HomeMy WebLinkAboutDept Report CARMEL BOARD OF ZONING APPEAPLS
IIEARIiNG OFFICER DEPARTMENT PR EE
FEBRUARY 27, 2012
6-7. (V)497 Wetherby Lake Dr. Pool Setbacks.
The applicant seeks the following development standards variance approvals for apool/deck:
Docket No. 12010003 V Ordinance Ch. 25.01.01.C.8.a.i: pool side yard setback.
Docket No. 12020005 V Ordinance Ch. 25.01.01.C.8.a.iii: pool setback from an easement.
The site is located at 497 Wetherby Lake Drive. It is zoned S-1/ROSO and not located within any overlay zone.
The minimum side yard setback for the pool/deck is 10 feet;the petitioner requests 7 feet. The minimum setback
from an easement for apool/deck is 3 feet;the petitioner requests the deck encroach into the drainage/utility
easement by 3.5 feet. Filed by Steven K. Broadwater,owner.
General Info:
1,,73::i '7:::',= "" 'f.:4 1,-43. ,,.'7. : -../..0-/- ''''., ' ' ' .,.0?'-#'..,-' - -r �� The petitioner seeks approvals to
,,..;:-_,4,� have a pool's decking/concrete
encroach into the s
If
ide yard setback
^' �, �: . ' and the rear yard easement. The
-, . . ° proposed pool will be 20'x40'.
'..74,,,, ,,,..,,,,,,,F1.7t..,,,,-:,t4::„,1„,„,:;,:::-7 ,,,,,,,71,,,,,,,w, ,:`,,:,.„.,,,,,,,,,,.,,,,,...,:11), ' _ ; ,• " �' A small amount of concrete will
'� ° encroach into the 10-ft side yard
r .. t- ; 'i: '" setback by 3 feet. Also a small
' �� ' +" f amount of conerete'will encroach
` '` 1 into the 15 ft wide rear yard drainage
;� & utility easement by 3.5 feet.
: � �. t . Please see the petitioner's
�� k informational packet for more
° detail this variance request.
L Analysis:
Zoning Ordinance Chapter 25 states
�� = � the following for swimming pool
setbacks:
a. Minimum Side and Rear Yard Setbacks. A swimming pool, hot tub, or its deck or equipment shall be set back a
minimum of the greater of the following:
i. Ten(10) feet from the Side and/or Rear Lot Line,
ii. the Minimum Side and/or Rear Setback for the zoning district,or
iii. Easement plus three (3) feet,but not within any Easement or required landscaped or greenbelt area.
The City Engineering Dept. supports this encroachment into the easement, if the grade (elevation)of the easement is not
changed in any manner by the project and its construction.
Findings of Fact
1. The approval of these variances will not be injurious to the public health, safety, morals, and general welfare of
the community because: the pool's decking/concrete encroaches about 3.5 feet into the setbacks and/or easement.
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 pool's decking/concrete encroaches about 3.5 feet into the setbacks
and/or easement.
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: a pool might not be able to be built on this lot, or a much smaller pool would have
to be considered that would not be a sport pool size.
Recommendation: After all comments and concerns have been addressed,the Dept. of Community Services
recommends positive consideration of Docket Nos. 12010003 V and 12020005 V,with the condition of a variance
being obtained from the Carmel Board of Public Works and Safety to allow improvements in the easement.
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