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Hearing officer approves zero-foot easement setback for Chen family pool

5499986 · July 29, 2025
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Summary

Vicky Chen and her husband were granted a variance to place pool decking and equipment up to the easement line (0-foot setback) after coordinating design with the planning and engineering departments and securing HOA support.

The hearing officer approved a variance July 28 allowing the Chen family's proposed swimming pool decking and equipment to be placed at the easement edge (0-foot setback) rather than the zoning ordinance's standard three-foot setback. Homeowner Vicky Chen said physical lot constraints and concerns about undermining house footings made other locations impractical; she said the design team worked with the homeowner association, the pool company, planning staff and engineering to revise the design and locate equipment so the project would be outside utility easements.

"Based on their feedback, we changed the original design, and we found a new location for the equipment. So I'm happy to say that this new plan should meet all those requirements. And now the entire project is completely outside all easements," Vicky Chen said. Planning staff reported consultations with the city engineering department and the county surveyor's office and recommended approval. "We do recommend positive consideration of the variance request along with the adoption of the findings of fact," Angie said.

The hearing officer noted potential foundation concerns if the pool were moved closer to the house and approved the petition with adoption of findings of fact. The applicants said they will install both a fence and a safety cover in excess of the minimum Indiana requirement.

Permitting and any inspections required by engineering or building departments remain to be completed before construction.