HomeMy WebLinkAboutDepartment ReportCARMEL/CLAY BOARD OF ZONING APPEALS
HEARING OFFICER
DEPARTMENT REPORT
June 28, 2004
Brighton Woods, Sec 1 & 2, lots 5-14 and 21-27
The applicant seeks the following development standards variances:
Docket No. 04050049 V-a through 04050049 V-q Chapter 25.02.02 Fence Height
The site is located northeast of 116th Street and Hazel Dell Pkwy. The site is zoned S-I/Residence-
Low Density. Filed by Mark Monroe of Drewry Simmons Pitts &Vomehra for Roehling Enterprises.
General Information:
The applicant is seeks a variance for backyard fence height for 17 residential lots. The ordinance
requires a backyard fence height of equal to or less than 6 feet tall. The applicant has erected an 8-ft
tall fence that runs along the back of the residential lots. The variance sought is for 2 feet offence
height. The fence currently exists.
Analysis:
The residents of Brighton Woods would like to have an 8-ft tall fence, instead of the required 6-ff tall
fence, for greater privacy. The additional fence height of 2 feet will be beneficial to homeowners on
both sides of the fence. The fence design actually has a lattice-type structure near the top, so as to not
be to imposing with its height.
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 8-ft tall wooden fence will not be injurious to the community because it is located between
2 subdivisions, where the lots back up to each other.
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 will not be affected in a substantially
adverse manner by allowing 2-fr variance to have an 8-ft tall fence. The proposed wooden
fence will be uniform in design and run the length of 17 residential lots.
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 strict application of the Zoning Ordinance will result in practical difficulties in the use of
the property, duc to fact that the owner will have less backyard privacy.
Recommendation:
The staff recommends positive consideration of Docket Nos. 04050049 V-a through 04050049 V-q.