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Fishers zoning board approves variance for Brooks Park home to add pool and 3,000 sq. ft. patio
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Summary
The Fishers Board of Zoning Appeals approved variance VA-26-1 on March 25, 2026, allowing a homeowner at 9896 Backstretch Road in Brooks Park to increase impervious surface coverage from 35% to 50% for an approximately 3,000 sq. ft. pool patio, with the condition that approval documents be recorded in the Hamilton County Recorder’s Office.
The Fishers Board of Zoning Appeals on March 25 approved variance VA-26-1 to allow a homeowner at 9896 Backstretch Road in the Brooks Park neighborhood to install a pool and about 3,000 square feet of concrete patio, increasing the lot's impervious surface coverage from the PUD limit of 35% to 50%. The board approved the petition by roll call after a public hearing in which no members of the public spoke.
Dale Baker, the petitioner, said his newly built home backs onto a large common area and Lisonbee Camp Creek and described the property as lower in elevation than the common area, arguing runoff flows away from neighboring houses. "We think that the topography, the unique topography of this property supports the variance," Baker said, and he offered mitigation options including channel drains, downspout extensions and a dry well if the board required them.
Grace Wiley, planner for the City of Fishers, summarized the application and noted the site at 9896 Backstretch Road (near Olio Road and 104th Street) is zoned PUDM and regulated by the Southeast Fishers PUD and the city's unified development ordinance. Wiley said staff had received no public comments, had no recommendation to the board, and recommended that, should the board approve the petition, the approval letter and related documentation be recorded with the Hamilton County Recorder's Office.
When asked about drainage and the petitioner's mitigation ideas, Wiley said the city's stormwater engineering team reviewed the swimming pool permit and did not flag drainage issues related to the proposal, but added that staff are not stormwater experts and suggested that, if the board wanted mitigation conditions, the petitioner could be required to work with the city's stormwater team.
Board member Tom moved to approve VA-26-1 with the condition that the approval letter and related documents be recorded with the Hamilton County Recorder's Office; the motion was seconded and carried on a roll-call vote. The board recorded affirmative votes from members Grinsley, Silvey, Stevenson and Lannon and the Chair announced the motion carried.
No public comments were offered during the hearing. The board did not require specific mitigation details at the time of approval but the petitioner indicated willingness to implement reasonable drainage measures.
The board also deferred approval of prior meeting minutes (Feb. 25, 2026, and a March 4 special meeting) to its May meeting because several members had not been present for those meetings. Staff said no meeting is anticipated in April and the board will reconvene in May.
