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HomeMy WebLinkAboutDept ReportCARMEL BOARD OF ZONING APPEALS HEARING OFFICER: DEPARTMENT REPORT Sept. 26, 2005 4d. Orchard Park, Lot 174 - Strong Residence The applicant seeks the following development standards variance: Docket No. 05080028 V ZO Chapter 25.02.02 fence height The site is located at 10208 Niman Ct. and is zoned S-2/Residence. Filed by Dallas & Lori Strong. General Info: The petitioner is seeking variance approval to have an 8-ft tall fence in the back yard. The Ordinance states that a fence can be 6-ft tall of less when situated in the back yard along the property line. Analysis-. The 8-ft tall fence does not mn the length of the back yard. Most of the fence is 6-ft in height. There is a 55-ft stretch of the rear lot line where the 6-ft fence tapers up to 8-ft tall. 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; it is located along the rear property line. The variance request is for 2-ft of height. 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 2-f~ variance to have a 7-ft tall fence. The fence will benefit the adjoining property also, in regards to privacy. The variance request is for 2-ft of height. 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, possibly affecting quality of life. Recommendation'. The department recommends positive consideration of Docket No. 05080028 V.