Department Report 01-24-221 of 10
CARMEL BOARD OF ZONING APPEALS | HEARING OFFICER MEETING
DEPARTMENT REPORT
MONDAY, JANUARY 24, 2022
(V) Lewis Pool Equipment Variance.
The applicant seeks the following development standards variance approval:
1. Docket No. PZ-2021-00214 V UDO Section 5.02.C.7 Pools, decking & equipment shall
be at least 3-ft away from any easement; 2-ft encroachment requested. The site is located at 3196
Driftwood Ct. (Lot 75 in Smokey Ridge subdivision). It is zoned R1/Residence. Filed by Matthew Harms
of Modish Pools, LLC on behalf of Nathan & Mariel Lewis, owners.
General Info & Analysis:
The Petitioner would like to place a swimming pool in the back yard. The pool and its decking will comply with
the ordinance requirements. However, the pool pump/equipment location does not quite meet the ordinance, and
the owner would like to place it in the side yard, within an easement. Please see the Petitioner’s info packet
for more detail on the variance request.
There is a 10-ft wide drainage and utility easement that runs along the west side of the lot. The zoning
ordinance requires that a pool, its decking, and equipment must be located at least 3-ft away from any easement.
The pool pump equipment will be located approximately 7.3 feet from the west/side property line, within the
drainage and utility easement. That means that the ordinance-required pool equipment setback is 13 feet (10-ft +
3-ft). This is a variance of 5.7 feet, or 44%.
The product brochure for the pool pump/equipment shows that it will be a quiet model that will reduce/muffle
noise/vibrations.
The pool project has been approved by the neighborhood Homeowners Association.
The Petitioner will also seek Consent to Encroach (CTE) approval from the BPW (Board of Public Works and
Safety) if it has not yet been done. The Carmel Engineering Dept. is in support of the encroachment; they are
the department that takes CTE petitions through the BPW process.
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-2021-00214
V, with the Condition that the Petitioner will also seek Consent to Encroach (CTE) approval from the BPW
(Board of Public Works and Safety) if it has not yet been done, and with the adoption of the findings of fact
submitted by the Petitioner.