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CARMEL BOARD OF ZONING APPEALS | HEARING OFFICER MEETING
DEPARTMENT REPORT
MONDAY, JULY 26, 2021
(V) Arick Deck Setback Variance.
The applicant seeks the following development standards variance approval:
4. Docket No. PZ-2021-00120 V UDO Section 5.02.B.1 Minimum 3’ setback from easement
required, 21’4” encroachment into Drainage & Utility Easement requested. The site is located at 4919
Essex Dr. (Brookshire Lakes Subdivision Lot 42) and is zoned S1/Residence. Filed by Bruce Arick,
owner.
General Info & Analysis:
The Petitioner seeks approval for a raised deck structure to extend into a drainage easement. Please see the
Petitioner’s informational packet for more detail on the variance request.
The Unified Development Ordinance (UDO Section 5.02.B.1) requires that accessory buildings and uses be
located at least 3 feet from any easement. The proposed deck will extend 21’4” into a Drainage & Utility
Easement, but it will not go past the sea wall located at the perimeter of the neighborhood’s central pond.
The deck varies in height off the ground, due to the topography and slope of the back yard, with heights of 8
inches to 34 inches off the ground. An outdoor fireplace is also part of the proposed improvements to the site.
The Petitioner also needs to work 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.
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-2021-00120
V, with the condition of gaining proper approvals from the Carmel Engineering Dept. and/or Hamilton County
Surveyor’s Office.