HomeMy WebLinkAboutFindings of Fact -DEVELOPMENT STANDARDS VARIANCE
CARMEL ADVISORY BOARD OF ZONING APPEALS
(Petitioner to fill out 1-3 +first two blanks)
Docket No.. PZ-2023-00121 V
Petitioner Matthew E.Harms on behalf of Thomas and Jacquelyn Fagan
1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the
community because:
The approval of the variance merely allows the owners to complete a backyard enhancement similar in size and scope
to many other projects of this nature. The approval will allow the family to use and enjoy their backyard in a manner
consistent with the desires of any reasonable homeowner,is restncted to their own property, and will utilize all safety measures
typical of a project of this sort including but not limited to automatic pool cover,code required handrails, and depth requirements.
2 The use and value of the area adjacent to the property included in the variance will not be affected in a substantially
adverse manner because:
The entirety of the project is limited exclusively to the homeowners'backyard without encroachment upon any existing
lot lines,boundaries,easements,or the necessity for additional UDO code variances. The plan calls for added privacy
in the owners'backyard and includes a comprehensive drainage plan not currently present. It will not affect the adjacent
owners in any significant way
3. The strict application of the terms of the Unified Development to the property will result in practical difficulties in the
use of the property because:
While it would not preclude the ability to build a swimming pool,strict application of the UDO code would only allow for
a minimum apron around the pool leaving no space for deck chairs around the pool,entertaining space for tables,chairs.
and other outdoor entertaining,and most notably,would provide for no access to reach the swimming pool from the home.
DECISION
I14S THEREFORE the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No.
Z' 2027 -00121 V is granted, subject to any conditions stated in the minutes of this Board, which are
incorporated herein by reference and made a part hereof.//
Adopted lQ day of V HG , 20 q4.
RING OFF ER, Carmel
of Zoning Appeals
SECRETAR Carmel Board of Zoning Appeals
Conditions of approval of the Board, if any, are listed on the Letter of Grant.
gin "
4 fcrlievi 400 ,taa vo
60? G.a"y °.'*e-`i (/1/�‘Dvq/ --