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CARMEL BOARD OF ZONING APPEALS | HEARING OFFICER MEETING
DEPARTMENT REPORT
MONDAY, JUNE 28, 2021
(V) Allen Pool Variance.
The applicant seeks the following development standards variance approval:
2. Docket No. PZ-2021-00088 V UDO Section 5.02.C.7.a Setbacks - 3’ setback off
easement required, 14’3”encroachment requested. (Also, 5’9” side yard setback requested, 10’
required.) The site is located at 13048 Southampton Ct. (Springmill Ridge Subdivision Lot 76). It is
zoned S2/Residence and SFHA/Special Flood Hazard Area. Filed by Jason Allen, owner.
General Info & Analysis:
The Petitioner seeks approval for a new swimming pool in the rear yard. It is proposed to encroach 14’3” into
the rear drainage easement and also have a side yard setback of 5’9”. Please see the Petitioner’s informational
packet for more detail on the variance request and the proposed pool design and location.
The Unified Development Ordinance (UDO Section 5.02.C.7.a) requires that a swimming pool and its decking
be located at least 3-ft away from any easement.(The Petitioner requests an encroachment of 14’3”.) The UDO
also requires that a swimming pool and its decking have at least a 10-ft side yard setback (the Petitioner
requests a 5’9” setback).
Most of the 203-ft wide/deep drainage easement in the rear yard also happens to be 100-year Floodplain and
also Floodway. The Floodplain area encumbers a large portion of the rear yard of this property (at around 189
feet of depth from the rear property line), so the Petitioner is limited on where the swimming pool can be
placed. However, the Petitioner will not be building in the floodplain.
The Petitioner is also working with the Carmel Engineering Dept., as well as the Hamilton County Surveyor’s
Office to gain the proper approvals from the Carmel Board of Public Works & Safety, as well as the Hamilton
County Drainage Board. They have also requested an updated property survey that also shows the floodplain
boundary. If/when approved by all agencies, the Petitioner will also file for a pool permit through the Carmel
Building & Code Services Dept.
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 (DOCS) recommends positive consideration of Docket No. PZ-2021-00088
V.