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CARMEL BOARD OF ZONING APPEALS | HEARING OFFICER
DEPARTMENT REPORT
MONDAY, MAY 23, 2022
(V) Carmack Pool Setback Variance.
The applicant seeks the following development standards variance approval:
4. Docket No. PZ-2022-00061 V UDO Section 5.02.C.7 Minimum 3-ft setback from easement
required for accessory structures, 6-ft encroachment into drainage/utility easement requested.
The site is zoned S2/Residence. It is located at 1516 Brook Mill Ct. (Lot 89 in Springmill Crossing
Section 2). Filed by Daniel Majestic of Perma Pools.
General Info & Analysis:
The Petitioner seeks approval to install an in-ground swimming pool. One variance is needed, and that is for the
pool location. Please see the Petitioner’s info packet for more detail on the variance request.
Pool Setback Variance:
A Panhandle Eastern Gas Pipeline Easement that is approximately 105 feet wide runs along the rear of the
property, as well as a 15-ft wide drainage and utility easement. Accessory structures, such as swimming pools,
are required to be located at least 3-feet away from any easements. The Petitioner requests approval for the pool
and its decking to encroach 6-ft into the drainage & utility easement.
Also, the pool pump/equipment will be located close to the house. The pool pump will be a quiet model so as to
limit noise/vibration.
The Petitioner addressed all planning/zoning review comments. And, the Planning Dept. supports this
variance request, with the conditions listed below in the Recommendation.
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-2022-00061
V, with the Conditions of the Petitioner gaining Consent to Encroach approval from the Carmel Engineering
Dept. (Carmel Board of Public Works & Safety) and gaining Easement Non-Enforcement approval from the
Hamilton County Surveyor’s Office (County Drainage Board), and with adoption of the findings of fact
submitted by the Petitioner.