HomeMy WebLinkAboutFindings of Fact CARMEL ADVISORY BOARD OF ZONING APPEALS HEARING OFFICER
CARMEL, INDIANA
Docket No.: PZ-2023-00236 V
Petitioner: Paul and Amanda Hanna
Request: Silvera PUD, Section 5.2 and UDO Section 5.02 (C) (7) (a) Private Swimming Pool
Minimum Rear Yard Setback — Minimum rear yard setback for swimming pool/pool
deck to be 3' from any Easement; requesting rear yard setback for swimming pool/pool
deck and small concrete pad for pool equipment to be 0' from an Easement.
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE
1. The approval of the requested variances will not be injurious to the public health, safety, morals
and general welfare of the community because:
The approval of the requested variance will not be injurious to the public health, safety, morals
and general welfare of the community because the proposed custom residential home, including
the pool and pool deck, have been designed to be consistent and compatible to the other custom
homes that are built and will be built in this section of the Jackson's Grant community and
development of the site will comply with all other standards and requirements related to
drainage and the variance only requests the relief necessary to accommodate development on
the Real Estate for the construction of an appropriately sized pool and pool deck. If approved,
the request should not result in any negative impacts to the public health, safety, morals and
general welfare of the community.
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 use and value of the area adjacent to the real estate that is the subject of the requested
variance will not be affected in a substantially adverse manner because the proposed use is a
permitted use on the Real Estate and the site will comply with all other standards and
requirements related to drainage and the variance only requests the relief necessary to
accommodate the construction of an appropriately sized pool and pool deck on the Real Estate.
Further, the proposed custom home to be built on the Real Estate is well-designed, aesthetically
and architecturally appealing., and, as a result, the requested variance should not have a
substantially adverse impact on the use and value of the area adjacent to the subject Real
Estate.
3. The strict application of the terms of the Zoning Ordinance to the property will result in
practical difficulties in the use of the property because:
The application of the UDO Section 5.02 (C) (7) (a) pertaining to private swimming pools and
the minimum rear yard setback provision results in practical difficulties in the use of the site
because the proposed pool/pool deck and small concrete pad for pool equipment, in order to be
of a size that is appropriate and practical, is located along the 30' rear Drainage and Utility
Easement, but not inside of the 30' rear Drainage and Utility Easement. Development of the
site will comply with all other standards and requirements related to drainage and the variance
Page 1 of 2
only requests the relief necessary to accommodate development on the Real Estate. As other
pools have been installed for homes in the Jackson's Grant community, the Applicant desires to
install a pool and pool deck that is an appropriate and practical size. Due to the foregoing,
absent approval of the requested variance pertaining to the rear setback for a pool/pool deck
and small concrete pad, the Applicant will be substantially impacted on how it is able to design
an appropriately sized pool and pool deck for its use on the Real Estate.
DECISION
IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals Hearing Officer that
Development Standards Variance Docket No. PZ-2023-00236 V is granted, subject to any conditions
stated in the minutes of this meeting, which are incorporated herein by reference and made a part
hereof.
Adopted this 27 day of Nove b r, 2023.
BOARD OF ONING APPE LS HEARING OFFICER
CRETARY, Carmel Board of Zoning Appeals
Conditions of the Board are listed on the back. (Petitioner or his representative to sign).
Page 2 of 2