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HomeMy WebLinkAboutDepartment Report 10-28-24 20 of 23 CARMEL BOARD OF ZONING APPEALS REGULAR MEETING DEPARTMENT REPORT MONDAY, OCTOBER 28, 2024 (V) Jarrett Pool, Additional Variances. The applicant seeks the following development standards variance approvals: 1. Docket No. PZ-2024-00152 V UDO Section 5.02(C)(7) Minimum Side and Rear Yard Setbacks - a swimming pool, hot tub, or its deck or equipment shall be set back the following: equipment 10-ft from the side lot line required, pool decking 18-ft (15-ft easement plus 3-ft) required for rear lot line; 8-ft side yard setback from lot line requested for pool equipment and 11-ft rear setback from lot line requested for pool decking. 2. Docket No. PZ-2024-00154 V PUD Ordinance Z-595-14, Section 4.2.F Maximum 35% lot coverage allowed, Previously approved 45% lot cover from Docket No. PZ-2022-00145 V; 55% requested. 3. Docket No. PZ-2024-00174 V UDO Section 5.02(B)(1) Minimum Side Yard Setback: When more than ten (10) feet away from a Principal Building, an Accessory Building shall be set back a minimum of the following: Easement (8.5-ft easement exists) plus three (3) feet. (11.5-ft total); 8-ft requested. The site is located at 3721 Aldrew Place (Grannan Grove Subdivision Lot 12) and is zoned Grannan Grove PUD/Planned Unit Development. Filed by Julie Jarrett, owner. General Info: • Prior BZA variance for 45% lot cover was granted in August 2022 with Docket No. PZ-2022-00145 V. • Since the prior lot coverage variance approval in 2022, the Petitioner now seeks additional variance approvals for additional swimming pool decking and a retaining wall (additional lot coverage), pool pump equipment setback, and pool cabana/accessory building setback. (These are all considered accessory uses or buildings/structures, and they are not primary structures.) • The site is in Grannan Grove subdivision, and a Homeowner’s Association (HOA) exists. • Surrounding this site are single family residential homes and common areas. • The Grannan Grove PUD/Planned Unit Development ordinance for this neighborhood contains development standards that refer to the Carmel Zoning Ordinance regulations (which is now called the UDO – Unified Development Ordinance.) PUD Section 3 refers to the Carmel Zoning Ordinance for Accessory Buildings and Uses Standards. These are different than the development standards for Primary Structures. • Please see the Petitioner’s info packet for more detail on the additional variance requests. Historical Background: • On or about July 19, 2022, Petitioner applied for a lot coverage developmental standard variance (35% allowed; 45% requested). On August 22, 2022, the Board of Zoning Appeals granted the variance, and the ILP (Improvement Location Permit) was subsequently issued on August 24. • Following the inspection on September 13, 2022, it was determined that the pool location was not per the approved plan, and a Stop Work Order was issued. Petitioner submitted the plan amendment application which was reviewed and approved on October 3, 2022. • Petitioner submitted ILP application for covered pergola structure with roof on April 18, 2023. • A second Stop Work Order was issued on May 2, 2023 because the project was not constructed according to the approved plans and because the pool deck and retaining wall were encroaching into County drainage easement. The retaining wall was a requirement of the design for the type of pool installed. The design requires an embankment to provide support to the pool wall. (This was not known by Petitioner at the time of the original lot coverage variance application.) • Petitioner filed the encroachment request with Hamilton County Drainage Board on May 9, 2023, which was approved on May 23, 2023. 21 of 23 • After the on site meeting between Petitioner and various City departments representatives and the County Drainage Board officials, the work on the project was allowed to continue with the required modifications. Pergola permit was issued on May 16, 2023. • At the final inspection in November 2023, it was determined that the project was not constructed according to the approved plans necessitating the present variance requests. The Stop Work Order was issued that was to remain in place until the Property is brought into compliance or variances are filed and approved by this Board. Petitioner filed the present variance requests for the BZA’s consideration. Variances Requested: Side/Rear Setbacks (for Pool Equipment and for Cabana) - • The UDO contains standards for minimum side and rear yard setbacks for accessory buildings and uses. A swimming pool, hot tub, or its deck or equipment shall be set back the following: pool equipment shall be located at least 10-ft from the side lot line, and pool decking shall be located at least 18-ft from rear property line (which is the 15-ft easement width plus 3-ft). An 8-ft side yard setback from the side lot line is requested for pool equipment, and an 11-ft rear setback from the rear lot line is requested for pool decking area. These are variances of 2-ft and 7-ft. • The UDO also contains additional standards for minimum side yard setbacks for accessory buildings and uses. When more than 10 feet away from a Principal Building, an Accessory Building shall be set back a minimum of the following: Easement width plus 3 feet (or 8.5 feet plus 3 feet, for 11.5-ft total); and 8-ft is requested for the pool accessory building. This is a variance of 3.5 feet. • The pergola / pool cabana accessory building footprint is around 18’ x 20’. • The following easements exist on the lot: 8.5-ft wide easement along west property line, 15-ft wide easement along south property line, and no easements along east property line. Lot Coverage - • The UDO allows a maximum 35% lot coverage, and 55% is requested. (A prior BZA variance had allowed for 45% lot cover.) This current request is 10% more than what was previously granted. • The pool and its decking and gravel areas add to the total lot coverage of the lot. There is decorative stone / gravel between the swimming pool and retaining wall. • The Hamilton County Surveyor’s Office and the Carmel Engineering Dept. have already reviewed and approved this project. Remaining Review Comments: • A final inspection, related to original swimming pool permit B-2022-00688, is still needed. • Please provide a copy of the latest, updated approval from the HOA (Homeowner’s Association) Architectural Review Committee (or a letter of support from them), for 2024. Final Comments: • The Planning Dept. generally supports the variance requests. The investments and improvements to this property are also an asset to the neighborhood, when it comes to property assessment and value. • A Residential Plan Amendment Application (B-2024-01431) was just filed, for changes to the pool equipment location and the additional gravel. • Privacy screening, such as evergreen trees, arborvitae shrubs, and/or privacy fencing, should be provided at the southeast corner of the lot. • The HOA / property management company approved the landscape, patio, and pergola as submitted on March 27, 2023, also with pine trees in the southeast corner of the property for privacy as indicated on the last ACC (Architectural Control Committee) approval. (However, homeowner has not installed the pine trees.) 22 of 23 • As of October 23, 2024, the HOA let us know that they have not received any new plans in 2024 on the current conditions. There have been no additional plans submitted regarding the Jarrett site or approvals from the HOA since March 2023. • On a separate but related note, detached outbuildings or similar are not allowed by the private neighborhood covenants and restrictions for Grannan Grove. These CCRs (Covenants, Conditions & Restrictions) are enforceable by the Homeowners Association, not the City. 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 the Petitioner planting evergreen trees/arborvitae shrubs along the southeast corner of the lot and/or providing some type of fencing/privacy screening, and with adoption of the Findings of Facts submitted by the Petitioner.