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CARMEL BOARD OF ZONING APPEALS | HEARING OFFICER
DEPARTMENT REPORT
MONDAY, SEPT. 28, 2020
(V) Ferguson Pool Setback Variance.
The applicant seeks the following development standards variance approval:
3. Docket No. PZ-2020-00138 V UDO Section 5.02.C.7 3-ft pool/decking setback from
easements required, 10-ft encroachment proposed. The site is located at 14332 Adios Pass (Village of
Mt. Carmel Lot 216). It is zoned S2/Residence. Filed Jon & Amanda Ferguson, owners.
General Info & Analysis:
The Petitioner seek approval for a proposed swimming pool to encroach 10-ft into a 30-ft wide easement that
runs along the rear of their lot. The ordinance requires that a pool and its decking be located at least 3-ft away
from any easement. This is the only variance needed. Please see the Petitioner’s informational packet for
more detail on the variance request.
The ordinance (UDO section 5.02.C.7) requires the following for a Private Swimming Pool or Hot Tub:
a. Minimum Side and Rear Yard Setbacks: A swimming pool, hot tub, or its deck or equipment shall be set
back a minimum of the greater of the following:
i. Ten (10) feet from the Side Lot Line and Rear Lot Line, or
ii. Be three (3) feet from any Easement.
The Petitioner has also been working with the Carmel Engineering Dept. to also request Consent to Encroach
approval from the BPW – Board of Public Works and Safety. The Engineering Dept. will be supportive of that
request.
The Petitioner’s plans are also being reviewed by the Carmel Engineering Dept. for grading and drainage
approvals. (This will help expedite the review and approval of the pool permit when the Petitioner files for that.)
On a related note, the pool pump equipment will be of an energy efficient design, and it will operate more
quietly, so as to provide minimal disturbance.
The Petitioner addressed all the planning/zoning review comments, and the Planning Dept. supports this
variance request.
Petitioner’s Findings of Fact:
Please refer to the petitioner’s Findings of Facts included in their info packet.
Recommendation:
The Dept. of Community Services recommends positive consideration of Docket No. PZ-2020-00138 V.