[{"_1":2,"_86":-5,"_87":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,75],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},"mediaId",6495446,"mediaKeyId","5455806-3cb8c8dfd00c210e77f8bc15524d6899","parentId",5455806,"title","Fishers BZA denies lot-split setback variance at Geist Pointe; 3-1 vote ends request","audioSeconds",1946,"startMs",2247000,"endMs",4193000,"viewUrl","/Search/View?dp=1&key=5455806-3cb8c8dfd00c210e77f8bc15524d6899&start=2247&end=4193","thumbnailUrl","https://assets.pipeline.soar.com/5455806-3cb8c8dfd00c210e77f8bc15524d6899/thumbnail_2247000.jpg","articleUrl","/articles/6495446/Fishers-City/Hamilton-County/Indiana/Fishers-BZA-denies-lot-split-setback-variance-at-Geist-Pointe-3-1-vote-ends-request","mediaUrl","https://secure.pipeline.soar.com/6495446-a3abfd869160283de40bf3d7210a4553/orig.mp4?Expires=1770734947&Signature=D~aKglWQRCY0VKIiv9TBH1NGJTK97mIl700jXFqQ42o6tWDFA~~L-hk--wpNhgfvoyx7nLv7rJclJ91zBB9zNOJapAVSXX7fqKW0vLj2BsPiqVeiwJ0P~JlcfICu8UruCqu~njhjTg1pFyHrJAg6AFCJditmhH51ePDPwr89qcA9Kdbkqt81x84K3N1rF7dDZuKeWEL56B7YyOHT~QEfQgSZ0aa0Uhgzj7WjKTfwtcTpxKiSRcIIMAJvynWPXZtvkPPbjHy4qnSuuy5VcP-uEFMLljYXlZSjWUIkax0EBTTw6KQOdnMfckVpPAMvRWURtLE2wsAkQIs4uyeTtIyWWQ__&Key-Pair-Id=KUT5TJCACFTXG","author","Fishers","date","2025-07-23T21:03:30Z","article","The Fishers Board of Zoning Appeals on July 23, 2025 denied a variance request for a lot split and reduced front-yard setback at 11690 Fall Creek Road (Geist Pointe), voting 3-1 to reject the petition.

The case, VA 25-11, asked the board to allow Lot 2 of the Geist Pointe plat to be re-parceled into Lot 2A and Lot 2B and to permit a 10-foot front-yard setback for the existing home where the UDO requires a 40-foot setback. The petitioner said the lot’s unique topography, floodplain and a shared driveway justified the smaller setback and a lot split that would create two single-family lots from a roughly 0.9-acre parcel.

Why it matters: Neighbor concerns and prior litigation shaped the hearing. Opponents argued the change would increase density, raise traffic and parking pressures on a narrow shared drive, risk property-value impacts and could bypass deed covenants that earlier owners accepted. The petitioner said courts have previously rejected a premature challenge to the re-parceling and that settling outstanding legal issues cleared the way for the BZA to consider the variance.

Petitioner Kyra Miller described the property’s history and the steps she and her husband took since 2019 to prepare for a possible second home on the parcel. Miller said the property has “very contoured topography,” an expanded floodplain and a shoreline restoration area that constrain where a house could sit, and that a shared access drive and stormwater easement reduce usable area.

City planner Christy Cashin told the board that the published public notice had mistakenly listed a 55-foot setback requirement but that the correct UDO requirement is 40 feet. Cashin said both proposed lots would meet the R2 zoning size requirements but explained that the existing house on Lot 2 would create a 10-foot front-yard setback on the newly created lot (Lot 2A), which is why the variance was requested. Cashin said staff had no recommendation but, if the board approved, recommended recording the approval letter and related documentation with the Hamilton County Recorder’s Office.

Opposition included legal counsel Tom Perkins, representing property owner Fadi Abdallah (FED Investments), who urged denial. Perkins told the board the previous lawsuit over the parcel was deemed premature by the courts and warned that approving the variance now could trigger further litigation. He raised three concerns he labeled “density, development and deeds,” arguing the plat change could push the number of residences per acre beyond intended R2 density limits, increase traffic on a constrained shared drive and allow a property owner to escape deed-based covenants by creating a new separate parcel.

Neighbors including Tom and Barb Arat and other residents reiterated worries about traffic, the narrow and rutted shared drive, potential construction impacts and loss of lake views. The public comments and attorneys’ arguments prompted board discussion about community character, sightlines and safety.

Board member Mr. Grinslake moved to deny VA 25-11 on grounds that it would be injurious to public health and safety with respect to traffic and would adversely affect adjoining property owners’ views and property values. The motion was seconded; the vote was Mr. Grinslake—Yes; Mr. Stevenson—Yes; Mr. Lannon—No; Mr. Ferrucci—Yes. The tally was 3-1 to deny the variance.

