HomeMy WebLinkAboutDepartment Report 11-23-204 of 12
CARMEL BOARD OF ZONING APPEALS | HEARING OFFICER
DEPARTMENT REPORT
MONDAY, NOVEMBER 23, 2020
(V) Imhoff Pool Variances.
The applicant seeks the following development standards variance approvals:
3. Docket No. PZ-2020-00185 V UDO Section 2.10 Max. 35% lot cover allowed, 42.5% proposed.
4. Docket No. PZ-2020-00186 V UDO Section 5.02.C.7 Pool must be located 3-ft from easement,
encroaching 3-ft into rear easement proposed. The site is located at 1034 Oswego Rd. (Coombs Minor
Replat, Lot 35B). It is zoned R2/Residence. Filed by Scott Meyer of North Shore Landscape, on behalf of
Todd & Nancy Imhoff, owners.
General Info & Analysis:
The Petitioner seeks approval to construct a swimming pool in the back yard. Variances are required for lot
cover and for setback. Please see the Petitioner’s informational packet for more detail on the variance
requests.
Lot Cover Variance: The Unified Development Ordinance (UDO section 2.10) allows for a maximum of 35%
lot cover. The Petitioner proposes 42.5%. This is a variance of 7.5%. Things that count toward lot cover are
pavement and concrete, building footprints, swimming pools, accessory structures, etc. The swimming pool
and its decking add to the lot cover; however, the pool will only have decking on the east and south sides of it,
rather than all around. (The Petitioner is also working with the Engineering Dept. to address all their
grading/drainage comments.)
Setback Variance: The Unified Development Ordinance (UDO section 5.02.C.7) requires that swimming pools,
their decking, and their equipment are located at least 3-ft off of any easement. The Petitioner proposes to have
the pool encroach 3’8” into the easement.
A 48-ft wide variable drainage & BMP easement runs along the rear of the lot, and a 5-ft wide drainage & BMP
easement runs along the south side of the lot. The pool’s decking will go right up to the 5-ft wide easement, and
the pool’s decking will encroach 3’8” into the 48-ft wide easement.
The Petitioner is also working with the Carmel Engineering Department to gain ‘consent to encroach’ approval
from the Board of Public Works & Safety (BPW). The Engineering Department is supportive of the request.
Trees: On a related note, the City Forester performed a site visit around October 6 and saw that two trees were
ribboned by the property owner for removal due to their state of decline. These trees are located just north of the
proposed pool location. He is okay with the removal, as long as two native shade trees are planted back on the
site in their place. (The Petitioner confirmed that his client is agreeable to replanting the trees with Carmel-
recommended trees, per an October 6 email.)
The Petitioner addressed all but one of the planning/zoning review comments, and the Planning Dept.
supports this variance request with the conditions listed in the Recommendation, below.
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 Nos. PZ-2020-00185 V and
PZ-2020-00186 V the conditions of planting 2 native shade trees and addressing the remaining review
comment: Please label the pool pump equipment on the site plan and also provide design details of it and how
it can have reduced noise/vibration.