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HomeMy WebLinkAboutDepartment Report 08-22-2210 of 22 CARMEL BOARD OF ZONING APPEALS | HEARING OFFICER DEPARTMENT REPORT MONDAY, AUGUST 22, 2022 (V) Hubler Accessory Structures Variances. The applicant seeks the following development standards variance approvals: 11. Docket No. PZ-2022-00137 V PUD Ordinance Z-465-04, Section 6.1 – Accessory Buildings and Swimming Pools must be located behind primary structure, Pool house and pool to encroach 38.5’ north of house. 12. Docket No. PZ-2022-00141 V PUD Ordinance Z-465-04, Section 6.1 – Accessory structures and Swimming Pools must be 3-ft off easement; 0’ from easement requested. The site is located at 13350 Mercer St. (Village of WestClay subdivision Section 9003 Lot 25). It is zoned Village of WestClay PUD/Planned Unit Development. Filed by Christina Hubler Lyskava, owner. General Info & Analysis: The Petitioner seeks approval to install a swimming pool and cabana type accessory structure on the northwest portion of the lot. Since the lot is a Corner Lot, it has two street frontages, hence two front yards. The Petitioner also seeks approval to install the improvements 0-ft from an easement, rather than 3-ft off the easement. Please see the Petitioner’s info packet for more detail on the variance request. Accessory uses/structures are not allowed in a front yard. And, an accessory structure/use on a Corner Lot cannot be forward for any principal building. The Petitioner requests the improvements to encroach approximately 38.5 feet north of the house. Also, the UDO (Unified Development Ordinance) requires that accessory structures and buildings be located at least three feet off of any easement. The Petitioner requests to place the improvements right on that easement with a 0 foot setback. This easement runs north-south along the west side of the lot. It is a 10-ft wide drainage, utility, and sewer easement. Any landscaping or hardscape structures proposed should be located outside of that 10 foot wide easement. Otherwise, the Petitioner will also need to seek Consent to Encroach approval from the Board of Public Works and Safety. That application is administered through the Carmel Engineering Department. The Village of WestClay homeowners’ association architectural review board has reviewed and approved the project. And, the pool pump motor is made so that it produces “low noise”. The Petitioner addressed all planning/zoning review comments. The Planning Dept. supports the vari ance requests. 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 Nos. PZ-2022-00137 and PZ-2022-00141 V with the condition of seeking BPW Consent to Encroach approvals for any landscaping/hardscape encroaching into the easement, and with adoption of the Findings of Fact submitted by the Petitioner.