HomeMy WebLinkAboutDept ReportCARMEL/CLAY BOARD OF ZONING APPEALS
HEARING OFFICER: DEPARTMENT REPORT
December 13, 2004
2d. Wood Creek, Sec 1, lot 9
The applicant seeks the following development standards variance:
Docket No. 04090027 V Chapter 25.02.02 Fence height
The site is located at 11535 Creekside Ln E. The site is zoned S-I/Residence. Filed by Jason Plake.
General
Info:
The petitioner
requests
approval to
have a 9-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. But, if the fence is located in the buildable area of a lot,
it can then be 9-ft tall. The buildable area for this lot would be 40-ft in from the property line (there is a
platted 40-ft building setback line along 116th Street).
Analysis:
The fence currently exists as 9-ft in height. The petitioner has a situation where his backyard abuts
116th St. The property owner would like to have privacy and a noise barrier. 116th Street is raised,
while the property sits lower than the road. The fence does not appear to be 9-fi tall, because it sits
lower than the road.
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 9-ft tall wooden fence will not be
injurious to the community; it is located on a very busy road where much road traffic occurs.
The site lies lower than the raised road.
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 not be affected in a substantially
adverse manner by allowing 3-ft variance to have a 9-ft tall fence. The site lies lower than the
raised road.
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 may result in practical difficulties in the use o)
the property, due to fact that the owner may not be able to achieve backyard privacy.
Recommendation:
The Department recommends positive consideration of Docket No. 04090027 V.