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CARMEL BOARD OF ZONING APPEALS | HEARING OFFICER
DEPARTMENT REPORT
MONDAY, AUGUST 22, 2022
(V) Cohen Fence Variances.
The applicant seeks the following development standards variance approvals:
2. Amended: Docket No. PZ-2022-00101 V UDO Section 5.09 – Maximum 42” tall fence in
front yard and 6’ tall fence in side/rear yard allowed; 48” fence in front yard and 8’ fence in side/rear
yard requested.
3. Docket No. PZ-2022-00103 V UDO Section 5.09 – Minimum 1’ fence setback from front
sidewalk allowed; 6” setback requested.
The site is located at 248 2nd St SW (Frank Hawkins Addition Lot 3). It is zoned R2/Residence and Old
Town Overlay Character Subarea. Filed by Nathan Cohen, owner.
General Info & Analysis:
The Petitioner seeks approval to install a 42-inch-tall black aluminum decorative fence in the front yard that
will be 6-inches away from the sidewalk, where at least 1 foot setback is required. This is a variance of 6 inches,
or a 50% change. (The 42-inch height complies with the Fence Ordinance.)
The driveway gate will also be located at least 6 inches from the sidewalk area. (The Petitioner should
coordinate with the Carmel Fire Dept. and the Carmel Police Dept. regarding access to the site.)
The Petitioner also seeks approval for an 8-ft tall privacy fence along the west side property line, when only 6-ft
is allowed. (An 8-ft tall fence exists along the east property line that was erected by the GOAT). This is a
variance of 2 feet, or 33% change.
Please see the Petitioner’s info packet for more detail on the variance request.
The subject lot is located just west of and adjacent to the future proposed GOAT tavern/restaurant and just north
of the Railyard Apartments mixed use building (which contains the Social Cantina restaurant). There is no
homeowner’s association for the neighborhood.
The Petitioner addressed all planning/zoning review comments. The Planning Dept. supports the variance
requests.
Findings of Fact:
Please refer to the Petitioner’s Findings of Facts included in their BZA Info Packet.
Recommendation:
The Dept. of Community Services (DOCS) recommends positive consideration of Docket Nos. PZ-2022-00101
and PZ-2022-00103 V, and with adoption of the Findings of Fact submitted by the Petitioner.
(Petitioner, please finalize your Fence Permit Application approval if you have not yet done so.)