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HomeMy WebLinkAboutPacketCARMEL/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. Board Member CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No. 04030019 V Petitioner: Carl J. and Deborah Mason Kin_~ 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 height 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 majority of fences along 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) Adjacent U.S. Hwy 431 has been expanded from its ori_~inal 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 lights 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 hiqhway, 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 day of ,2004. 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). STATEMENT OF VARIANCE 11208 Rolling Springs Drive, Carmel, IN Nature of Violation' Fence in rear year exceeds permitted height of six (6) feet Ordinance Section Violated' Carmel/Clay Zoning Ordinance, Section 25.02.02 Fences 25.02.02 Residential fences located within any required side or rear yard shall not exceed six (6) feet in height, as measured from the topmost point thereof to the ground adjacent to the fence. REQUESTED VARIANCE: Respectfully request the Ordinance recognize the "topmost point thereof" as the top of the fence while the "ground adjacent to the fence" be recognized as the adjacent U.S. Highway 431. STATEMENT OF SUPPORT 11208 Rollin~ Springs Drive, Carmel, IN 46033 The property is located .5 miles from the traffic lights at 106th and 116th and U.S. Hwy 431. The speed limit is 50 mph. There is no guardrail behind the property. The highway has been expanded from two lanes, when the house was built, to its current four-lanes. Business development at 116th, the adjacent highway's connection to U.S. Hwy 31, and development at 146th have contributed to the increased traffic flow to a level that the State has approved adjacent U.S. Hwy 431 expansion to six-lanes. Add!tionally, the State has recognized U.S. Hwy 431 as a potential alternative to U.S. Hwy 31 during expansion of U.S. 31. Traffic includes automobiles, motorcycles, and large semi trucks. The request for a variance is due to: · Noise level · Safety issues · Site issues · Environmental concerns · Quality of life · Property value With the development of U.S. Hwy 431, at the point adjacent to the property, a 75" ditch next to the shoulder of the highway was enhanced, making the water run-off drainage inadequate, and impacting the options available to address the concerns above. Installation of a fence, not to exceed six (6) feet above the adjacent highway, is not excessive. Although it will not totally remedy the concerns, it should provide some sense of safety and a slight reduction of noise level from the large trucks, as well as deter the impact of the highway traffic, road dirt produced, and reduction, and neighborhood ramifications, of property value. A fence of a lesser height will neither eliminate the highway environmental issues, safety nor sound, and would continue to impact property value. The height of the fence will provide some safety from "incoming objects" on both sides of the fence. Environmental concerns include the constant flooding of the yard to the North of the property due to inadequate drainage and road dirt produced from the highway due to increased traffic. By not exceeding six (6) feet above the adjacent highway, fence breakage from high winds is reduced and the site is able to maintain a consistency with the intent of the original ordinance, should the site have been more level. We would appreciate approval of the variance of the ordinance, as requested. MapQuest: Maps: print Page I of I I~ Sen____dd To Printe._r Back to_k~_o_~ 11208 Rolling Springs Dr Carmel ]:N 46033-3632 US Notes: E 1 lOth St '"" .... I I-lamil~n Ln 02004 Ma~u®~t.oorn, lng.-o2oo4 Naviclafion A_l! rights reserved, use~Sub~to Li__cense/Copyright I ~ Legend l eed InK? Buy printer cartridges' Save up to 7596 Free UPS 2-day shipping Buy Now! www.InkSell.com ct// Ct This map is informational only, No representation is made or warranty given as to its content. User assumes all risk of use. MapQuest and its suppliers assume no responsibility for any loss or delay resulting from such use. Privacy_~PPolicy & Legal N_otice~s © 2004 IVlapQuest.com, ]:nc. All rights reserved. http://www.mapquest.com/maPs/print.adp?mapdata=xdlKKnKES%252f5800VdpslrUrUxqe''' 3/18/2004 Cedar Fence 10' 39'- 5" 84'- 9" 94' Landscaped back Yard Cedar Fence Cedar Fence 9' (69 Trees & Bushes) 12'4" Wire Fence (Property Line) 40' Drainage ditch Ceda FenceI 11208 Rolling Springs Drive, Carmel Wire Fence (Property Line) ! (69 Trees & Bushes) Wire Fence (Property Line) Drainage ditch 12' 4" Cedar Fence 11208 Rolling Sp I~'' 9' w~.~Fence 40' ' v Drive ' (Prope~'~ Line) I Road Shoulder KEYSTONE AVE. , , 5" i ; ; ; 42"! ' Back View from Keystone Avenue Original Fence (brown) Treated lumber cedar Posts = 6"X 6"X 10' set 30" in concrete, set on 8' centers Backrails = 2"X 4"X 8' Treated Lumber Pickets = 6"X 1-1/2" X 8' Cedar (nailed) Front View Fence Addition 6' H X 8'W 4" Treated Dog-eared fence panel Panel "rests" on 2"X 4" treated block (4"deck screws) 2"X 4" treated block (4"deck screws into posts) 3" 7" x connector plate connects bottom two backrails with 4" deck screws into posts. 1" treated screw for the top bacterial Overall Height 134" Fence addition rises 38" above existing fence · 2. 3. 4. wall - cost prohibitive, appearance issue, drainage issue berm - drainage issues, elimination of ground cover one level fence - safety issues, appearance issues two level fence - appearance issue ii Objective: Create a sound and safety barrier without disrupting natural conservation issues or increaslng dralnage i~sues, in a tormat consl, tent with material prevlousl¥ utilized in the IlS Hwy 431 corridor. Inadequate drainage mandated a structure that would not restrict water flow from the drainage from the North to the Southeast, thus eliminating the brick wall and berm. Strength of single, full-height fence was questionable--for early Spring winds. Also questioned impact on trees; i.e. broken trees due to full fence breakage and highway obstacles. Two level fence provided additional strength for high winds, small portion for possible breakage, and appearance is diminished due to 69 trees and bushes. Passing trucks Inside the backyard looking West Inside the backyard looking West Passing cars With approval, neighbor to South has indicated they want to match the fence height thereby eliminating the "stand-alone" appearance. Across US Hwy 431, looking East Stands less than 6' above US 431 Looking Southwest to US Hwy 431, from backyard. ~ Hwy readily visable with fence height of 6' based on yard vs. adjacent highway.