HomeMy WebLinkAboutPacket for HO 09-26-22 Memo
Re: Harlan Pool Setback Variance
Docket No. PZ-2022-00178 V UDO Section 5.02.C.7 Pools & their decking must
be located at least 3-ft away from any easement; 8-ft encroachment into easement
requested.
Homeowner proposes to install swimming pool, concrete deck and retaining wall inside a
non-functional drainage easement that backs up to a 5 acre wooded parcel owned by the City of
Carmel. Lot is irregular in shape and sits on the end of a cul-de-sac. The encroachment is
approximately 40’ from the west property line and 80’ from east property line.
Statement of Variance Request:
Homeowner is requesting a variance to place a swimming pool deck and retaining wall 8’ into a
10’ drainage easement in order to keep the swimming pool at a safe distance from the house as
well as upper level deck.
Statement of Support:
The 10’ drainage easement in question does not provide any directed flows of water with
drainage simply sheeting across it back to the 5 acre woods owned by the city. Nor does
easement provide critical access for drainage related infrastructure or conveyance points.
Homeowner feels that the benefits of keeping the pool further away from house far outweighs
any detrimental effects of encroaching into this particular drainage easement . Shifting pool east
is constrained by an existing raised patio and grading issues. Shifting pool west would get into
even more severe grading issues and closer to the west property line which also gets further
outside our HOA’s guidelines of keeping pool as much behind home as possible.
Hamilton County, Indiana
September 14, 2022 0 0.2 0.40.1 mi
0 0.3 0.60.15 km
1:12,000
Author: Hamilton County
Hamilton County compiled this map. Although strict accuracy standards have been employed, Hamilton County does not warrant or guarantee the accuracy of the information contained herein and disclaims any and all liability resulting from any error or omission.
Hamilton County, Indiana
Address Points
Minor Roads
Subdivisions
Parcels
June 14, 2022
0 0.01 0.030.01 mi
0 0.03 0.050.01 km
1:960
Author: Hamilton County
Hamilton County compiled this map. Although strict accuracy standards have been employed, Hamilton County does not warrant or guarantee the accuracy of the information contained herein and
1
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Variable Speed Drive Assembly
Communication port for connection to
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(not shown)
Operator Control Panel Cover
Buttons and LED (Beneath)
Strain Relief Port
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Motor Stand
Haverstick Homeowners Association, Inc.
3002 East 56th Street
Indianapolis, IN 46220
317-253-1401
8/29/2022
MATTHEW and SHANNON HARLAN
13970 SAND CHERRY COURT
CARMEL, IN 46033
RE: 13970 SAND CHERRY COURT
Lot#: SR35
Dear MATTHEW and SHANNON HARLAN:
The improvement request that you sent in regarding a Swimming Pool was received and
approved by the Architectural Control Committee.
• You are still required to follow up with your local municipality to determine if a permit is
necessary for your improvement.
• If there are any changes to the easement (drainage changed or altered) The committee
would need to know prior to the changes happening so they can review if it would affect
other neighboring properties.
• The committee also noted they will need a copy of your easement waiver from the City and
your pool permit-this will be kept with your pool approval.
• It is highly recommended that you have the property lines properly marked before any
fence installation.
• If your improvement is going into an easement- be aware that if the local utilities or
city/county need access to this easement they can require you to remove your improvement
at your expense.
You have 90 days from beginning of the project to complete the updates unless you apply to the
committee for an extension.
Any questions please feel free to contact Robin Guyon at rguyon@ardsleymgmt.com.
Thank you,
Haverstick Homeowners Association, Inc.
FINDINGS OF FACT SHEET - DEVELOPMENT STANDARDS VALIANCE
CARMEL ADVISORY BOARD OF ZONING APPEALS
(Petitioner to fill out 1-3 + first two blanks)
Docket No.: 1 2 — 7-PZ Z- ^ ®,01 7$ V
Petitioner: Ho+ - + n #LM l��tll
The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the
community because:
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2. The use and value of the area adjacent to the property included in the variance will not be affected in a
substantially adverse manner because:
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3. The strict application of the terms of the Unified Development to the property will result in practical difficulties in
the use of the property because:
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DFCISI(�N
IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket
No. is granted, subject to any conditions stated in the minutes of this Board, which are
incorporated herein by reference and made a part hereof.
Adopted this
day of
HEARING OFFICER, Carmel Board of Zoning Appeals
SECRETARY, Carmel Board of Zoning Appeals
20
Conditions of approval of the Board, if any, are listed on the Letter of Grant.
Page 7 of 12 File: Document1 Revised: 01/03/2022