HomeMy WebLinkAboutDepartment Report 03-27-23
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CARMEL BOARD OF ZONING APPEALS | HEARING OFFICER
DEPARTMENT REPORT
MONDAY, MARCH 27, 2023
(V) Goyal Residence Variances.
The applicant seeks the following development standards variance approvals:
11. Docket No. PZ-2023-00054 V UDO Section 2.04 Minimum 30’ front yard building
setback allowed, 25’ requested.
Docket No. PZ-2023-00055 V UDO Section 5.02 Minimum pool & decking setback must be
3-ft from easement; 10-ft encroachment requested into Tree Preservation Easement.
The site is located at 10520 Woodhall Ln. (Woodhall Lane Subdivision Lot 1). It is zoned S1/Residence.
Filed by Shashwat & Sajal Goyal, owners.
General Info & Analysis:
• The Petitioner proposes to build new house with garage and swimming pool.
• Single family detached homes surround the subject site to the south, east and west, and a common area /
detention pond is located to the north.
• The subject lot is located in the Woodhall Lane residential subdivision and is pie-shaped (triangular shaped).
• The two variances requested are for front yard building setback and for a swimming pool encroachment into
a Tree Preservation Easement.
• Please see the Petitioner’s info packet for more detail on the variance requests.
Variances Requested:
Front Setback:
• A minimum 30-ft front yard building setback is allowed for this neighborhood.
• A 25-ft wide tree preservation easement runs along the rear (west side) of the lot, and a 25-ft wide
regulated drain and utility easement is located along the front (east side) of the lot.
• A 5-ft variance is requested for a 25-ft front yard setback. This is a variance of 5 feet, or a 16 % change.
• The house will not encroach into the RD&UE area.
Pool Encroachment:
• Minimum pool & decking setbacks required are at least 3-ft from easements; a 10-ft encroachment
requested into Tree Preservation Easement (TPE).
• The total area of proposed encroachment is approximately 500 sq. ft. in area (50-ft long by 10-ft wide).
• The Carmel Forestry Dept. is supportive of only this small encroachment of 333 sq. ft. into the easement.
The rest of the easement area needs to remain untouched and remain as tree preservation.
• An additional 25-ft wide tree preservation area (that is not an easement) is proposed along the south
property line to help mitigate the loss of trees and encroachment in the platted Tree Preservation Easement.
• The Petitioner plans to preserve most of the TPE area: over 3,200 sq. ft. (218-ft. x 15-ft.).
• For the new, additional tree preservation area along the south property line, most of this area is already
covered with trees/vegetation. The Petitioner plans to allow the remaining area to naturalize and grow with
trees and vegetation over time.
• On a separate but related note, the pool pump equipment will be of a quiet design, with reduced
noise/vibrations.
Remaining Review Comments:
• None. All addressed.
Final Comments:
• HOA (Homeowners Association) approval has been granted.
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• The reduced front yard building setback will allow the proposed site buildout to shift closer to the street
and not encroach as much into the Tree Preservation Easement.
• The Carmel Engineering Dept. has no comments on these variances.
• The Planning Dept. supports the variance requests, with the conditions listed in Recommendation, below.
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 these two variance
requests, with the conditions of only allowing a 500 sq. ft. encroachment into the TPA, maintaining a 25-ft
wide tree preservation area (not easement) along the south property line, and with adoption of the Findings
of Fact submitted by the Petitioner.