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HomeMy WebLinkAboutDepartment Report 09-28-2013 of 15 CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT MONDAY, SEPT. 28, 2020 (V) Evans Residence, Fence Variance. The applicant seeks the following development standards variance approval: 2. Docket No. PZ-2020-00115 V UDO Section 5.09.B Fences in front yard can only be 42” tall and must have at least 25% visibility through, 6’ privacy fence requested. The site is zoned R3/Residence (Home Place Subdivision Lots 15-16). It is located at 1105 E. 106th Street. Dr. Filed by Joe Evans, owner. General Info & Analysis: The Petitioner’s parcel is a corner lot with two front yards. Fences in the front yard cannot be taller than 42 inches (3.5 feet). The front yard areas on this lot are the areas that lie between the street and a 30-ft minimum building setback line. The fence would have to be setback at least 30-ft from the street right of way in order to be allowed to be 6-ft tall out right. The Petitioner seeks variance approval to place a 6-ft tall wooden privacy fence in the front yard. This is a variance of 2.5 feet. 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… The proposed 6-ft tall privacy fence along 106th Street will be 34-ft from the 106th Street pavement. And, the 6- ft tall privacy fence proposed along McPherson Street is proposed to be 18-ft from the street pavement. This fence needs variance approval for its height, location, and type (privacy fence with no visibility through). Landscaping: The Petitioner will plant landscaping between the fence and the street. The proposed site plan says ‘existing tree’, and also ‘future landscaping’ along the McPherson fence segment. A revised landscape plan was filed on 9-16-20 for the McPherson fence segment. Maiden grass, or other decorative grass, as well as another perennial plant are also proposed to be planted between 106th Street and the proposed fence, shown on a landscape plan submitted to staff on 9-23-20. There was some confusion by the Petitioner as to what the front yard area was/is because the existing house sits around 19.5 feet from McPherson Street’s pavement and 16.9 feet from 106th Street’s pavement. (The house was built in 1940, well before zoning regulations or building permits were required in the township, so its setback is legally nonconforming, or ‘grandfathered’.) However, the setback requirements for a fence to be 6-ft tall and be a privacy fence design requires it be set back at least 30-ft from the street right of way, so that it is not located within the front yard setback area. The Petitioner addressed all the planning/zoning review comments, and the Planning Dept. supports this variance request. 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- 2020-00115 V with the condition of landscaping listed above.