HomeMy WebLinkAboutDepartment Report 11-27-237 of 20
CARMEL BOARD OF ZONING APPEALS HEARING OFFICER
DEPARTMENT REPORT
MONDAY, NOVEMBER 27, 2023
(V) Doniela Fence Height Variance.
The applicant seeks the following development standards variance approval:
9. Docket No. PZ-2023-00245 V UDO Section 5.09 (B) Maximum 42-inch tall fence in the front
yard allowed; 60-inch height requested. The site is located at 3549 W 131st St. (not in any subdivision).
It is zoned S1/Residence. Filed by E. Davis Coots of Coots Henke & Wheeler, P.C., on behalf Andrius
Doniela / 131st LLC, owner.
General Info:
• The Petitioner seeks approval for a 5-ft tall wrought iron like fence in the front yard, which will be located
around 30-ft back from 131st Street (12-ft back from the north property line).
• A fence is not proposed along Shelborne Rd.
• The existing house is located around 150-ft back from the street.
• The site is not located in any residential subdivision, so there is no HOA (Homeowners’ Association).
• Surrounding this site are single family residential homes to the west, east, and south, and the Carmel Street
Dept. and Water Dept. to the north.
• Please see the Petitioner’s info packet for more detail on the variance requests.
Variance Requested:
Fence Height -
• The minimum front yard building setback for the S1/Residence zoning district is 40-ft.
• Any fences within that 40-ft front yard setback area can only be up to 42 inches tall (or 3.5 feet tall).
• The proposed 5-ft tall fence will be 1.5 feet taller than what the UDO allows. This is a 43% change.
• The fence will be a see through design and will be set back approximately 30-ft from the street (12-ft back
from the north property line).
• There are no concerns with vision clearance areas or sight lines.
Review Comments:
• The Petitioner addressed all planning/zoning review comments.
Final Comments:
• The Planning Dept. supports the fence height variance request, since the fence will be of a see through design
and since it will be setback 30-ft from the street.
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, and
with adoption of the Findings of Fact submitted by the Petitioner.