ABZA approves fenced setback reduction at 4525 Burr Oak Lane with conditions

Tippecanoe County’s Area Board of Zoning Appeals approved a variance July 23 allowing a privacy fence to be built closer to the sidewalk than zoning normally permits at 4525 Burr Oak Lane in the Red Oak subdivision.

The board voted 4–1 to grant a reduced setback after the petitioners agreed to amend their request. The approved conditions require the fence to be at least 2 feet from the sidewalk and the northeast corner cut at a 45-degree angle with a minimum 6-foot-wide 45-degree panel; the fence height requested is 6 feet.

Christine Roehl, APC staff, told the board that “staff believes there is no hardship in this case that would make a 0 foot setback variance for a fence justifiable.” Roehl said the Unified Zoning Ordinance requires a 25-foot side setback in that R-1 zone and that the property is affected by a 15-foot utility and drainage easement starting roughly 1 foot from the sidewalk and a 10-foot drainage easement along the rear east side of the lot. Roehl said staff would have recommended approval if the petition had been amended to a 15-foot setback.

Petitioner Travis First, who with his wife identified his address as 4525 Burr Oak Lane, said the fence is intended for “safety, privacy” and to screen a neighbor’s recreational vehicle. First said he had asked utilities to mark underground lines and told the board he was “1 whole 100% wholly responsible and more than willing to work with anybody to remove it” if a utility company needed access. First also described plans to cut a 45-degree corner to improve visibility at the intersection and said he would provide an updated site plan showing the final location and dimensions.

Board members pressed for measurable conditions the staff could enforce. After discussion the petitioners agreed on the two conditions — 2 feet from the sidewalk and a northeast corner 45-degree panel no less than 6 feet wide — and the board amended its motion accordingly. Five ballots were cast; four voted yes and one no.

The petition had originally requested a variance to reduce the north side setback from 25 feet to 0 feet to allow a 6-foot privacy fence along the lot line; staff characterized that as a self-imposed hardship. The board’s approval requires the petitioner to submit a revised site plan demonstrating the fence line and the 45-degree panel before issuance of any improvement location permit.

The board noted utility easements and said the petitioner would be responsible for removing the fence if a utility provider needed to access its lines.