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HomeMy WebLinkAboutFindings of FactCARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.' Petitioner: 04030019 V Carl J. and Deborah Mason Kin FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) . DATED THIS 26t._~h DAY OF APRI~L, 2004. CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.' Petitioner: 04030019 V Carl J. and Deborah Mason Kin FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) , , DATED THIS 26t____~_h DAY OF APRI. _ L, 2004. CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: Petitioner: .04030019_____~V Carl J. and Deborah Mason Kin FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) DATED THIS 26t_._~h DAY OF APRIL, 2004. Bo/d Member CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.' Petitioner: 04030019 V Carl J. and Deborah Mason King FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) , . DATED THIS 26th DAY OF APRIL, 2004. Docket No.' Petitioner: CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA 04030019 V Carl J. and Deborah Mason Kin FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) DATED THIS 26t__.~..h DAY OF APRI_____~L, 2004. , ,. ,. -,: CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No. 04030019 V Petitioner: Carl J. and Deborah Mason King FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE , ,, , , , , ,, , The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because' a) the fence does not obstruct a throughway; b) the fence is sited 9' inside the property line to ensure safety to both sides of the fence; c) the adjacent property to the West side of the fence is U.S. Highway 431; d) property owner left 69 bushes and trees between the fence and property line, for highway aesthetics and environmental value, e) the fence does not exceed 6' in heiqht to adjacent highway. . 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' trees and shrubs were left in tact. The material matches the maiority of fences alon.q the residential area within the U.S. Hwy 431 corridor. , 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: a) Adiacent U.S. Hwy 431 has been expanded from its original two lanes, when the house was built, to four lanes and has been approved to expand to six lanes. The property sits lower than the highway and is located .5 miles from stop li.~hts at either end of that section of US Hwy 431. To adhere to a 6' fence will not allow intrusion from or to the adjacent property; i.e. ball activity in the yard could easily cross a 6' fence and enter the highway unexpectedly, with traffic going the regulated 50 mph. Additionally, since there is no .quardrail, cars can easily penetrate the yard. b.) With the growth of Carmel and Westfield, US Hwy 431 has increased truck, car, and motorcycle traffic. A 6' fence, sited lower than the highway, is not a deterrent to the noise level, safety issues due to the expansion of the highway, and would not diminish the highway's contribution to the depreciation of property value nor the diminished quality of life. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. 04030019 .V 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 ~~ dayof ~ ,2004. Board of CHAIRPE~,SON, Carmel/Clay - Zo~n~tAppeals ~'""'"~' - - ~'"--~ SECRETARY, Carmel/Clay Board of Zoning Appeals or his Conditions of the Board are listed on the back. (Petitioner j.~epresentative to sign).