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Zionsville BZA denies 3-foot patio setback variance despite neighbor buffering agreement
Summary
The Board of Zoning Appeals denied a request to encroach three feet into a platted 50-foot rear setback to build a patio at Holiday Farms, voting 4–1. The petitioner and the adjoining property owner agreed to add pine trees as a buffer, but the board said the variance did not meet hardship criteria.
The Town of Zionsville Board of Zoning Appeals voted 4–1 to deny a petition seeking a three-foot encroachment into a platted 50-foot rear building setback for a patio at 10850 Dartmore Court B.
Pete Gray, the builder for the petitioner, told the board he and the adjacent property owner had discussed planting seven to eight pine trees along the back property line to strengthen the existing green belt buffer. "We want to just plant some pine trees along the back property line," Gray said, describing spacing of roughly 10 to 12 feet and starter heights of about 5 feet.
Mike Andreoli, representing the neighbor (Mr. Co Pepper), confirmed his client was not opposed to the current petition provided the trees were installed outside the drainage easement and at locations acceptable to him. Andreoli said the neighbor’s concern was the precedent of repeated future encroachments rather than this specific patio.
Staff had recommended denial, saying the petitioner did not meet the three criteria required for a variance. Several board members said they agreed, with one member noting that the unusual platted 50-foot setback for Holiday Farms reduced the demonstration of hardship. Amanda Miller moved to deny the variance; the motion passed on a roll call vote, four in favor and one opposed.
The board said conditions tied to landscaping alone did not override the ordinance’s requirement that building setbacks be justified by hardship; trees and other plantings are permitted in the green belt and do not count as building encroachments under current ordinance language. The petitioner and neighbor said they would proceed with the agreed buffer planting even though the variance was denied.
The board record shows the motion to deny passed by a vote of four to one.
