HomeMy WebLinkAboutDepartment Report 04-22-245 of 11
CARMEL BOARD OF ZONING APPEALS HEARING OFFICER
DEPARTMENT REPORT
MONDAY, APRIL 22, 2024
(V) Harper Fence Height Variance.
The applicant seeks the following development standards variance approval:
4. Docket No. PZ-2024-00046 V UDO Section 5.09 (B) Maximum 42-inch fence/wall allowed in
the front yard, 48-in. requested.
The site is located at 14494 Smickle Ln. It is zoned S2/Residence – ROSO III (Cherry Tree Grove
Subdivision, Lot 15). Filed by Roy & Sherry Harper, owners.
General Info:
• The Petitioner seeks approval for a 48 inch tall black decorative metal fence in the front yard, when only 42
inches is allowed.
• The site is a Corner Lot with two street frontages, hence two front yards.
• The site is located in Cherry Tree Grove Subdivision; and HOA (Homeowners Association) approval has
been granted.
• Surrounding this site are single family residential homes.
• Fence permit F-2024-00049 is pending.
• Please see the Petitioner’s info packet for more detail on the variance request.
Variance Requested:
Fence Height -
• The UDO allows a maximum 42-inch tall fence in the front yard, and a 48-inch tall fence is requested. (This
is a variance of 6 inches, or a 14% change.)
• Fences are required to be placed at least 12 inches off of any sidewalk or path, and this fence will be setback
back several feet from the sidewalk.
• Due to the placement of the house and front door, the north side of the lot serves more like a back yard.
• The Petitioner’s intent is to mimic the fence of the adjacent neighbor.
Remaining Review Comments:
• The Petitioner addressed all planning/zoning review comments.
Final Comments:
• The 6-inch variance request is minimal, and the Planning Dept. supports the variance request.
• Since the fence will encroach into the easement, the Petitioner should work with the Fence Permits
Administrator to fill out a Waiver of Liability form that will go along with their fence permit.
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.