Loading...
HomeMy WebLinkAboutDepartment Report 09-23-242 of 14 CARMEL BOARD OF ZONING APPEALS HEARING OFFICER DEPARTMENT REPORT MONDAY, SEPTEMBER 23, 2024 (V) Beck Residence Variances. The applicant seeks the following development standards variance approvals: 2. Docket No. PZ-2024-00134 V UDO Section 2.12 35% Maximum lot cover allowed, 38.3% requested. 3. Docket No. PZ-2024-00135 V UDO Section 5.02(C)(7) Sideyard Setback - a swimming pool, hot tub, or its deck or equipment shall be set back a minimum of the greater of the following: 10-ft from the side lot line and rear lot line, or be 3-ft from any easement (5.7-ft side setback from lot line requested). 4. Docket No. PZ-2024-00136 V UDO section 5.79(J) Window wells cannot project more than 24” into a required yard, 60” projection proposed. The site is located at 430 1st Ave SE (Foster’s Addition, Lot 1). It is zoned R3/Residence. Filed by Michael & Julie Beck, owners. General Info: • The Petitioner seeks approval for a new swimming pool in the side yard. • Variances are requested for lot cover, side setback, and window well setback (related to the existing house). • The site is in Foster’s Addition subdivision; however, an HOA (Homeowner’s Association) does not exist. • Surrounding this site are single family residential homes to the north, south, and east, and a commercial use to the west across the alley. • Please see the Petitioner’s info packet for more detail on the variance request s. Variances Requested: Lot Coverage - • The UDO allows a maximum 35% lot coverage, and 38.3% is requested. This is a 3.3% increase. • The pool and its decking will add to the total lot coverage of the lot. • Since the site will be exceeding the allowed lot cover percentage, the Carmel Engineering Dept. is also going to require on-site stormwater detention OR payment into the Stormwater Fund/Fee. (Petitioner has opted to pay into the fund.) Pool Side Setback - • The UDO requires Swimming Pools, Decking, & Equipment be located a minimum of 10-ft from the side/rear property lines, and a 5’7” side yard setback is requested. This is a variance of 4’3”. • There are no easements on the lot. • The in-ground swimming pool spa will be 8’ by 15’, and a patio area will surround three sides of it. • The Pool Pump Equipment should be of a quiet design with low noise/vibrations. Window Well Setback - • The UDO allows window wells in the R2 zone to encroach up to 2-ft into a building setback. A 3-ft encroachment is requested in this instance. This is a variance of 1 foot more than is allowed. • The window well will still have a 2-ft setback from the north property line. Remaining Review Comments: • All Planning/Zoning review comments have been addressed. • The Carmel Engineering Dept. will require on-site stormwater detention OR payment into the Stormwater Fund/Fee. The Petitioner has agreed to provide payment for the Stormwater Fund/Fee. • The Petitioner did provide Staff the specs/design details of the Pool Pump equipment and it will be of a quiet design with low noise/vibrations. 3 of 14 Final Comments: • The Planning Dept. supports the variance requests, as long as the Petitioner addresses the concerns/comments of the Carmel Engineering Dept, such as paying into the Stormwater Fund. 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 these variance requests, with the condition of paying into the Stormwater Fund/fee, and with adoption of the Findings of Facts submitted by the Petitioner.