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HomeMy WebLinkAboutDepartment Report 11-27-235 of 20 CARMEL BOARD OF ZONING APPEALS HEARING OFFICER DEPARTMENT REPORT MONDAY, NOVEMBER 27, 2023 (V) Bayless Residence, Swimming Pool Variances. The applicant seeks the following development standards variance approvals: 6. Docket No. PZ-2023-00238 V UDO Section 2.06 Lot Coverage - Maximum 35% lot coverage allowed, 51% requested. 7. Docket No. PZ-2023-00239 V UDO Section 5.02.C.7 Side Setback - a swimming pool, hot tub, or its deck or equipment shall be set back a minimum of the greater of the following: 10-ft from the side lot line and rear lot line, or be 3-ft from any easement (4-ft side setback from lot line requested). 8. Docket No. PZ-2023-00240 V UDO Section 5.02.B Rear Setback - on Through Lots no residential accessory building shall be erected forward of any principal building, or in any required minimum yard (Minimum 20-ft setback required, 4-ft setback requested). The site is located at 12164 Teal Lane (Spring Lake Estates Subdivision, Lot 41) and is zoned S2/Residence. Filed by Evan Bayless, owner. General Info: • The Petitioner seeks approval for a new 15’ x 28’ swimming pool with surrounding concrete decking. • The subject site is a Through Lot that has frontage on two streets. • BZA variances are requested for lot coverage, side setback, and rear/west setback. • The site is located in the Spring Lake Estates Subdivision. • Surrounding this site are single family residential homes. • Homeowners’ Association (HOA) approval has been granted. • Please see the Petitioner’s info packet for more detail on the variance requests. Variances Requested: Lot Coverage - • The UDO allows for a maximum 35% lot coverage on this lot; the Petitioner requests 51%. This is a variance of 16% . • The Carmel Engineering Dept. has no concerns with the variances, since the lot is located within a master planned subdivision with an overall drainage plan for the neighborhood, so they aren’t concerned about the lot coverage due to area stormwater detention already being provided. North/Side Setback - • Per the UDO, a swimming pool, hot tub, or its deck or equipment shall be set back a minimum of the greater of the following: 10-ft from the side lot line and rear lot line or be 3-ft from any easement. A 4-ft side setback from lot line is requested. This is a variance of 6 feet or a 60% decrease. • No easements exist along the north property line or the west property line. • While the pool’s concrete/decking will be located 4’ from the side property line, the actual pool will be 6’8”. West/Rear Setback - • For Through Lots, the UDO states that no residential accessory building/use shall be erected forward of any principal building, or in any required minimum yard. (A minimum 20-ft setback is required, and a 4-ft setback is requested. This is a variance of 16 feet, or an 80% decrease. • The lot is a Through Lot, with street frontages along both the west and east property lines. • No easements exist along the west property line or the north property line. • The west side of the lot is used more as a backyard area. • A decorative metal perimeter fence and mature trees and shrubs exist along the west property lines of all lots that abut Springhill Rd. in this neighborhood. • The backyard depth is around 36 feet. There is little room after the outdoor patio and perimeter neighborhood landscaping take up space, in addition to the 13’ x 13’ existing screened in porch. 6 of 20 Remaining Review Comments: • Findings of Fact sheets need to be filled out and provided for each variance request, separately. • Provide the pool pump equipment details/specs, showing that it is of a quiet design with low noise/vibrations. Final Comments: • The Planning Dept. supports the variance requests, since the Carmel Engineering Dept. has no concerns with the proposed lot cover percentage, and also since the lot is a Through Lot. • The west lot line is heavily screened with evergreen trees and landscaping, and it acts more like a rear lot line, even though it has street frontage on Springmill Rd. 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 variance requests, and with adoption of the Findings of Fact submitted by the Petitioner.