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Carmel hearing officer approves five residential variances, including privacy-fence request
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Summary
At the April 27 Carmel appeals hearing, the hearing officer approved five variances — ranging from a privacy fence height exception to garage and accessory-structure setbacks — after petitioners’ presentations, limited public comment and planning staff recommendations; one approval carries a consent-to-encroach condition.
The Carmel hearing officer on April 27 approved five residential variances brought before the appeals hearing officer, including a privacy-fence height variance requested for 1207 Orchard Park Drive North.
Clay Millender, the property owner, asked for an 8-foot privacy fence on a corner lot (docket PZ-2026-0014), saying the taller fence was needed for security and to block views from a higher-elevation neighbor. “My wife got a cancer diagnosis and had a double mastectomy, so we had to put this whole project on hold,” Millender said while describing the family’s long-term residency and the proposed work. Planning staff told the board it would be “supportive of a 6 foot tall fence,” noting the grade and sight-distance conditions, but the hearing officer approved the variance and adopted the findings of fact.
Neil Estebrooke, the property owner at 14458 Waverly Drive, sought two variances (dockets PZ-2026-0023 and PZ-2026-0025) to extend an attached garage on a corner lot — requesting an 11-foot rear-yard setback variance and relief to allow combined garage/principal-building ground-floor area to total 104 percent where 75 percent is permitted. Estebrooke said the house orientation constrained where an addition could be sited; planning staff noted HOA approval and recommended approval. The hearing officer approved the variances and adopted the findings of fact.
Seth Paladon, representing Indie Girls for owners Chris and Alicia Toppold (10469 Roxley Bend), asked for two variances for a 23-by-14 patio and deck: 38 percent lot coverage (allowed 35 percent) and an 11-foot encroachment into a setback/easement (dockets PZ-2026-0035 and PZ-2026-0036). Planning staff confirmed HOA approval and said the petitioner must complete a consent-to-encroach process with the Board of Public Works and coordinate with the Hamilton County surveyor; the hearing officer approved the variances with those conditions.
Jonathan Blake of Landmark Design Group presented a request to place an 800-square-foot pool house forward of the principal building line at 2731 West 146th Street (docket PZ-2026-0045), arguing that the lot’s orientation and existing accessory structures create a practical difficulty. Planning staff said review comments had been addressed and recommended approval; the hearing officer approved and adopted findings of fact.
David Gilman, representing Vine Property Group, sought two variances for detached garages on a 13.19-acre parcel at 10405 Hussey Lane (dockets PZ-2026-0054 and PZ-2026-0055): raise accessory-building height to 24 feet (allowed 18) and allow placement 50 feet in front of the principal building line. Gilman said the site’s topography and mature tree lines would screen the garages. Neighbor Tom Shine, who lives north of the project, testified that he had observed tree removal on the property and asked whether the garages would be located “down below” where trees were removed; Gilman and the petitioner pointed to a preserved mature tree line abutting the common property line and said the garages would be near the house and largely out of public view. Planning staff said review comments were resolved and recommended approval; the hearing officer approved the variances and adopted findings of fact.
All approvals were entered by the hearing officer during the public hearing; several approvals incorporated staff conditions (for example, the Toppold patio requires consent to encroach through the Board of Public Works). The hearing adjourned with no new or old business remaining.
Votes at a glance: PZ-2026-0014 (Millender fence) — approved; PZ-2026-0023 & PZ-2026-0025 (Estebrooke garage additions) — approved; PZ-2026-0035 & PZ-2026-0036 (Toppold patio) — approved, subject to consent-to-encroach and surveyor coordination; PZ-2026-0045 (McCain pool house) — approved; PZ-2026-0054 & PZ-2026-0055 (Hussey Lane garages) — approved.
Next steps: petitioners with outstanding conditions were instructed to follow up with planning staff and, where applicable, complete any required Board of Public Works or county surveyor processes. The hearing officer adjourned the meeting.
