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CARMEL BOARD OF ZONING APPEALS | HEARING OFFICER MEETING
DEPARTMENT REPORT
MONDAY, JUNE 28, 2021
(V) Hilbert Fence Height Variance.
The applicant seeks the following development standards variance approval:
7. Docket No. PZ- 2021-00101 V UDO Section 5.09.B Maximum 42 inch tall fence in the
front yard allowed, 6-ft requested (in parts). The site is located at 135 Sylvan Ln. (Carmelwood
Subdivision Lot 13). It is zoned R2/Residence. Filed by Dave Coots of Coots, Henke, and Wheeler on
behalf of Stephen Hilbert, owner.
General Info & Analysis:
The Petitioner seeks approval for a taller than allowed fence in the front yard, which will be comprised of a
blend of black wrought iron like design, mixed with 4-ft and 6-ft tall masonry columns. The site is located in a
neighborhood just northwest of Carmel High School, at the end of a dead-end street. Please see the Petitioner’s
informational packet for more detail on the variance request.
The Unified Development Ordinance (UDO Section 5.09.B) requires the following for fences in the front yard:
1.) Maximum Height: Fences located within any required Front Yard shall not exceed forty-two (42) inches
(or 3.5 feet) 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 twenty five percent (25%)
of its area shall be open to allow visibility through the fence. Such open spaces shall be reasonably dispersed
throughout the entire area of the fence, except where solid stone or brick walls are permitted. Examples
include wrought iron or picket fences.
3.) Front Setback: Fences and walls may be constructed on the Front Lot Line but shall be set back at least one
foot from any sidewalk or multi-use path.
The fence will be 5-ft tall and will be mostly of wrought iron design, with 4-ft 6-inch tall columns, as well as 6-
ft tall stone columns interspersed.
The fence portions located on the sides of the lot will run partially along the west and east side property lines.
The Petitioner still needs to let us know the proposed location of the fence in the front yard and how far north
from the front/south property line it will sit.
This lot has a 50-ft platted front yard building setback line.
The subject site is the last lot in the neighborhood, located on a street that ‘dead ends’. The street does not have
sidewalks. Not much traffic will go by this house. In a way, it is kind of like a cul-de-sac lot.
The Petitioner addressed all but two planning/zoning review comments; the Planning Dept. supports this
variance request pending responses to these:
1. Provide a copy of the official list of adjacent property owners from the Hamilton County Auditor’s Office.
2. How far away from the front/south property line will the fence be located?
Petitioner’s Findings of Fact:
Please refer to the petitioner’s Findings of Facts included in their info packet.
Recommendation:
After all comments and concerns are addressed, the Dept. of Community Services (DOCS) recommends
positive consideration of PZ-2021-00101 V.