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CARMEL BOARD OF ZONING APPEALS | HEARING OFFICER MEETING
DEPARTMENT REPORT
MONDAY, JANUARY 24, 2022
(V) Thompson Pergola Setback Variance.
The applicant seeks the following development standards variance approval:
6. Docket No. PZ-2021-00232 V Silvara PUD Ordinance Z-652-20 5-ft side yard setback
required, 0-ft requested. The site is located at 12072 Sigillary Way (Lot 44 in Hamlet at Jackson’s Grant
subdivision). It is zoned PUD/Planned Unit Development. Filed by Ross Atteberry with The Smart Pergola,
on behalf of Terry and Linda Thompson, owners.
General Info & Analysis:
The Petitioner seeks approval to construct an adjustable louvred Smart Pergola over their existing side patio
area. Please see the Petitioner’s info packet for more detail on the variance request.
The pergola will be located 0-ft front the north property line, which adjacent to platted neighborhood Common
Area. And, Sea Bird Way street is just beyond that. The Silvara PUD ordinance requires at least a 5-ft side yard
setback. This is a variance of 5-ft, or 100%.
The Petitioner might also need Consent to Encroach (CTE) approval from the BPW (Board of Public Works
and Safety) if any part of the pergola or its footers encroach into the platted neighborhood Common Area. The
Carmel Engineering Dept. is the department that takes CTE petitions through the BPW process. (Petitioner,
what is the status of this?)
The Petitioner addressed all planning/zoning review comments. The Planning Dept. supports the variance
request.
The Homeowners Association (HOA) has approved the proposal, as well.
Findings of Fact:
Please refer to the petitioner’s Findings of Facts included in their info packet.
Recommendation:
The Dept. of Community Services (DOCS) recommends positive consideration of Docket No. PZ-2021-00232
V, and also with adoption of the findings of fact submitted by the Petitioner.