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HomeMy WebLinkAboutDept Rept 06-23-257 of 12 CARMEL BOARD OF ZONING APPEALS HEARING OFFICER DEPARTMENT REPORT MONDAY, JUNE 23, 2025 (V) Rothberger Pool Setback Variance. The applicant seeks the following development standards variance approval for a pool & patio: 9. Docket No. PZ-2025-00118 V UDO Section 5.02(C)(7) Minimum swimming pool & decking setback must be 3-ft from easement, 4-ft encroachment into easement requested. The 0.38-acre site is located at 2557 Turning Leaf Lane (Camden Walk, Lot 12). It is zoned S- 1/Residence – ROSO I. Filed by Josh Richey of Timber Ridge Pools on behalf of Raymond & Julie Rothberger, owners. General Info: • Petitioner seeks approval to construct a swimming pool and decking area in the back yard. • They are also trying to save an existing mature tree located in the middle of said back yard. • Variance approval is requested for pool location/setback. • The site is in Camden Walk subdivision; Homeowner’s Association (HOA) approval was granted. • 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: Pool Setback - • The UDO requires that the minimum swimming pool, decking, and equipment setback must be 3-ft from any easement, and a 4-ft encroachment into the drainage easement is requested for a small triangular-shaped piece of the pool decking area. • Approximately 42 sq. ft. of pool decking area will encroach into the drainage easement area. • Other pool layouts/orientations were considered, but the Petitioner is trying to preserve the existing mature tree in the middle of the back yard. Remaining Review Comments: • The Petitioner addressed all planning/zoning review comments. Final Comments: • The Petitioner has easement encroachment approval from the Hamilton County Drainage Board; however, they also need Consent to Encroach approval from the Carmel Board of Public Works & Safety (it will be case no. CO-2025-0017). • The Planning Dept. supports the variance request, with the condition of BPW Consent to Encroach approval. • The Carmel Engineering Dept. has provided review comments in ProjectDox, the online plan review software. 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 1.) addressing remaining ProjectDox review comments and 2.) BPW Consent to Encroach approval, and with the adoption of the Findings of Facts submitted by the Petitioner.