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CARMEL BOARD OF ZONING APPEALS HEARING OFFICER
DEPARTMENT REPORT
MONDAY, JANUARY 22, 2024
(V) Fehr Lot Cover Variance.
The applicant seeks the following development standards variance approval for a pergola/gazebo addition:
9. Docket No. PZ-2023-00295 V UDO Section 2.04 Maximum 35% lot cover allowed, 42-
47% requested. The site is located at 10382 Charter Oaks (Windemere Subdivision, Lot 67). It is zoned
S1/Residence. Filed by Neil Fehr, owner.
General Info:
• The Petitioner seeks approval for a pergola/gazebo area to go by the existing swimming pool.
• A variance is requested for exceeding the maximum allowed lot coverage.
• The site is located in Windemere Subdivision, and HOA (Homeowners Association) approval was 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:
Lot Coverage -
• The UDO allows for a maximum 35% lot cover and 42-47% is requested. This is a variance of 7-12%.
• The pergola/gazebo will be placed in the area south of the existing swimming pool.
• The 16’x 28’ footprint structure will match the colors of the house.
• It will be around 12-14 feet tall.
• Windemere neighborhood has two stormwater detention ponds in the development, which aid in stormwater
detention and stormwater quality for the neighborhood.
• The Carmel Engineering Dept. is aware of this lot coverage variance request and has approved this variance
case in ProjectDox, our online electronic plan review software.
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 slight addition of lot coverage.
• The structure will add value to the property and to the neighborhood.
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
adoption of the Findings of Fact submitted by the Petitioner.