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CARMEL BOARD OF ZONING APPEALS | REGULAR MEETING
DEPARTMENT REPORT
MONDAY, OCTOBER 24, 2022
(SU) Irsay Pond Special Use.
The applicant seeks the following special use approval for a man-made pond:
2. Docket No. PZ-2022-00180 SU UDO Section 2.03 Special Use, Artificial Lake or Pond
(Non-platted). The site is located just west of 11700 Clay Center Rd. and is zoned S1/Residence. Filed
by Brian Brown of Stoeppelwerth & Associates, Inc.
General Info & Analysis:
The Petitioner seeks approval to construct a 3-acre private artificial pond that is man-made. Surrounding land
uses are estate residential parcels of land with single family detached homes. Please see the Petitioner’s
informational packet for more detail on the special use request.
Artificial Lakes or Ponds (Non-platted) require Special Use approval from the Board of Zoning Appeals for
sites located in the S1/Residence zoning district. In general, special uses shall be viewed favorably by the Board
of Zoning Appeals, as directed by UDO Section 9.09.A.
The Petitioner is working with each Technical Advisory Committee (TAC) member to gain reviews and
approvals. Also, the Carmel Engineering Dept. is reviewing the stormwater permit for this project (SW-2022-
00039).
Planning Staff asked the Petitioner about trees and landscaping. It would be nice for the pond to be surrounded
with a few native shade trees. It would be a benefit to the pond, and its users, especially in the summer. The
owner has hired a landscaping company to come up with a landscape plan for trees around the pond.
Per UDO Section 1.07, compliance with the Transportation Plan (in the Comprehensive Plan) is also required.
Dedication of street right of way (ROW) and a 10-ft wide multiuse path is required along 116th Street (or
payment for what it would cost to construct said path is required into the Non-Reverting Thoroughfare Fund).
The owner’s attorneys are working toward an easement for this project, instead of a street right of way
dedication.
The Petitioner addressed all planning/zoning review comments. The Planning Dept. supports the special use
request, with the condition of the Petitioner addressing all remaining TAC review comments.
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-2022-00180
SU, with the condition of addressing all remaining TAC review comments, and with the adoption of the
findings of fact submitted by the Petitioner.