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Fishers Board of Zoning Appeals Approves 5-Foot Rear-Setback Variance for Pergola at 13378 Maryvale Street
Summary
The Board of Zoning Appeals approved variance VA-25-21 to allow a roughly 5-foot rear setback for an attached pergola at 13378 Maryvale Street after petitioner Claudio Bertolini presented design, safety and easement-permit details; the approval requires recording the decision with the Hamilton County recorder.
The Board of Zoning Appeals for the City of Fishers approved variance VA-25-21 to permit an attached pergola to encroach roughly 5 feet into the rear setback at 13378 Maryvale Street after hearing from petitioner Claudio Bertolini.
Bertolini, the petitioner, told the board the structure consists of two connected areas approximately 21 feet 7 inches by 9 feet 3 inches with an overall height of about 10 feet 8 inches. He said the pergola is largely freestanding on eight engineered posts in concrete footers and is attached to the house at a single corner. "We do not believe it's reduce any safety, lighting, noise of drainage, concern," Bertolini said, adding that the structure will be code-compliant and that a building permit will be obtained.
Bertolini said adjustable "adobe" louvers, operated by concealed low-voltage actuators, will allow the pergola to open or close depending on sun or rain. He also said a portion of the proposed pergola would extend into an existing drainage easement and that the applicant had applied for and obtained a drainage easement permit (DE25345) issued on 09/24/2025.
During his presentation Bertolini argued the lot orientation makes the patio difficult to use without the pergola, that the design is residential in scale and visually compatible with the Britton Falls PUD neighborhood, and that the project would "enhance the livability, encourage outdoor use," and be compatible with the community. He cited more than 30 similar installations in Britton Falls and photographic examples of prior pergolas.
After closing the public hearing, board member Mister Grinsley moved to approve VA-25-21 "with the condition that the approval letter and related documentations be recorded on the property with the Hamilton County's recorder's office." A board member seconded the motion. In a roll-call vote the board recorded the following votes: Mister Grinsley — yes; Mister Silvey — yes; Mister Stevenson — yes; Mister Ferrucci — yes. The chair announced the motion passed and the variance was approved.
The board did not record any opposing testimony at the public hearing. The approval carries the administrative condition that the approval and related documents be recorded with the Hamilton County recorder.
Separately, the board announced that two Verizon telecommunications tower land-use items (VA-25-23 and VA-25-24) were moved to next month's agenda. The meeting closed after staff presented next year's meeting dates and the board exchanged holiday remarks.
What happens next: the approval requires the recording specified by the board; building permits and any other required city permits must be obtained before construction begins.
