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HomeMy WebLinkAboutDept Report CARMEL BOARD OF ZONING APPEALS HEARING OFFICER DEPARTMENT REPORT SEPTEMBER 22,2014 1. (V)Clouse Pool,Saddle Creek,Sec.4,Lot 124 The applicant seeks the following development standard variance for a new pool: Docket No. 14090003 V ZO CH 25.01.01.C.8.a.iii: 3 ft. Min.Pool Setback from Easement,pool requested in landscape easement The site is located at 14071 Triple Crown Drive and is zoned S-1/ROSO I. Filed by Christopher and Jennifer Clouse, owners. IP General Info: The petitioner seeks approval to locate a new ,+?4.,"\1., i! . pool in a platted landscape easement. The y _ home is located along Ditch Road in the i., ‘ " Saddle Creek neighborhood. Surrounding the - property are single family homes. Please see I A I -',_ the petitioner's informational packet for ''' , i \ more details on this variance request. k p r. Analysis: When this subdivision was originally approved there were several easements that `'`'`a "'4 ,1 ' I were platt ed along the rear of this property d'it , n �► is and adjacent properties which back up to f ._ Ditch Road. There is a 2 foot wide non- -„• ` `" ill : access easement, then there is a 15 foot wide county landscape and utility easement, then•':t i ano additional five feet add to make up the 20• Z , o, v foot drainage easement, and finally there is a �`' 35 foot landscape easement. All of these 40 easements are measured from the rear v.?1s ' 4 " `4 property line. t I. E The Ordinance requires a pool to be setback 3 feet from any easement; however the existing landscape easement does not allow enough room for a pool between the home and the easement. While the pool is proposed within the 35 foot landscape easement, it is not within the drainage easement or any of the other easements. As proposed, the pool will be about 26 feet from the rear property line. As mentioned, the landscape easement was platted when this subdivision was originally developed in 1999, however, it does not appear to have ever been planted with landscaping material. There is landscaping in the 15 foot county landscape and utility easement, and that provides a nice buffer from Ditch Road. This landscaping will remain. The variance should not have a negative effect on surrounding properties as the pool will meet the other required side yard setbacks, and will not be visible from Ditch Road because of the existing trees. The BZA can grant this variance from the Zoning Ordinance, however, the petitioner should still receive approval from the Homeowners Association regarding any covenants and restrictions. 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. 14090003 V,with the Condition that the petitioner receives approval from their Homeowners Association. 1