HomeMy WebLinkAboutDepartment Report 09-26-22
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CARMEL BOARD OF ZONING APPEALS | HEARING OFFICER
DEPARTMENT REPORT
MONDAY, SEPTEMBER 26, 2022
(V) Harlan Pool Setback Variance.
The applicant seeks the following development standards variance approval:
6. 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.
The site is located at 13970 Sand Cherry Ct. (Settler’s Ridge at Haverstick Subdivision, Lot 35). It is zoned
S1/Residence – Cluster. Filed by Daniel Majestic of Perma Pools and by Matt Harlan, owner.
General Info & Analysis:
The Petitioner seeks approval to install a swimming pool, retaining wall, and boulders in the back yard. A small
triangular area of the pool & its decking will encroach 8 feet into a 10-ft wide drainage easement that runs along
the rear/south property line. Please see the Petitioner’s info packet for more detail on the variance request.
The Carmel Engineering Dept. is supportive of this variance request. They are also requiring Board of Public
Works & Safety ‘Consent to Encroach’ approval for encroachment into the easement.
The Settler’s Ridge at Haverstick Homeowners Association has also approved the project.
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 BZA Info Packet.
Recommendation:
The Dept. of Community Services (DOCS) recommends positive consideration of Docket No PZ-2022-00178
V, with the condition of BPW Consent to Encroach approval, and with adoption of the Findings of Fact
submitted by the Petitioner.