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Board denies rear-yard fence variance at pond; side-yard encroachment conditionally allowed
Summary
Homeowner Ryan Gillis requested to keep a fence at his rear property line by the common-area pond. The drainage board denied the rear setback variance and ordered fences be pulled back to the 5 feet into the 15-foot easement standard; the side-yard 13-foot encroachment was accepted if the fence stays 2 feet from an underlying pipe.
A Carmel-area homeowner seeking to keep a backyard fence adjacent to a common-area pond was denied a rear-yard variance by the Hamilton County Board of Drainage on June 30, though the board cleared a conditional side-yard encroachment.
Surveyor’s staff recommended that fences around the pond conform to the existing local standard of 5 feet into a 15-foot rear drainage easement to preserve access around the pond and reduce county liability. Staff told the board the Giles property fence encroached into the planted drainage easement and that other nearby properties are either permitted to the standard or are in violation.
Homeowner Ryan Gillis said the current fence significantly reduced usable backyard space; he asked the board to allow the fence to the property line. The board asked whether the homeowner reviewed the plat and noted the rear area slopes steeply toward the pond. Board members said treating all owners consistently required denying a request to keep the fence to the property line.
The board moved and seconded a motion to deny the requested rear-yard variance and to require compliance with the surveyor’s recommendation: move the rear fence to the 5-foot-in-15-foot standard. The board also confirmed the 13-foot side-yard encroachment could remain provided the fence maintains a minimum 2-foot clearance from the pipe and complies with permitting. The motion carried by voice vote.
