Chesterton Tribune



Chesterton BZA grants fence variance

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The Chesterton Board of Zoning Appeals conducted a public hearing at its meeting last night.

Robert and Kathleen Nickless, care of Attorney Greg Babcock, sought approval for a variance to construct a six-foot tall fence adjacent to a public right-of-way. The back of the Nickless property at 1067 Birch Trail Drive in the Duneland Trail subdivision abuts a sidewalk along 5th Street. According to Town code, fences adjacent to public rights-of-way can be no taller than four and a half feet.

Babcock noted that another property owner in Duneland Trail nearby to the Nickless’ has gotten the same variance. Babcock said the Nickless’ have no objection to signing an agreement accepting responsibility for the cost of replacing the fence if it ever needs to be taken down or moved for repairs to the right-of-way, which is another requirement of Town code.

Babcock said the concern in fencing requirements in public rights-of-way is often due to traffic safety because people turning may have their vision obstructed by a six-foot fence. He said that doesn’t apply to the Nickless property, as they are not on a corner lot.

Kathleen Nickless got up to mention that she and her husband are hoping for a six-foot fence because they have a big family, and a six-foot fence along the back of the property will provide more privacy. She also noted that there is a sharp downward slope to the back end of the property, so their yard is already less private from the back than it is from the sides.

No one spoke for or against the petition. The Board approved the variance unanimously.




Posted 5/25/2018




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