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CARMEL BOARD OF ZONING APPEALS HEARING OFFICER
DEPARTMENT REPORT
MONDAY, JULY 22, 2024
(V) Wolf Residence, Pool Equipment Variance.
The applicant seeks the following development standards variance approval for allowing the pool
equipment to be located within an easement:
4. Docket No. PZ-2024-00098 V UDO Section 5.02.C.7 Swimming Pool & Equipment be
located a minimum 3’ setback from easements required; Pool equipment 0’ setback requested.
The site is located at 14547 New Garden Lane. It is zoned Legacy PUD (Ordinance Z-501-07 and Z-679-
22). Filed by Daniel Majestic of Permal Pools, on behalf of Nicholas & Suzan Wolf, owners.
General Info:
• The Petitioner seeks approval for allowing swimming pool equipment to be located closer to the side
property line (slightly within an abutting a drainage, utility, and sewer easement).
• The site is in The Ridge at the Legacy Subdivision; HOA (Homeowners Association) approval has been
granted for the pool project.
• Surrounding this site are single family residential homes and a stormwater detention pond.
• The related accessory building permit is B-2024-00296.
• Please see the Petitioner’s info packet for more detail on the variance request.
Variance Requested:
Pool Equipment Setback -
• Per UDO Section 5.02, swimming pools, their decking, and equipment must be located a minimum of 3 feet
from easements. A 3-ft encroachment into the easement, for the pool equipment, is requested.
• The proposed side yard setback of the pool equipment will be 12-ft from the side property line, and the pool
equipment will be located 3-ft into the 15-ft wide drainage, utility, and sewer easement.
• The pool pump equipment will be of a quiet design with little noise and vibrations.
• Since the equipment will also encroach into the utility easement, Consent to Encroach (CTE) approval will
also need to be gained from the Carmel Board of Public Works & Safety (BPW), and that is done through the
Carmel Engineering Dept.
Remaining Review Comments:
• All planning/zoning review comments have been addressed.
Final Comments:
• The Planning Dept. supports the variance request, since the pool equipment will still be located 12-ft from
the side property line.
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 Consent to Encroach approval from the Carmel Board of Public Works & Safety, and with
adoption of the Findings of Fact submitted by the Petitioner.