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CARMEL BOARD OF ZONING APPEALS | HEARING OFFICER
DEPARTMENT REPORT
MONDAY, DECEMBER 14, 2020
(V) Wiott Pool, Lot Cover Variance.
The applicant seeks the following development standards variance approval for a new pool:
3. Docket No. PZ-2020-00197 V UDO Section 3.64 Maximum 45% lot cover allowed, 51%
requested. The site is located at 656 2nd Ave NE (Lot 24 in CW Wiedler’s Addition). It is zoned R3/
Residence and Old Town Overlay Zone, Character Subarea. Filed by William (Bill) and Stephanie Wiott,
owners.
General Info & Analysis:
The Petitioner seeks approval to construct a 10’ x 26’ in ground swimming pool in the back yard. A swimming
pool is a permitted accessory use to the single-family home use. A variance is required for exceeding the
maximum allowed lot cover. Please see the Petitioner’s informational packet for more detail on the
variance requests.
The Unified Development Ordinance (UDO section 3.64) allows for a maximum of 45% lot cover for
residential uses within the Old Town Overlay Zone. The Petitioner proposes 51%. This is a variance of 6%.
Things that count toward lot cover are pavement and concrete, building footprints, swimming pools, accessory
structures, etc. (The Petitioner is also working with the Engineering Dept. to address all their grading/drainage
review comments.)
The Petitioner mentions in their info packet they will eventually fence in the back yard (a fence permit will be
required). In addition to utilizing an extremely quiet pool pump, the privacy fence can also help mitigate any
noise associated with the swimming pool use.
On a separate but related note, please see the proposed amendments to the City Code Noise Regulations (City
Council Ordinance No. D-2554-20). In a residentially zoned district, noise cannot exceed 55 dB when measured
from a distance of not less than 50-ft from its source between the hours of 8am and 10pm. And, between 10pm
and 8am, noise cannot exceed 50 dB. (To compare, a 40-50 dB noise level is a quiet office and normal home
noise. And, 60 dB is normal conversation and background music; whereas 70 dB is the noise level of a toilet
flushing.) If there is an issue with noise, the Police Dept. would address any violation of the Noise Regulations
of the Carmel City Code if they get a noise complaint.
The Petitioner addressed all 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-2020-00197 V.