HomeMy WebLinkAboutDept ReportCARMEL/CLAY BOARD OF ZONING APPEALS
HEARING OFFICER
DEPARTMENT REPORT
November 22, 2004
1 d. Woodacre Park, Lot 1 - Bindner Residence
The applicant seeks the following development standards variance:
Docket No. 04100029 V Chapter 25.02.02 fence height
The site is located at 6 Woodacre Drive and is zoned R-I/Residence. Filed by Mr. & Mrs. Bindner.
General
Info'.
The petitioner
requests
approval to
have a 7-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 20-ft in from the rear property
line, according to the R-1/Residence zoning requirements.
Analysis'.
The property owner would like to have privacy and a visual barrier in order to feel safe and secure. The
fence will be along the rear property line, which will screen the neighbor's side yard/garage area.
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 7-ft tall wooden fence will not be
injurious to the community; it is located along the rear property line.
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 1-ft variance to have a 7-ft tall fence. The fence will benefit the
adjoining property also.
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 of
the property, due to fact that the owner may not be able to achieve adequate backyard privacy.
Recommendation:
The department recommends positive consideration of Docket No. 04100029 V.