HomeMy WebLinkAboutDepartment Report 11-27-2311 of 20
CARMEL BOARD OF ZONING APPEALS HEARING OFFICER
DEPARTMENT REPORT
MONDAY, NOVEMBER 27, 2023
(V) Claybrook Residence, Pool Variances.
The applicant seeks the following development standards variance approvals:
14. Docket No. PZ-2023-00255 V UDO Section 2.10 Maximum 35% lot coverage allowed;
49% proposed.
15. Docket No. PZ-2023-00256 V UDO Section 5.02(C)(7) Swimming pool, decking, and
equipment must be at least 10-ft from side/rear property lines, 3-ft and 8.5-ft requested.
The site is located at 811 Oswego Rd. (Newark Addition, Lot 109). It is zoned R2/Residence. Filed by
Frederick William Claybrook (Bill), owner.
General Info:
• The Petitioner seeks approval for a new swimming pool, decking, and pool equipment in the back yard.
• The site is located in an older residential subdivision, so there is no active HOA (Homeowners’ Association).
• Surrounding this site are single family residential homes.
• Please see the Petitioner’s info packet for more detail on the variance requests.
Variances Requested:
Lot Coverage -
• The UDO allows for a maximum of 35% lot coverage in the R2 zone, and 49% is requested. This is a
variance for an increase of 14%.
• The Carmel Engineering Dept. requires on-site stormwater detention, or payment into the Stormwater
Fund/Fee. (Payment was made by the Petitioner, already.)
Setbacks -
• The UDO requires pools, decking, and equipment to be located at least 10-ft from the property lines.
• The Petitioner proposes a 3-ft setback from the side property line for the pool decking, and an 8.52-ft setback
from the south property line for the pool equipment.
• This is a 7-ft variance, or a 70% change, for the proposed pool decking setback, and a 1.5-ft variance, or a
14.8% change, for the proposed pool equipment setback.
• The pool pump equipment will be of a quiet design with low noise & vibrations.
Remaining Review Comments:
• The Petitioner addressed all planning/zoning review comments.
Final Comments:
• The Planning Dept. supports the variance requests, since the Petitioner addressed the Stormwater Fund
requirements of the Carmel Engineering Dept. and since no remonstrance has been voiced by the
surrounding adjacent neighbors.
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 the variance requests,
and with adoption of the Findings of Fact submitted by the Petitioner.