HomeMy WebLinkAboutPacket 04-27-09Uptown Partners, LLC
Fence Commitment Amendment
Docket No. 09020004 CA
City of Carmel
BZA Hearing 6:OOpm -April 27, 2009
Applicant: Guilford Commons, LLC
Justin Moffett, 317-966-2023 or iustinmoffett@aol.com
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TABLE OF CONTENTS
1. Explanation
2. Aerial photograph of general area with site outlined
3. Site plan
4. Photograph of proposed fence product
5. Proposed Findings of Fact for Fence Commitment Amendment
Explanation of Fence Commitment Amendment
Uptown Partners, LLC ("Uptown"), in partnership with Highline Construction, LLC, is in the
processing of developing the parcel in question at 531 5. Guilford Road in Carmel. The project
is named The Cottages at Carmel and is being developed as azero-maintenance community of
40 main level living condominiums.
Uptown received several development standards variances from the BZA for this site in
September of 2007. During the process of receiving the variances Uptown was asked to
commit to building the proposed privacy fence along the east property line according to the
"new Carmel standard" which was suggested to be one brick column every twenty-four feet
(24) with either wood or vinyl fence in-between. At the time Uptown committed to meeting
that standard.
Now that the development has been started we have found a fence product that we believe to
be superior in quality and appearance to wood or vinyl and would like to use this product.
However, the design of the product isn't conducive to brick columns every twenty-four feet.
The product is agranite-looking precast fence panel made out of sunlight stabilized
polyethylene and is manufactured by Simtek Fence (www.simtekfence.com). This product is
designed to be installed with a special column made to support the panels.
We encourage BZA members to view the video of this products durability at the Simtek Fence
website.
We believe this product will be much more attractive as a privacy fence for our home buyers
and the neighbors adjoining the property. Additionally, this product is designed to have a much
greater life span and should look better in years to come whereas wood or vinyl fencing shows
its age quickly.
In consideration of the benefits defined above we request the following Fence Commitment
Amendment:
Docket No. 09020004 CA Amend recorded commitment To permit fence design modification
We look forward to presenting this matter to the Board of Zoning Appeals at its April 27, 2009
hearing.
Brower/Tacques Design, Inc.
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CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.: 09020004 CA Amend recorded commitment To permit fence design modification
Petitioner: Guilford Commons, LLC
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:
A privacy fence had previously been proposed and approved for this location. The
developer is simply installing a fence that is superior in quality.
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:
The proposed fence system has a superior appearance and material quality than the
alternatives of either wood or vinyl fencing. The developer is installing this product at
greater personal expense in order to insure long term value for home buyers and
adjacent property owners.
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 present commitment to install one brick column every twenty-four feet would
prohibit the developer from using this product that is of superior quality to either wood or
vinyl fencing.
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development
Standards Variance Docket No. 09020004 CA 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 27th day of April, 2009.
CHAIRPERSON, Carmel/Clay Board of Zoning Appeals
SECRETARY, Carmel/Clay Board of Zoning Appeals
Conditions of the Board are listed on the back. (Petitioner or his representative to sign).