Zionsville board denies homeowners’ request to push patio into rear-yard setback

The Board of Zoning Appeals on March 4 denied a request to encroach 15 feet into the rear-yard building setback to build an outdoor patio at 10853 Bington Way in the Holiday Farms planned unit development.

Jonathan, a Town of Zionsville planning staff member, told the board the proposal ‘‘meets all other applicable development standards in the PUD and does not encroach into the drainage or utility easement,’’ but recommended denial because the petitioner did not demonstrate the legally required ‘‘unnecessary hardship.’’ Staff concluded ‘‘strict application of the terms of the zoning ordinance would not result in unnecessary hardship,’’ noting the lot already supports a 4,600-square-foot residence and that the owner’s desire for more outdoor living space appeared self-created.

David Bergman of Sundown Gardens, representing the absent homeowner, said the lot is ‘‘fairly shallow’’ and the patio would use permeable pavers rather than a permanent poured surface. Bergman said the design keeps out of the drainage easement and is intended to provide usable outdoor entertaining space facing the golf course.

Neighbor and builder Pete Gray, who owns the adjacent lot, told the board it is ‘‘very, very common in Holiday Farms’’ for buyers to purchase lots before full development details are known. Gray said shallow lot depths and high lot prices make smaller houses impractical for many buyers and that patios similar to the petitioner’s have been allowed in the neighborhood at earlier times.

Board members questioned whether the homeowner could have designed a smaller house to avoid the need for a variance and whether the PUD or developer had standards that would have constrained house size. Staff confirmed building setback lines and easements are recorded on plats and that the homeowner should have constructive notice, but acknowledged interpretations and enforcement have changed over time.

After deliberation the board made a motion to deny docket 2026-02DSV ‘‘to encroach 15 feet into the rear yard setback for construction of a patio at 10853 Bington Way’’; the motion carried on a 4–0 roll-call vote.

The denial was grounded on the board’s judgment that the petitioner failed to meet the ordinance’s ‘‘unnecessary hardship’’ finding. Staff and board members suggested the developer or HOA process, or a PUD amendment initiated by the developer, would be the appropriate path to resolve recurring setback issues in Holiday Farms.