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HomeMy WebLinkAboutDepartment Report 07-22-244 of 13 CARMEL BOARD OF ZONING APPEALS HEARING OFFICER DEPARTMENT REPORT MONDAY, JULY 22, 2024 (V) Stover Residence, Gazebo Setback Variance. The applicant seeks the following development standards variance approval for an accessory structure encroaching into a side yard setback: 5. Docket No. PZ-2024-00103 V UDO Section 5.02.B. Minimum 5-ft side yard building setback required; 2-ft encroachment requested. The site is located at 13991 Brookstone Drive (Buckhorn Estates, Lot 2). It is zoned S1/Residence – ROSO I. Filed by Rosanne Stover, owner. General Info: • The Petitioner seeks approval for a pool gazebo structure to be located 3-ft from the north/side property line, rather than the required minimum of 5 feet. • The site is located in Buckhorn Estates Subdivision; Homeowner’s Association approval has been granted. • Surrounding this site are single family residential homes. • The pending accessory building permit is B-2024-00877. • Please see the Petitioner’s info packet for more detail on the variance request. Variance Requested: Accessory Structure Setback - • The UDO requires a minimum 5-ft side yard building setback, and 3-ft is requested. This is a variance of 2-ft or a 40% change. • The gazebo will have a 16-ft by 18-ft footprint for the gazebo, and it will sit on a 33-ft by 17-ft concrete pad. • At the highest point, the gazebo will be 10.7 feet tall. • For privacy concerns, privacy shutters will be included along the north side of the structure. (Also, the neighbors have arborvitae shrubs planted along that shared property line.) • The gazebo will be located at least 3 feet away from the easement that runs along the east property line. • Part of this project will be the removal of three mature evergreen trees along the side/north property line. Remaining Review Comments: • All planning/zoning review comments have been addressed. Final Comments: • The Planning Dept. supports the variance request, since the adjacent neighbors to the north have provided an email showing support for the gazebo. • The Petitioner provides the following explanation as to why the gazebo cannot be placed south of the pool: The area south of the pool is an area of the yard that we use to play games and sports. There are mature trees as well that are on a small elevation that is in-line with the main level of our home and deck. It would require significant engineering and removal of a large number of trees and dirt in order for it to be placed there. Placing the gazebo in that area would also look weird as it would be in the middle of our backyard. By placing it on the north side, it goes into a space that we were never able to utilize because of the overgrown pine trees. 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 with adoption of the Findings of Fact submitted by the Petitioner.