HomeMy WebLinkAboutDept Report 3-27-06
CARMEL BOARD OF ZONING APPEALS
HEARING OFFICER: DEPARTMENT REPORT
March 27, 2006
3h. Kingswood, Sec 2, lot 31 - Policka Property
The applicant seeks the following development standards variance:
Docket No. 06010013 V ZO Chapter 25.02.01 front yard fence height
The site is at 11125 Westminster Way; zoned S-2/Residence. Filed by Greg & Gretchen Policka.
General Info:
The petitioner is seeking a variance for fence height.
The required maximum height of a fence in the front
yard is 3.5 feet; the petitioner's fence is 5-ft tall.
Analysis:
The fence is 1.5 feet taller than what the ordinance
requires for a front yard. Because the site is a comer
lot, it has two front yards. The fence is set back
approximately 20 ft from the west property line and
Westminster Way road right of way. It does not
interfere with the vision clearance triangle at the
intersection of the two streets. The front ofthe house
appears to be the south elevation, and so the fence
location appears to be in a side yard, if the lot were an
interior lot and not a comer lot. There is concern of
the wide spans of fence along the west property line;
neighbors are concerned about the view from the front
oftheir homes, which face directly toward the fence. The fence interferes with the neighbors' view of
open space, as referred to in the Kingswood covenants and rules of restriction. These covenants are
enforced by the homeowners of Kingswood, and it is a private issue separate from the fence
height variance. Landscaping along the exterior fence line might help mitigate the view, and the
petitioner has been in contact with the City Forester, as of March 10th, to inquire about what plant
species will be adequate.
Findings of Fact: fence height
1. The approval of this variance will not be injurious to the public health, safety, morals and
general welfare of the community because: it is set back 20-ft from the road right of way and
is semi-opaque in design. The height is 1.5 feet taller than what the ordinance allows for a front
yard fence.
2. The use and value of the area adjacent to the property included in the variance will not be
affected in a substantially adverse manner because: it is set back 20-ft from the road right of
way and is semi-opaque in design. The height is 1.5 feet taller than what the ordinance allows
for a front yard fence.
3. The strict application of the terms of the Zoning Ordinance to the property will result in
practical difficulties in the use of the property because: the fence height will have to be
lowered to 3.5 feet, which may not be tall enough to serve its purpose of keeping animals in the
yard, possibly causing a safety issue.
Recommendation: The DOCS recommends positive consideration of Docket No. 06010013 V.