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CARMEL BOARD OF ZONING APPEALS | HEARING OFFICER MEETING
DEPARTMENT REPORT
MONDAY, APRIL 25, 2022
(V) Teter Patio Setback Variance.
The applicant seeks the following development standards variance approval for a covered patio:
6. Docket No. PZ-2022-00057 V UDO Section 2.06 Minimum 10-ft side yard setback
allowed, 0-ft requested. The site is located at 10364 Orchard Park Dr W. (Orchard Park Subdivision Lot
134) and is zoned S2/Residence and Monon Overlay Natural Section South. Filed by Curtis Teter, owner.
General Info & Analysis:
The Petitioner seeks approval to build a covered patio and deck in the side yard setback. It will be open on all
sides, and the roof will be made of a polycarbonate material. Please see the Petitioner’s info packet for more
detail on the variance request.
The UDO (Unified Development Ordinance) requires at least a 10-ft side yard building setback in the
S2/Residence zoning district. The Petitioner requests at 0-ft side yard setback along his north property line.
There are no easements along the north property line.
A privacy fence exists along the north property line, which will continue to provide the Petitioner and his
neighbor with privacy/screening.
The house located just to the north of this site sits approximately 15-17 feet north of the shared side property
line. So, if approved, there is still adequate distance between structures.
On file is an email from the neighbor to the north, stating that they have no issues with the design or placement
of the proposed site improvements.
The Petitioner addressed all planning/zoning review comments. The Planning Dept. supports the variance
request, with the condition listed in the Recommendation below.
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 PZ-2022-00057 V with the
condition of gaining Carmel Building Safety Dept. approval (as it relates to complying with the Residential
Building Code and the Fire Code), and with adoption of the findings of fact submitted by the Petitioner.