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Home My WebLink AboutDept Report CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT October 22, 2007 IH. Drics Pool Remodel- Regent's Circle The applicant seeks the following development standards variance approval: Docket No. 07090003 V Section 25.01.B.3.b.i.b Pool and deck encroaching less than 3' into easement The site is located at 12954 Regent Circle and is zoned S l/Residential. Filed by Adam DeHart of Keeler-Webb Associates for John Dries, owner. General Info: The petitioner is requesting to replace an existing pool and deck, which encroach into the drainage easement, with a new pool and dcck, which would encroach 30.34 feet into the easement. Analysis: The subject site's overall depth is approximately three hundred feet. The drainage easement comprises between sixty and ninety feet of that depth. Other lots in the subdivision have similar dimensions. The drainage easement is part of a natural swale that runs northwest/southeast through the back yards of the houses in this subdivision. The proposed pool and deck would encroach into the eastern third of the drainage eascment. There are similar encroachments, and structures, in the development. The County Surveyor's Oftlce has indicated that placing the pool in this location will not negatively impact this property or surrounding properties. Findings of Fact: Easement encroachment 4. The approval of this variance will not he injurious to the public health, safety, morals, and general welfare of the community because: there will be no negative impact with regards to drainage. 5. The use and value of the area adjacent to the property included in the variance will be not affected in a substantially adverse manner because: there will be no negative impact with regards to drainage. 6. The strict application of the terms of the Zoning Ordinance to the property will result in a hardship in the use of the property because: the pool and accessory structures could not be built. Recommendation: The Dept. of Community Services recommends positive consideration of Docket No. 07090003 V.