HomeMy WebLinkAboutDepartment Report 11-27-234 of 20
CARMEL BOARD OF ZONING APPEALS HEARING OFFICER
DEPARTMENT REPORT
MONDAY, NOVEMBER 27, 2023
(V) Hanna Residence, Pool Setback Variance.
The applicant seeks the following development standards variance approval:
5. Docket No. PZ-2023-00236 V Silvara PUD Section 5.2 and UDO Section 5.02(C)(7)
Minimum 3-ft setback from easement required, 0-ft setback and 1-ft encroachment requested.
The site is located at 518 Almond Creek Dr. (Jackson’s Grant on Williams Creek Subdivision, Lot 330). It
is zoned Silvara PUD/Planned Unit Development (Ordinance Z-652-20), The Estates/Northvale planning
area. Filed by Jim Shinaver of Nelson & Frankenberger, LLC on behalf of Paul Hanna, owner.
General Info:
• The Petitioner seeks approval for a new house with a swimming pool, decking and pool equipment.
• A variance is requested for pool setback and for pool equipment setback.
• A prior variance was just granted for Lot Coverage, with docket no. PZ-2023-00176 V.
• The site is located in the Jackson’s Grant on Williams Creek Subdivision. HOA approval has been granted.
• Surrounding this site are single family residential homes.
• Please see the Petitioner’s info packet for more detail on the variance request.
Variance Requested:
Setback -
• The UDO requires an accessory structure to be setback back as least 3-ft from any easement.
• The Petitioner requests 0-ft setback from a 30-ft wide drainage and utility easement.
• The pool, concrete decking, and pool equipment will abut the easement, but will not encroach into it.
• The pool pump equipment will be of a quiet design will little noise and vibrations.
• The Carmel Engineering Dept. will no longer require BPW Consent to Encroach approval, since none of the
structures will be encroaching into the easement anymore.
Review Comments:
• The Petitioner addressed all planning/zoning review comments.
Final Comments:
• The Planning Dept. supports the variance request, since the Carmel Engineering Dept. has no concerns with
the proposed pool/decking location, since it will not be encroaching into the easement, just abutting it.
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.