HomeMy WebLinkAboutDept ReportCARMEL BOARD OF ZONING APPEALS
DEPARTMENT REPORT
May 18, 2009
2-3h. Kenney Fence
The applicant seeks the following development standards variances for a residential fence:
Docket 09040001 V Section 25.02.02 Fence height over six feet
Docket 09040002 V Section 25.01.O1.B.3.b Fence within landscaping easement
The site is located at 13068 Andover Drive and is zoned R1/Single-Family Residential.
Filed by Matthew A. Kenney, owner.
General Info: The petitioner is requesting the grant of a
variance to place aneight-foot tall wooden privacy fence in the
rear yard, within a platted 20-foot landscaping and screening
easement. The fence would replace an existing seven-foot tall
fence, which is located out of the easement.
Analysis: The proposed location of the fence would be more in
keeping with adjacent fences, and would provide more of a
usable rear yard. The site is partially screened by evergreens,
which may need to be removed, but which are not providing
adequate screening because of their condition. The fence would
be partially visible from 1315` Street, but would also be screened
by remaining vegetation. It would be unlikely to have an impact
on adjoining residences. There are no utilities or drainage ways
in the easement, and the fence's proposed location has been
reviewed by the Urban Forester. Since trees will need to be
removed to allow for the installation of the fence, additional trees should be planted inside and outside the fence.
The applicant should work with the Urban Forester to determine the trees that would be most appropriate for sound
screening and hardiness.
Findings of Fact: Fence height and encroachment
4. The approval of this variance will not be injurious to the public health, safety, morals, and general
welfare of the community because: the proposed fence would be comparable in size and location to
existing fences.
5. The use and value of the area adjacent to the property included in the variance will not be affected in
a substantially adverse manner because: the proposed fence would be comparable in size and location to
existing fences.
6. The strict application of the terms of the Zoning Ordinance to the property will result in practical
difficulties in the use of the property because: the applicant would have reduced use of the rear yard,
which would not be fully screened from 131St Street.
Recommendation:
The Dept. of Community Services recommends positive consideration of Docket Nos. 09040001-2 V