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HomeMy WebLinkAboutDepartment Report 11-12-191 CARMEL BOARD OF ZONING APPEALS – HEARING OFFICER DEPARTMENT REPORT NOV. 12, 2019 (V) Minnaar Residence, Fence. 1. 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. *Additional info is in blue text. 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 7 feet lower than the street (at an 810 elevation), and the street is closer to an 817 elevation. 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 in the Recommendation. Additional Info: A 2014 aerial photo of the site (attached) shows that a sidewalk existed in the area along the south side of the subject lot, running through the trees, before the sidewalk was upgraded to a path. The 2015 aerial photo (attached) shows the start of the path construction project (which replaced the sidewalk) and also shows that several trees were kept and preserved. The attached current 2019 aerial photo shows current conditions. Many of the 8-ft tall fences located within close proximity to the subject site are neighborhood perimeter fences 2 (such as Foster Grove to the east), which enclose several properties related to one subdivision development so that there is an overall cohesive look and not a ‘hodge podge’ look. (The look of various disjointed fences of different heights and patterns is not the look the City promotes in this corridor.) A lot of the existing fences on individual lots are grandfathered, and if maintained they can remain at 8-ft tall. However, if someone wants to erect a new fence, they would have to comply with today’s fence ordinance regulations, or seek BZA variance approval for height, proving that they have a hardship or practical difficulty. The questioned fence located on an individual lot located at the southwest quadrant of 131st/Gray received BZA variance approval for height. This was mostly due to the construction of the new roundabout at that intersection and the anticipated head lights from cars, amongst other factors (please see Docket No. 17120005 V for 13081 Wembly Cir. Fence Height). The fence was installed as part of that City project. It is important to note that Main Street is still a 2 lane street. While traffic counts might be increasing going east-west, there are no headlights shining into the subject site. 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). 2014 aerial photo 3 2015 aerial photo 2019 aerial photo 4 view from Main St.