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Hearing officer approves Rothberger pool encroachment into drainage easement to save mature maple tree
Summary
The hearing officer approved a variance allowing a four‑foot encroachment of pool decking into a backyard drainage easement at 2557 Turning Leap Lane to preserve a mature maple tree, conditioned on Board of Public Works consent and resolving review comments.
A Carmel hearing officer approved a variance permitting a pool and decking to encroach four feet into a backyard drainage easement at 2557 Turning Leap Lane, Camden Walk Lot 12, to preserve a mature maple tree.
Owners Raymond and Julie Rothberger told the hearing officer they sought to save a large maple and that the proposed pool decking would encroach approximately 42 square feet into the drainage easement. Planning staff said they supported the variance and requested that the petitioner address remaining review comments in ProjectDocs and finalize Board of Public Works consent to encroach approval as a condition.
The hearing officer approved the variance, subject to addressing the remaining ProjectDocs comments and securing BPW consent; the hearing officer adopted the findings of fact. The petition was filed as docket PZ‑2025‑00118, citing UDO section 5.02(c)(7) (minimum pool/decking setback 3 feet from easement; 4‑foot encroachment requested).