Next steps: With the denial, the proposed lot split and reduced setback will not proceed under the current application. Staff noted prior related filings (PP-19-1, SP-19-4, VA-19-5) and that additional reviews would be required for any future proposal. The board closed the public hearing and moved on to routine business.","mediaType","Video","parentTitle","Board of Zoning Appeals (\"BZA\") - Fishers Meeting: 7/23/2025","oneSentenceSummary","The Board denied a request to subdivide a .9-acre parcel into two lots and reduce a front-yard setback from 40 to 10 feet at 11690 Fall Creek Road (Geist Pointe) after neighbors and counsel raised density, traffic and deed-restriction concerns.","taxTitle","Fishers City, Hamilton County, Indiana","taxId",4054,"location","headline","","shortSummary",{"_33":76,"_35":36,"_37":38,"_39":77,"_41":78,"_43":79,"_45":44,"_47":80,"_49":81,"_51":82,"_53":83,"_55":56,"_57":58,"_59":84,"_61":62,"_63":64,"_65":85,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},6495448,"Fishers BZA ties on rehearing for Wilson Garage variance; petition continued to next month",2042,205000,"/Search/View?dp=1&key=5455806-3cb8c8dfd00c210e77f8bc15524d6899&start=205&end=2247","https://assets.pipeline.soar.com/5455806-3cb8c8dfd00c210e77f8bc15524d6899/thumbnail_205000.jpg","/articles/6495448/Fishers-City/Hamilton-County/Indiana/Fishers-BZA-ties-on-rehearing-for-Wilson-Garage-variance-petition-continued-to-next-month","https://secure.pipeline.soar.com/6495448-06e7d9bd25c5fdfca6819329ac4f4c46/orig.mp4?Expires=1770734947&Signature=byTG1mcZFky2AmpIwIVHrblwN0hn4tkktOEgq-M0ri7AYrXITXCK23-NacjkPYyS0l~8R~ggNbdX45dOnnCwpgTqFsAcGjEWeQNRPXLv52Ra7AZ0DKMFjC6dApK~1Rw5WuKauzRZXl2Vrv9eIfAaPww5Gk7NJz8o241M~IPq4euV9WuxTvHtQOIToV9oqa3uIxzv-59ip4eUoY35rausljPjl2qORX~iW9pl2RvHSh0KBCvqlj1X8yiUP3Ma3mgH4DnJYnFBiJtJqJ2--sANT7po89mN7YXdInnSoyRet2iKUR--2FkPAqRBl12XPlAPyL2gdH8~iKsD1y4UIWOP5g__&Key-Pair-Id=KUT5TJCACFTXG","The Fishers Board of Zoning Appeals on July 23, 2025 reached a 2-2 tie on a rehearing request from petitioner Amanda Jeske seeking multiple variances at 16465 East 100 And First Street, and the petition was automatically continued to next month.

The rehearing, listed as VA 25-9, asked the board to reconsider a previous denial and to permit an increase of an existing legal nonconforming accessory structure from 240 square feet to 576 square feet (a 140% increase), reduce a minimum lot-size requirement from 15,000 to 4,950 square feet and reduce a required front setback from 11 feet to 7 feet. The petitioner said the lot split and addition are needed to provide driveway access and make a planned house build feasible.

Why it matters: the requested variances would allow an existing accessory structure and a narrow parcel to be reconfigured to create vehicular access and enable construction on a separate three-acre parcel. Neighbors and staff raised questions about private access, stormwater runoff and impacts to adjacent properties; staff told the board that, if approved, the accompanying documents should be recorded with the Hamilton County Recorder.

Petitioner Amanda Jeske described the practical constraints that led to the rehearing request. “I have 3 wooded acres in Hamilton County that I can't build a house on because I can't get to it, and I can't get construction equipment into it,” Jeske said. She told the board she and her late husband had relied on a neighbor’s driveway for years and that recent sewer work reduced a 10-foot access strip to roughly 8 feet, complicating construction access and prompting the request to buy and attach a narrow strip from a neighboring property.

City planning staff, represented by senior planner Gabrielle Heron, summarized the variance request and noted the site’s designation and recent UDO amendments that affect front-yard setback standards. Heron said both accessory structures on the property are legal nonconforming because they predate the 2018 Unified Development Ordinance (UDO) and that the split would move roughly 0.11 acres to an adjacent parcel (16423 East 100 And First Street) through the platting process. Staff took no formal recommendation on the rehearing but, should the BZA approve, recommended recording the approval letter and related documentation with the Hamilton County Recorder’s Office.

Staff and engineering comments addressed access and drainage. City staff said the gravel shared drive labeled Park Drive is not public right-of-way and is held in fee by the adjoining property owners, so the city would not perform ongoing maintenance or improvements; any petitioner relying on that drive would need cross-access easements negotiated with those owners. On stormwater, staff noted that any future building permit would trigger a stormwater review and that property owners must manage stormwater on site under city rules.

Several nearby residents testified in opposition or raised concerns about drainage, maintenance and construction impacts. Danielle Almond Clark, who lives at 16455 East A Hundred And First Street, said runoff currently collects in the low spot between her property and the proposed driveway and that a new driveway could redirect runoff into adjacent yards. “When it rains, all the water between our property and Michelle’s is collected in that area,” she said. Christine Moschel, at 16475 East 100 And First Street, said the shared drive is very rutted and that construction trucks would worsen conditions; she also said trees that form a buffer would likely be removed and asked what would be done about the existing low area where rainwater collects.

Board members discussed the standard variance considerations—public health and safety, effect on neighboring property values and whether strict application of the ordinance would cause practical difficulties. A motion to approve the rehearing (moved by Mr. Lannon and seconded by another board member) produced a tie vote: Grinslake—No; Stevenson—No; Lannon—Aye; Ferrucci—Aye. Under the board’s procedures, the 2-2 tie results in an automatic continuance to the next monthly meeting when a full board is expected.

Next steps: The petition will return to the Board of Zoning Appeals at the next scheduled meeting for further consideration; staff indicated that, regardless of the BZA’s decision, the petitioner must secure any necessary easements from private property owners for access and comply with stormwater review if a building permit is pursued.","The Board of Zoning Appeals split 2-2 on a rehearing request from petitioner Amanda Jeske to expand a legal nonconforming accessory structure, subdivide land and alter setbacks at 16465 E. 100 & First Street; the tie automatically continued the petition to the next meeting.","actionData","errors"]

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Fishers BZA denies lot-split setback variance at Geist Pointe; 3-1 vote ends request

Fishers BZA ties on rehearing for Wilson Garage variance; petition continued to next month