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CARMEL BOARD OF ZONING APPEALS
DEPARTMENT REPORT
August 25, 2008
14-15h. Beriault Pool
The applicant seeks the following development standards variance approvals:
Docket No. 08070028 V Section 7.04.03.D(i) Reduced rear yard setback
Docket No. 08070029 V Section 25.01.lH.B.3(b)(i) Reduced setback from easement
The site is located at 13820 Smokey Ridge Drive and is zoned RlISingle family residential.
Filed by Marge Mikels of Pools of Fun for Greg and Ann Beriault, owners. .
General Info: The petitioner is requesting pennission to build a
pool and associated deck ten feet within the required twenty-foot
rear yard setback, and immediately adjacent to the ten-foot
drainage and utility easement.
Analysis: The site has a requircd 20'-rear yard setback, and a
10' drainage and utility easement within that setback. Structures
are required to be set a minimum of three fcct out of any
easement; the petitioner will also need to apply for approval of a
Permit to Encroach, if this request is approved. The size and
configuration of the house, and the lot, limit possible placement
of pools and associated decks. There is also an existing
basketball half-court at the north end of the housc. Scveral adjacent houses in the subdivision have similarly-sized
pools, decks, and other backyard additions, with similar setbacks. The proposed placement of the pool and deck
would provide a degree of privacy while maximizing open space on the lot. It would not be visible from the public
right-of-way.
Hndings of Fact: Rear yard/easement setback reductions
1. The approval of this variance will not be injurious to the public health, safety, morals, and general
welfare of the community because: it would be similar to existing pools and dec~ structures, and would
be hidden from view from the public right-of-way.
2. The use and value ofthe area adjacent to the property included in the variance will not be affected in
a substantially adverse manner because: it would bc similar to existing pools and deck structures, and
would be hidden from view from the public right-of-way.
3. The strict application of the terms of the Zoning Ordinance to the property will result in practical
difficulties in the use of the property because: thc size and configuration of the lot and house would
likely prevent constructing a pool and deck without the grant of a variance.
Recommendation:
The Dept. of Community Services recommends positive consideration of Docket Nos. 08070028-29 V
after all concerns have been addressed.