HomeMy WebLinkAboutDepartment Report 01-27-25
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CARMEL BOARD OF ZONING APPEALS HEARING OFFICER
DEPARTMENT REPORT
MONDAY, JANUARY 27, 2025
(V) LeMay Pool Lot Cover Variance.
The applicant seeks the following development standards variance approval for a swimming pool:
14. Docket No. PZ-2024-00248 V Silvara PUD Section 6 Maximum 35% lot cover allowed;
45-55% requested. (There is also an easement in the backyard.) The 0.27-acre site is located at 12173
Frenzel Pkwy (Jackson’s Grant on Williams Creek Subdivision, Lot 197). It is zoned Silvara
PUD/Planned Unit Development Ordinance Z-652-20. Filed by Rick Lawrence of Nelson &
Frankenberger, LLC, on behalf of Barbara LeMay, owner.
General Info:
• The Petitioner seeks approval to install a swimming pool & decking in the back yard.
• A Pool Permit was applied for, permit B-2024-01174.
• Variance is requested for exceeding lot cover.
• The site is in Jackson’s Grant on Williams Creek subdivision; HOA (Homeowner’s Association) approval
was granted with the stipulation of the homeowner receiving lot coverage variance.
• Surrounding this site are single family residential uses and Common Area open space.
• Please see the Petitioner’s info packet for more details on the variance request.
Variance Requested:
Lot Coverage -
• The Silvara PUD Ordinance allows a maximum 35% lot cover for this subsection of Jackson’s Grant on
Williams Creek Subdivision; and 55% is requested. This is a 20% increase.
• The improvements will not encroach into the rear drainage and utility easement. The edge of the pool
retaining wall is 14.5’ from the property line, which is 4.5’ off the 10’ D&U Easement.
• The design was slightly revised, and a portion of the hard surface was replaced with (true) permeable pavers.
• The Petitioner is also working with the Carmel Engineering Dept. to gain approvals for the pervious paver
system drainage plans.
• At this time, the zoning ordinance considers all lot coverage items the same, and does not differentiate
between a true permeable pavers systems that handle stormwater and drainage as a way to reduce the lot
coverage calculations from other installations that do not accommodate for stormwater and drainage.
Remaining Review Comments:
• Provide a copy of the Carmel Engineering Dept. approval for the proposed pervious pavers drainage system.
• Provide the pool pump equipment design details/specs (showing that it is of a quiet design with low
noise/vibrations).
Final Comments:
• The Planning Dept. supports the variance request. The fact that the Petitioner will be installing a true
permeable paver system, requested by the Carmel Engineering Dept., helps Planning Staff be supportive of
the project. (The Carmel Engineering Dept. would not support a lot coverage over 45% unless the owner
provided additional stormwater detention or permeable pavers, similar to what 12167 proposes.)
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 the variance request with
the conditions of final approval of the pervious pavers drainage system and the pool pump equipment design,
and with the adoption of the Findings of Facts submitted by the Petitioner.