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HomeMy WebLinkAboutDept Report • CARMEL BOARD OF ZONING APPEALS HEARING OFFICER DEPARTMENT REPORT MARCH 26, 2012 12. (V)Valleybrook, Sec. 2,Lot 68—Fence. The applicant seeks the following development standards variance approval: Docket No. 12030001 V Ordinance Chapter 25.02.01: max fence height in front yard. The site is located at 13746 Deer Ridge Place. It is zoned S-1 and not located within any overlay zone. The minimum height for a fence in a front yard is 42 inches and the petitioner is requesting an 8 foot stamped concrete fence. Filed by Vincent and Gina Blanchford,owners. h�, 4 { - �::�».- General Info: The petitioner is requesting to { ;0 - , 4i. replace anI existing 3 %z foot wooden fence with an 8 — - :` ; ` ., & '�, ; foot concrete fence along what functions as their rear ' `r y fit` I 'wh ,, s S yard. The front yard is off of Deer Ridge Place,but ; 10.r i k„h s•, r< r = - their rear and happens to abut Gray Road and per r.�,} � ... s-:r- .� ,,, Y pp Y p -- 'IV the Zoning Ordinance, it is considered a front yard. h ` IAA h ;t` ` w . 061 �; The maximum height fora fence in a front yard is 42 ' k Vale rbroaik ,1 -11T-'•'"ji° ' ` inches (what exists there today). .'� 91 � , , ,' p , &$ ,may ...,,•.- ; i`'" i h 4� 11;, � \t if x"'i VP .' 4: , ) 'It' Analysis: This property fronts on Deer Ridge Place a i r . ,; r;, ,i and also backs up to Gray Road. This creates some 3 `„ r& y ,� pr , issues because the property owners would like to 1; ,9a g¢._ _- r C 1 _ have full enjoyment of their back yard,but the traffic '-'' � # In ` 11';'`� - 1 " � - on Gray Road makes this difficult. Also,the Cannel I r ! r,, 0 11 i :.'- :' Zoning Ordinance classifies this yard as a front yard -f'i ty t` ` k 7,-rs a _', and so prohibits the construction of a taller fence '' ,, v f '� (than exists today)which would help block some of s of k, - 11 > the noise from Gray Rd. and create more privacy for ,,, +- a"n3 * '"'t A the homeowners. The proposed fence will be 4 r : concrete,and will be placed between 2 rows of 1 # :''u . '` f'- d existing trees,which will help soften the effect of a r k' '" - ix* concrete fence. However,the maximum height 3? ,,. r, •f` permitted for a fence in a typical rear yard is 6 feet �� �p ,, _ -r "a 1� °„ and the petitioner is requesting 8 feet. The Department is not comfortable with permitting an 8 foot tall concrete fence,and would like the petitioner to consider reducing the height of the fence to 6 feet. Please see the petitioner's informational packet for more detail on this variance request. Findings of Fact: 1. The approval of these variances will not be injurious to the public health, safety, morals, and general welfare of the community because: the proposed fence will be buffered by a row of trees and will be setback from the view of Gray Road by about 47 feet. 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: there are no houses directly across Gray Road that would be affected by the view of the concrete fence. 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: Gray Road produces noise and light pollution that affect the enjoyment and privacy of the rear yard of the property and the ordinance does not allow a fence that would adequately buffer this. Recommendation: After all comments and concerns have been addressed,the Dept. of Community Services recommends positive consideration of Docket No. 12030001 V, if the height is reduced to 6 feet. 5 \