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HomeMy WebLinkAboutDepartment Report 02-24-255 of 13 CARMEL BOARD OF ZONING APPEALS HEARING OFFICER DEPARTMENT REPORT MONDAY, FEBRUARY 24, 2025 (V) Maher Pool Variances. The applicant seeks the following development standards variance approvals for a pool & patio area: 8. Docket No. PZ-2025-00005 V Silvara PUD Section 5.2 and UDO Section 5.02(C)(7) Sideyard Setback - a swimming pool, hot tub, or its deck or equipment shall be set back 10-ft from the side lot line and rear lot line; 9-ft requested. 9. Docket No. PZ-2025-00006 V Silvara PUD Section 6.1 Maximum 35% lot cover allowed; 55% requested. The 0.28-acre site is located at 12167 Frenzel Pkwy (Jackson’s Grant on Williams Creek Subdivision, Lot 198). It is zoned Silvara PUD/Planned Unit Development Ordinance Z-652-20. Filed by Lauire Tinsley of Artisan Landscape, LLC., on behalf of Ira & Leslie Maher. General Info: • The Petitioner seeks approval to add a new swimming pool and patio area to the back yard. • Building Permit B-2024-01440 was applied for. • Variance approvals are requested for side setback and lot cover percentage. • The site is in Jackson’s Grant on Williams Creek subdivision; HOA (Homeowner’s Association) approval has been granted with the stipulation that the homeowner receives BZA variance approvals. • The structures 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 requests. Variances Requested: Side Setback - • The PUD and UDO state the following: a swimming pool, hot tub, or its deck or equipment shall be set back a minimum of 10-ft from the side lot line and rear lot line; 9-ft is requested. This is a variance of 1-ft. • The pool/decking will also not encroach into the rear drainage & utility easement. • Located to the south of the subject lot is a pedestrian trail in the common area. • There are no easements in the side yard area. Lot Coverage - • The PUD ordinance states that a max. 35% lot cover is allowed; 55% is requested. This is a variance of 20%. • Things that count towards lot coverage are building footprint, driveway and sidewalk areas, patio areas, etc. • The Petitioner is working with the Carmel Engineering Dept. to gain approval on a true pervious pavers drainage system. This will help mitigate the additional proposed lot coverage of the pool and patio areas. • At this time, the zoning ordinance considers all lot coverage items the same and does not differentiate between a true permeable paver system (that handles storm water and drainage as a way to reduce the lot coverage calculations) from other installations (that do not address storm water and drainage). Remaining Review Comments: • All Planning/Zoning comments have been addressed. 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 Department, helps Planning Staff be supportive of the project. (The Carmel Engineering Department would not support a lot coverage over 45% unless the owner provided additional stormwater detention or permeable pavers.) 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 condition of gaining final Engineering Dept. approval of the pervious paver drainage system design, and also with the adoption of the Findings of Facts submitted by the Petitioner.