HomeMy WebLinkAboutDepartment Report 10-28-196
CARMEL BOARD OF ZONING APPEALS – HEARING OFFICER
DEPARTMENT REPORT
OCT. 28, 2019
(V) Minnaar Residence, Fence.
7. The applicant seeks the following development standards variance approval for a fence along Main St.:
Docket No. 19090028 V UDO Section 5.09.B.5 Max. 6’ tall fence allowed when set back
6’, 8’ tall proposed with 0’ setback. The site is located at 3 Ironwood Ct., also with frontage on E.
Main St. (Lot 199 in Cool Creek North Subdivision). It is zoned R1/Residence. Filed by Shannon and
David Minnaar, owners.
General Info & Analysis:
The Petitioner seeks variance approval to place an 8’ tall privacy fence along an area south of their south
property line (please note that the requested area south of their south property line is City Property - street right
of way - and a fence is not permitted in that area). The lot is a through lot, which means that it has frontage on
both Ironwood Ct., as well as Main Street. Technically the lot has two front yards; however, the house front
faces Ironwood Court to the north and the back yard fronts on Main Street to the south. Please see the
Petitioner’s informational packet for more detail on the variance request.
The fence ordinance (UDO section 5.09.B) requires the following:
B. Fences in Front Yards. The following shall apply to all residentially zoned lots or tracts, except those larger
than three acres:
1. Maximum Height: Fences located within any required Front Yard shall not exceed 42” in height, except as
otherwise noted in Sections 5.09(B)(4-6) for fences on corner lots or along certain street classifications.
2. Fence Type: Fences located in Front Yards are not intended for privacy. At least 25% of its area shall be
open to allow visibility through the fence. Such open spaces shall be reasonably dispersed throughout the
fence area, except where solid stone or brick walls are permitted. Examples include wrought iron or picket.
3. Front Setback: Fences and walls may be constructed on the Front Lot Line but shall be set back at least 1-ft
from any sidewalk or multi-use path…
5. Collector, Arterial, Parkway Arterial, or Primary Arterial Streets: In the case of through lots, where the
property line behind a residence abuts a Collector, Arterial, Parkway Arterial, or Primary Arterial street, a
fence may exceed 42” in height, up to 6’ in height, and shall be exempt from the 25% visibility requirement in
Section 5.09(B)(2): Fence Type if set back at least 6’ from the property line, and is accompanied by plantings
equivalent to a Bufferyard A. (Bufferyard A requires 4 shade/evergreen trees and 10 shrubs per 100 lineal
foot increment. This lot has 215-ft of frontage along Main Street. )
There is a grade change from the house to Main Street. The house sits lower than the street (at an 810
elevation), and the street is closer to an 817 elevation (a change of 7 feet). The Planning Dept. is supportive of
the variance for a 6-ft fence on the south property line, but not an 8-ft tall fence located in the area south of the
south property line. (The proposed fence should not encroach onto any street right of way. It appears that one
of the aerial photo exhibits in the Info Packets shows the fence being located off the Petitioner’s property, on
City Property (within the street right of way area).) The Petitioner addressed all planning/zoning review
comments, and the Planning Dept. supports this variance request, with the conditions listed below.
Petitioner’s Findings of Fact:
Please refer to the petitioner’s Findings of Facts included in their info packet.
Recommendation:
The Dept. of Community Services recommends positive consideration of Docket No. 19090028 V, with the
following conditions: that only a 6’ tall fence is erected (not 8’), and that the fence is located on the lot (with a
0’ setback, not on City property).