HomeMy WebLinkAboutDepartment Report 05-26-2010
CARMEL BOARD OF ZONING APPEALS | HEARING OFFICER
DEPARTMENT REPORT
TUESDAY, MAY 26, 2020
(V) Capstick Residence, Fence Height Variance.
The applicant seeks the following development standards variance approval:
10. Docket No. PZ-2020-00059 V UDO Section 5.09.B Max. 6-ft tall fence allowed, 8’
requested. The site is zoned R1/Residence. It is located at 4408 Abbey Dr. with frontage on Main St.
(Lot 99 in Brookshire North Subdivision). Filed by Michael & Danielle Capstick, owners.
General Info & Analysis:
The Petitioner seeks variance approval to place an 8’ tall privacy fence along their north property line. The lot is
a through lot, which means that it has frontage on both Abbey Dr., as well as Main Street. Technically the lot
has two front yards; however, the house front faces Abbey Dr. to the south, and the backyard fronts on Main
Street to the north. 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 137-ft of frontage along Main Street.)
There is a slight grade change from the house to Main Street. The house sits at an 802 elevation, and the street is
closer to an 804 elevation. The Planning Dept. is supportive of the variance for a 6-ft fence along the north
property line, but not an 8-ft tall fence.
The Petitioner addressed all the planning/zoning review comments, and the Planning Dept. supports this
variance request if the fence is only 6-ft tall, rather than 8-ft.
Additional Info:
Some of the 8-ft tall fences located within close proximity to the subject site are neighborhood perimeter fences
(such as Foster Grove to the north), 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 in the area 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.
11
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.
The Board of Zoning Appeals is not a precedent-setting body; however, listed below are a few fence height
variances that were granted for sites in the immediate area:
The 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.
A similar fence height variance request was granted in 2019, with Docket No. 19090028 V, for the Minaar
Residence Fence located at 3 Ironwood Court. That site is located 0.2 miles west of 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. PZ-2020-00059 V
with the following condition: that only a 6’ tall fence is erected (not 8’).