Department Report 05-23-224 of 8
CARMEL BOARD OF ZONING APPEALS | HEARING OFFICER
DEPARTMENT REPORT
MONDAY, MAY 23, 2022
(V) Alhassoon Porch Setback Variance.
The applicant seeks the following development standards variance approval:
7. Docket No. PZ-2022-00065 V UDO Section 5.79.G Open, unenclosed porches (not under roof) or
patios may extend 10-ft into a front yard, 7-ft encroachment requested for a patio with roof/pergola. The site
is located at 13108 Harrison Dr. (Brookshire Lakes Subdivision Lot 12) and is zoned S1/Residence. Filed Elham
Alhassoon and Ahmad Al-Maaitah, owners.
General Info & Analysis:
The Petitioner seeks approval to add a deck and patio with roof/pergola to the front of the house. The zoning ordinance
does not allow for this type of improvement in the front yard of the house. Otherwise, open, unenclosed porches (not
under roof) or patios may extend 10-ft into a front yard. Please see the Petitioner’s info packet for more detail on the
variance request.
The UDO (Unified Development Ordinance) allows for open, unenclosed porches (not under roof) or patios to be able to
extend 10-ft into a front yard. A 7-ft encroachment is requested by the Petitioner for a patio with roof/pergola.
The lot has a platted 30-ft front building line along the east side of the lot, where
the front of the house faces.
This project has some history, as outlined below:
• 4/4/22 The Code Enforcement Dept. noticed construction at property,
verified with front office no active building permit.
• 4/5/22 The City posted a Stop Work Order and spoke owner who stated she
was unaware that a permit was needed since they were only doing work
outside of the home. Contractors stopped working and left property.
• 4/7/22 and 4/8/22 The Code Enforcement Dept. verified no contractors on
site.
• 5/5/22 The Code Enforcement Dept. noticed project was complete. Please see
the timestamped photo on the right. City Staff was informed by the HOA
(Homeowners Association) that the structure was finished after the posting of
the City Stop Work Order for active construction without a building permit.
Code Enforcement confirmed that the structure was finalized and furnished
against staff recommendations.
• 5/17/22 Building permit B-2022-00443 hasn’t yet been approved. It’s still in
the Applicant Corrections stage. (Additional Correspondence can be viewed
in the BZA variance file.)
This subject lot is considered a Non-Lake Lot, and so the HOA does not have
design approval authority (their private neighborhood covenants & restrictions
only state that the City of Carmel has review/approval authority).
The Petitioner addressed all planning/zoning review comments. The Planning Dept. supports the variance request,
with the conditions 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 Docket No. PZ-2022-00065 V with the
conditions of finalizing all required permits and inspections from Carmel Building Safety Dept. and paying any late fees
imposed by that Dept., and with adoption of the findings of fact submitted by the Petitioner.