HomeMy WebLinkAboutDepartment Report 05-28-242 of 14
CARMEL BOARD OF ZONING APPEALS HEARING OFFICER
DEPARTMENT REPORT
TUESDAY, MAY 28, 2024
(V) Fuson Residence, Pergola Setback Variance.
The applicant seeks the following development standards variance approval:
3. Docket No. PZ-2024-00058 V Silvara PUD Section 6.1 Minimum 15-ft front yard
building setback required; 3.5-ft encroachment requested.
The site is located at 536 Terhune Lane (Jackson’s Grant on Williams Creek Subdivision, Lot 272). It is
zoned Silvara PUD/Planned Unit Development (Ordinance Z-652-20). Filed by Charles Damler of
Homestead Outdoor Living, on behalf of Karen & Wayne Fuson, owners.
General Info:
• The site is a Corner Lot with two street frontages, hence two front yards.
• The Petitioner seeks approval for a pergola and patio to encroach into the minimum front building setback
line along the west side of the lot.
• The 15-ft wide buildng setback line is also a 15-ft wide drainage and utility easement.
• Related pending building permit is B-2024-00358.
• The site is located in Jackson’s Grant on Williams Creek Subdivision, and HOA (Homeowners Association)
approval has been 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:
Accessory Building Setback -
• The UDO requires that Accessory Buildings on a corner lot shall not be erected forward of any building or in
any required minimum front yard.
• The required minimum front yard building setback for this lot is 15 feet, and 11.5 feet is proposed. This is a
3.5 foot variance, or a 23% change.
• Evergreen landscaping exists along the sidewalk along Hobby Horse Drive, which can aid in screening the
structure from view.
• The louvered pergola structure will be made of metal and the color will be white or off-white.
Remaining Review Comments:
• The Hamilton County Surveyor’s Office will require a Nonenforcement approval for the structure to
encroach into the regulated drain easement, and this approval request will be done through the County
Drainage Board.
Final Comments:
• The Planning Dept. supports the variance request. The west side of the house acts more like a side yard or
backyard rather than a front yard, and the existing landscaping along the street will aid in screening.
• Consent to Encroach approval from the Board of Public Works & Safety (BPW) for encroaching into the 15-
ft wide drainage and utility easement (which is also the 15-ft building line) was approved with case CO-
2024-0012.
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 County Drainage Board approval to encroach into the easement, and with adoption of the
Findings of Fact submitted by the Petitioner.