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HomeMy WebLinkAboutPacket for HO 06-23-25BZA Info Packet Introduction a) Introductory Memo To: Board of Zoning Appeals From: Raymond and Julie Rothberger, Property Owners Date: June 10, 2025 Subject: Variance Request – Drainage Easement Encroachment for Pool Decking Property Address: 2557 Turning Leaf Lane, Carmel, IN Dear Members of the Board, We are submitting this variance request for our residence at 2557 Turning Leaf Lane in Carmel, Indiana. The request concerns a proposed in-ground swimming pool project, where a small portion of the surrounding concrete decking is planned to extend into a platted drainage easement. The pool structure itself remains entirely outside the easement limits. Please find enclosed our formal request and supporting rationale. We appreciate your time and consideration. Sincerely, Raymond and Julie Rothberger b) Statement of Variance Request We respectfully request a variance to allow a portion of our proposed concrete pool decking to encroach approximately four (4) feet into a platted drainage easement located on our property at 2557 Turning Leaf Lane. The applicable zoning regulation requires a minimum setback of three (3) feet from the easement; however, site constraints necessitate a slight encroachment beyond that limit. c) Statement of Support The requested encroachment is limited to a small section of the concrete pool decking and does not involve the pool shell or any permanent structures. The primary reason for this request is the presence of a mature tree in the rear yard that restricts optimal pool orientation. To preserve the tree and maintain both safe access and functional space around the pool, the decking has been designed to slightly overlap the easement in one corner by approximately four feet. The decking is non-structural, installed at grade, and will not interfere with drainage patterns or utilities. Approval of this request will allow us to preserve the natural landscape while implementing a safe, code-compliant, and aesthetically appropriate pool layout without adversely impacting neighboring properties or stormwater management. 10' 4' 4' 10 ' 12' 4"14' 32 ' 4' 30 6 9 12 15 Scale: 1/8" = 1 ft 31 E Main Street, Ste. 300 • Carmel, IN 46032 • Office 317-706-1706 www.armourproperty.com Property Management, LLC “We Manage Neighborhoods, like they’re Our Own” March 17, 2025 Raymond Rothberger 2557 Turning Leaf Lane Carmel, IN 46032 I am pleased to inform you the Architectural Review Committee has approved your request for the following item(s): Install 32’ x 14’ pool with automatic pool cover in backyard at location indicated on drawings submitted. Landscaping to be installed as indicated on plan. Pool mechanical system will be hidden by landscaping. The existing wood fence at the west side of the patio will be raised by 3-4 feet and will match the current fence design. Soil removed from the pool excavation will be used to create mounds at the south end of the lot and new Spruce trees will be installed as a natural border near the southern edge of the property Please be aware of the following conditions: • You ensure that the pool plan meets local zoning requirements, (distance from property lines, obtaining proper permits, etc.) • You are responsible for maintaining proper drainage in the area affected by the work. • You are responsible for ensuring the streets are cleared of dirt/debris daily from the project. It is your responsibility to obtain any necessary permits and follow the guidelines mandated by the county, city, or state and to ensure all improvements are within your property lines and setbacks. Also, be aware that you are responsible at your expense to move anything in the easement if a utility company needs to have access to that area. If you have any questions, please feel free to contact our office. Thank you for submitting your request. Regards, Nancy Bates Managing Agent Armour Property Management, LLC A • R • M • O • U • R Page 10 of 12 FINDINGS OF FACT SHEET - DEVELOPMENT STANDARDS VARIANCE CARMEL ADVISORY BOARD OF ZONING APPEALS (Petitioner to fill out 1-3 + first two blanks) Docket No.: _________PZ—2025-00118V______________________________________ Petitioner: ______Raymond and Julie Rothberger__________________________ 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The proposed encroachment into the drainage easement is minimal, accounting for approximately 5% of the total easement area. This portion of the patio consists solely of concrete decking and does not include any permanent structures, fencing, or obstructions that would interfere with drainage flow, utility access, or maintenance. The design has been reviewed to ensure that natural drainage patterns are maintained and that no adverse impact will occur to neighboring properties or public infrastructure. Granting this variance allows for functional use of the yard while preserving all essential aspects of public safety and utility access. 2. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because: The proposed encroachment is limited to a small section of concrete pool decking and does not involve any structural elements that would obstruct views, access, or natural drainage. The adjacent property to the south consists of a common area with landscaping and open green space, which is not developed or used for residential purposes. The encroachment affects approximately 5% of the easement area and has been carefully designed to avoid any disruption to the drainage function or utility access. As such, the visual, functional, and economic character of neighboring properties will remain unaffected. 3. The strict application of the terms of the Unified Development to the property will result in practical difficulties in the use of the property because: The property has a relatively shallow rear yard due to the position of the home and the required drainage easement. Strict enforcement of the 3-foot setback from the drainage easement significantly limits the ability to install a modestly sized pool and surrounding decking while maintaining safe circulation space and usability. The proposed layout has been designed to minimize encroachment while still allowing for functional outdoor living. Without the variance, the use of the backyard would be substantially restricted and inconsistent with similar improvements in the surrounding neighborhood. DECISION IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No. ___________________________ is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof. Adopted this _______________ day of __________________________________, 20 _______. _____________________________________________ _____________________________________________ HEARING OFFICER, Carmel Board of Zoning Appeals _____________________________________________ _____________________________________________ SECRETARY, Carmel Board of Zoning Appeals Conditions of approval of the Board, if any, are listed on the Letter of Grant.