Zionsville BZA denies variance request to increase village lot coverage to 40.45%

The Board of Zoning Appeals on Sept. 15 denied a development standards variance that would have raised the village lot coverage limit from the applicable standard to 40.45% to allow construction of a 3,700-square-foot single-family home and a roughly 400-square-foot in-ground pool at 210 West Hawthorne Street. Staff told the board the property is subject to village lot-coverage rules and said “strict application of the terms of the zoning ordinance, in our opinion, do not result in unnecessary hardship in the use of the property.” The staff report noted the site could be developed under the ordinance and that the petitioner’s lot is not so constrained as to make compliance impossible, and therefore staff recommended denial. Petitioners Dale and Cheryl Kennedy, represented at the hearing by Mike Andreoli, said they had revised plans multiple times and pursued an alley vacation approved by the town council to reduce coverage, but remained at 40.45%. Andreoli said the Kennedys want to downsize into the village and hoped to keep a pool for medical reasons. He also said the petitioners would hire an arborist at their cost to evaluate and, if necessary, recommend trimming or removal of a large adjacent tree that neighbors have raised as a concern. Builder and village resident Jim Barber spoke in support of the applicants, saying similar large homes with high lot coverage exist in downtown Zionsville. The board noted, however, that it considers each petition on its own merits and cannot treat prior projects as binding precedent. The hearing record included a remonstrance letter signed by several nearby residents opposing the variance; board members said the letter influenced their deliberations. One board member observed that while investment in village properties can be positive, the lot-coverage standard exists for reasons including green space and drainage. Board member Jim Hurst moved to deny Docket No. 2025-518 DSV; the motion passed on a 4-0 roll call vote (Josh Fedor, Jim Hurst, Amanda Miller and Kathy Posselwey voting Aye). The board noted that because only four members were present, any future 2–2 tie on a continued petition would automatically be carried to the next meeting. The petitioners may revise plans or return at a future meeting with additional information; no variance was granted tonight.