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HomeMy WebLinkAboutDepartment Report 10-28-1913 CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT OCT. 28, 2019 (V) Ashton Subdivision Perimeter Fence. (Transferred from Hearing Officer agenda) The applicant seeks the following development standards variance to replace an existing fence: 8. Docket No. 19090018 V UDO Section 5.09.B Max. 6’ tall fence with 6’ setback & plantings required, 8’ tall vinyl fence with 0’ setbacks requested. The site is located at approximately 14589 Chelsea Ct., at the southwest quadrant of 146th St. and Hazel Dell Pkwy. It is zoned S1/Residence. Filed by Dana Stout, Community Manager, on behalf of Ashton Homeowners Association. General Info & Analysis: The Petitioner seeks variance approval replace an existing 8-ft tall wooden perimeter neighborhood fence with a vinyl one, in the exact same location. The neighborhood was developed in the early 1990s. The variances sought relate to height, location, material, plantings, and percent visibility. No landscaping will be added or deleted as part of this petition, except volunteer brush trees will be removed to give clearance to the fence. Please see the Petitioner’s informational packet for more detail on the variance request. Today’s fence ordinance (UDO section 5.09.B) requires the following for a subdivision perimeter fence/wall: Subsection 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 feet 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.) Subsection 7. Subdivision Fences and Walls: No primarily wooden fences, or walls, shall be constructed within any required front yard adjacent to any Collector, Arterial, Parkway Arterial, Primary Arterial, or Primary Parkway street (See also Article 7, Section 7.11: Residential Entryway Feature, Article 7, Section 7.12: Non- Residential Entryway Feature Standards, and Article 7, Section 7.23: Perimeter Landscaping Standards). Also, the following is listed within the Perimeter Landscaping Standards (UDO section 7.23.F): Section 7.23.F.6. Fences, Walls and Mounds: Fences, walls and mounds may be integrated into the required perimeter landscape if the following conditions are met: a. Perimeter walls shall be constructed of high quality masonry or stone and be at least 36” in height, but not over 98” in height, or 1’ in height per 2’ in separation from the right-of-way. These height restrictions shall be reduced by the height of any mound they are placed upon. b. Perimeter fences shall be constructed of wood, composite wood, or metal; and be at least 36” in height but not over 72” in height. These height restrictions shall be reduced by the height of any mound they’re placed on. c. Mounds may be combined with plantings and fencing. If used, mounds shall be a maximum of 6’ in height with a side slope not to exceed a 4:1 ratio. Undulating mounds are permitted, but continuous mounds shall not be permitted (i.e. levee-like mounds). d. Perimeter walls or fences shall be at least 20’ from the proposed right-of-way and at least 30% of the required trees and shrubs shall be planted between the proposed right-of-way line and the wall or fence, softening the view of the wall or fence. Shrubs shall not be planted less than 5 feet from the wall or fence face. The Planning Dept. supports this variance request; this is replacement of an existing fence. 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. 19080018 V, with the condition of Consent to Encroach approval from the BPW, since the new neighborhood perimeter fence will encroach into an existing 40-ft wide drainage utility and landscape easement.