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HomeMy WebLinkAboutDepartment Report 08-22-223 of 22 CARMEL BOARD OF ZONING APPEALS | HEARING OFFICER DEPARTMENT REPORT MONDAY, AUGUST 22, 2022 (V) Trachtman Fence Height Variance. The applicant seeks the following development standards variance approval: 4. Docket No. PZ-2022-00108 V UDO Section 5.09.B – Maximum 42” tall fence in front yard allowed with at least 25% visibility; 8’ fence in front yard with 0% visibility requested along Main Street. The site is located at 12 Ironwood Ct. (Cool Creek North Subdivision Lot 198). It is zoned R1/Residence. Filed by James Trachtman, owner. General Info & Analysis: The Petitioner seeks variance approval to remove an existing old 8-ft tall privacy fence and replace it with an 8- ft tall privacy fence along their south and west property lines. The fence will be located approximately 6-ft from the south and west property lines. Doing this full replacement triggers the requirement for compliance with the current zoning ordinance regulations, which are listed below, and require a shorter fence. The lot is a Through Lot, which means that it has frontage on both Ironwood Ct., as well as Main Street. Technically the lot has two front yards. The house front faces Ironwood Court to the north, and the back yard area faces west and south towards Main St. The maximum allowed fence height in the front yard is 3.5 feet. Please see the Petitioner’s informational packet for more detail on the variance request. A similar fence height variance request was granted on 11/12/2019 for the adjacent neighbor to the east, at 3 Ironwood Ct. with BZA Variance Docket No. 19090028 V (Minnar Residence, Fence). However, it is important to note that the BZA is not a precedent setting body. The fence ordinance (UDO section 5.09.B) requires the following: B. Fences in Front Yards. The following shall apply to all residentially zoned lots or tracts, except those larger than three acres: 1. Maximum Height: Fences located within any required Front Yard shall not exceed 42” 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 25% of its area shall be open to allow visibility through the fence. Such open spaces shall be reasonably dispersed throughout the fence area, except where solid stone or brick walls are permitted. Examples include wrought iron or picket. 3. Front Setback: Fences and walls may be constructed on the Front Lot Line but shall be set back at least 1-ft from any sidewalk or multi-use path… 5. Collector, Arterial, Parkway Arterial, or Primary Arterial Streets: In the case of through lots, where the property line behind a residence abuts a Collector, Arterial, Parkway Arterial, or Primary Arterial street, a fence may exceed 42” in height, up to 6’ in height, and shall be exempt from the 25% visibility requirement in Section 5.09(B)(2): Fence Type if set back at least 6’ from the property line, and is accompanied by plantings equivalent to a Bufferyard A. (Bufferyard A requires 4 shade/evergreen trees and 10 shrubs per 100 lineal foot increment. This lot has 215-ft of frontage along Main Street.) Also, fences in the side yard can only be 6-ft tall, and the Petitioner requests 8-ft. This is a variance of 2-ft. There is a slight grade change from the house to Main Street. The house sits at an 811 elevation, and the street is closer to an 815 elevation. The Planning Dept. is supportive of the variance for a 6-ft fence on the south property line, but not an 8-ft tall one. (The allowed fence height in a front yard is 3.5-ft.) Additional Info: Many of the 8-ft tall fences located within close proximity to the subject site are neighborhood perimeter fences 4 of 22 (such as Foster Grove to the east), which enclose several properties related to one subdivision development so that there is an overall cohesive look and not a ‘hodge podge’ look. (The look of various disjointed fences of different heights and patterns is not the look the City promotes in this corridor.) A lot of the existing fences on individual lots are grandfathered, and if maintained they can remain at 8-ft tall. However, if someone wants to erect a new fence, they would have to comply with today’s fence ordinance regulations, or seek BZA variance approval for height, proving that they have a hardship or practical difficulty. It is important to note that Main Street is still a 2 lane street. While traffic counts might be increasing going east-west, there are no headlights shining into the subject site. Petitioner’s Findings of Fact: Please refer to the petitioner’s Findings of Facts included in their info packet. Recommendation: The Dept. of Community Services recommends positive consideration of Docket No. PZ-2022-00108 V, with the following condition: that only a 6’ tall fence is erected (not 8’), and with the adoption of the Petitioner’s Findings of Fact. (If approved, please finalize your Fence Permit if you have not yet done so.) 2014 Aerial Photo 2015 aerial photo 5 of 22 2021 aerial photo 2017 Streetview from Main St.