Carmel hearing officer approves five zoning petitions, including pool setbacks, covered patio and one-year short-term rental renewal

Carmel hearing officer approved five zoning petitions Feb. 24, granting variances and a short-term rental renewal with conditions that include payment into the stormwater fund, final engineering sign-off and adoption of findings of fact.

The hearing officer opened the public hearing and moved through five petitions: the Engel King residence variances (PZ-2025-0001V and 0002V), a Silas family pool setback variance (PZ-2025-0004V), a pool and decking variance for a Jackson's Grant property (PZ-2025-0005V and 0006V), a covered grilling/seating-area variance for the Bean residence (PZ-2025-0021V), and the Thomas short-term rental renewal (PZ-2025-0022SE).

The Engelking petition sought two variances to allow an addition and a new garage on a very small lot — about one-tenth of an acre. Petitioner Scott Engelking said the lot’s size makes compliance difficult: "we're planning an addition... it's a very small lot," he told the hearing. City engineering staff said the project cannot provide on-site stormwater detention because of the lot size and instead recommended that the petitioner pay into the city's stormwater fund. The hearing officer approved the variances with two conditions: payment into the stormwater fund and submission of a conceptual landscape plan at building permit showing at least one medium or native shade tree, and with adoption of the findings of fact.

Eugene and Angela Silas requested variance PZ-2025-0004V to place a pool in a side yard, asking for a 5-foot side-yard variance and a 3-foot rear-yard variance. Eugene Silas said neighbors and the HOA support the project. Planning staff recommended approval, noting the pool and decking would not encroach into drainage or utility easements. The hearing officer approved the variance and adopted the findings of fact.

A separate petition from a Jackson's Grant property (PZ-2025-0005V and 0006V) sought permission for a swimming pool and decking that would yield 55% lot coverage where the ordinance maximum is 35%. Contractor Adam Garvey said the project uses permeable pavers and an engineered system of gravel and dry wells to exceed prior on-site storage: "we've worked really, really hard with the engineering department to come up with a storage system that will actually, exceed the required storage," he said. Planning staff recommended approval conditioned on final engineering department sign-off for the pervious paver drainage design; the hearing officer approved the variances with that condition and the adoption of findings of fact. The contractor and HOA representative said the HOA provided conditional approval and that construction had already begun before the variance hearing.

The Bean residence petition (PZ-2025-0021V) asked to cover an approximately 12-by-20-foot outdoor grilling and seating area adjacent to a pool house on a 1.3-acre lot. Attorney and land-use representative John Dabishiewicz explained the lot does not exceed overall site coverage but that an ordinance standard limits accessory structures to 75%; the applicant previously received a variance for 79 percent of allowable accessory structure. Planning staff recommended approval, noting the covered area would sit roughly 3 feet from a side drainage easement; the hearing officer approved the variance and adopted the findings of fact.

The hearing concluded with a renewal of a short-term rental special exception (PZ-2025-0022SE) for Mark Thomas. Planning staff reported the site is about 8.1 acres and that code enforcement had received no complaints in the prior year. The hearing officer approved the renewal for one year with adoption of the findings of fact. During public comment, a neighbor asked what "short-term rental" meant; Thomas said the residence is a guest house the owners rent on Airbnb.

Votes at a glance

- PZ-2025-0001V & PZ-2025-0002V (Engel King residence variances): Approved. Conditions: payment into stormwater fund; conceptual landscape plan showing at least one medium/native shade tree; adoption of findings of fact. (Proponent: Scott Engelking.)

- PZ-2025-0004V (Silas pool setback variance): Approved. Condition: adoption of findings of fact. (Proponents: Eugene and Angela Silas; HOA support noted.)

- PZ-2025-0005V & PZ-2025-0006V (Jackson's Grant pool and decking lot-coverage variances): Approved. Conditions: final engineering sign-off on pervious paver drainage system; adoption of findings of fact. (Proponent: Artisan Landscapes/Adam Garvey; HOA conditional approval noted.)

- PZ-2025-0021V (Bean residence covered grilling/seating area): Approved. Condition: adoption of findings of fact. (Representative: John Dabishiewicz, Nelson and Frankenberger.)

- PZ-2025-0022SE (Thomas short-term rental renewal): Approved for one year. Condition: adoption of findings of fact. (Proponent: Mark Thomas.)

What changed or was clarified at the hearing

- Engineering staff clarified that because of very small lot sizes (Engelking), on-site stormwater detention was not feasible and the petitioner would pay into the city's stormwater fund in lieu of detention.

- For the Jackson's Grant project, the applicant described a drainage design using permeable pavers, gravel under the pool deck and dry wells; staff required final engineering approval of that design before full sign-off.

- Several applicants noted HOA approval; at least one HOA representative (Jackson's Grant) said the HOA granted conditional approval pending the variances.

Meeting context

The hearing officer conducted a relatively short public hearing with limited public comment. Most petitions drew little public opposition; the short-term rental renewal attracted two nearby residents who asked questions and reported no complaints.

The hearing officer read each petition into the record, solicited department reports and public comment where present, and issued approvals on all petitions with the conditions noted above.

Ending

The hearing officer adjourned the Board of Zoning Appeals hearing after the final approval.