HomeMy WebLinkAboutDept Report HO 08-26-2024
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CARMEL BOARD OF ZONING APPEALS HEARING OFFICER
DEPARTMENT REPORT
MONDAY, AUGUST 26, 2024
(V) Pegues Pool Setback Variance.
The applicant seeks the following development standards variance approval:
4. Docket No. PZ-2024-00124 V UDO Section 5.02.C.7. Swimming Pool & Equipment be
located a minimum 3’ setback from easements required; 0’ setback requested (with a 3-ft
encroachment). The site is located at 14406 Marsdale Place. (Albany Village, Lot 38). It is zoned Albany
Village PUD/Planned Unit Development (Ordinance Z-666-21). Filed by Eric & Janice Pegues, owners.
General Info:
• The Petitioner seeks approval for a new 35’ by 15’ swimming pool in the backyard of a Corner Lot.
• Variance is requested for pool/decking rear setback and encroaching into an easement.
• The site is located in Albany Village subdivision; HOA (Homeowner’s Association) approval was granted.
• Surrounding this site are single family residential homes.
• The pending accessory building permit is B-2024-00854.
• Please see the Petitioner’s info packet for more detail on the variance request.
Variance Requested:
Accessory Structure Setback -
• The UDO requires Swimming Pool & Equipment be located a minimum 3’ from easements, and 3-ft into the
easement is requested. This is a variance of 6-ft.
• The pool and its decking will still sit 12-ft away from the rear property line, but will encroach 3-ft into a 15-
ft wide drainage and utility easement.
• Consent to encroach approvals will also be required from the Carmel Board of Public Works & Safety and
maybe also from the Hamilton County Drainage Board.
Remaining Review Comments:
• All Planning/Zoning review comments have been addressed.
Final Comments:
• The Planning Dept. supports the variance request with the condition listed below in the Recommendation,
since the Carmel Engineering Dept. and the Hamilton County Surveyor’s Office do not oppose the request.
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 conditions of approvals from the Carmel Board of Public Works & Safety and the Hamilton County
Drainage Board, and with adoption of the Findings of Fact submitted by the Petitioner.