HomeMy WebLinkAboutDepartment Report 08-22-221 of 22
CARMEL BOARD OF ZONING APPEALS | HEARING OFFICER
DEPARTMENT REPORT
MONDAY, AUGUST 22, 2022
(V) Herman Pool Setback Variance.
The applicant seeks the following development standards variance approval:
1. Docket No. PZ-2022-00064 V UDO Section 5.02.B.1 Minimum 3’ setback from easement
required, 14.5-ft encroachment into easement & floodplain requested. The site is located at 3973
Bear Creek Way (Overbrook Farms Subdivision Lot 101). It is zoned S1/Residence – ROSO III. Filed by
Josh Springer of Property Pros on behalf of Scott & Elizabeth Herman, owners.
General Info & Analysis:
The Petitioner seeks approval to install a swimming pool, decking, and landscaping in the back yard. The pool
& its decking will encroach 14.5 feet into a 50-ft wide drainage easement, which is also a county legal drain that
is also un-mapped floodplain area. A 15-ft wide drainage and utility easement also runs along the east side of
the lot. Please see the Petitioner’s info packet for more detail on the variance request.
The Petitioner has worked extensively with the Carmel Engineering Dept. and the Hamilton County Surveyor’s
Office to address concerns about grading, drainage, and fill. The drainage easement along the rear of the
property is also an un-mapped floodplain. The Petitioner has addressed most of those agencies’ concerns about
fill in the floodplain. The Hamilton County Surveyor's Office is also requiring approval of the encroachment of
a structure into their regulated drain easement via Nonenforcement of Drainage Easement approval. And, the
Carmel Engineering Dept. is also requiring Board of Public Works (BPW) Consent to Encroach approval.
The Overbrook Farms Homeowners Association approval has been granted.
The Petitioner addressed all but one planning/zoning review comment: Please verify with the Carmel
Engineering Dept. and the County Surveyor's Office that the landscape boulders are allowed in the 15-ft wide
easement that is located along the east side of the lot.
The Planning Dept. supports the variance request.
Findings of Fact:
Please refer to the Petitioner’s Findings of Facts included in their BZA Info Packet.
Recommendation:
The Dept. of Community Services (DOCS) recommends positive consideration of Docket No. PZ-2022-00064
V, with the conditions of Drainage Board approval of a Nonenforcement of Drainage Easement application and
BPW Consent to Encroach approval, and with adoption of the Findings of Fact submitted by the Petitioner.