HomeMy WebLinkAboutDepartment Report 08-28-23
CARMEL BOARD OF ZONING APPEALS HEARING OFFICER
DEPARTMENT REPORT
MONDAY, AUGUST 28, 2023
(V) 3240 E. 104th St. Fence Variance.
The applicant seeks the following development standards variance approval:
1. Docket No. PZ-2023-00147 V UDO Section 5.09 (B) Maximum 42 inch fence allowed in the
front yard, 72 inches requested. Also, minimum 25% visibility required, 0% visibility requested.
The corner lot site is located at 3240 E. 104th St. (Glenwood Subdivision, Lot 49). It is zoned S2/Residence.
Filed by Thanh Ho on behalf of Tuyet Nguyen, owner.
General Info:
• The Petitioner seeks approval for a 6-ft tall wooden privacy fence in the front yard to replace an old 3.5-ft tall
metal chain link fence.
• The site is a Corner Lot that has two front yards that front on two streets.
• Surrounding this site are single family residential homes.
• A homeowners association (HOA) does not appear to exist for the neighborhood.
• Fence Permit application F-2023-00178 has been submitted and is pending.
• Please see the Petitioner’s info packet for more detail on the variance request.
Variance Requested:
Fence Height -
• The UDO (Unified Development Ordinance) allows at most a 42 inch tall fence in the front yard, and the
petitioner requests 72 inches. This is a variance of 30 inches, or a 71% change.
• This is a Corner Lot with two street frontages, hence two front yards.
• The LaSalle Rd. frontage will act more like a side/back yard.
Remaining Review Comments:
• The Petitioner addressed all planning/zoning review comments.
Final Comments:
• Per the UDO, fences and walls may be constructed on the front lot line but shall be set back at least one foot
from any sidewalk or multi use path. (Currently, no sidewalks exist in the neighborhood.)
• The Planning Dept. supports the variance request, with the condition that if or when sidewalks are ever
installed by the city in this neighborhood, that the petitioner will pay for their portion of the sidewalk, or
install it themselves, along their street frontages.
• There are no vision clearance concerns since the fence is set back from the street pavement.
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 this variance request with
the Condition that if or when sidewalks are ever installed by the city in this neighborhood, the petitioner will
pay for their portion of the sidewalk into the Thoroughfare Fund (or install it themselves along their street
frontages) and with adoption of the Findings of Fact submitted by the Petitioner.