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Carmel hearing officer approves four zoning petitions, denies detached garage variance
Summary
At the March 24 Board of Zoning Appeals hearing, the hearing officer approved four variance or renewal requests — including a sign variance for Perma Pools, a year-long short-term rental renewal, a pool setback variance and a multi-tenant signage variance — and denied a petition for an oversized detached garage in the Village of Mount Carmel.
The Carmel Board of Zoning Appeals hearing officer granted four petitions and denied one during the Monday, March 24, 2025 hearing, adopting findings of fact for each approved item and specifying outstanding review comments where appropriate.
The hearing officer approved a sign variance (docket PZ202300114V) allowing Perma Pools to install a second sign on its Michigan Road building to help patrons identify the building, with planning staff support. "Planning staff is in support of this variance request," Angie of planning staff said during the hearing.
The hearing officer denied a request (docket PZ202400219V) from Nathan and Kristen Dingus for a detached garage larger than the Unified Development Ordinance (UDO) limits. Attorney Rick Lawrence, representing the petitioners, described the proposed structure and said it would match the house exterior. Planning staff told the hearing officer the UDO allows a maximum detached garage footprint of 24 by 30 feet but the Dinguses requested 28 by 36 feet and that the combined accessory-building ground-floor area would exceed the UDO cap: current accessory coverage was about 43% of the principal building, the UDO limit is 75% and the petition requested a combined total of 125%. After discussion of drainage and possible encroachments unrelated to the variance, the hearing officer said there was not a demonstrated practical difficulty and denied the request, with findings of fact to be issued by the city attorney.
Christine Larson’s application to renew a short-term residential rental permit (docket PZ202500019SE) at 377 Patricia Court was approved for one year. Planning staff reported no complaints or public remonstrance in the past year, and the hearing officer said the UDO favors renewal in those circumstances and approved the renewal with adoption of findings of fact.
Paul Drucker’s request for setback variances to install a pool and spa at 1225 Skytag Drive (docket PZ202500023V) was approved. Planning staff recommended approval because the backyard is constrained by drainage and trail easements; the petitioner said the design avoids encroaching on drainage easements and that the Hamilton County Surveyor had confirmed related materials in the packet. The hearing officer noted HOA approval and outstanding comments had been addressed and approved the variance with adoption of the petitioner’s findings of fact.
A signage variance for the Spring Mill Shops retail center (docket PZ202500038V) was approved, allowing two signs per tenant on certain buildings. Sean Curran of Curran Architecture told the hearing officer utilities along the east property line prevented moving two buildings closer to the street, which required additional tenant-facing signage on the parking side. Planning staff recommended approval pending resolution of remaining review comments; the hearing officer approved the variance conditioned on addressing outstanding review comments to the city’s satisfaction and adopted the petitioner’s findings of fact.
Votes at a glance
- PZ202300114V (Perma Pools sign variance): Approved; hearing officer adopted petitioner findings of fact; planning staff in support.
- PZ202400219V (Dingus detached garage variance, requested 28x36 ft vs. 24x30 ft allowed): Denied; hearing officer found insufficient practical difficulty; city attorney to issue findings.
- PZ202500019SE (Larson short-term rental renewal): Approved for one year; planning staff reported no complaints; approved with findings of fact.
- PZ202500023V (Drucker pool setback variances): Approved; petitioner presented Hamilton County Surveyor confirmation; approved with adoption of findings of fact.
- PZ202500038V (Spring Mill Shops signage variance): Approved conditioned on addressing remaining review comments to the department; planning staff recommended positive consideration.
Several petitioners presented site plans or photos and planning staff reviewed outstanding technical comments in Project Docs, Carmel’s online review system. Where applicants acknowledged open engineering or drainage questions, the hearing officer tied approvals to the need to satisfy standard permit review and engineering requirements before final permits would issue. The hearing lasted through five docketed items and closed after a brief call for old or new business.
Ending
The hearing officer closed the meeting after adopting findings or instructing the city attorney to issue findings where required; petitioners were directed to follow up with city staff to resolve remaining permit-review comments or technical prerequisites before building permits would be issued.
