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HomeMy WebLinkAboutDepartment Report 01-24-222 of 10 CARMEL BOARD OF ZONING APPEALS | HEARING OFFICER MEETING DEPARTMENT REPORT MONDAY, JANUARY 24, 2022 (V) Teszler Fence Height Variance. The applicant seeks the following development standards variance approval: 2. Docket No. PZ-2021-00166 V UDO section 5.09.B.4 Max. 42” front yard fence height allowed, 54”-60” requested. The site is located at 117 Rolling Hill Dr (Rolling Meadows Subdivision Lot 13). It is zoned R1/Residence. Filed by Natali Teszler, owner. General Info & Analysis: The Petitioner seeks approval for a 4.5-ft (or 54-inch) tall fence in the front yard. As of 1/19/22, they clarify that they propose a 50-inch-tall fence (4.2 feet tall). Currently, their front yard fence is 3.5 feet tall. For the existing fence, a permit was approved for 3.5 feet tall wooden fence with 25% visibility (permit F-2021-00298). Fences in the front yard cannot exceed 42 inches (or 3.5 feet) in height. The Petitioner proposes a fence that is 54 inches (or 4.5 feet) tall. Again, as of 1/19/22, they clarify that they propose a 50-inch-tall fence (4.2 feet tall). Please see the Petitioner’s info packet for more detail on the variance request. There are no architecture or design regulations for this neighborhood, and there is not an active Homeowners Association. The existing fence is made of wooden posts and rabbit wire/fencing. (See picture to the right.) The new fence will be placed just outside of that, and it will have a design of being wood and having 3 horizontal boards, as shown in the picture example to the left (which shows 4 horizontal boards). The fence will not be placed right up to the street; it will be located several feet back from the street pavement, a few feet in front of the existing large tree. (Petitioner, how many 3 of 10 feet from the street pavement will the fence be?) Per the UDO’s Fence and Wall Standards in Section 5.09, fences and walls may be constructed on the Front Lot Line but shall be set back at least one foot from any sidewalk or multiuse path. (The existing street does not have any sidewalks.) However, since this front yard fence will be taller than 3.5 feet and needs variance approval, the Planning Dept. recommends the fence be placed further back, where the big tree sits, and that is closer to 35-ft back from the street pavement. (The front property line is located approximately 20-ft back from the street pavement. And the existing tree sits approximately 36 feet away from the street pavement.) The site also already has a tall wooden privacy fence that sits along the side and rear property lines. (See 2021 aerial photo to the left. The Petitioner addressed all but a few planning/zoning review comments, listed below. The Planning Dept. generally supports the variance request, with the conditions listed in the Recommendation section, also below. 1. Please provide the filled out & notarized Petitioner’s Affidavit of Notice of Public Hearing form (found in application). (For the hand 4 of 10 delivered letters, the Planning Dept. needs the signatures of the property owners you hand delivered to, on this form. Or, you need to mail the letters again, via Certificate of Mailing.) 2. How far back from the street pavement is the fence proposed to be located? 3. The Planning Dept. was just made aware that the homeowner has BPW (Board of Public Works & Safety) approval for a larger driveway entrance width, larger than 20-ft. However, the installed driveway width of 43.7 feet is not what was approved by the BPW. They were approved to exceed the standard size up to 30-ft for the driveway width and 3-ft wings on both sides, for a total of 36-ft at the street. The current driveway width measured at the street is a total of 43.7-ft, and the driveway width is 36.7-ft. (The Carmel Engineering Dept. and the Carmel Code Enforcement Dept. are looking into this.). Findings of Fact: Please refer to the petitioner’s Findings of Facts sheet. Recommendation: The Dept. of Community Services (DOCS) recommends Positive consideration of Docket No. PZ-2021-00166 V, with the Conditions of the front yard fences being located at least 30 to 35-ft back from the street pavement and resolving the issue of the driveway installation with the Code Enforcement Dept. and Engineering Dept., as well as with the adoption of the findings of fact submitted by the Petitioner.