Hearing officer approves slate of short‑term rental renewals and variances in Carmel

The hearing officer for the Carmel Board of Zoning Appeals approved renewals and a series of zoning variances during the hearing officer docket on Nov. 24, 2025, granting relief for short‑term rental permits, garage and pool additions, accessory structures and a seasonal tent while conditioning several approvals on outstanding engineering or county consents.

Many petitions were brief and uncontested. Petitioner Mark Nathaniel Custer asked to renew his short‑term rental at 2525 E. Smoky Row, saying the property is well separated from neighbors and “generates positive economic activity without requiring new infrastructure or city services,” and department staff reported no code or police incidents during the prior year. The hearing officer approved a one‑year renewal and adopted the findings of fact.

Across the docket, staff recommendations and neighborhood approvals figured prominently. A Spacecraft Architecture representative sought a 5‑foot side‑yard setback (10 ft required) and relief from the accessory/garage square‑footage limit for a garage addition at 3765 E. Carmel Drive; staff noted HOA and adjacent‑neighbor support and the hearing officer approved the variances. For another residential addition at 10414 White Oak Drive, the petitioner requested a 6‑foot side setback and a 45% lot‑coverage allowance; staff recommended approval with the condition that the petitioner address remaining engineering review comments in the project‑docs portal, and the hearing officer approved subject to that condition.

Several pool encroachments required extra agency signoffs. Perma Pools’ representative Daniel Majestic sought a 2‑foot encroachment of decking and a concrete retaining wall into a drainage/utility easement for a 16x32 pool at 11433 Montonia Drive; staff recommended adding Hamilton County Surveyor and Drainage Board approvals as conditions, and the hearing officer approved the variance pending those consents. Similarly, petitions for 11x20 fiberglass pools at Broad Street Village and other lots were approved contingent on a formal consent‑to‑encroach from the Board of Public Works.

A homeowner seeking post‑construction approval for an existing pergola acknowledged that the structure sits above a Carmel stormwater pipe. Department staff reported that city engineering inspected the pipe and recommended a consent‑to‑encroach from the Board of Public Works; staff also noted the consent was approved with conditions because of maintenance concerns. The homeowner’s representative agreed the owner would pay removal or repair costs if city work required it, after which the hearing officer approved the variances subject to project‑docs conditions.

One business petition drew more discussion about seasonality. Charles Lizer of Wine and Rind requested permission to keep a holiday seasonal canopy tent at 254 Veterans Way through the winter, arguing the tent helps a small restaurant on the Monon Trail remain viable when indoor seating is limited. Planning staff noted that special events are typically limited to 10 days total under the zoning ordinance and proposed an end‑date condition; the petitioner proposed March 15, 2026. The hearing officer approved the temporary tent for the holiday season with a removal date of March 15, 2026.

Votes at a glance (docket, short description, decision and any conditions): - PZ2025 00188 — Custer short‑term rental renewal (2525 E. Smoky Row): approved for one year; staff reported no incidents. - PZ2025 0012 & PZ2025 00193A — Pawker garage addition (3765 E. Carmel Dr.): side‑yard and accessory square‑footage variances approved; HOA/neighbor support on file. - PZ2025 00212 & PZ2025 00213 — McDonough residential addition (10414 White Oak Dr.): approved pending resolution of engineering review comments in project‑docs. - PZ2025 00209 — White guest house accessory allowance (10613 Winterwood Dr.): approved subject to resolving remaining engineering comments. - PZ2025 00228 — Villanueva pool/easement encroachment (11433 Montonia Dr.): approved pending Hamilton County Surveyor and Drainage Board approvals and project‑docs items. - PZ2025 00229 & PZ2025 00230 — Chen pergola variances (13516 Dallas Ct.): approved; engineering noted consent‑to‑encroach approved by Board of Public Works but with maintenance conditions. - PZ2025 00231 — Noguera short‑term rental renewal (226 Pam Rd): approved for one year; staff reported no incidents. - PZ2025 00232 — Broad Street Village pool encroachment (13120 Broad St): approved contingent on Board of Public Works consent to encroach and completion of project‑docs steps. - PZ2025 00233 — McIntyre garage variance (10592 Lakeshore Dr E): approved; HOA approval on file and petitioner committed to protecting mature trees. - PZ2025 00235 — Brenner pavilion (11581 Larkspur Ln): approved; staff supported given large lot and setbacks. - PZ2025 00236 — Wine and Rind seasonal tent (254 Veterans Way): approved for the winter season with removal by March 15, 2026. - PZ2025 00238 — Provost pool (1905 Hourglass Dr): side yard setback reduction approved; staff supportive.

What happened and why it matters: planning staff repeatedly noted that the Unified Development Ordinance generally favors renewal of special‑exception short‑term rentals that have no enforcement incidents. For variances, staff and the hearing officer emphasized neighborhood outreach (HOA or adjacent‑neighbor approval), compatibility with neighborhood character, and clearing outstanding engineering or county approvals before final implementation. Several approvals therefore included conditions requiring petitioners to resolve project‑docs comments or to secure formal consents from the Hamilton County Surveyor/Drainage Board or the Board of Public Works.

Several petitioners used their brief appearances to stress minimal neighborhood impacts. ‘‘There are no neighbors to the west’’ and ‘‘it provides no added strain on city resources,’’ petitioner Nathan Custer said of his Smoky Row property. Charles Lizer of Wine and Rind said the tent would ‘‘help our business stay viable’’ during winter months and noted the petitioner had agreed to changes requested by a neighbor (clear windows on one side).

Next steps: approvals that were conditioned on agency consents or project‑docs comments will require petitioners to return with evidence of those clearances before any work that depends on the condition proceeds. The hearing officer adjourned the hearing officer docket and turned the meeting over to the Board of Zoning Appeals regular session at 6:00 p.m.

Sources: public hearing transcript of the Carmel Board of Zoning Appeals (hearing officer docket), Nov. 24, 2025; comments and recommendations from Department staff as read into the record.