HomeMy WebLinkAboutDepartment Report 04-22-243 of 11
CARMEL BOARD OF ZONING APPEALS HEARING OFFICER
DEPARTMENT REPORT
MONDAY, APRIL 22, 2024
(V) 140 1st Ave NW Fence Variances.
The applicant seeks the following development standards variance approvals:
2. Docket No. PZ-2024-00037 V UDO section 5.75 Vision Clearance Standards - Vision
Clearance Triangle shall be maintained at 15-ft; 12-ft requested.
The site is located at 140 1st Ave NW (Simeon Hawkins Addition, part Lot 15). It is zoned R4/Residence
and Old Town Overlay, Character Sub-Area. Filed by Rebecca Brammer and Richard Sanders, owners.
General Info:
• The Petitioner seeks approval for a fence to be partially located in the Vision Clearance Triangle.
• A variance is requested for the fence to be located on a 12-ft triangle setback, rather than a 15-ft setback, at
the northeast corner of the lot.
• The site is a Corner Lot with two street frontages, hence two front yards.
• The site is located in the Old Town Overlay District; no HOA (Homeowner’s Association) exists.
• Surrounding this site are single family and two family dwellings.
• Please see the Petitioner’s info packet for more detail on the variance request.
Variance Requested:
Vision Clearance Standards -
• The vision clearance standards are in place for pedestrian and motorist safety.
• For Corner Lots, the UDO requires a triangular space at the street corner of a Corner Lot, free from any kind
of obstruction to vision between the heights of three (3) and eight (8) feet above the established street grade.
The street grade is measured at the intersection of the centerlines of the intersecting street pavement, and the
triangular space is determined by a diagonal line connecting two (2) points measured fifteen (15) feet
equidistant from the Lot corner along each property line at intersections of two (2) local streets or twenty-
five (25) feet at the intersection of any other types of Streets.
• For a fence in the front yard, the Petitioner requests the vision clearance area to be a diagonal line
connecting two (2) points measured twelve (12) feet equidistant from the Lot corner along each property line
at intersections of two (2) local streets.
• The UDO also requires this for the Vertical Area: Vertical Area: No primary or accessory buildings,
landscaping, fences, walls, or signs shall be permitted to be placed in or to project into the vision clearance
triangle between the heights of two (2) feet and nine (9) feet above the established street grade. The street
grade is measured at the intersection of the centerlines of the street and the intersecting street, alley, entrance,
or driveway.
• The proposed fence design will be 36 inches (3-ft) in height and setback 12 inches from the sidewalks. It will
be a black decorative metal fence (so it will be slightly see through).
Remaing Review Comments:
• The Petitioner addressed all planning/zoning review comments.
Final Comments:
• The Planning Dept. supports the variance request, as the fence design will not be totally opaque, and they are
trying to make an attempt to meet the vision clearance triangle setbacks.
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.