iron fence around the north and west edges of the site. The fence would be
approximately 7 feet tall, and would have an access gate on Jumper Lanc.
Analysis: The fcncc would be constructed in an area with several existing tall
fences. The majority of these existing fences enclose subdivisions and are
generally tallcr than fences around individual properties. Surrounding fences
are also built out of similar materials. Since the subject site is a comer lot with
two front yards and two side yards, and fences within front yards are permitted
to be no more than 42 inches in height, a variance is requested. The proposed
fence, while taller than pennittcd, would be in keeping with the surrounding
area and existing fences. It would also be set back from the intersection of
I06lh Street and Jumper Lane, and would not impede traffic or visibility. The
overall impact to the surrounding area is likely to be minimal.
Findings of Fact: Fence height
1. The approval of this variance will not be injurious to the puhlic
health, safety, morals, and general welfare of the community because: the fence would be similar to
others in the area, and would not impede traffic or visibility.
2. The use and value of the area adjacent to the property included in the variance will not be affected in
a suhstantially adverse manner because: the fence would be similar to others in the area, and would not
impede traffic or visibility.
3. The strict application of the terms of the Zoning Ordinance to the proper!)' will result in practical
difficulties in the use of the property because: the site has two front yards, and is located on a relatively
busy thoroughfare. A fence built to the permitted height would not provide adequate security or privacy.
Recommendation:
The Dept. of Community Services recommends positive consideration of Docket No. 08090028 V after all
concerns have been addressed.