HomeMy WebLinkAboutDepartment Report 08-28-23
CARMEL BOARD OF ZONING APPEALS HEARING OFFICER
DEPARTMENT REPORT
MONDAY, AUGUST 28, 2023
(V) Lovik Residence, Accessory Building/Use Setback Variance.
The applicant seeks the following development standards variance approval for a pool and pavilion:
8. Docket No. PZ-2023-00180 V UDO Section 5.02(C)(7) Minimum 3-ft setback from
easement required for Accessory Building/Use, 8’ encroachment requested. The site is located at 14330
Overbrook Dr. (Overbrook Farms Subdivision, Lot 51). It is zoned S1/Residence – ROSO III. Filed by Rob
Shea of Oasis Outdoor Living & Landscapes, on behalf of Kenneth Lovik, owner.
General Info:
• The Petitioner seeks approval for an open air pavilion and a swimming pool with decking in the back yard.
• A 30-ft wide drainage and utility easement and a 15-ft wide landscape easement run along the rear of the lot.
• The site is located in the Overbrook Farms residential neighborhood.
• Surrounding this site are single family detached residential homes.
• Homeowners’ Association approval has been granted.
• Please see the Petitioner’s info packet for more detail on the variance request.
Variance Requested:
Accessory Structure/Use Setback -
• The UDO (Unified Development Ordinance) allows minimum 3-ft setback from an easement for accessory
buildings and uses; an 8-ft encroachment into the easement is requested. This is a variance request of 11-ft.
• A 35’ x 14’ swimming pool is proposed, as well as an 18’ x 18’ covered structure/pavilion.
• The Carmel Engineering Dept. has no issues with the variance request, but they will require Consent to
Encroach (CTE) approval from the BPW (Carmel Board of Public Works & Safety). The CTE item was
approved at the Aug. 16 BPW meeting, with case CO-2023-0012.
• The Petitioner already has approval from the Hamilton Co. Drainage Board.
Review Comments:
• The Petitioner addressed all planning/zoning review comments.
Final 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 this variance request, and
with adoption of the Findings of Fact submitted by the Petitioner.