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Docket No.:
Petitioner:
CARMEL/CLAY ADVISORY BOARD' OF ZONING APPEALS
CARMEL, INDIANA
!.
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:
_ The 8' height section of fence'does not pose a threat of injury or safety to others. The
fence is made of cedar and has no signs of rust, protruding nails or pointed objects that
-could cause a risk of injury to others.
,
,
The use and value of the area adjacent to the property included in the variance will not be affected in a
substantially adv_eme manner because:
The 8' height section of fence approximately 55' in length is adjacent to a rental property
· more commonly known as 10171 Orchard Park Drive West. This rental property has a
higher elevation than where the 8' fence is situated. Furthermore, petitioners installed
'this section of fence in August of 2002 and has not received any complaints or concerns
'about. use, value or safety concerns of the area from this rental property homeowner nor
'directly received any such concerns from any other adjacent homeowner.' --
The strict application of the terms of the Zoning Ordinance to the property will re_suit in practiCal difficulties in th~._~_
Use of the property Petitioners question how the use and value of their land may be adversely affected if the
8' height section of fence is replaced with a 6' height section of fence pursuant to
Ordinance 25.02.02 because the adjacent rental property has been an ongoing concern to
petitioners' and adjacent neighbors' property values and safety concerns i.e. rusted met,ag
barn that was just recently removed after several years of complaints,-numerous police
calls/hms to property due to drags and other matters, past and recent complaints to
Orchard Park Homeowners' Association of trash and debris at premises. DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning AppealS that Development Standards Variance
Docket No. is granted, subject to any conditions stated in the minutes of this'
Board, which are incorporated herein by reference and made a part hereof.
CHAIRPER~ON,-CarmeitClary't~0ard 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).
Page 8 of 8- z:Lshared~forrns~BZA applications~ Developrnenl Standards Variance Application rev. 03/01/05
Docket No.:
PetitiOner:
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
Carmel, Indiana
,FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet)
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DATED THIS
DAY' OF
Page 7 of 8 - z:~shared~forrns~BZA applications\ Development Standards Vadance Application rev. 03/01/05