HomeMy WebLinkAboutDepartment Report 09-28-207 of 15
CARMEL BOARD OF ZONING APPEALS | HEARING OFFICER
DEPARTMENT REPORT
MONDAY, SEPT. 28, 2020
(V) Rastede Fence Variance.
The applicant seeks the following development standards variance approval:
7. Docket No. PZ-2020-00146 V UDO Section 5.09.B Max. 6’ tall fence with 6’ setback &
plantings required, 8’ tall privacy fence with 0’ setbacks requested along Gray Rd. The site is located
at 13067 Wembly Circle (Brookshire North Subdivision Lot 119). It is zoned R1/Residence. Filed by Anna
Zeunik and Frederick Rastede, owners.
General Info & Analysis:
The Petitioner has a through lot, with street frontages on Wembly Circle and on Gray Road. A through lot is
considered to have two front yards. The Petitioner seeks variance approval to place an 8-ft tall privacy fence
along their Gray Rd. frontage. Gray Road is considered a Parkway Collector street. In this situation, fences in
the front yard can be up to 6-ft tall, if they are setback at least 6-ft from the property line (street right of way)
and accompanied by landscaping plantings as required in Bufferyard A. This is a variance of 2-ft in fence
height, and 6-ft in fence setback. Please see the Petitioner’s informational packet for more detail on the
variance request.
The fence ordinance (UDO section 5.09.B.5 ) requires the following for fences in front yards:
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 forty-two (42) inches in height, up to six (6) feet in height, and shall be exempt from the
twenty-five percent (25%) visibility requirement in Section 5.09(B)(2): Fence Type if set back at least six (6)
feet from the property line, and is accompanied by plantings equivalent to a Bufferyard A. (The requirement
for Bufferyard A plantings is 4 shade or evergreen trees per 100 feet.)
Nearby, variance approval for a property located just to the north of (and adjacent to) the subject site, at the
roundabout, was approved 5-0 at the March 26, 2018 BZA meeting (Docket No. 17120005 V). That petition
was mostly approved because of the new roundabout being constructed at that intersection.
The Petitioner addressed all the planning/zoning review comments, and the Planning Dept. supports this
variance request, with the condition preserving the existing trees that exist between the path and the future
fence location.
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-2020-00146 V with
the landscaping condition listed above.