HomeMy WebLinkAboutDepartment Report 06-26-23CARMEL BOARD OF ZONING APPEALS HEARING OFFICER
DEPARTMENT REPORT
MONDAY, JUNE 26, 2023
(V) Fagan Residence, Lot Cover Variance.
The applicant seeks the following development standards variance approval for a pool and patio:
6. Docket No. PZ-2023-00121 V UDO Section 2.08 Maximum 35% lot cover allowed, 42%
requested. The site is located at 14397 Jeremy Drive (Foster Estates Subdivision, Lot 235). It is zoned
R1/Residence. Filed by Matthew Harms of Modish Pools, LLC on behalf of Thomas Fagan Jr. and
Jacquelyne Fagan, owners.
General Info:
• The Petitioner proposes to install a swimming pool, concrete decking, and landscaping in their back yard.
• Single family detached homes surround the subject site.
• Please see the Petitioner’s info packet for more detail on the variance request.
Variance Requested:
Lot Coverage -
• Per the Unified Development Ordinance, the maximum allowed lot coverage is 35%, and the request is for
42%. This is a variance of 7%.
• The pool and decking will not encroach into any easements.
• A 7.5-ft wide utility easement runs along the east and north sides of the lot, a 15-ft wide drainage & sewer
easement runs along the south side of the lot, and a 15-ft wide utility easement runs along the front/west side.
• HOA (homeowners association) approval has been granted.
Remaining Review Comments:
• The Petitioner addressed all planning/zoning review comments.
Final Comments:
• The drainage in this neighborhood was enhanced by the City (and the HOA) in 2017-18.
• The Carmel Engineering Dept. issued a few review comments in ProjectDox, our online electronic plan
review software, regarding the proposed site plan.
• Also, the City Engineer is currently reviewing the proposal. The Department’s position on the variance
request is planned to be provided by the start of the BZA Hearing Officer meeting, if not sooner.
• The Planning Dept. supports the variance requests.
• The BZA is not a precedent-setting body; each petition is reviewed on its own merits.
Findings of Fact:
• Please refer to the Petitioner’s Findings of Facts included in their BZA Info Packet.
Recommendation:
• After all comments have been addressed, the Dept. of Community Services (DOCS) recommends positive
consideration of the variance request, with the condition of final Carmel Engineering Dept. approval, and
with adoption of the Findings of Fact submitted by the Petitioner.