Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Lot Split Setback topic
No spam. Unsubscribe anytime.
Fishers BZA denies Geist Pointe lot-split setback variance 3-1 after neighbor objections
Summary
The Board denied VA25-11, a request to split a 0.9-acre lot and reduce a front-yard setback to 10 feet at 11690 Fall Creek Road, citing traffic, safety, and harm to adjacent property values; the vote was 3-1.
The Fishers Board of Zoning Appeals on July 23 denied VA25-11, a petition to allow Lot 2A on the Geist Pointe plat a front-yard setback of 10 feet instead of the UDO-required 40 feet and to subdivide a roughly 0.9-acre parcel into two lots for single-family homes. The board voted 3-1 to deny the variance.
Petitioner identified as Kyra Miller presented the lot’s unique constraints, saying the parcel has contoured topography, an expanded floodplain and a shared driveway that reduces usable land. Miller and supporting materials cited prior litigation over the plat that concluded with appeals finding the earlier lawsuit premature and without merit; she urged the board that the requested variance is the first step to allow a compatible house on the lot.
City senior planner Christie Cashin told the board the public notice had incorrectly listed the required front-yard setback as 55 feet when the UDO requires 40 feet; staff said the request aligns with the Fishers 2040 Comprehensive Plan’s low-density suburban residential designation and recommended that, if the board approved, the approval letter be recorded with the Hamilton County Recorder’s Office.
At the public hearing, attorney Tom Perkins, representing an adjacent owner, urged denial on grounds of density, traffic and deed/covenant issues. Perkins said the prior litigation was “premature” and warned that approval would likely spark more litigation and require additional variances and deed work. Multiple neighbors said adding a fourth residence and the additional traffic would be injurious to the neighborhood and could block lake views.
Board member Grinsley moved to deny VA25-11, citing health and safety concerns related to traffic and harm to neighboring property owners; the motion passed on a 3-1 roll call. The board recorded the denial and closed the matter.
Because the decision was a formal denial, no conditions for recording were required; staff noted its standard recommendation that any approval be recorded should the board ever reverse course.
The denial closes this petition at the BZA level; involved parties may pursue other administrative or legal remedies outside tonight’s hearing.
