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HomeMy WebLinkAboutDepartment Report 11-22-214 of 11 CARMEL BOARD OF ZONING APPEALS | HEARING OFFICER MEETING DEPARTMENT REPORT MONDAY, NOVEMBER 22, 2021 (V) McClain Pool Setback Variance. The applicant seeks the following development standards variance approval: 4. Docket No. PZ-2021-00189 V UDO Section 5.02.C.7 3’ setback from easement required for a swimming pool, 16’ encroachment requested. The site is located at 2918 Gadsen Cir N. (in Village of WestClay Subdivision Lot 1020). It is zoned PUD/Planned Unit Development. Filed by Matthew McClain, owner. General Info & Analysis: The Petitioner seeks approval for a swimming pool in the back yard. Several easements cross the back yard. The proposed pool will encroach 16-ft into the legal drain easement, which is also a drainage, utility, and sewer easement. Please see the Petitioner’s info packet for more detail on the variance request. The pool location and its encroachment gained County Drainage Board approval for Non-Enforcement of Drainage Easement, as well as Carmel Engineering Dept. Consent to Encroach approval. The Petitioner also has approval from the Village of WestClay HOA (Homeowners Association). The pool equipment will be located approximately 22-ft from the south property line, and it will be screened with a 4-ft tall wooden fence. The Petitioner addressed all but one of the planning/zoning review comments, below, and we hope to have that information by the public hearing meeting: a) The petitioner still needs to provide details on how the noise/vibrations from pool pump equipment will be reduced/mitigated. Overall, 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-2021-00189 V, and with adoption of the findings of fact submitted by the Petitioner.