HomeMy WebLinkAboutDept Report 02-24-254 of 13
CARMEL BOARD OF ZONING APPEALS HEARING OFFICER
DEPARTMENT REPORT
MONDAY, FEBRUARY 24, 2025
(V) Silas Pool Setbacks Variance.
The applicant seeks the following variance approval for a swimming pool and patio:
7. Docket No. PZ-2025-00004 V Albany Village PUD Ordinance Section 3, & UDO Section
5.02.C.7.a Minimum Side and Rear Yard Setbacks: A swimming pool, or its deck or
equipment shall be setback a minimum of the greater of the following: 10-ft from the side lot line;
6-ft requested, and be 3-ft from any easement; (There is a 15-ft easement in the backyard); 18-ft
required; 15-ft requested.
The 0.27-acre site is located at 14399 Kelso Court (Albany Village, Lot 37). It is zoned Albany Village
PUD/Planned Unit Development Ordinance Z-666-21. Filed by Amanda Brooks of Pools by Cory, on
behalf of Eugene & Angela Silas, owners.
General Info:
• The Petitioner seeks approval to add a new swimming pool and decking to the side yard.
• Building Permit B-2024-01394 was applied for.
• Variance is requested for setbacks.
• The site is in Albany Village subdivision; HOA (Homeowner’s Association) approval has been granted.
• The pool/decking will not encroach into any drainage or utility easements.
• Surrounding this site are single family residential dwellings and open space common area.
• Please see the Petitioner’s info packet for more details on the variance request.
Variance Requested:
Setbacks -
• The PUD and the UDO state the following for minimum side and rear setbacks: A swimming pool, or its
deck or equipment shall be setback a minimum of the greater of the following: 10-ft from the side lot line (6-
ft requested), and be 3-ft from any easement (0-ft requested). (There is a 15-ft easement in the backyard, so
an 18-ft setback from the property line is required, and 15-ft is requested.) This is a variance of 4 and 3 feet.
• Again, the pool/decking will not encroach into any easements; they will just be built right up to the easement.
• The common area land that is adjacent to the north and east sides of the subject lot are owned by the HOA.
Remaining Review Comments:
• All Planning/Zoning comments have been addressed.
Final Comments:
• The Planning Dept. supports the variance 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 the variance request, also
with the adoption of the Findings of Facts submitted by the Petitioner.