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CARMEL BOARD OF ZONING APPEALS | HEARING OFFICER MEETING
DEPARTMENT REPORT
MONDAY, SEPTEMBER 27, 2021
(V) McDermott Pool Variance.
The applicant seeks the following development standards variance approval for a swimming pool:
4. Docket No. PZ-2021-00161 V UDO section 5.02.C.7 3’ setback from easement required,
20’ encroachment requested. The site is located at 10375 Windemere Blvd. (Windemere Subdivision
Lot 89). It is zoned S1/Residence. Filed by Kevin Buchheit of Krieg DeVault LLP on behalf of Jeffrey
McDermott, owner.
General Info & Analysis:
The Petitioner seeks approval for location of an existing back yard swimming pool and deck area that was
constructed around 2005-2006. It appears that the swimming pool permit (Permit # 05070033 - Pool) issued
back then showed a smaller pool size and a pool location that complied. What was built by the pool company
was different. The pool encroaches into an easement. Please see the Petitioner’s info packet for more detail
on the variance request.
Per the UDO, Unified Development Ordinance, a maximum 35% lot cover is allowed. The site was built back
then in compliance, regarding lot coverage, and remains in compliance.
Also, 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 proposes a 20-ft encroachment into the 30-ft wide Drainage and
Utility Easement that runs along the rear/east property line of the lot.
The Petitioner has also just received Carmel Board of Public Works & Safety (BPW) Consent to Encroach
approval and Hamilton County Drainage Board approval, for the easement encroachment.
The Petitioner addressed all planning/zoning review comments; the Planning Dept. supports the variance
request.
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-
00161V, as well as with adoption of the findings of fact submitted by the Petitioner.
(If approved, the Petitioner should follow up with the Carmel Building & Code Services Dept. to find out if
they need to update the 2005 pool permit or seek any additional inspections or certificates of occupancy.)