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CARMEL BOARD OF ZONING APPEALS HEARING OFFICER
DEPARTMENT REPORT
TUESDAY, DECEMBER 12, 2023
(V) Chukkapalli Swim Spa Pool Setback Variance.
The applicant seeks the following development standards variance approval:
4. Docket No. PZ-2023-00268 V UDO Section 5.02 Minimum swimming pool & decking
setback must be 3-ft from easement, 3-ft encroachment into easement requested. The site is located at
12048 Eagleview Dr. (Sanctuary at 116th Street Subdivision, Section 4B, Lot 114). It is zoned S1/
Residence - ROSO III. Filed by Pavan Chukkapalli, owner.
General Info:
• The Petitioner seeks approval for a swim spa to encroach into the rear 15-ft wide drainage & utility easement
by approximately 3 feet.
• The site is a Corner Lot with two street frontages.
• The site is located in the Sanctuary at 116th Street Subdivision, which was platted under a version of the
Residential Open Space Ordinance (which no longer exists), where lots were built smaller with relaxed lot
coverage standards and other similar standards, in exchange for developers providing more overall open
space via common areas, ponds, etc.
• Surrounding this site are single family residential homes.
• A Homeowners’ Association (HOA) does exist, and an approval letter has been received.
• Please see the Petitioner’s info packet for more detail on the variance request.
Variance Requested:
Rear Setback -
• The UDO states that the minimum swimming pool & decking setback must be 3-ft from easements, and a 3-
ft encroachment into easement is requested.
• The swim spa will still have a 12-ft setback from the west/rear property line.
• The Carmel Engineering Dept. has no concern with the lot cover percentage and are supportive of Consent to
Encroach approval by the Board of Public Wors & Safety. (The Petitioner needs to finish that process).
• The Hamilton County Surveyor’s Office has approved the request (with the Hamilton County Drainage
Board approval of the Non-Enforcement of Drainage Easement).
Review Comments:
• The Petitioner addressed all planning/zoning review comments.
Final Comments:
• The Planning Dept. supports the variance request, since the Carmel Engineering Dept. and the Hamilton
County Surveyor’s Office have no concerns with the requested variance.
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, with
the condition of receiving final Consent to Encroach approval from the Board of Public Works & Safety, and
with adoption of the Findings of Fact submitted by the Petitioner.