HomeMy WebLinkAboutDept Report 2-27-06
CARMEL BOARD OF ZONING APPEALS
HEARING OFFICER: DEPARTMENT REPORT
February 27, 2006
Sh. 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 located 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. Also, it does not interfere
with the vision clearance triangle at the
intersection of the two streets. The front
of the 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 offence 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 of the fence.
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 department recommends positive consideration of Docket No. 06010013 v.