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Zionsville BZA continues request to allow 3-foot patio encroachment in Holiday Farms
Summary
The Zionsville Board of Zoning Appeals continued a petition from Executive Homes asking to allow a 3-foot encroachment into a recorded 50-foot rear-yard building setback for a patio in Holiday Farms; staff had issued an unfavorable recommendation on the hardship criterion and a neighbor asked for more time to review potential impacts.
The Zionsville Board of Zoning Appeals on Tuesday continued consideration of a request to allow a 3-foot encroachment into a recorded 50-foot rear-yard building setback for a patio in Holiday Farms.
Jonathan, a member of the town planning staff, told the board that the petitioner seeks a 3-by-22-foot concrete patio (66 square feet) on Lot V4 in Section 9. Staff found the project meets public health and safety and does not appear likely to harm adjacent property values, but concluded the petition did not meet the third required finding — that strict application of the zoning ordinance would result in an unnecessary hardship — and issued an unfavorable recommendation.
Petitioner Pete Gray, owner of Executive Homes, said the patio was built after the house was constructed and compared the request to a 10-foot encroachment the board approved in January. Gray said the smaller, 3-foot encroachment is “relatively insignificant” compared with the prior approval and described cultural and practical reasons his clients seek the outdoor space.
A nearby property owner, William Co Pepper, who owns a large parcel behind the lot in question, opposed the request and asked for a continuance so he could consult professionals and better understand the consequences. "I'm not in favor of the request. I'd like to ask for a continuance to just to have time to consult professionals," he told the board.
Staff and several board members discussed the recorded plat and permit history. Jonathan explained that developers may record a larger setback than the PUD minimum and that patios often appear in a second construction phase after a final inspection; the town’s code-enforcement practice is complaint-driven. Jonathan also told the board that property owners are required to obtain an improvement location permit (ILP) and HOA approval before construction.
After questions, Commissioner Josh Martin moved to continue docket 202604-DSV to the BZA’s June 3, 2026 meeting; the motion was seconded and carried by voice vote. The continuance gives the remonstrator and petitioner additional time to gather documentation and for the petitioner to address outstanding permitting and HOA matters.
Next steps: the petition will return to the BZA on June 3 with any additional exhibits or testimony the parties provide.
