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HomeMy WebLinkAboutDept Report 07-28-14 CARMEL BOARD OF ZONING APPEALS HEARING OFFICER DEPARTMENT REPORT JULY 28, 2014 1. (V) Rogers Pool Setback,Woods at Williams Creek,Lot 22. The applicant seeks the following development standards variance approval for a new pool: Docket No. 14060011 V ZO CH: 25.01.01.C.8.a.iii: 3 ft Min Pool Setback from Easement, pool deck requested in easement. The site is located at 509 Wetherby Lake Drive. It is zoned S-1/ROSO III. The minimum setback from an easement for a pool is 3 feet and the petitioner is requesting the pool deck encroach into the drainage and utility easement by 2 feet. Filed by Marge Mikels of Pools of Fun, on behalf of Angela and Joseph Rogers, owners. General Info: The petitioner seeks approval to have a new pool's *p -- decking/concrete encroach into the rear drainage _ ` and utility easement. The proposed pool will be 16 , feet by 34 feet. m. • !. • ,,,s!. °, {" 4' A small amount of concrete will encroach into the 411111• , I 15-ft wide rear drainage&utility easement by about �� 1 Or N 2 feet. Please see the petitioner's informational _ • 4 , • c , packet for more details. pi Analysis: -' tia Zoning Ordinance Chapter 25 states the following.- i- y for swimming pool setbacks: ,. a a. Minimum Side and Rear Yard Setbacks. A �' � ,, k i1, . 01 swimming pool, hot tub, or its deck or equipment r t rS, shall be set back a minimum of the greater of the # ear}. , 7 I c.. following: ." 1 i. Ten (10) feet from the Side and/or Rear Lot c Line, `` i r ii. the Minimum Side and/or Rear Setback for the zoning district, or iii. Easement plus three(3)feet, but not within any Easement or required landscaped or greenbelt area. While the concrete decking will encroach into the easement, no pool equipment,piping, limestone coping, or other parts of the pool will encroach into the easement. The City Engineering Dept. supports this encroachment into the easement, if the grade(elevation)of the easement is not changed in any manner by the project and its construction. The petitioner will need approval from their HOA and needs to submit that letter to the City as a part of this variance. The Department is in support of this variance. Petitioner's Findings of Fact: Please refer to the petitioner's information packet for their Findings of Fact. Recommendation: The Dept. of Community Services recommends approval of Docket No. 14060011 V with the condition,of a variance being obtained from the Cannel Board of Public Works and Safety(BPW)to allow improvements in the easement. 1