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CARMEL BOARD OF ZONING APPEALS | HEARING OFFICER MEETING
DEPARTMENT REPORT
MONDAY, AUGUST 23, 2021
(V) Downes Pool Variances.
The applicant seeks the following development standards variance approvals:
5. Docket No. PZ-2021-00140 V UDO Section 2.06 Maximum 35% lot coverage allowed,
42% requested.
6. Docket No. PZ-2021-00141 V UDO Section 5.02.C.7 Pool setbacks: 3-ft from easement
and 10-ft side setback allowed, 2-ft encroachment into easement and 5.5-ft side setback requested.
The site is located at 5058 St. Charles Place. It is zoned S2/Residence (Kingswood Subdivision Lot 113).
Filed by Carrie Ann & Paul Joseph Downes, owners.
General Info & Analysis:
The Petitioner seeks approval for a back yard swimming pool and deck area. Please see the Petitioner’s info
packet for more detail on the variance requests.
Lot Cover: Per the UDO, a maximum 35% lot cover is allowed. The Petitioner requests a 7% increase.
Pool Setback: Per the UDO, a swimming pools need to be located at least 3-ft away from any easements and at
least 10-ft away from any property lines. The Petitioner proposed a 2-ft encroachment into the utility easement
that runs along the back yard of the lot, as well as a 5.5 side yard setback.
Engineering Dept. comments: The Carmel Engineering Dept. commented that they would be supportive of the
encroachment inside the utility easement, but the City does not have any utilities in that area. The Petitioner’s
biggest risk would come from 3rd party utilities (telecom, electrical, etc.).
The drainage easement in the rear of the property is due to this area being a dry detention basin. Over the years,
many private improvements have been made in these easements by neighbors, so the Engineering Dept. tries to
be as reasonable as they can, while trying to keep as much detention capacity as possible. What this means is
that during heavy storms, this area within the last 25’ of the petitioner’s property may flood and hold water for a
number of hours, which is by design. Kingswood Subdivision does not have any ponds, and instead, the
neighborhood developer opted for dry detention basins along the backs of properties. In reviewing the
Petitioner’s plan, the Engineering Dept. asks that the entire drainage easement be kept as natural grass. Mulch
will get washed away and could cause harm to the system itself. Otherwise, the Engineering Dept. will proceed
with a Consent to Encroach for the portion within the utility easement.
(Petitioner, please provide the approval status of the Consent to Encroach approval from the Board of Public
Works & Safety (BPW) and the Carmel Engineering Dept.)
The Petitioner addressed all planning/zoning review comments; the Planning Dept. supports the variance
requests. The Kingswood Homeowners Association has also approved this project.
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 Nos. PZ-2021-00140
V and PZ-2021-00141 V, with BPW Consent to Encroach approval, as well as with adoption of the findings of
fact submitted by the Petitioner.