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Fishers BZA ties on Wilson Garage rehearing; petitioner given automatic continuance
Summary
The Fishers Board of Zoning Appeals heard a rehearing request from Amanda Jeske to expand a legal nonconforming garage and alter lot and setback requirements at 16465 E. 101st St.; the board tied 2-2 on a motion to approve, so the petition is automatically continued to next month.
Amanda Jeske asked the Fishers Board of Zoning Appeals on July 23 for a rehearing to allow a larger accessory structure and a change to lot and setback standards at 16465 East 101st Street. Jeske said the property includes a six-car garage and that sewer work and access constraints have left her unable to develop three wooded acres into a residence without a new driveway.
The petition requested variances from the City’s Unified Development Ordinance to increase a legal nonconforming accessory structure from 240 square feet to 576 square feet (a 140% increase), reduce minimum lot size from 15,000 square feet to 4,950 square feet, and reduce the front setback from 11 feet to 7 feet. Senior planner Gabrielle Heron told the board staff had no formal recommendation; staff noted the property is zoned R2 and that, if approved, the board should require the approval letter and related documents be recorded with the Hamilton County Recorder’s Office.
Neighbors at the public hearing said the strip of land proposed for the driveway sits within a privately owned shared drive (labeled Park Drive on mapping) and warned of drainage, maintenance and safety problems. Danielle Coleman Clark (16455 E. 101st St.) said she worries a new driveway would push drainage into adjacent yards and has already seen increased wear on her drive from vehicle use. Christine Moschel (16475 E. 101st St.) said trees that currently buffer yards would be removed and that the gravel alley is rutted and maintained informally by neighbors.
Jim Wilson, the owner of the garage parcel Jeske hopes to purchase, said he did not observe detrimental impacts when a similar garage was built across the street and noted that emergency vehicles must be able to access the drive.
Board member Lannon moved to approve the rehearing request with the condition the approval be recorded with the Hamilton County Recorder’s Office; a second was made. During roll call the board split 2-2 on the motion, producing an automatic continuance under the board’s rules. The chair said, “So you will be automatically continued until next month when we have five,” and the matter will return to a future agenda when a full panel is available.
The rehearing was not decided; the petition will return to the BZA at a later meeting with an opportunity for additional evidence and public comment.
