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CARMEL BOARD OF ZONING APPEALS | HEARING OFFICER
DEPARTMENT REPORT
MONDAY, JANUARY 23, 2023
(V) Samson Residence, Pool Variances.
The applicant seeks the following development standards variance approvals:
3. Docket No. PZ-2022-00249 V UDO Section 2.08 Max. 35% lot cover allowed, 46% requested.
4. Docket No. PZ-2022-00250 V UDO Section 5.02(C)(7) Pools & their decking must be located at
least 3-ft away from any easement and 10-ft away from property lines; 2-ft encroachment into
easement requested and 7’9” rear setback requested. The site is located at 799 Spruce Dr. (Smokey
Knoll Subdivision Lot 152). The site is zoned R1/Residence. Filed by Zachary Samson, owner.
General Info & Analysis:
The Petitioner seeks approval to install a swimming pool, patio decking, and pool equipment in the back yard.
Variances are requested for lot coverage and for pool deck location/setback. Please see the Petitioner’s info
packet for more detail on the variance requests.
Lot Cover: Items that count towards lot cover are building footprints, driveways, sidewalks, pools, patios, etc.
The maximum allowed lot cover in the R1 zoning district is 35%; 46% is requested. This is a variance of 11%.
Pool Setback: Swimming pools, their decking, and equipment are required to be located at least 3-ft away from
any easement. The Petitioner requests the pool’s decking to encroach 2-ft into the 10-ft-wide drainage
easement. The pool’s decking will be located 7’9 feet from the rear property line. Also, since encroachment
into a drainage easement is proposed, the Petitioner asked for Consent to Encroach approval from the Board of
Public Works & Safety (BPW) at their January 18 meeting.
Homeowners Association approval has been granted.
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 PZ-2022-00249 V and PZ-
2022-00250 V, with adoption of the Findings of Fact submitted by the Petitioner.