HomeMy WebLinkAboutDept ReportCARMEL/CLAY BOARD OF ZONING APPEALS
DEPARTMENT REPORT
April 26, 2004
14h. Woodland Springs, Sec 2, lot 138: King Residence
The applicant seeks approval of the following development standards variance'
Docket No. 04030019 V Ch.25.02.02 residential fence height
The site is located at 11208 Rolling Springs Drive. The site is zoned R-l/Residence and is within the
US 431 Overlay Zone. Filed by Carl King & Deborah Mason King.
General
Information:
The petitioner requests to
approval to have an 11-ft
tall wooden privacy fence
in the rear yard. The
ordinance states that
within a rear yard, the
height of a fence cannot
exceed 6-ft in height.
Background
Information: The
fence currently exists as
11-ft in height, achieved
by stacking one fence
upon the other.
Analysis:
The petitioner has a situation where his backyard abuts US 431/Keystone Ave. The property owner
would like to have privacy and a noise barrier. US 431 is raised, while the property sits lower than the
road. The fence can only be seen well from the highway when all of the foliage has lost its leaves, i.e.
fall and winter. One suggestion would be to plant a green wall of arborvitae or some other tall
growing, columnar bush. Today, one can observe there are an old, bottom, layer to the fence and a
new, top layer to the fence. This difference make the fence appear makeshift. A possible uniform wood
stain or paint may make the fence appear as one unit and not piece-mealed together.
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' The 11-ft tall wooden fence will be injurious
to the community because it is located on a very busy highway where many residents of the
community will have to view it as they drive by. Also many people outside the city will drive
by this property, view the fence, and the end result will be a bad reputation of the city.
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 use and value of the area adjacent to the property may be affected in a substantially adverse
manner by allowing 5-ft variance to have a bi-level fence. The proposed wooden fence is made
up of two horizontal sections of aged wood.
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 strict application of the Zoning Ordinance will not result in practical difficulties in the use
of the property, due to fact that the owner can get backyard privacy by other means.
Recommendation'.
The department recommends negative consideration of Docket No. 04030019 V. The petitioner can
plant a coniferous plant material, such as arborvitae or spruce between the fence and the highway, so
that the bi-layered fence and its height are screened or stain both sections of the wooden fence one
color so that it appears that it was installed at the same time.