HomeMy WebLinkAboutDepartment Report 08-26-13CARMEL BOARD OF ZONING APPEALS HEARING OFFICER
DEPARTMENT REPORT
AUGUST 26, 2013
4. (V) Galloway Pool, Plum Creek Farms, Sec 1, Lot 34.
The applicant seeks the following development standards variance approval for a new pool:
Docket No. 13080001 V ZO CH: 25.01.01.C.8.a Min rear yard setback for a pool.
The site is located at 12650 Cerromar Ct. The site is zoned S -1 /Residence. Filed by Marge Mikels with Pools of
Fun, on behalf of the owners.
General Info:
The Petitioner requests variance approval to build a
new pool which will encroach into the rear yard
setback. This property is located on the corner of
Cerromar Court and Sandalwood Drive, in the Plum
Creek Farms Subdivision. The lot abuts common area
and is surrounded by single - family homes. Please
refer to the petitioner's information packet for
more details.
Analysis:
A pool is an accessory structure, but it is required to
meet the minimum rear yard standards for the zoning
district.. The proposed location of the pool will be 11
feet from the rear property line and 1. foot from the
drainage, utility, and sewer easement, but not within
the easement. Common area abuts the rear of this
property, so it will not have a negative effect on a rear
property owner. There is also an existing fence which
will screen the pool from neighboring properties.
Due to the fence and the adjacent common area, the
Tool should not affect the neighbors in a substantially adverse manner and this should not have a negative effect on the
community. The Department is in support of this variance request.
Petitioner's Findings of Fact:
1. The approval of this variance will not be injurious to the public health, safety, morals, and general
welfare of the community because: the pool will be installed by a registered contractor in accordance with
the City of Carmel and State of Indiana Residential Swimming Pool Codes and Ordinances. An automatic
key operated safety cover will be installed.
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: installation of an in- ground pool will not add "bulk" to the property.
Proposed landscaping and existing fence will create a buffer and is not intrusive to adjacent home properties.
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: the 20 foot setback presents a hardship to the homeowner.
An in- ground pool will provide additional physical therapy for the homeowners.
;Recommendation: The Dept. of Community Services recommends approval of Docket No. 13080001 V.
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